Courts and procedure · For advocates
Order XXXIX: stay orders by the rules.
In short
Grounds, notice, the 15-day ex parte limit and the six-month lapse, in one place.
By the FAI Legal editorial desk · 10 October 2026 · 10 slides · 2 min read
When the court may stay.
Proved by affidavit or otherwise.
“(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defraud his creditors, the Court may by order grant a temporary injunction to restrain such act”
Code of Civil Procedure, 1908 · Order XXXIX Rule 1, Cases in which temporary injunction may be granted
Rule 2: stop the breach.
In a suit to restrain a breach of contract or other injury, before or after judgment (R.2(1)).
- R.1(a)Property in dispute being wasted, damaged, alienated or wrongly sold.
- R.1(b)Defendant disposing of property to defraud creditors.
- R.2(1)Breach of contract or other injury, or a like breach.
Quick quiz. How long?
Guess first, then swipe for the answer.
- A. 7 days
- B. 15 days
- C. 6 months
Answer: B. 15 days.
Extendable only if service failed through no fault of the plaintiff, or the defendant sought time (R.2(2A)).
- R.3: Notice firstUnless delay would defeat the object of the injunction.
- Ex parte orderOrdinarily not beyond 15 days (R.2(2A)).
- 6m: After hearingLapses at six months unless extended with recorded reasons, reported to the High Court (R.2(2B)).
Myth or fact?
The assumption that loses clients their stay.
- Myth: A stay order lasts until the suit is decided.
- Fact: It ceases at six months unless the court extends it after hearing the parties again (R.2(2B)).
Against Government.
Rule 3 provisos.
- Notice cannot be skippedAgainst Government, a Government servant or a statutory body, except in ejectment or demolition cases.
- Notice periodNot less than two days and not more than seven days.
Breach, and after.
Enforcement and challenge.
- Disobedience, R.2(3)Attachment of property and civil prison up to six months.
- Attachment, R.2(4)Max one year, then the property may be sold.
- Discharge or vary, R.4On application by any party dissatisfied.
- AppealLies from orders under R.1, 2, 4 or 10 (O.XLIII R.1(r)).
The rule. The case law.
Ask FAI. It gives the exact rule and the judgments on prima facie case and balance of convenience.
- Judgments on extending an interim injunction beyond six months under O.XXXIX R.2(2B).
- Draft an application under Order XXXIX Rules 1 and 2 CPC.
Example questions
What this does not mean
- A stay order does not last until the suit is decided. One granted after hearing lapses at six months unless extended with recorded reasons (R.2(2B)).
- An ex parte order is ordinarily not beyond 15 days, extendable only if service failed through no fault of the plaintiff or the defendant sought time (R.2(2A)).
- Against Government, a Government servant or a statutory body, notice cannot be skipped, except in ejectment or demolition cases (R.3 provisos).
Questions people ask
How long is a stay order valid in Pakistan?
An ex parte interim injunction is ordinarily not beyond 15 days (R.2(2A)). One granted after hearing lapses after six months unless extended with recorded reasons, reported to the High Court (R.2(2B)).
How can I get a stay order on property in Pakistan?
Under Order XXXIX Rule 1 CPC, show by affidavit or otherwise that the property in dispute is in danger of being wasted, damaged, alienated or wrongly sold in execution, or that the defendant is disposing of his property to defraud creditors.
Can a stay order be granted without notice to the other side?
Rule 3 requires notice first, unless delay would defeat the object of the injunction. An order passed without hearing the defendant ordinarily lasts no more than 15 days.
Can a stay order be challenged or cancelled?
Any dissatisfied party can apply to discharge or vary it under Rule 4. An appeal lies from orders under Rules 1, 2, 4 or 10 (O.XLIII R.1(r)).
What happens if a stay order is disobeyed?
Under Rule 2(3), the court can attach property and order civil prison up to six months. Attachment lasts up to one year, then the property may be sold (R.2(4)).
Sources
- Code of Civil Procedure, 1908 · Order XXXIX Rule 1
Cases in which temporary injunction may be granted Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
