perpetual injunction

A perpetual (permanent) injunction is granted at the end of a suit, on the merits, and forbids the defendant for all time from asserting a right or doing an act that would be contrary to the plaintiff's rights. It is governed by sections 37 to 42 of the Specific Relief Act, 1963. Section 38 states when it may be granted, for example where damages would not be adequate relief or where the injunction is needed to prevent multiplicity of proceedings.

A temporary injunction, by contrast, lasts for a stated time or until further orders and is granted during the suit under Order XXXIX CPC. Section 41 lists cases where an injunction cannot be granted, such as where equally efficacious relief is available by another usual mode of proceeding.

Example

After trial, the court decreed a perpetual injunction restraining the defendant from interfering with the plaintiff's possession of the land.

In Indian law

• ss.37 and 38, Specific Relief Act, 1963
• s.41, Specific Relief Act, 1963 (injunction when refused)

See also

temporary injunction · injunction · declaratory decree · specific performance

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Execution: general principles, the executing court and transfer of decrees (Civil Procedure Code and Limitation Act)
• Prescription, adverse possession and extinguishment of title (sections 25 to 27) (Civil Procedure Code and Limitation Act)
• Rectification, cancellation and declaratory decrees (Contract I)
• Injunctions: temporary, perpetual and mandatory (Contract I)
• The plaint: contents and a model suit for recovery of money (Drafting, Pleading and Conveyance)