Law: Specific Relief Act, 1877

Section: 54,56(b),56

Law: Specific Relief Act, 1877

Section: 54,56(b),56

(a) Injunction--When may be issued, explained -S. 54 Specific Relief Act. Ordinarily acts which are restrained by injunction are those which appear to the Court issuing the injunction to be prima facie illegal or with respect to the legality of which there is a reasonable doubt. So far as permanent injunctions are concerned, it will appear from section 54 of the Specific Relief Act that they are issued only to prevent the breach of an obligation existing in favour of the plaintiff. If an act be perfectly legal, it cannot be said that there exists an obligation in favour of the plaintiff that it shall not be done. It would be quite proper to stay proceedings relating to succession certificates, probate and letters of administration till the decision of any suit already pending wherein questions relating to inheritance, will etc. are the subject of contest. Proceedings before a Rent Controller on behalf of persons who claim as heirs of a landlord may similarly be stayed pend­ing the decision of suits between rival claimants to the inheritance. (b) Execution-Proceedings in execution-Are judicial pro­ceedings-Such proceedings may be stayed. Execution proceedings are judicial proceedings. Order XXXIX, rule 1 shows that the proceedings ill execution may be stayed. (c) Injunction-Judicial proceedings maybe stayed -Pro­ceedings pending before Court not subordinate to Court dealing with matter of injunction may be stayed. Order XXXIX, rule 1 is sufficient for itself to show that there is no insuperable objection to staying judicial proceedings. Section 56 (b) of the Specific Relief Act also recognizes the power to stay judicial proceedings by injunction though it restricts the power so far as permanent injunctions are concerned to Courts subordinate to the Court issuing the injunction. An injunction can be issued to restrain judicial proceed­ings. It should be obvious, however, that it will be issued only where the proceedings in which it is issued can, directly or indirectly, affect the proceedings that are stayed. In order to find out whether the power of Court to stay a judicial proceeding is affected by the fact that the Court in which the proceeding is pending is…

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