Definition
Restraining suit.
Suit seeking order to stop certain act.
Statutory Definition
Specific Relief Act.
Etymology & Origin
From Latin 'injungere' (to attach or impose). An equitable remedy where the court imposes an authoritative command to do, or refrain from doing, a specific act.
Full Legal Analysis
A Suit for Injunction is a civil lawsuit where the primary relief sought is a court order demanding that a party either stop doing something (a prohibitory injunction, like stopping illegal construction) or positively do something (a mandatory injunction, like demolishing a wall built on the plaintiff's land).
These suits are highly preventive in nature. They are filed when monetary compensation would not be enough to fix the harm—for example, if a neighbor is about to cut down a 100-year-old tree on your property, you need an injunction to stop the axe, not money after the tree is dead.
A crucial component of this suit is the application for a 'Temporary Injunction' under Order XXXIX of the CPC, which seeks immediate protection (a 'stay order') while the main lawsuit takes years to conclude.
The Supreme Court laid down the golden triad for granting temporary injunctions: the plaintiff must prove (1) a prima facie case, (2) balance of convenience in their favor, and (3) irreparable injury if the injunction is denied.
Advocates litigating intellectual property (copyright infringement) or property disputes spend immense energy fighting over the initial temporary injunction, as it often dictates the practical outcome of the entire case.
This Term in Indian Statutes
Specific Relief Act, 1963, 1963
"Perpetual injunction when granted."
The substantive law governing permanent restraining orders.
