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WHEN TO FILE A SUIT FOR INJUNCTION

 Hello friends, today we will discuss about the term "injunction". The meaning of this term in common language is to prevent someone from doing a particular act or in some cases to allow someone by giving permission for a particular act.

There is a very basic rule which helps in determining whether we shall file a case of injunction or not.

To understand this lets take a simple example.

Suppose person A wants to restrict person B from selling a piece of land. Now if A comes to the court and files a suit against B, the first thing which court has to see is whether A is in possession of the land. If he is in possession, he can file a case of injunction against B, otherwise if it is found that A is not in possession then A cannot seek for injunction alone, he has to also ask for possession, then only his case will be admitted.

This leads us to the basic rule which is set by the supreme court that simpliciter suit for injuction is not maintainable. It means that if you are asking for injucntion alone without having any right in property or possession, then your case will be dismissed in the beginning itself.


I hope i have made myself clear about topic discussed above.For any queries, please write in the comment section.

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