CIVIL PROCEDURE CODE – ORDER 39 RULE 1 AND 2 – SPECIFIC RELIEF ACT- SEC 36
GRANT OF PERMANENT PROHIBITORY INJUNCTION:
Held, in a suit for Injunction simpliciter, there is no need to frame any issue relating to title as issue of title will not be directly and substantially in issue except where the suit property is a vacant site or vacant non-agrl., land and a cloud is raised over the plaintiff’s tittle in respect of such vacant site or land.
A suit for grant of permanent prohibitory injunction without seeking the relief of declaration of tittle is maintainable.
The mere fact that the question of title may have to be gone into in deciding whether an injunction can be given or not is no justification for holding that the suit is for declaration of tittle and for injunction.
KCCR 2014 PAGE 391
