A _________ 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 could be contrary to the rights of the plaintiff.

All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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34.

A _________ 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 could be contrary to the rights of the plaintiff.

A: Temporary

B: Perpetual

C: Both Temporary and Perpetual

D: None of these

The answer is: B

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Explanation

The correct option is B: Perpetual.

A perpetual injunction is one that is 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. This is the definition given by Section 37(2) of the Specific Relief Act, 1963. A temporary injunction, on the other hand, is one that is granted at any stage of the suit and lasts until a specified time or further order of the court. A temporary injunction is regulated by the Code of Civil Procedure, 1908, while a perpetual injunction is governed by the Specific Relief Act, 1963.