CPC - Appendix F - TEMPORARY INJUNCTIONS.(O.39, r.1.)
No.8
TEMPORARY INJUNCTIONS.(O.39, r.1.)
(Title)
Upon motion made unto this Court by ______________________, Pleader of [or Counsel for] the plaintiff A B, and upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the ___________ day of ___________ , or the written statement of the said plaintiff filed on the ___________ day of ___________ ] and upon hearing the evidence of and in support thereof [if after notice and defendant not appearing; add, and also the evidence of ______________________ as to service of notice of this motion upon the defendant C D]: This Court cloth order that an injunction be awarded to restrain the defendant C D, his servants, agents and workmen, from pulling down, or suffering to be pulled down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, of the plaintiff and evidence at the hearing of this motion mentioned], being No.9, Oilmongers Street, Hindupur, in the Taluk of ______________________ , and from selling the materials whereof the said house is composed, until the hearing of this suit or until the further order of this Court.
Dated this ___________ day of ___________ 19___________
Judge.
[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the order may run thus:--]
to restrain the defendants ______________________ and ______________________ from parting with out of the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of exchange] in question, dated on or about the ,etc., mentioned in the plaintiff's plaint [or petition] and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court. :
[In Copyright cases] ______________________ to restrain the defendant C.D., his servants, agents or workmen, from printing publishing or vending a book, called ______________________ , or any part thereof, until the, etc.
[Where part only of a book is to be restrained] ______________________to restrain the defendant C.D., his servants, agents or work men from printing, selling or otherwise disposing of such arts of the book in the plaint [or petition and evidence, etc.] mentioned to have been published by the defendant as hereinafter specified' namely, that part of the said book which is entitled ______________________ and also that part which is entitled [or which is contained in page ___________ to page ___________ both inclusive] until ___________ , etc.
[In Patent cases] ______________________ to restrain the defendant C.D., his agents, servants and workmen, from making or vending any perforated bricks [or as the case may be] upon the principle of the inventions in the plaintiff's plaint [or petition, etc., or written statement, etc., mentioned, belonging to the plaintiffs, or either of them, during the remainder of the respective terms of the patents in the plaintiff's plaint [or as the case may be] mentioned, and from counterfeiting, imitating or resembling the same inventions, or either of them, or making any addition thereto, or subtraction therefrom, until the hearing, etc.
[In cases of Trade marks] ______________________ to restrain the defendant C.D., his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be] described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto such labels as in the plaintiff's plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff A.B., and from using trade-cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiff A.B., until the, etc.
[To restrain a partner from in any way interfering in the business]______________________ to restrain the defendant C D, his agents and servants, from entering into any contract, and from accenting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership-firm of B and D, and from contracting any debt, buying and selling any goods, and from making or entering to any verbal or written promise, agreement or undertaking, and from doing or causing to be done, any act, in the name or on the credit of the said partnership-firm of B.and D., or whereby the said Partnership-firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the performance any contract, promise or undertaking until the, etc.
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