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Injunction is a judicial process, by which one who is threatening to invade or has invaded, the legal or

equitable right of another is restrained from commencing such act or if commenced, commanded to
CHARACTERISTICS: There are three characteristics of an injunction:
i.It is a judicial process
ii.The relief obtained thereby is restraint or prevention
iii.The act prevented or restrained is wrongful
Indian Law: Law relating to injunction has been given in Ss. 36 to 42 of SRA, 1963 and Order 39 of the
Code of Civil Procedure, 1908 according to which an injunction will be issued except where:
a. Damages are appropriate to remedy,
b. Injunction is not the appropriate relief,
c. The plaintiff is not entitled to injunction on account of his conduct,
d. The contract cannot be specifically enforced
e. The injunction would operate inequitably
Note: According to Nelson the nature of discretion and the rules for its guidance, in the case of Indian
courts are same as in England.
Nature: Sec. 36 provides that:-
 Injunction is a preventive relief
 it may be granted at the discretion of the court
 it may be either temporary or perpetual.
KINDS: Injunction may be classified in two kinds, for example:
1. Prohibitory Injunction: it forbids the defendant from doing some act which will interfere with
the plaintiff’s right, legal or equitable, for example restraining for committing trespass.
2. Mandatory Injunction: is an order which requires the defendant to do some positive act, for
example to pull down a wall which causes obstruction to the plaintiff’s right of light.
According to Sec. 36 prohibitory injunctions are of two kinds and further Sec. 37 defines both of them as
I.Temporary or Interlocutory: An injunction which continues until a specified time, or until the further
orders of the court, is called temporary or interlocutory.
a. Temporary or interlocutory injunction can be granted at any stage of a suit.
b. The procedure for granting temporary or interlocutory injunction is regulated by rules contained
in Order 39 Rule (1&2) of the Code of Civil Procedure, 1908.
II.Perpetual or Permanent Injunction: An injunction by which the defendant is perpetually prohibited
from the assertion of a right, or from the commission of an act, which would be contrary to the right of
the plaintiff, is called a perpetual or permanent injunction.
Note: A perpetual or permanent injunction can only be granted by the decree made at hearing and upon
the merits of the suit
Temporary or interlocutory injunction is a provisional remedy granted in order to protect the property in
suit. By virtue or Order 39, rule 1 there are following instances, when the court may grant a temporary or
perpetual injunction viz.:

(a) where the property in dispute is in danger of being wasted, damaged or alienated by any opposite party
of the suit, or

(b) Where the opposite party threatens to destroy or dispose of his property, or

(c) Where the opposite par*” threatens to dispossess the plaintiff or otherwise cause injury to him.

Further, the court will take into account the following considerations, while granting order of temporary

(i) There is prima facie case in favour of the plaintiff, or the applicant,

(ii) There would be irreparable injury to the plaintiff, or party seeking relief, if the same is not granted,

(iii) The balance of convenience must be in favour of granting injunction,

(iv) The plaintiff cannot be adequately compensated by way of damages.

Thus, we see that though the remedy is provisional but very effective, relevant and protects the interests
of the parties to the suit, which can otherwise be violated.