...of the Specific Relief Act relates to circumstances when injunction cannot be granted. Clause ‘h’ of Section 41 reads thus:—“(h) When enqually effica...obtained by any other usual mode of proceeding except in case of breach of trust;”5. An injunction cannot be granted, if equally efficacious relief can certainly be obtained, by any...other usual mode of proceeding. An injunction will not be granted where an adequare relief by way of damages is available. The vendees having a contract for sale in their favour have the equally...

...view of the alleged claim of the plaintiff that the transaction between the parties is of enforcement of the agreement, as such section 41(h) of The Specific Relief Act, which reads that Section 41 -...refusal of injunctions, cannot be treated as a statutory bar within the meaning of Order VII Rule 11(d) CPC. The bar under Section 41(h) is a discretionary consideration for the grant...injunction is hit by the provisions of section 41(h) of the Act and therefore, sought for rejection of the plaint. 5. Learned Judge has heard the plaintiff's counsel and...

...pending the suit. Section 41(h) provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other us...injunction pending the suit, but when he has not filed suit for specific performance of the contract, in view of Section 41(h) of the Specific Relief Act, the injunction ...granted and therefore in such a suit temporary injunction also cannot be granted. In support of his contention learned counsel placed reliance upon...

...other provision under Chapter VIII of the Specific Relief Act. Section 41 under Chapter VIII of the Specific Relief Act provides certain circumstances under which an injunction cannot be granted. Clause (...1988 AIR 576, has laid down the position of law on this Section 41(h) as under: "29. The provisions of Section 38 have .... 6. The trial Court, by its Judgment and Decree dated 05.07.2017, dismissed the suit that the suit is barred under Section 41(h) of the Specific Relief Act. Challenging the same, the...

...provision of this Section for the purpose of the present case is S.41 (h) which reads as under;“S. 41. Injunction when refused.—An injunction cannot be ...of injunction is seeking possession from respondent No. 1 and thus the same relief cannot be granted to the appellant and proper remedy for appellant is to file a suit for possession against...comprehensive declaratory suit, depending upon the facts of the case.”21. Section 41 of Specific Relief Act, 1963, lays down the condition when an injunction can be refused. The relevant...

...when the court shall refuse relief of permanent injunction. Section 41(h) provides that an injunction cannot be granted when equally efficacious relief can certainly ...exception to this rule the relief of injunction against co-owners can be granted only when there has been already existing mutual partition between them. There is no such case of mutual partition between...approved by the first appellate court, appears correct, because as co-owners the plaintiffs cannot claim exclusive right over any particular portion of undivided property. Granting injunction in such matter...

...the circumstances in which an injunction would be refused and reads as under:-- "41 : "Injunction when refused"-- An injunction cannot be granted- ...read along with Section 41. Section 41 provides that an injunction cannot be granted in the cases falling under Clauses (a) to (j). Clause (h) thereunder provides that an .... He cannot, therefore, move the Court for an injunction restraining the Karta from alienating the coparcenery property" . 16. It may be mentioned that the above...

...facie, the Court will have to consider, whether the suit itself is maintainable. Under Section 41 (h) of the Specific Relief Act, an injunction cannot be granted “...:“10. It also seems that the attention of the learned Judge was not directed towards Section 41 (h) of the Specific Relief Act, 1965, which lays down that an injunction, which is a...have held thus:“12. Section 41 (h) of the Specific Relief Act lays down that an injunction cannot be granted when equally efficacious relief can certainly be obta...

...Specific Relief Act. However, section 38 itself is subject to other provisions of the Chapter being Chapter VIII and subject to section 41(h) which specifically stipulates that when equally ef...as supplementing each other. When section 38 defines the circumstances under which perpetual injunction must not be granted. The relevant provision of section 41 reads as follows:—“Section ...fixed by the defendant Hearing Officer dated 27.2.1989 be issued.c) Mandatory injunction directing the defendant to consider the objection filed by the plaintiff with respect to the...

...subject-matter of the sale is concerned. The decree for injunction was also passed in violation of the provisions of Section 41(h) of the Specific Relief Act which provides that an ...of the decree of injunction. So, the order made against petitioners Nos. 2 and 6 for the attachment of the salary, the land sold and other property and the setting aside of the sale has to be quashed...decree-holder had sought the injunction restraining petitioner No. 1 from alienating the property because of the agreement of sale in his favour. The agreement of sale could be enforced by way of a...

