Civil

Plaint for Permanent Injunction under Section 38 Specific Relief Act

A plaint for permanent injunction is the principal pleading that initiates a civil suit seeking a perpetual restraint order against the defendant. Its objective is to prevent the breach of an obligation or the invasion of a legal right when damages would not be an adequate remedy.

This plaint is filed before the Civil Judge (Senior or Junior Division) under Section 38 of the Specific Relief Act, 1963. It must strictly comply with the pleading requirements of Order VII Rule 1 of the Code of Civil Procedure, 1908, and is typically accompanied by a separate application for a temporary injunction under Order XXXIX Rules 1 and 2.

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Governing law
CPC 1908 (Order VII) + Specific Relief Act 1963 ss.38, 41
Sections
s. SRA 38s. SRA 41s. CPC Order VII Rule 1
Filed before
Civil Judge (Senior / Junior Division)

When this is the right filing

  • When the plaintiff seeks a perpetual restraint to prevent a threatened or continuing invasion of a clear legal right.
  • When the plaintiff is in settled possession of property and the defendant is attempting to interfere or dispossess without due process of law.
  • When the plaintiff holds title to property and the defendant's actions constitute a cloud on that title or a nuisance.
  • When monetary compensation is not an adequate remedy for the harm caused by the defendant's actions.
  • Do not use this plaint if the primary relief sought is recovery of possession, specific performance of a contract, or a declaration of title; those require distinct pleadings and reliefs.

What the court looks for

  • A clear averment of the plaintiff's possession or title over the suit property, establishing the legal right that is being infringed.
  • Specific facts detailing the defendant's threat, interference, or breach of obligation, and the date on which the cause of action arose.
  • A jurisdictional statement confirming that the suit property is situated within the court's territorial limits and that the suit is valued correctly for court fees.
  • A prayer clause that precisely defines the nature and scope of the perpetual injunction being sought against the defendant.
  • A valid verification and supporting affidavit that confirms the facts pleaded are true to the deponent's knowledge and belief.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Grounds for relief
  3. 3Prayer
  4. 4Schedule of property
  5. 5Verification
  6. 6Affidavit in support of the plaint
  7. 7Index / list of documents
How it opens
1. That the Plaintiff is the [plaintiff status] of the immovable property more particularly described in the SCHEDULE appended to this plaint (hereinafter "the suit property"), having acquired the same by virtue of [title basis] / inheritance / partition / allotment. A true copy of the [title document] is filed herewith as Document No. 1.

Bracketed items are filled from your case.

Frequently asked questions

Is a separate application for a temporary injunction mandatory with this plaint?

It is not mandatory but is standard practice when urgent protection is needed during the suit's pendency. The temporary injunction application under Order XXXIX Rules 1 and 2 is a separate document supported by its own affidavit, arguing a prima facie case, balance of convenience, and irreparable injury.

How is the court fee calculated for a suit seeking only a permanent injunction?

Under Section 7(iv)(d) of the Court-Fees Act, the plaintiff may value the relief for injunction at their discretion. However, many State amendments and local Suits Valuation Acts prescribe different methods, sometimes computing the fee on a fraction of the property's market value, so the forum State's enactment must be verified.

What is the difference between pleading possession and title in an injunction suit?

A suit based on possession requires the plaintiff to prove settled, lawful possession and that the defendant's interference is wrongful. A suit based on title requires proof of ownership. While a title-based suit offers a more permanent shield, a person in settled possession can maintain an injunction even against the true owner if dispossession is not by due process of law.

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