AIR 2007 CALCUTTA 154 ::2007 (4) All LJ NOC 715 ::2007 (5) ABR (NOC) 752 (CAL) ::2007 AIHC NOC 407 ::(2007) 4 ICC 404

Calcutta High Court

Hon'ble Judge(s): Kalyan Jyoti Sengupta, Arun Kumar Bhattacharya , JJ

(A) Specific Relief Act (47 of 1963) , S.37, S.38— Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Temporary and Perpetual injunction - Provision for granting injunction in O. 39, Civil P. C. is distinct from provisions under Specific Relief Act - Provision of O. 39, is regulatory method in contradistinction to provision of substantive law. The language of O. 39, Rr. 1 and 2 of Civil P. C. is clearly plain to hold that the order passed thereunder has got the effect till the disposal of suit or until further order. The aforesaid provision is really an enabling provision and this power has been vested in Civil Court alone and it is not a matter of right of the litigant who can bring wrong thing to the notice of the Court and it can take action unlike a substantive right where a litigant as a matter of course can approach the Court and it is established before the Court that such right exists in his or her favour then Court is bound to recognize and enforce such right. Provision of Section 38 of Specific Relief Act enables litigant to get relief of perpetual injunction under certain situation. The distinction between provisions for granting injunction by the Court Section 38 and Order 39 of Code is appreciably discernible, and to be found in Section 37 of the Specific Relief Act 1963. By said provision the legislature advisedly described the @page-C....