Temporary and perpetual injunctions
Section 37 of the Specific Relief Act, 1963 deals with temporary and perpetual injunctions. Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908). The Act came into force on 01 Mar 1964.
(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 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.
Section 37, The Specific Relief Act, 1963 (Act 47 of 1963).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Haryana Containers Limited vs Ks Infraspace LLP
Court's Decision & Legal Precedent
In a suit for specific performance of a contract for sale of immovable property, the grant of temporary injunction is a discretionary equitable remedy requiring the plaintiff to establish: (1) a strong prima facie case on basis of undisputed facts; (2) irreparable injury that cannot be adequately compensated by damages; (3) balance of convenience in favor of granting injunction; and (4) conduct of the plaintiff free from blame. Where negotiations are prolonged and reflected in multiple communications with varying drafts, the use of the term 'final draft' is not determinative of a concluded contract. The plaintiff's awareness of simultaneous negotiations with third parties, coupled with delay of seven months in filing the suit after knowledge of the transaction with the third party and refund of advance, constitutes conduct warranting denial of the equitable relief of injunction. When a third party has made substantial investments and materially altered its position in reliance on the transaction, and the balance of convenience favors the defendants, temporary injunction should not be granted even if a prima facie case of concluded contract is arguable. The discretion to grant specific performance must be exercised judiciously, considering the entire conduct of the parties, and absence of mutuality or disqualifying circumstances warrants refusal of relief.
On this section: Provides that temporary injunction in a suit shall be regulated by the Code of Civil Procedure
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It would be pertinent to reproduce the following paragraphs from the decision of the Division Bench in Bhagwanrao s/o Jijaba Auti Vs. Ganpatrao Mugaji Raut and another, 1987 (3) Bom. C.R. 258 : " 24. [Section 37](https://indiankanoon.org/doc/1314688/) of the Specific Relief Act, 1963, provides that 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, while …
Questions about Section 37
What have the courts held on Section 37 of the Specific Relief Act?
Haryana Containers Limited vs Ks Infraspace LLP (06 Jan 2020) is the leading judgment on this section among those set out below: Provides that temporary injunction in a suit shall be regulated by the Code of Civil Procedure.
How do I find court cases under Section 37 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 37, section 37 Specific Relief Act, section 37 of the Specific Relief Act. People searching for it also type specific relief act 37 38 and specific relief act 37 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Haryana Containers Limited vs Ks Infraspace LLP (06 Jan 2020).
When did Section 37 of the Specific Relief Act come into force?
Section 37 of the Specific Relief Act, cited as Specific Relief Act 37, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.