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Vacation of Injunction (Order XXXIX Rule 4 CPC)

Judicial Orders, Injunctions & Precedents

Definition

A procedural application moved by a party against whom an ex-parte injunction was granted, requesting the court to discharge, vary, or set aside the order because the plaintiff knowingly made false or misleading statements regarding material facts.

Example

The defendant in a copyright suit proves that the plaintiff deliberately concealed a prior licensing agreement that authorized the defendant's publication; the court allows the application under Order XXXIX Rule 4 CPC and vacates the injunction immediately.