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.l:
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, Oil mongers
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 there from, 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 colorable 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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