How to get a restraining order

हिंदी में पढ़ें
October 10, 2019
By Advocate Chikirsha Mohanty



Restraining Orders commonly go by the term ‘Injunction’ in India. An injunction/ restraining order is a Judicial Remedy prohibiting persons from doing a specified act called a restrictive injunction or commanding them to undo some wrong or injury called a mandatory injunction and may be either temporary, interim or interlocutory or permanent. A relief of injunction cannot be taken as a right, it is based on discretion.

Indian courts regulate the granting of a temporary injunction in accordance with the procedure laid down under Sections 94, 95 and Order XXXIX of the Civil Procedure Code, whereas, temporary and perpetual injunctions are prescribed by Sections 36 to 42 of the Specific Relief Act.

Connect with an expert lawyer for your legal issue
 

Injunction can be further classified into two types:

 

1. Temporary Injunction

A temporary or interim injunction may be granted on an interlocutory (during the course of a suit) application at any stage of a suit. It is a provisional remedy that is invoked to preserve the subject matter in its existing condition. Its purpose is to prevent dissolution of the plaintiff’s rights. This type will be used when there is a need for immediate relief.

Section 94 (c) and (e) of Code of Civil Procedure contain provisions under which the Court may grant injunction and  Section 95 of Civil Procedure Code further provides for reasonable compensation when such injunction is proved to be of unnecessary nature.

As per Rule 3 of Order XXXIX of the Code of Civil Procedure, the power to grant an ex-parte interim injunction in exceptional circumstances also rests with the court.
 

 Consult: Top Civil Lawyers in India
 

2. Perpetual Injunction 

A party against whom a perpetual Injunction is granted is thereby restrained forever from doing the act complained of. It can only be granted by a final decree made at the hearing and upon merits of the suit.
 
Sub-section (3) of Section 38 of Specific Relief Act in clauses (a), (b), (c) and (d) further illustrates the circumstances wherein perpetual injunction may be granted by the Court.
 
Section 41 of the Specific Relief Act, 1963, provides various circumstances in sub section (a) to (j) in which the injunction cannot be granted.
 
Further, the nature of Injunction can be preventive, prohibitive, restrictive or mandatory.

Connect with an expert lawyer for your legal issue

In order to file an order of Injunction you need to consider the amount of Suit Relief and the Court in which the suit has to be filed. An application for such an order needs to be attached keeping in view the type of injunction order which is being prayed for, when the suit proceeds, with the appropriate amount of court fee.

Also note that the Hon'ble Supreme Court has observed that the Court has powers U/s.151 of Civil Procedure Code to issue an injunction in cases not falling within Order XXXIX Rule 1 and 2; however that discretion should be exercised judiciously.

It is important to note that the information provided here is for knowledge purposes only. Consult an expert lawyer before initiating such law procedures.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Civil Lawyers


Advocate Rajeev Nigam
Kanpur Nagar , Kanpur
26 years Experience
Advocate Vijay Tangri
Saket , Delhi
21 years Experience
Advocate Ravi Jadhav
Koregaon Park , Pune
12 years Experience
Advocate Ayantika Mondal
Gandhinagar , Bangalore
11 years Experience

Related Articles


Connect with top Civil lawyers for your specific issue

Civil Law Articles


All you need to know about Euthanasia and ‘Living Will’ in India

​Extension of limitation period in legal matters during lockdown

How to file a PIL (Public Interest Litigation)?

How to file Writ Petition?

User Reviews


4.5 - 23 reviews
A
LawRatoLawRatoLawRatoLawRatoLawRato

need a property lawyer please help

Ankita on Jul 09, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

what is the procedure to file for a permanent injuction?

Shravan on Jul 03, 2020
P
LawRatoLawRatoLawRatoLawRato

good article. In what cases can we get injuction?

Prasad on Jul 05, 2020
S
LawRatoLawRatoLawRatoLawRato

how to get a restraining order form court?

Sathish on Jun 24, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

illegal construction on my property can I get injuction order?

Sudhakar on Jul 14, 2020
S
LawRatoLawRatoLawRatoLawRato

thanks for the information

Sarita on Jun 24, 2020
K
LawRatoLawRatoLawRatoLawRato

solved my queries.

Kamal on Jul 02, 2020
V
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the info. How can we contact a lawyer?

Vignesh on Jul 13, 2020
G
LawRatoLawRatoLawRatoLawRatoLawRato

informative with the law.

Geetha on Jul 10, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

excellent article. Very informative

Shekhar on Jun 23, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

how to contact a lawyer?

Anup on Aug 04, 2020
M
LawRatoLawRatoLawRatoLawRatoLawRato

needed legal help…whom shall I contact?

Manjula on Jul 27, 2020
S
LawRatoLawRatoLawRatoLawRato

it’s a very nice legal article

Shreya on Jul 12, 2020
R
LawRatoLawRatoLawRatoLawRato

Written in a very simple language.

Ruchi on Aug 03, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

The article is written ver well. Learned a lot about my case through this.

Arpit on Jul 27, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the advice

Amol on Jul 30, 2020
G
LawRatoLawRatoLawRatoLawRatoLawRato

good article. Very helpful

Geetha on Jul 27, 2020
G
LawRatoLawRatoLawRatoLawRatoLawRato

nice work with the article.

Ganesh on Jul 16, 2020
V
LawRatoLawRatoLawRatoLawRatoLawRato

needed more information. Where to call?

Vikrant on Jun 25, 2020
R
LawRatoLawRatoLawRatoLawRatoLawRato

Helped a lot in understanding the law.

Ravinder on Jul 21, 2020
R
LawRatoLawRatoLawRatoLawRato

good advice. Who can I contact for my legal issue?

Roshan on Jul 18, 2020
K
LawRatoLawRatoLawRatoLawRato

thank you for the information

Komal on Jul 04, 2020
J
LawRatoLawRatoLawRatoLawRato

Very helpful in understanding the law.

Jitender on Jul 13, 2020

VIEW ALL