Injunctions are powerful legal tools in Indian civil law, offering preventive relief to parties when monetary compensation is inadequate. Under the Specific Relief Act, 1963, courts can issue orders compelling or restraining actions, thereby preserving rights and justice. Effective use of injunctions hinges on understanding their types, scope, limitations, and practical application—particularly in Delhi’s fast-paced legal landscape.

This article explores:

  • What is an injunction?
  • The four primary types: temporary, permanent, prohibitory, and mandatory injunctions
  • Legal provisions under the Specific Relief Act, 1963 and CPC
  • Scope and limitations, including defenses and jurisdictional parameters

Legal Basis and Definition of Injunctions in India

Under Indian jurisprudence, injunctions are equitable reliefs governed primarily by Sections 36 to 42 of the Specific Relief Act, 1963. They are court orders that either restrain a party from performing a specific act (prohibitory injunction) or compel them to carry out a particular act (mandatory injunction).

Statutory Framework:

  1. Specific Relief Act, 1963:

    • Section 36: Types of reliefs (prohibitory and mandatory)
    • Section 37: Distinction between temporary and perpetual injunctions
    • Sections 38–42: Grounds, conditions, and limitations for granting injunctions

  2. Civil Procedure Code (CPC), 1908:

    • Order XXXIX Rules 1 & 2 govern temporary injunctions during the pendency of a civil suit.
    • Rule 2A deals with consequences of disobedience of an injunction.

Judicial Interpretation:

Indian courts have consistently held that an injunction is a discretionary remedy granted only when:

  • There is a prima facie case
  • The balance of convenience lies with the applicant
  • There is a likelihood of irreparable harm or injury

Delhi High Court in M/S. Skyline Education Institute (India) Pvt. Ltd. v. S.L. Vaswani (2003) reiterated the principle that injunctions are not to be granted mechanically and must be based on sound judicial reasoning.

Thus, Delhi civil courts and the Delhi High Court rely heavily on this framework while issuing or denying injunctive reliefs.

Types of Injunctions in Indian Civil Law

Understanding the types of injunctions is crucial for litigants and legal professionals navigating civil litigation in Delhi or across India. Each type of injunction serves a unique purpose under the Specific Relief Act, 1963 and the Civil Procedure Code (CPC), 1908.

1. Temporary Injunctions (Section 37(1), Specific Relief Act + Order XXXIX, CPC)

A temporary injunction is granted to preserve the status quo during the pendency of a case. It is typically issued at the outset or during litigation to prevent irreparable harm before the final decision.

Example: In a property dispute in Delhi, a court may restrain a party from selling or transferring the property until the case concludes.

When Granted:

  • Prima facie case is made out
  • Balance of convenience favors the applicant
  • Likely to suffer irreparable harm

2. Permanent (Perpetual) Injunctions (Section 37(2), Specific Relief Act)

A permanent injunction is granted through a final decree of the court and remains in force indefinitely. It restrains a party from committing a breach of obligation.

Example: A Delhi builder may be permanently restrained from constructing on disputed land encroaching a public utility space.

3. Prohibitory Injunctions (Section 38, Specific Relief Act)

These injunctions prohibit a party from doing something that would harm the plaintiff’s rights. They can be either temporary or permanent.

Example: Prohibiting a business from infringing a trademark registered in Delhi.

4. Mandatory Injunctions (Section 39, Specific Relief Act)

Unlike prohibitory injunctions, a mandatory injunction compels a party to perform a specific act to restore the status quo or rectify a wrong.

Example: Directing a Delhi-based encroacher to remove unauthorized construction from a neighbour’s land.

These types are not mutually exclusive and may overlap depending on the nature of the suit. Properly categorizing the injunction type is vital for drafting effective injunction applications in Delhi civil courts.

Scope and Limitations of Injunctions under Indian Law

While injunctions in India are effective in safeguarding civil rights, they are not absolute remedies and are subject to well-defined limitations. Courts exercise judicial discretion in granting them, ensuring that equity and public interest are not compromised.

Scope of Injunctions:

  • Preserve legal rights pending adjudication.
  • Prevent irreparable harm, particularly in sensitive matters like property disputes, intellectual property, or family law cases.
  • Enforce performance of legal obligations through mandatory injunctions.

