Sections 36-37 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 36 says preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Section 37 explains the two kinds: a temporary injunction continues until a specific time or until further order, can be granted at any stage of a suit and is regulated by the Code of Civil Procedure, 1908; a perpetual injunction can be granted only by the decree made at the hearing and upon the merits.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
Section 36: preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Section 37(1): temporary injunctions last until a specific time or until further order, may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908. Section 37(2): a perpetual injunction can be granted only by the decree made at the hearing and upon the merits; the defendant is thereby perpetually enjoined from asserting a right or committing an act contrary to the plaintiff's rights.
Where these sections sit
Part III of the Act is headed "Preventive relief", and Chapter VII, "Injunctions generally", contains sections 36 and 37. Chapter VIII then deals with perpetual injunctions in sections 38 to 42. This article covers the two opening sections. Where an injunction cannot be granted, the Act's own list is in section 41, and the bar on injunctions in infrastructure project contracts is in section 20A.
If someone is about to do something that will harm your rights and you need to know whether an injunction is open to you, you can talk to our dispute resolution team before the position changes.
Section 36: preventive relief
"Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual."
An injunction is an order that restrains a person from doing something (and, as section 39 provides, in some cases compels an act). Section 36 makes three points. The relief is "preventive": its aim is to stop a harm before it happens or continues. It is granted "at the discretion of the court": it is not available as of right. And it takes two forms: temporary and perpetual.
Section 37(1): temporary injunctions
"Temporary injunctions are such as are to continue until a specific 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 (5 of 1908)."
Four features:
- Duration: until "a specific time", or "until the further order of the court". The order is not final.
- Stage: "at any stage of a suit". An applicant need not wait for the hearing.
- Regulation: "regulated by the Code of Civil Procedure, 1908". This Act does not set out the procedure or the tests. The section names no Order or rule of the Code. For the civil procedure in general, see our post on suits, institution, parties and cause of action under the CPC.
- Purpose: to hold the position until the suit is decided or the court orders otherwise.
An invented example: Surya Textiles files a suit claiming that a rival is about to take over a shop that Surya occupies. While the suit is pending, Surya applies for a temporary injunction restraining the rival from entering. If granted, the order lasts until a specific time or until the further order of the court.
Other laws also use temporary injunctions. For the way an interim injunction fits into trademark and copyright disputes, see our posts on civil remedies for trademark infringement and on civil remedies for copyright infringement. For interim relief from a court or tribunal in arbitration, see interim measures under section 9 of the Arbitration and Conciliation Act, 1996, which is about that Act, and our post on interim measures by a court or tribunal.
Section 37(2): perpetual injunctions
"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."
Three features:
- How: only "by the decree made at the hearing and upon the merits of the suit". A perpetual injunction is part of the final decision. It cannot be granted merely on an interim application.
- Effect: the defendant is "perpetually enjoined".
- Scope: he is enjoined from "the assertion of a right" or "the commission of an act" that "would be contrary to the rights of the plaintiff".
So where a temporary injunction holds the position during the suit, a perpetual injunction is the final order after the court has decided the merits. The conditions under which a perpetual injunction is granted are in section 38, and a mandatory injunction, which compels an act, is in section 39.
| Point | Temporary injunction | Perpetual injunction |
|---|---|---|
| Duration | Until a specific time or until further order of the court | Perpetual |
| When granted | At any stage of a suit | Only by the decree made at the hearing and upon the merits |
| Governed by | The Code of Civil Procedure, 1908 | The decree on the merits (and Chapter VIII of this Act) |
| Effect on defendant | Restrained for the period | Perpetually enjoined from asserting a right or committing an act contrary to the plaintiff's rights |
Why the difference matters
A person who needs urgent protection will look to a temporary injunction, which can be sought at any stage. A person who wants a lasting order must succeed on the merits and obtain it in the decree. The two are therefore used together in many suits: the temporary order keeps matters as they are, and the perpetual injunction, if granted, settles the position. The Act prints no period for suing for an injunction; the law of limitation should be checked. For a limitation article on wrongful injunction and related torts, see our Limitation Act article on torts with a three-year period, including trespass, infringement and wrongful injunction.
Practical points
State clearly what act you want restrained and what right of yours it affects. Keep documents that show your right and the threatened act. If you ask for a temporary injunction, plan for the final hearing, since a perpetual injunction needs a decree on the merits. Remember that the Code of Civil Procedure, 1908 regulates temporary injunctions, so the procedure and the tests for temporary relief should be checked in that Code and not assumed from this Act.
Need help with an injunction?
Time matters when a right is being threatened. You can bring the facts and documents to our dispute resolution team to decide whether to seek a temporary injunction, a perpetual injunction, or both.
Key takeaways
- Section 36: preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.
- Section 37(1): temporary injunctions continue until a specific time or until further order, may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.
- Section 37(2): a perpetual injunction can be granted only by the decree made at the hearing and upon the merits.
- The defendant under a perpetual injunction is perpetually enjoined from asserting a right or committing an act contrary to the plaintiff's rights.
Read next
- Section 38 of the Specific Relief Act, 1963: perpetual injunction, when granted
- Sections 39-40 of the Specific Relief Act, 1963: mandatory injunction and damages in lieu of injunction
- Section 41 of the Specific Relief Act, 1963: injunction, when refused
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.