Suit related to injunction

Nitish Banka (Querist) 01 September 2015 This query is : Resolved
Dear Experts,
In a suit for injunction i have prayed for
"a) To pass a decree of permanent injunction against defendants to demolish and remove the illegal construction."

is demolition of a construction is a permanent injunction or mandatory injunction??
is there need to amend the relief
Thanks in advance for expert guidance.

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R.K Nanda (Expert) 01 September 2015
yes, u have to amend plaint by filing application for amendment in court as demolition of construction is covered by suit for mandatory injunction.

Nitish Banka (Querist) 01 September 2015
I have not prayed for any other relief this is the final relief i want

Anupam Lahiri (Expert) 02 September 2015
Dear Nitish,
As rightly suggested by Nanda Ji, the prayer for demolition of construction comes under mandatory injunction. So you have to amend the plaint.

One thing you have to bear in mind in this regard. Only injunctive relief may not be given by the court unless some substantive relief is nor prayed for. So you must have some substantive prayer in the plaint and in the interim you are seeking the mandatory injunction.