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Important Legal Definitions

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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.