Suits for Declaration and Permanent Injunction
An injunction is a judicial process whereby a party is required to do, or to refrain from doing, any particular act.Prohibitory injunction is a remedy in the form of an order of the Court addressed to a particular person that either prohibits him from doing or continuing to do a particular act whereas mandatory injunction is an order to carry out a certain act.
When there is a claim for any legal right and legal character with respect to property by virtue of title deeds, one should file a suit for declaration under section 8 of Specific Relief Act, 1877 for recovery of Immovable Property and Section 42 for Declaration of immovable property. However, in case of a claim for movable property, the suit may be filed under section 10 of Specific Relief Act, 1877.
There are three main kinds of Injunctions:
Permanent or Perpetual Injunction is regulated by Section 51 of Specific Relief Act, 1877. It is issued in terms of decree after proper hearing of the case and satisfaction of the court. The court may order to stop certain acts which are contrary to the right of the plaintiff.
According to Section 54 of the Specific Relief Act, 1877, a Permanent Injunction may be granted by the court on the following grounds:
- Contracts which may specifically be enforced; and
- Contracts which cannot specifically be enforced.
- When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property
- Where the defendant is trustee of the property for the plaintiff.
Temporary or Interlocutory Injunction is regulated by the Code of Civil Procedure, 1908 and is issued during the case is pending for a specified time or till the further order of the court
According to Order 39 Rules 1 & 2 of the Civil Procedure Code, 1908, Temporary Injunction may be granted by the court on the following grounds:
- Where any disputed property in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree or;
- Where the defendants threatens, or intends to remove or dispose of his property with a view to defrauding his creditors; or
- Where the defendants threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any disputed property in the suit; or
- Where the defendant is about to commit a breach of contract, or other injury of any kind; or
- Where the court is of the opinion that the interest of justice so requires.
Mandatory Injunction: It is regulated by Section 55 of Specific Relief Act 1877 when the performance of contract is necessary and breach of trust or breach of an obligation is object so the court may grant a Mandatory Injunction for prevention of Breach Complained.
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