What is a civil suit for injunction explained in Indian context by a legal expert.
A suit for injunction is a very common and effective remedy against any mischief played by a third-party. All the civil courts are empowered to issue injunctions. An injunction may be issued for and against individuals, public bodies or even State. Disobedience of injunction is punishable as contempt of court.In India, some of these points have been incorporated into rules of jurisdiction by being enacted as sections of the Specific Relief Act. In other words civil suit is an effective legal remedy by any person against the other seeking a Leif of restraint under the facts when the person approaching the court is aggrieved by any mischief of the other person.
They may be stated as below:
An injunction will not be issued
(i) where damages are the appropriate remedy,
(ii) where an injunction is not the appropriate relief,
(iii) where the plaintiff is not entitled to an injunction on account of his conduct,
(iv) where the contract cannot be specifically enforced,
(v) where the injunction would operate inequitably.
The cases in which an injunction is to be granted in preference to damages where a property is concerned to have been summarized in Section 38, Specific Relief Act.
(i) Kind of injunction: Injunctions are either temporary (interlocutory) or perpetual. They are defined in Section 37, Specific Relief Act, which reads as under:
(1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby 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.
(i) Temporary injunctions: The procedure of granting the temporary injunction is governed by the rules laid down in Order XXXIX, Rules 1 and 2, Civil Procedure Code (Act V of 1908) which reads as under:
1. Cases in which temporary injunction may by granted: Where in any suit it is proved by affidavit or otherwise
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defraud his creditors.
The court may order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging alienation, sale, removal or disposition of the property as the court thinks fit until the disposal of the suit or until further orders.
2. Injunction to restrain repetition or continuance of breach:- (1) In any suit for restraining the defendant from committing a breach of contract or other injuries of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.
(2) The court may by order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit.
(3) In case of disobedience, or of breach of any such terms, the court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the court directs his release.
(4) No attachment under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds the court may award such compensation as it thinks fit, and shall pay the balance, if any, to the party entitled thereto.
It should be noted that grant of an injunction is discretionary with the court. Section 36 of the Specific Relief Act, 1963 expressly lays down that Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Therefore the court will grant a temporary injunction if the following conditions are satisfied:
(i) The plaintiff must establish a prima facie case. He is not required to make out a clear title, but he must establish that there is a substantial question to be investigated and that matters should be preserved in status quo until the injunction is finally disposed of.
(ii) An irreparable injury would result if the injunction were refused and that there is no other remedy open to the applicant by which he could protect himself from the consequences of the apprehended injury.
(iii) The conduct of the plaintiff has not been blameworthy.
(iv) The balance of convenience requires that the injunction should be granted.
STAGES OF SUIT FOR INJUNCTION:
A suit for an injunction before a civil court in India is a prolonged but effective legal remedy and legal process during which the opposite party is asked to file his written statement.
STAGE-I. The plaint filed by the plaintiff that is the person approaching the civil court is considered as the basic document.
STAGE-II. The opposite party is directed to file a written statement to the said planned.
STAGE-III. After filing of the written statement, the plaintiff is directed to file his rejoinder.
STAGE-IV. The court after that identifies the issues in dispute and frames issues for the trial of the suit.
STAGE-V. The parties are directed to file their evidence before the court. The plaintiff is at first directed to lead his evidence before the court which may be oral or documentary by producing witnesses in its support as well as summoned records from various sources in support of its case.
STAGE-VI. The opposite party i.e. the Defendant is directed to lead its evidence both oral as well as documentary.
STAGE-VII. The court hears the arguments and decides the matter finally.
STAGE-VIII. Decree if passed by the court finally determining the rights of the parties. The court may also reject the suit.
The entire process of trial of a suit is strictly governed by the provisions of the code of civil procedure code, the Indian evidence act and various other related acts based upon the facts of the case.
LAWS REGULATING CIVIL SUIT IN INDIA:
If any specific act is being relied upon, the provisions of the said act are also taken into consideration by the Civil Court while adjudicating the suit. Once the evidence of the plaintiff is completed, the defendant that is the opposite party directed to lead his evidence during which he can lead his evidence by producing witnesses as well as by summoning documents from various sources.
All the witnesses produced before the courts are subject to cross-examination that is the counsel for the opposite party has a right to ask various questions based on their depositions before the court that are called the cross-examination. During the cross-examination, various related documents are also exhibited and produced before the court.
This all is very complex which a common man cannot comprehend. He can only assist his lawyer in leading the case. Once the evidence of the parties is concluded before the court, the court hears the arguments of both the parties and adjudicates the entire suit based on the evidence; the issue is framed, the law applicable to the facts of the case.
The court after that passes the judgment in the suit followed by a decree. A decree is the final adjudication of the dispute between the parties under the seal of the court.
Once the civil suit has been decided, the parties have the remedy to file an appeal against the said civil suits before the higher courts. The parties can even approach the upper courts during the trial of the suit if they are agreed to any interlocutory order passed by the trial court. This is the main reason for the delay of the civil suit in Indian legal system.
The role of a lawyer in drafting, framing, presenting and conducting the civil suit is very crucial as he determines the entire nature of the civil suit to be filed and conducted. In Indian legal system, there are several acts which are attracted in the adjudication of civil suits hence the duty of the lawyer becomes very crucial and important to apprise the court about the said provisions of law and to point out the same for his client.
IMPORTANT:
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