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Injunction
By Sadiq Ali Laghari~ LL.B III

The object of an injunction is ro restrain the undue exercise of rights, to prevent, threatened wrongs to restore violated possessions and to secure the permanent enjoyment of the rights of the property. The specific relief afforded by means of injunction is called prevent relief. It is a remedial order, but it is preventive rather than curative. Its general purpose is to restrain the commission of some wrongful acts of the

party enjoyed.

Temporary injunction: Temporary injunctions are such as, are to continue until a specified time or until the further order of the court. It can be granted at any period of a suit and are regulated by the code of Civil Procedure. Order 39 Rule 1 of the code deals with the property and covers the following situations where the,
1. Property in dispute is in danger of being wasted, damaged or alienated or,
2. The defendant threatens or intends to remove or dispose of his property with a view to defraud his creditors.
In such cases the court grants temporary injunction to restrain such acts, while Rule 2 of Order 39 is general in nature and wider in scope. It providing for restraining the defendant from committing the breach of contract or other injury of any kind.

Perpetual injunction: Perpetual injunction or permanent injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is there by perpetually enjoined from the assertion of a right or from the commission of an act which would be contrary to the rights of the plaintiff.
Under section 56 clause(d) of Specific Relief Act, no injunction can be issued against the Government restraining them from calling upon the constituency to fill up the seat. This however, refers to perpetual injunction. As regards temporary injunction the consensus of authorities which are directly on the point appears to be on the side, that when perpetual injunction can not be granted, courts should not order the issue of temporary injunction. This section of Specific Relief Act bars the issue of a perpetual injunction; therefore no temporary injunction can also be issued.

Mandatory injunction: This relief is applicable to the breach of any obligation, whether arising out of contract or tort. It may be perpetual or temporary. Though, in very rare cases the temporary injunction of this nature is issued. An injunction is in its nature prohibitory but a mandatory injunction is restitutory and prohibitory.


Refusal injunctions injunction: Injunctions will be refused on the following grounds,
1. When it would operate oppressively or inequitably or contrary to the real justice of the case.
2. Where it is not fit and appropriate mode of redress.
3. Where it would work or might work and immediate mischief or fatal injunction.
4. Where unreasonable or inconvenient consequences might ensue.
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