In Delhi, injunctions are often sought in:

  • Property possession disputes
  • Trademark infringement cases
  • Contractual breaches involving real estate or commercial agreements

The Delhi High Court (Original Side) Rules also guide applications for interim and permanent injunctions in suits exceeding ₹2 crores, particularly in commercial matters.

Limitations on Grant of Injunctions:

As per Sections 41 and 42 of the Specific Relief Act, 1963, injunctions shall not be granted:

  1. To restrain any person from prosecuting a judicial proceeding already filed (except to prevent multiplicity of suits).
  2. To prevent the breach of a contract which cannot be specifically enforced.
  3. If it would obstruct lawful performance of public duties.
  4. Against legislation or government functions, unless permitted under law.
  5. Where alternative remedies like damages are adequate.

In Delhi civil courts, frivolous injunction petitions are frequently dismissed with costs when filed without proper factual and legal grounds.

Procedure to Obtain Injunctions in Delhi Civil Courts

The process of obtaining an injunction in Delhi involves a structured legal route governed by the Civil Procedure Code (CPC), 1908, and procedural norms laid down by the Delhi High Court Rules. Litigants must follow due process and substantiate their claims through pleadings and evidence.

Step-by-Step Procedure:

1. Filing of Suit and Interim Application

  • The party seeking an injunction must file a civil suit along with an application under Order XXXIX Rules 1 & 2 CPC for temporary injunction.
  • A detailed affidavit supporting the urgency and necessity must be annexed.

2. Notice and Prima Facie Hearing

  • The court may issue notice to the opposite party before granting relief, except in cases of extreme urgency, where ex parte injunctions may be granted.

  • The court evaluates:

    • Prima facie case
    • Balance of convenience
    • Irreparable harm

3. Service of Summons

  • Summons is served as per Order V CPC. In Delhi, electronic modes like WhatsApp and email are increasingly accepted for urgent service.

4. Opposition and Counter-Affidavits

  • The defendant has the right to file a reply and counter-affidavits opposing the injunction.

5. Hearing and Court’s Decision

  • After hearing both parties, the court may grant or deny the injunction.
  • In Delhi, courts follow a strict schedule to avoid misuse and ensure fair hearing.

6. Enforcement and Contempt

  • If the injunction is violated, the applicant can file for civil contempt under Order XXXIX Rule 2A CPC.

Forum and Jurisdiction:

  • District Civil Courts in Delhi handle suits below ₹2 crore.
  • Delhi High Court (Original Jurisdiction) handles commercial suits above ₹2 crore under the Commercial Courts Act, 2015.

Conclusion 

Injunctions remain an indispensable tool within Indian civil law, especially in Delhi’s fast-paced litigation landscape, where protecting immediate legal interests is vital. Whether it’s restraining a party from selling disputed property or mandating the removal of unauthorized construction, injunctions provide urgent and effective judicial intervention when used appropriately.

While the Specific Relief Act, 1963 lays a firm statutory foundation, judicial discretion, local court procedures, and strategic drafting play a decisive role in the grant or denial of injunctions in Delhi civil suits. As courts remain cautious in granting such reliefs, only those who present a legally sound, factually strong, and procedurally correct case are likely to succeed.

Frequently Asked Questions (FAQs)

1. What is an injunction in Indian civil law?

An injunction is a court order directing a party either to do a specific act (mandatory injunction) or to refrain from doing something (prohibitory injunction), primarily governed by the Specific Relief Act, 1963 and CPC.

2. What are the different types of injunctions under Indian law?

The main types include:

  • Temporary Injunctions (to maintain status quo during litigation)
  • Permanent (Perpetual) Injunctions (granted by final decree)
  • Prohibitory Injunctions (restrain unlawful acts)
  • Mandatory Injunctions (compel performance of legal duty)

3. How can I get an injunction from a Delhi court?

File a civil suit along with an application under Order XXXIX Rules 1 & 2 CPC in the appropriate Delhi district court or High Court, supported by an affidavit showing urgency, legal right, and risk of irreparable harm.

4. Can injunctions be granted without hearing the other party?

Yes, ex parte temporary injunctions may be granted in urgent cases, but they are subject to review once the opposing party appears.

5. What are the limitations of getting an injunction?

Injunctions cannot be granted if:

  • There’s an adequate remedy in damages
  • It interferes with public duties
  • It restrains lawful court proceedings
  • The plaintiff has no enforceable legal right