Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Permanent vs. Temporary Injunction
Judicial Orders, Injunctions & Precedents
Definition
Temporary Injunction: Governed by Order XXXIX Rules 1 & 2 CPC, granted at any stage of a suit to preserve property until the suit is decided.
Permanent Injunction: Governed by Sections 38 to 42 of the Specific Relief Act, 1963, granted only by the final decree upon the merits of the suit, perpetually enjoining the defendant.
Example
A temporary injunction restrains a neighbor from constructing a drain during the two-year trial; the permanent injunction in the final decree bars the neighbor from ever digging drains across the plaintiff's land.