Property and injunctions

Suit for permanent injunction format

How a suit for permanent injunction is drafted: possession and title pleading, the Specific Relief Act provisions, valuation and court fee, and when a bare injunction suit fails.

A suit for permanent injunction seeks a decree permanently restraining the defendant from interfering with the plaintiff's lawful possession or from doing a defined wrongful act. It is governed by Sections 38 and 41 of the Specific Relief Act, 1963. The plaintiff must plead and prove lawful possession on the date of suit and a real threat of interference. Where the plaintiff's title is denied or the plaintiff is out of possession, a bare injunction suit will not lie and the plaint must also seek declaration or recovery of possession.

Governed by
  • Sections 38 and 41, Specific Relief Act, 1963
  • Order VII, Code of Civil Procedure, 1908
  • State court fees and suits valuation legislation
Where it is filed
The civil court within whose jurisdiction the property is situated.
Who files it
The person in lawful possession, or the holder of the right sought to be protected.
Time limit
Three years from the date the obstruction or threat arose, under the Limitation Act, 1963.
Court fee and stamp
Ordinarily a fixed or notionally valued fee for a bare injunction, and ad valorem where declaration or possession is also sought. State legislation governs.

What a suit for permanent injunction must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title and property schedule

    The court, the parties, and a schedule describing the property with survey number, extent, boundaries and door number.

  2. 2.Title or right

    How the plaintiff came to hold the property or right: sale deed, partition, settlement, inheritance, lease or licence.

  3. 3.Possession

    Specific facts establishing lawful possession on the date of suit, with patta, tax receipts, electricity service connection and similar records.

  4. 4.Threat of interference

    The dated acts of the defendant threatening the plaintiff's possession, and any complaint made.

  5. 5.Cause of action and jurisdiction

    When the cause of action arose, and the facts establishing territorial jurisdiction over the property.

  6. 6.Valuation and court fee

    The valuation adopted and the provision under which the fee is computed.

  7. 7.Relief

    A decree of permanent injunction describing precisely the act restrained, with costs, and any consequential relief.

Mistakes that get this document returned

  • Filing a bare injunction suit when the plaintiff is out of possession, where recovery of possession is the correct relief.
  • A vague property schedule without boundaries, making any decree unexecutable.
  • Pleading title while producing nothing to establish possession, when possession is the foundation of the relief.
  • Not seeking a temporary injunction alongside, allowing the interference to be completed during the suit.

Frequently asked questions

Can a permanent injunction be granted without proving title?

Yes, where the suit is founded on possession. Settled possession is protected against everyone except the true owner acting through due process. But if title is seriously in issue, the court may require the plaintiff to seek a declaration.

What is the difference between temporary and permanent injunction?

A temporary injunction under Order XXXIX CPC operates during the suit. A permanent injunction is granted by the decree at the end of the trial under Section 38 of the Specific Relief Act, 1963.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.