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 orderis 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.



 

Comments


No Comments! Be the first one to comment.

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
27 years Experience
Advocate Anup S Dhannawat
Borivali West , Mumbai
5 years Experience
Advocate Ravi Jadhav
Koregaon Park , Pune
13 years Experience
Advocate Vivek Sharma
Govindpuram , Ghaziabad
5 years Experience

Related Articles


Connect with top Civil lawyers for your specific issue

Civil Law Articles


Transfer of a Case from one Court to another

How to file a Civil Suit in India?

Difference b/w Fundamental Rights and Directive Principles of State Policy?

Difference between Appeal and Revision

User Reviews


4.6 - 24 reviews
L
LawRatoLawRatoLawRatoLawRatoLawRato

good article. In what cases can we get injuction?

Laxman on Sep 09, 2021
V
LawRatoLawRatoLawRatoLawRato

illegal construction on my property can I get injuction order?

Vimal on Aug 31, 2021
B
LawRatoLawRatoLawRatoLawRatoLawRato

what is the procedure to file for a permanent injuction?

Babita on Sep 06, 2021
H
LawRatoLawRatoLawRatoLawRato

need a property lawyer please help

Hema on Aug 28, 2021
I
LawRatoLawRatoLawRatoLawRatoLawRato

how to get a restraining order form court?

Indu on Sep 13, 2021
S
LawRatoLawRatoLawRatoLawRato

Nice piece on the subject.

Srikanth on Aug 20, 2021
J
LawRatoLawRatoLawRatoLawRatoLawRato

Written in a very simple language.

Jyothi on Aug 14, 2021
R
LawRatoLawRatoLawRatoLawRatoLawRato

good legal subject

Rajendra on Aug 27, 2021
K
LawRatoLawRatoLawRatoLawRatoLawRato

good article. Can you share more detail

Kaushal on Aug 18, 2021
V
LawRatoLawRatoLawRatoLawRato

Nicely written article. Very comprehensive.

Veena on Sep 06, 2021
R
LawRatoLawRatoLawRatoLawRatoLawRato

very good article. Can you tell me more about the law?

Ramesh on Aug 28, 2021
C
LawRatoLawRatoLawRatoLawRatoLawRato

nicely written. Great work

Chandra on Aug 29, 2021
S
LawRatoLawRatoLawRatoLawRatoLawRato

Answered all my legal queries.

Sangeeta on Aug 16, 2021
H
LawRatoLawRatoLawRatoLawRatoLawRato

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

Hari on Sep 16, 2021
H
LawRatoLawRatoLawRatoLawRatoLawRato

Written plainly to be understood by anyone who is from a non-legal background.

Hari on Sep 18, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

Detailed and informative.

Aman on Aug 18, 2021
A
LawRatoLawRatoLawRatoLawRato

Very nice article. English is very simple. Thank you for the information.

Ashok on Aug 27, 2021
S
LawRatoLawRatoLawRatoLawRatoLawRato

thank you for the information

Sushma on Aug 26, 2021
A
LawRatoLawRatoLawRatoLawRato

nice article. Thanks for the information

Akash on Sep 10, 2021
B
LawRatoLawRatoLawRatoLawRatoLawRato

needed more information. Where to call?

Brijesh on Sep 18, 2021
S
LawRatoLawRatoLawRatoLawRatoLawRato

can you share your helpline number

Swapnil on Aug 20, 2021
B
LawRatoLawRatoLawRatoLawRatoLawRato

good article and easy to understand

Babu on Aug 21, 2021
V
LawRatoLawRatoLawRatoLawRato

nicely written

Venkatesh on Aug 29, 2021
P
LawRatoLawRatoLawRatoLawRato

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

Prashant on Sep 02, 2021

VIEW ALL