INJUNCTION
"Injunction"
Meaning?
Is a 'judicial process' whereby a party is required 'to do' or 'refrain from' during any 'particular act'.
Who can apply?
Both parties, i.e. the plaintiff as well as the defendant can approach the court for the purpose.
Object?
To preserve the subject matter of the suit in Status Quo for the time being and it cannot be granted to establish a new state or thing.
Divisions?
1.According to time period-
Permanent Injunction & Temporary Injunction
2.According to Nature-
Mandatory & Preventive Injunction
Related Sections?
Permanent Injunction (Section 38 to 42, Specific Relief Act, 1963)
Temporary Injunction (Order 39 CPC)
Mandatory Injunction (Section 39, Specific Relief Act, 1963)
Preventive Injunction (Section 42, Specific Relief Act, 1963)
Against whom can be issued?
Only against party to the suit or proceedings and not against a stranger or a third person.
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