Suit for injuction
Praveen
(Querist) 05 February 2010
This query is : Resolved
Without filing suit for specific performance of contract, can Court grant relief of specific performance in a suit for injunction.
Pl I have to submit it on Monday
N RAMESH.
(Expert) 05 February 2010
No. Certainly not.
There are many barriers to grant such relief, when not asked for. A relief which is altogether different can not be granted when there is no prayer.
In fact, a suit for injunction, by an agreement holder is not maintainable. His remedy is to file suit for specific performance.
Parveen Kr. Aggarwal
(Expert) 06 February 2010
Order 7, Rule 7 of the CPC provides that every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement.
Section 41(h) of the Specific Relief Act, 1963 provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust.
Even in a suit claiming relief of Specific Performance of an agreement, the court is not obliged to grant the relief the same being a discretionary relief. Section 20(1) of the Specific Relief Act provides that the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a court of appeal.
