Injunction

 Definition: An injunction is a specific order or command of the court preventing a party from doing that which he is under a legal obligation not to do or directing the performance of a particular act or thing.

Giving injunction is a discretionary power of the court.

Kinds: Classifications of injunction as follows:

1.     Temporary injunction.

2.     Perpetual injunction.

3.     Mandatory injunction.

4.     Negative injunction.

5.     Ad-interim injunction or interlocutory order.

These are discussed below:-

1. Temporary injunction: According to section 53 of the Specific relief Act, 1877 temporary injunction means the injunction which to continue until a specified time or until the further order of the court. That may be granted at any period of a suit and are regulated by the code of civil procedure.

Temporary injunction can be granted under the provisions of Order 39, rule 1 and 2 of the Civil procedure code.

Example: A filled a suit against B for declaration of title and recovery of possession of immovable property. There were some trees on the property. A filled a petition to court for an injunction against B to restraint him from cutting these trees.

2. Perpetual injunction: According to section 53 of the Specific relief Act, 1877 perpetual injunction is one where 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.

A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit.

Perpetual injunction can be granted under the specific relief Act, 1877.

Example: A, B and are partners, the partnership being determined at will. A threatens to do an act sending to the destruction of the partnership property. B and C may, without seeking dissolution of the partnership, sue for an injunction to restrain A from doing the act.

3. Mandatory injunction: According to section 55 of the specific relief Act, 1877 mandatory injunction is one where it is necessary for the court to prevent the breach of an obligation and also to compel performance of the requisite acts which the court is capable of enforcing, the court in its discretion grant an injunction to prevent the breach complained of.

Example: A builds a house with eaves projecting over B’s land. B may sue for an injunction to pull down so much of the eaves as so project.

4. Negative injunction: Negative injunction is one which prevents a person to perform the negative agreement. Section 57 of the specific relief Act, 1877 prescribed that where a contract comprises an affirmative agreement to do certain act coupled with a negative agreement not to do a certain act, the court can grant an injunction to perform the negative agreement.

Example: A contracts with B that he will sing only for his music company for 12 months. After expiration of 6 months A refused to perform for B’s company and made a contract with C’s music company. Here, B is not entitled to a decree for specific performance of the contract. But B is entitled to an injunction restraining A from singing for another music company.

5. Ad-interim injunction or interlocutory order: When the court give an injunction based on only hearing of the plaintiff without notice submit to the defendant to stay same the subject matter of the suit, is called ad-interim injunction.

In another word, before hearing of temporary injunction and giving order in such matter which injunction granted is called ad-interim injunction.

Characteristics of an injunction: An injunction does have normally five characteristics. These are:-

1. It is a judicial process.

2. The object obtained thereby is restrained or prevention.

3. The thing restrained or preventive is a wrongful act.

4. An injunction act or operated in “personam” and does not run with the land.

5. An injunction will not be granted where an adequate relief by way of damages is available.