Question

A perpetual injunction can only be granted by the decree at the hearing and upon the–

• A. Demand of the party
• B. Discretion of the court
• C. Merit of the suit
• D. None of the above

Hint:

Perpetual injunction = permanent relief. Temporary injunction = interim relief. Always distinguish between them.

Answer 1

The Correct Option is C

Step 1: Perpetual injunction concept.
Under Section 37–38 of the Specific Relief Act, a perpetual injunction can only be granted by a decree made at the hearing of the suit. It is based on the merits of the case, not just the demand of the party.

Step 2: Analyzing the options.
- (A) Demand of the party: Wrong, mere demand is insufficient.
- (B) Discretion of the court: Wrong, though court exercises discretion, it must be backed by merits.
- (C) Merit of the suit: Correct, the injunction is granted only when justified by facts and law.
- (D) None of the above: Wrong, since (C) is correct.

Step 3: Conclusion.
Thus, a perpetual injunction can only be granted on the merits of the suit.