11 Major Differences between Temporary Injunction and Perpetual Injunction

11 Major Differences between Temporary Injunction and Perpetual Injunction are listed below:

Temporary Injunction (Interim Injunction):

1. A temporary injunction is to continue until a specified time, or until the further order of the Court. It is granted at any period of suit.

2. Temporary injunction is regulated by Rules 1 to 5 of Order 39 of C.P.C.

3. It is provisional in its nature. It cannot conclude the right.

4. It can be granted at any stage of the suit.

5. It may be granted to the plaintiff on his making out a prima facie case in his support.

6. A temporary injunction can be granted at the discretion of the Court, and upon certain circumstances of the case.

7. A temporary injunction is a mere order.

8. The Court, who issues it, can withdraw it, at any stage, until a final order or decree is ordered.

9. A temporary injunction is temporary nature as its name itself implies.

10. Generally a temporary injunction is granted after hearing from the plaintiff side only. Defendant is not heard. Sometimes the defendant is also heard.

11. Acquiescence, delay or laches on the part of the plaintiff cannot entitle him to obtain the temporary injunction.

Permanent Injunction (Perpetual Injunction):

1. A permanent injunction can only be granted by a decree made at the hearing and upon the merits of .the suit.

2. Permanent injunction is regulated by the Specific Relief Act, 1963 in Sections 38 to 42.

3. Permanent injunction finally determines the rights of the parties and forms part of the decree made at the hearing.

4. It can only be granted at final stage/hearing of the suit.

5. A perpetual injunction is granted upon the merits of the suit.

6. A permanent injunction can only be granted upon the merits of the case and at final hearing of the suit.

7. A perpetual injunction is a decree.

8. The court which issues a permanent injunction cannot withdraw it, after its declaration.

9. A perpetual injunction is permanent in nature, final decree as its name itself impiies. (Perpetual = Permanent).

10. In granting a perpetual injunction the Court must hear both the parties of the suit.

11. The plaintiff may give sufficient reasons for delay, laches, and acquiescence on certain circumstances, if it satisfies