Stay Order (Temporary Injunction) in Pakistan: Order 39 CPC, How to Get One and How Long It Lasts

By Justify.pk Editorial Team | Reviewed by Zeshan Haider Advocate | WhatsApp: 0300-0779014

People often say they want a “stay order” when someone is about to sell, demolish, dispossess or alter property while a dispute is pending. In a civil case the usual tool is a temporary injunction under Order XXXIX of the Code of Civil Procedure, 1908 (CPC). This guide explains what must be proved, how to apply, how long the order lasts and how it can be challenged.

Quick Answer

A temporary injunction is an interim order of a civil court, made during a pending suit, directing a party to do or refrain from doing something until the suit is decided or the court orders otherwise. Order XXXIX, Rules 1 and 2 CPC cover cases where property is in danger of being wasted, alienated or wrongfully sold, or where a party threatens to dispossess the plaintiff or cause injury. The applicant must satisfy three tests: a prima facie case, balance of convenience in the applicant’s favour, and irreparable loss if the order is refused. No outcome can be guaranteed.

Temporary vs Permanent Injunction

• Temporary injunction (Order XXXIX CPC): lasts during the pending suit, preserving the status quo.
• Permanent injunction: granted in the final decree after trial under the Specific Relief Act, 1877.

A temporary injunction is filed with, or after, a suit; there is no free-standing “stay order” without a pending civil case. For suits seeking possession or declaration see our guides on suits for possession and mutation disputes.

The Three Essential Tests

1. Prima facie case

The applicant must show a serious question to be tried and a real right: for example a registered agreement to sell, possession, an inherited share, a lease. The court does not decide the merits finally at this stage; it asks only whether the claim is arguable on the documents.

2. Balance of convenience

The court weighs who will suffer more from granting or refusing the order. If the property is in the applicant’s possession and the defendant threatens to sell it, the balance often favours maintaining the status quo.

3. Irreparable loss

Loss that cannot be adequately compensated in money, such as loss of a home or unique land, is irreparable. If damages would be a fair remedy, an injunction may be refused.

Supporting Evidence

• Registered deeds, agreement to sell and receipts, fard or revenue record, and mutation entries.
• Proof of possession: utility bills, photographs, witnesses.
• Evidence of the threat: notices, messages, attempted demolition or advertisement of sale.
• Your own conduct: delay, acquiescence or concealment can defeat the application.

How to Apply

1. File the suit (plaint) in the court with territorial and pecuniary jurisdiction.
2. File an application under Order XXXIX, Rules 1 and 2 read with section 151 CPC, with an affidavit and documents.
3. Ask for an ad-interim order if there is urgency. Under Rule 3 the court generally gives notice to the other side before granting an injunction, and may grant it without notice only if it records that the object would otherwise be defeated by delay. Rules on what the applicant must then do (such as sending the application papers) apply, so check the current text.
4. The other party files a reply; the court hears both sides and passes an order.

Duration, Variation and Discharge

• An injunction granted after hearing normally continues until the suit is decided or the court orders otherwise.
• Under Order XXXIX, Rule 4 the court can discharge, vary or set aside the order on application if it was obtained by concealment, or circumstances have changed or it causes undue hardship.
• Disobedience can be punished under Rule 2-A with attachment of property and, in proper cases, civil imprisonment, so the order must be obeyed.
• An order granting or refusing an injunction is appealable under Order XLIII, Rule 1(r) CPC within the prescribed limitation.

Common Mistakes

• Waiting months after learning of the threat.
• Hiding a material fact, such as a previous refusal.
• Asking for an injunction that merely gives the final relief of the suit.
• Ignoring the order after it is granted.

FAQs

Can I get a stay order without filing a suit?

Generally no. A temporary injunction supports a pending suit.

How long does a stay order last?

Usually until the suit is decided or the court recalls it. It can be varied or discharged.

Can an ex-parte stay be granted?

Yes, in exceptional urgency with recorded reasons, but the other side can apply to set it aside.

What if the other party violates it?

Apply under Order XXXIX, Rule 2-A for punishment and restoration.

Can I appeal if refused?

Yes, an appeal lies against the order under Order XLIII, Rule 1(r).

See also our civil procedure definitions.

Legal disclaimer: General information on Pakistani law only. Procedure and rules may differ by province and change; consult a qualified advocate.