Which of the following is true ........

Specific Relief Act (SRA) 1963 Miscellaneous Provisions

Which of the following is true?

Permanent injunction is based upon a cause of action and it is claimed as a final relief in a suit. It is in form of a decree and not an order of the court, and it is based upon the merits of the case. Permanent injunction, if granted, will be in form of a directive upon the Judgment-Debtor that, he/she/it shall refrain from asserting any right or from doing any act against the plaintiff.

Temporary injunction is in the form of an interim order during the pendency of a suit and it is claimed through an application filed by either of the parties to the suit; it is an order for a temporary period, either for, a specified period or until the decision of the suit, it may even be until the execution of the decree.

Temporary injunction can be obtained in any suit, it is not necessary that the suit should be for availing permanent injunction.

All of the above

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Explanation:

Section 37. Temporary and perpetual injunctions.—(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.