In everyday speech people call it a "stay order". In law it is a temporary or interlocutory injunction - a direction from a civil court that holds matters where they stand until the suit is finally decided. It is one of the most sought remedies in Pakistani litigation because it can stop irreversible harm before trial: a disputed property being sold, a building being pulled down, or a person being thrown out of possession. This guide explains the governing law, the three ingredients the court weighs, how urgent ex-parte orders work, and - just as important - how the opposite party gets a stay order set aside.
What a stay order actually is
An injunction is a court order that either restrains a party from doing something (a prohibitory injunction) or, less commonly, directs them to do something (a mandatory injunction). A temporary injunction lasts only while the suit is pending and can be granted at any stage; a perpetual injunction is the final relief granted in the decree after trial. The two are often confused, so it helps to keep them apart.
| Feature | Temporary injunction (stay order) | Perpetual injunction |
|---|---|---|
| Governing law | Order 39 CPC + Section 53, Specific Relief Act 1877 | Sections 54-55, Specific Relief Act 1877 |
| When granted | Any time while the suit is pending | Only at final decree, after trial |
| Duration | Until further order or disposal of the suit | Permanent |
| Decided on | Affidavits and prima facie view | Full evidence and merits |
The governing law
The power to grant a temporary injunction flows from Section 94(c) and Order 39, Rules 1 and 2 of the Code of Civil Procedure 1908, read with the court's inherent power under Section 151 CPC. The substantive right sits in the Specific Relief Act 1877. A stay order is always ancillary to a suit - you cannot obtain one in the abstract; there must be a properly instituted suit in which the relief is claimed. If you have not yet filed, see our guide to civil suit procedure from plaint to decree, and confirm the correct forum in our note on civil court jurisdiction.
The three ingredients you must prove
Pakistani courts apply a settled, three-part test. The applicant must establish all three - they must "co-stand" strongly, and if even one is missing the application cannot legally survive.
| Ingredient | What the court asks |
|---|---|
| Prima facie case | Is there a bona fide, serious question to be tried - a real probability, on the material before the court, that the applicant is entitled to the right claimed? |
| Balance of convenience | Weighing the harm to the applicant if relief is refused against the harm to the defendant if it is granted, which way does the greater inconvenience fall? |
| Irreparable loss | Would the applicant suffer injury that cannot be adequately compensated in money or undone later if the injunction is denied? |
Remember: an injunction is a discretionary and equitable relief. A party who comes with unclean hands, conceals material facts, or delays without explanation may be refused even where the three ingredients appear present.
How a stay order is applied for and granted
The application is moved on affidavit alongside or after the plaint. In practice the sequence runs like this:
- File the suit and, with it, an application under Order 39 Rules 1 and 2 supported by an affidavit setting out the urgency and the three ingredients.
- The court issues notice to the opposite party and, if the matter is urgent, may pass an interim or ex-parte order to hold the position.
- The opposite party files a written reply or counter-affidavit opposing the application.
- After hearing both sides the court passes a reasoned order confirming, modifying or refusing the injunction, and may attach conditions - for example directing the applicant to furnish security or maintain status quo.
Court fee on the application is modest and fixed, but the suit itself carries ad valorem fee depending on the valuation. Estimate it with our court fee calculator and read the wider guide to court fees in Pakistan; exact amounts vary by province and by the nature of the suit, so treat figures as indicative and confirm on consultation.
Ex-parte (urgent) stay orders
Where giving notice would defeat the very purpose of the injunction - the property would be sold or the structure razed before the other side could be heard - the court may grant relief ex-parte under Order 39 Rule 3 CPC. This power is hedged with mandatory safeguards:
- The court must record its reasons in writing for granting relief without notice.
- The applicant must immediately serve on the opposite party a copy of the application, the affidavit, the plaint and the documents relied upon.
- The applicant must then file an affidavit confirming that this service was made.
An ex-parte order is inherently temporary and is meant to be revisited quickly once the other side appears. Courts are directed to decide the injunction application expeditiously rather than let an ex-parte order run indefinitely.
How to get a stay order vacated
If a stay order is operating against you, there are three routes to remove it. They are not mutually exclusive, but choosing the right one saves time.
| Route | Provision | When to use it |
|---|---|---|
| Application to vacate / written reply | Order 39 Rule 4 CPC | Ask the same court to discharge, vary or set aside the order after hearing you on merits. |
| Mandatory vacation | Proviso to Order 39 Rules 3 & 4 | Where the applicant made a false or misleading statement on a material point, or ignored the Rule 3 service conditions - the court must vacate. |
| Appeal | Order 43 Rule 1 CPC | Challenge the order granting the injunction before the appellate court. |
The strongest ground for vacation is usually procedural: an ex-parte injunction obtained by suppression of material facts or without complying with the Rule 3 service requirements can be set aside without the court even entering the merits. Where the order stands on the merits, focus your reply on knocking out one of the three ingredients - most often by showing that damages would fully compensate the plaintiff, so there is no irreparable loss.
When an injunction cannot be granted
Section 56 of the Specific Relief Act 1877 lists situations where a court will not grant an injunction. The common bars include:
- To prevent the breach of a contract that could not itself be specifically enforced (Section 56(f)).
- To interfere with the public duties of a government department or the sovereign acts of government (Section 56(d)).
- To stay judicial proceedings pending in a court not subordinate to the one approached.
- Where the applicant has an equally efficacious alternative remedy - for instance, where an award of damages would be adequate.
This is why injunctions to restrain the termination of a revocable licence, or to force a government body to continue a contract, so often fail.
Appeal and revision
An order granting or refusing a temporary injunction is appealable under Order 43 Rule 1 CPC to the appellate court. If the appellate order still leaves you aggrieved, a revision may lie to the High Court under Section 115 CPC, and in fit cases constitutional jurisdiction under Article 199 may be invoked. Limitation is unforgiving here - an appeal against an injunction order typically must be filed within a short window under the Limitation Act 1908, so do not delay. See our overview of the civil appeal process and the key limitation deadlines before you move.
Frequently asked questions
Is a stay order the same as a temporary injunction?
Yes. "Stay order" is the everyday term; in the CPC it is a temporary injunction granted under Order 39. A stay of a specific proceeding is a related but narrower concept.
How long does a stay order last?
Until the court modifies or vacates it, or until the suit is finally decided - whichever comes first. An ex-parte order is meant to be reviewed quickly once the other side appears.
Can I get a stay order without informing the other party?
Only in urgent cases as an ex-parte order under Order 39 Rule 3, and the court must record reasons while you must immediately serve the opposite party and file an affidavit of service.
What is the best ground to vacate an ex-parte injunction?
Suppression of material facts or non-compliance with the Rule 3 service conditions - either can lead the court to vacate the order without going into the merits.
Do I need a lawyer to obtain or oppose a stay order?
Injunction hearings turn on how the three ingredients are pleaded and argued, so professional drafting matters. Our civil litigation team handles both sides.