injunction

An injunction is a form of specific relief governed by ss.36–42 of the Specific Relief Act, 1963. It may be prohibitory (to refrain) or mandatory (to do an act, s.39). A temporary injunction lasts until a specified time or further order and is granted under Order XXXIX Rules 1–2 CPC; a perpetual injunction is granted by the decree after hearing the suit on merits (s.38). Section 41 lists cases where an injunction cannot be granted, such as to restrain a person from instituting judicial proceedings.

For a temporary injunction the plaintiff must show a prima facie case, that the balance of convenience is in his favour, and that he would suffer irreparable injury otherwise; the Supreme Court restated these three tests in Dalpat Kumar (1991). An injunction is discretionary and equitable, so delay and conduct matter.

Example

The owner obtained a temporary injunction under Order XXXIX restraining the neighbour from building on the disputed strip till the suit was decided.

In Indian law

• Sections 36–42, Specific Relief Act, 1963
• Order XXXIX Rules 1–2, Code of Civil Procedure, 1908
• Dalpat Kumar v. Prahlad Singh, 1991 INSC 341

See also

temporary injunction · perpetual injunction · specific performance · interlocutory application

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Stages and procedure of conciliation under Part III (Alternative Dispute Resolution Systems)
• Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Res sub judice: stay of suit (section 10) (Civil Procedure Code and Limitation Act)