In the court of the learned …………………………………. at Barasat.

Title suit no………………./2023

Plaintiff. Defendant
Vs
Smt. Purnima Mishra 1. Smt. Shila Mishra
2. Eastern Railway.

Petition for temporary injunction under order 39 rule 1 and 2

Read with Section 151 Civil Procedure Code.

……………..

The plaintiff begs to state as follows :

1. That the plaintiff has filed interest suit for declaration permanent injunction and
mandatory order and the cause of action leading to the filling of the suit has been
described in details in the plaint and the plaintiff craves leave of the learned court to
refer to the plaint at the time of hearing this petition.
2. That the disposal of the suit will take considerable time in between the said period
the Defendant No.2 may make payment of family pension to the Defendant No.1 will
receive the family pension from the Defendant No.2 and in that case the suit of the
plaintiff will became infructuous and the plaintiff will suffer extreme loss and injury
which cannot be compensated by money and/or damages. This petition is made
bonafied.
3. That the balance of convenience and inconvenience is in favour of the plaintiff and
the plaintiff has every chance to win the suit.
4. That no notice under Section 80 C.P.C. could be served upon the defendant No.2 for
which the plaintiff is not praying for temporary injunction upon the Defendant No.2
but praying for an order of show cause upon the Defendant No.1 should be
restricted from receiving any family pension from the defendant No.2 till disposal of
the suit or until further order.

Accordingly it is prayed that the learned Court would

be graciously pleased to an order of temporary
injunction with an interim order to that effect
restraining the Defendant No.1 from receiving any
family pension from the Defendant No.2 to show
cause as why the temporary injunction shall not be
granted till the disposal of the suit or until further
order ;

2nd your petitioner, as in duty bound shall ever pray.

 Affidavit

I, Smt. Purnima Mishra, aged about 68 years, wife of Late. Dhruva Nath Mishra, by
religion Hindu, by occupation housewife, resident of 404 Masjitbati Road,
Milannagar, P.O & P.S. – Kancharapara, Dist. 24
paragraphs North do hereby solemnly affirm and declare as follows:
1. That I am the plaintiff and as such am well acquainted with the facts out of which
this affidavit arises. This is true to my knowledge and belief.
2. That the contents of paragraphs ……………. To ………….. are true to my knowledge
and belief, while those in the rest are my humble and respectful submission
before the Learned Court.
I sign and swear this affidavit this the ………… th day of September 2023 at
………………………. Court.

Read over and Explained

& identified by me.

Deponent.
Advocate.