An injunction is a judicial process by which a party is required to do or to refrain from doing any particular act. It is a remedy for litigants to prevent future possible injury. It can be used for the benefit of the plaintiff as well as the defendant both. Court possesses the power to grant an injunction during the suit. The purpose is to protect the property in dispute before the adjudication.
Kinds of Injunction
Permanent Injunction :
A permanent injunction is awarded in the form of a decree only after hearing from the opposing parties to the suit and upon the trial’s conclusion ie. when the parties’ rights have been definitively established. Section 38 – 42 of the Specific Relief Act, 1963 deals with a permanent injunction.
Temporary Injunction :
Temporary injunction is granted by the court for a short term at any stage of the suit to restrain a party temporarily from doing the specified act. It can be granted only until the disposal of the suit or until further orders of the court. Order 39, CPC deals with temporary injunction.
Mandatory Injunction :
If an Injunction forbids or prohibits the commission or continuance of an act like an act of trespass etc. It is known as Prohibitory or Mandatory Injunction. The relief of mandatory injunction is a discretionary relief and can be granted in the circumstances specified under section 39 of the Specific Relief Act, 1963.
Preventive Injunction :
A preventive injunction is an adjudication that forces an individual to abstain from doing an action that is preventive, prohibitive or negative. The injunction intends to prevent a threatened injury, preserve the status quo, and reserve the continued commission of an ongoing wrong Section 42 of the Specific Relief Act, 1963 deals with preventive injunction.
Who may apply for an injunction?
Any party to the suit may seek the issuance of an injunction against the adversary. The applicant must be a party to the case. Third-party is ineligible to submit such an application. Generally, the plaintiff applies for grant of injunction against the defendant. However, the defendant is not precluded from making such an application. He may also pray to the court for grant of injunction against the plaintiff.