...interfering with their right to use the well. Such an injunction cannot be granted in law. 8. Grant of injunction is governed by the provisions of Sec. 38 to 41...right to irrigate can be protected by issuance of an injunction. It is not a case of the plaintiffs here that they, under some such partition deed or some kind of arrangement, have right to draw a...dated 25.1.78 passed by Civil Judge, Class II, Khargone in Civil Suit No. 76A/74 was set-aside and the suit for permanent injunction filed by the appellants was dismissed with costs. 2...

...suit for specific performance of the contract and in such suit he could also claim permanent injunction as well as temporary injunction pending the suit. Section 41(h) provides that an injunction ...relief of injunction and also temporary injunction pending the suit, but when he has not filed suit for specific performance of the contract, in view of Section 41(h) of the Specific Relief Act, the...injunction cannot be granted and therefore in such a suit temporary injunction also cannot be granted. In support of his contention learned 3...

...." 5.1 As per Section 41(h) of Specific Relief Act if equally efficacious remedy is available to the plaintiff, then plaintiff cannot seek relief of injunction by filing civil su...that the suit of injunction without seeking the relief of injunction would be barred under Section 41(h) of the Specific Relief Act. In case M/s Deepika Constructions (supra...remedy available to the plaintiff is to sue for specific performance and to sue for damages. Suit for injunction was held to be barred under Section 41(h) of the Specific Relief Act. Both these...

....”Section 41(h) of the Act: -“41. Injunction when refused. -- An injunction cannot be granted ---...Jaipuria, AIR 1976 SC 2621 is of help in which it was held that “permanent injunction cannot be granted when an alternative efficaci...the Act lays down that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode or proceedings. The principle underlying in ...

...relief;(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.41. Injunction when refused. — — An injunction cannot be ...perpetual injunction may be granted to the plaintiff to prevent breach of an obligation existing in his favour, whether expressly or by implication.(2) When any such obligation arises from...decree of perpetual injunction cannot be granted on the alleged cause of action as pleaded by the plaintiff in the plaint and in the absence of any material as contemplated under Section 31 of the Act...

...judgements passed by both the Courts below invoking Section 41(h) of the Specific Relief Act, 1963?9. Section 41(h) of the Specific Relief Act, 1963 is extracted here under for ready reference:...) ………(f) ………(g) ……..(h) When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust....”10. A mere perusal of the judgments and decrees of both the Courts below would reveal that they after discussing the facts felt that as per Section 41(h) of the Specific...

...) Discussion of substantial question of law number 1:-Section 41 of Specific Relief Act, 1963, provides when an injunction can be refused, clause (h) of section 41 of the act provi...injunction cannot be granted, when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust. It is settled by principle of law t...the land purchased by them, relief of injunction cannot be granted. Certified copy of Khewat paper no. 26A alongwith other owners show name Heavy Electricals Ltd. as one of the Khatedars/co-owners...

...relief of mandatory injunction. On the other hand Section 41(h) of the Specific Relief Act provides that an injunction cannot be granted when equally e...can be calculated in terms of money, by filing a suit for mandatory injunction. As already observed, mandatory injunctions are granted by the Court in order to prevent the breach of an obligation. In...not questions of law but has proposed a question of law regarding maintainability of the suit on the ground that Section 41(h) of the Specific Relief Act specifically bars...

...question involved in this case, therefore, is whether there exists a subsisting agreement to sell capable to be specifically enforced.12. Section 41(h) of the Specific Relief Act lays down that an ...performance of contract and necessary relief can be obtained through such suit. In this view of the matter, in this suit for perpetual injunction only, no relief of injunction can be granted, much...convincing evidence it cannot be accepted that it has been constructed by the appellant. The report of the Vakil — Commissioner was ex parte report and is of no value on the question of possession because it...

...- respondent before the trial Court clearly indicate that the suit is filed on the strength of the agreements of sale, which is contrary to Section 41(h) of the Specific Relief Act, 1963, which reads as follows: ...;" - 8 - In terms of the above provision of law, the relief sought by the plaintiff - respondent cannot be granted when th...Section 41(h) of the Specific Relief Act, 1963, as the plaintiff is required to file a suit for specific performance of contract and filing a suit for bare injunction and restraining from not to...