A suit for injunction (order) is a typical and compelling cure against any naughtiness played by an outsider/third-party. All the civil courts are enabled to give orders. A directive might be given for and against people, open bodies or even State.
Defiance of directive is culpable as disdain of court.In India, a portion of these focuses have been consolidated into rules of purview by being sanctioned as areas of the Specific Relief Act. As it were thoughtful suit is a powerful legal cure by any individual against the other looking for a Leif of restriction under the realities when the individual moving toward the court is oppressed by any devilishness of the other individual.
They may be stated as below:
An injunction will not be issued
(i) where damages are the appropriate remedy,
(ii) where an injunction is not the appropriate relief,
(iii) where the plaintiff is not entitled to an injunction on account of his conduct,
(iv) where the contract cannot be specifically enforced,
(v) where the injunction would operate inequitably.
The cases in which an injunction is to be granted in preference to damages where a property is concerned to have been summarised in Section 38, Specific Relief Act.
(i) Kind of injunction: Injunctions are either temporary (interlocutory) or perpetual. They are defined in Section 37, Specific Relief Act, which reads as under:
(1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act which would be contrary to the rights of the plaintiff.
A suit for an injunction before a civil court in India is a prolonged but effective legal remedy and legal process during which the opposite party is asked to file his written statement.
STAGE-I. The plaint filed by the plaintiff that is the person approaching the civil court is considered as the basic document.
STAGE-II. The opposite party is directed to file a written statement to the said planned.
STAGE-III. After filing of the written statement, the plaintiff is directed to file his rejoinder.
STAGE-IV. The court after that identifies the issues in dispute and frames issues for the trial of the suit.
STAGE-V. The parties are directed to file their evidence before the court. The plaintiff is at first directed to lead his evidence before the court which may be oral or documentary by producing witnesses in its support as well as summoned records from various sources in support of its case.
STAGE-VI. The opposite party i.e. the Defendant is directed to lead its evidence both oral as well as documentary.
STAGE-VII. The court hears the arguments and decides the matter finally.
STAGE-VIII. Decree if passed by the court finally determining the rights of the parties. The court may also reject the suit.
The entire process of trial of a suit is strictly governed by the provisions of the code of civil procedure code, the Indian evidence act and various other related acts based upon the facts of the case.
If any specific act is being relied upon, the provisions of the said act are also taken into consideration by the Civil Court while adjudicating the suit. Once the evidence of the plaintiff is completed, the defendant that is the opposite party directed to lead his evidence during which he can lead his evidence by producing witnesses as well as by summoning documents from various sources.
All the witnesses produced before the courts are subject to cross-examination that is the counsel for the opposite party has a right to ask various questions based on their depositions before the court that are called the cross-examination. During the cross-examination, various related documents are also exhibited and produced before the court.
This all is very complex which a common man cannot comprehend. He can only assist his lawyer in leading the case. Once the evidence of the parties is concluded before the court, the court hears the arguments of both the parties and adjudicates the entire suit based on the evidence; the issue is framed, the law applicable to the facts of the case.
The court after that passes the judgment in the suit followed by a decree. A decree is the final adjudication of the dispute between the parties under the seal of the court.
Once the civil suit has been decided, the parties have the remedy to file an appeal against the said civil suits before the higher courts. The parties can even approach the upper courts during the trial of the suit if they are agreed to any interlocutory order passed by the trial court. This is the main reason for the delay of the civil suit in Indian legal system.
The role of a lawyer in drafting, framing, presenting and conducting the civil suit is very crucial as he determines the entire nature of the civil suit to be filed and conducted. In Indian legal system, there are several acts which are attracted in the adjudication of civil suits hence the duty of the lawyer becomes very crucial and important to apprise the court about the said provisions of law and to point out the same for his client.
