Law Library
Chapter 7 -Injunction Generally
36. Preventive relief how granted.—
Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.
37. Temporary and perpetual injunctions.—
(1)Â Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
(2)Â A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
Chapter 8-Perpetual Injunction
38. Perpetual injunction when granted.—
(1)Â Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2)Â When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
(a)where the defendant is trustee of the property for the plaintiff;
(b)where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c)where the invasion is such that compensation in money would not afford adequate relief;
(d)where the injunction is necessary to prevent a multiplicity of judicial proceedings.
39. Mandatory injunctions.—
When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
40. Damages in lieu of, or in addition to, injunction.—
(1)Â The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.
(2)Â No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:
Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.
(3)Â The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.
41. Injunction when refused.—
An injunction cannot be granted—
(a)to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b)to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c)to restrain any person from applying to any legislative body;
(d)to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e)to prevent the breach of a contract the performance of which would not be specifically enforced;
(f)to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g)to prevent a continuing breach in which the plaintiff has acquiesced;
(h)when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(i)when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;
(j)when the plaintiff has no personal interest in the matter.
42. Injunction to perform negative agreement.—
Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:
Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.
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