Law:

Section:

(a) Injunction Perpetual, temporary or interlocutory Relief by speck performance or by injunction Distinction Civil Proce¬dure Code (V of 1908), O. XXXIX, rr. 1 & 2 Speck Relief Act (1 of 1877) Ss. 54 & 55. The law relating to injunctions is contained in the Civil Procedure Code, 1908 and the Specific Relief Act, 1877. The law as to perpetual injunctions is regulated by the Specific Relief Act, 1877, and as to temporary or interlocutory injunctions it is regulated by the Civil Procedure Code, 1908. The Sharnnugger Jute Factory Co., Ltd., and another v. Rain Narain Chatterjee and others I L R 14 Cal. 189 ref. Although the Specific Relief Act deals with perpetual injunc¬tions leaving temporary injunctions to be regulated by the Civil Procedure Code, 1908, the same principles in the Specific Relief Act, 1877 must equally apply to the granting of temporary injunctions and these are to be sought in the Specific Relief Act, 1877. Nusserwanji Merwanji Panday and others v. Gordon and others I L R 6 Bom. 266 (279) ref. Granting of temporary injunctions is a matter of judicial discretion, and if a Court which grants injunction rightly appreciates the facts and applies the true principles, there is a sound judicial discretion. Issue of temporary or perpetual injunction is a form of specific relief. When a specific relief is granted by preventing a party from doing that which he is under an obligation (which includes every duty enforceable by law, vide section 3 of the Specific Relief Act) not to do, it is called preventive relief. This relief is to continue until the specified time named in the order. It is merely provisional in its nature and does not conclude a right. Its sole object is to preserve the subject in controversy without determining any question of right and to prevent further perpetra¬tion of wrong or the doing of any act whereby the right in controversy may be materially injured or endangered. In order to sustain an action for the preservation of a property or a right in issue in status quo, it is not necessary to decide in favour of the plaintiff upon the merits nor is it necessary that he should preset such a case as will certainly entitle him to…

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