
Order 39 CPC | Interim Injunction Denied Without Claim for Perpetual Injunction Under Sections 38 & 41 of Specific Relief Act : Allahabad HC
The Allahabad High Court has ruled that courts cannot grant interim injunctions under Order 39 CPC when the plaintiff has not sought a perpetual injunction, as this violates the mandatory linkage between temporary and permanent relief under Sections 38 and 41 of the Specific Relief Act. This clarifies a critical procedural limit for property and succession disputes, preventing appellate courts from circumventing substantive pleading requirements through status quo orders.


