Prayers in a Suit

where Injunction is
Sought
Made by- Priyanshi R Talesra
TYLLB
Roll No. 176
Div- C
Prayer- Meaning & Definition
▪ A formal request for judicial judgement, relief, or damages at the end of a pleading, i.e. a civil
complaint. As per legal dictionary, prayer is the specific request for judgement, relief and/or
damages at the conclusion of a complaint or petition. A typical prayer would read,”
▪ The plaintiff prays for:

1) Special damages in the sum of Rs.XXX,

2) General Damages according to proof (proved trial),
3) Reasonable Attorney’s fees,
4) Cost of Suit, and
5) Such other and further relief as the court shall deem proper.”
▪ A prayer gives the judge an idea of what is sought, and may become the basis of a judgement if
the defendant defaults (fails to file an answer). Sometime a plaintiff will inflate damages in the
prayers for publicity or intimidation purpose, or because the plaintiff believes that a gigantic
demand will be a better starting point in negotiations. However, the ridiculous multi-million
prayers in smaller cases make plaintiffs look foolish and unrealistic.
Suit- Meaning & Definition

The Civil Procedure Code of 1908 does not provide a definition for the word "suit."
According to Chamber's 20th Century Dictionary (1983), it is a general term with a
broad meaning that refers to any legal proceeding in which one or more parties sue
another or parties and the plaintiff seeks the legal remedy available to him for the
redress of any harm or the enforcement of a right, whether at law or in equity. This
phrase refers to a legal action taken by one or more parties against a third party,
according to the Black's Law Dictionary (7th Edition). Others hold that a "suit" also
refers to an appellate proceeding, but not an execution proceeding.
 Presentation
of the plaint
Order 7 of Service of
Execution of CPC 1908 Summons on
Decree Defendant
(Order 5)

Preparation Appearance
of Decree of parties

Judgment
Stages Ex-party
Decree

of (Order 9)

Argument Suits Production of

documents
by parties
(plaintiff and
defendant)

Hearing of
suits and Examination
examination of parties
of witnesses Summoning Framing of
and
issues by the
Attendance
Court (Order
of Witnesses
14)
(Order 16)
Injunction- Meaning & Defination
An injunction is a judicial order that prohibits a person from commencing or
continuing an action that threatens or infringes on the legal rights of another, or
forcing a person to perform a certain conduct, such as making compensation to an
injured party. Our country’s injunction legislation is based on Equity Jurisprudence,
which was inherited from England, which took it from Roman Law. According to our
legal system, if there is a right there must be a remedy.
 What is Suit for Injunction?
▪ A suit for injunction is a very common and effective remedy against any mischief played by a third-party. All the civil courts are empowered to issue

injunctions. An injunction may be issued for and against individuals, public bodies or even State. Disobedience of injunction is punishable as contempt of

court. In India, some of these points have been incorporated into rules of jurisdiction by being enacted as sections of the Specific Relief Act. In other

words civil suit is an effective legal remedy by any person against the other seeking a Leif of restraint under the facts when the person approaching the

court is aggrieved by any mischief of the other person.

▪ They may be stated as below:

An injunction will not be issued

(i) Where damages are the appropriate remedy,
(ii) Where an injunction is not the appropriate relief,
(iii) Where the plaintiff is not entitled to an injunction on account of his conduct,
(iv) Where the contract cannot be specifically enforced,
(v) Where the injunction would operate inequitably.
▪ The cases in which an injunction is to be granted in preference to damages where a property is concerned to have been summarized in Section 38,
Specific Relief Act.
Kinds of Injunction

TEMPORARY INJUNCTION PERPETUAL INJUNCTION

Stages of Suit for Injunction

STAGE-V. The parties are

directed to file their evidence
before the court. The plaintiff
STAGE-I. The plaint filed by is at first directed to lead his
STAGE-III. After filing of the
the plaintiff that is the person evidence before the court STAGE-VII. The court hears
written statement, the plaintiff
approaching the civil court is which may be oral or the arguments and decides
is directed to file his
considered as the basic documentary by producing the matter finally.
rejoinder.
document. witnesses in its support as
well as summoned records
from various sources in
support of its case.

STAGE-VI. The opposite

STAGE-II. The opposite party STAGE-IV. The court after
party i.e. the Defendant is
is directed to file a written that identifies the issues in
directed to lead its evidence
statement to the said dispute and frames issues for
both oral as well as
planned. the trial of the suit.
documentary.
 Law Regulating to Civil Suit in India
▪ If any specific act is being relied upon, the provisions of the said act are also taken into consideration by the Civil Court while adjudicating the
suit. Once the evidence of the plaintiff is completed, the defendant that is the opposite party directed to lead his evidence during which he can
lead his evidence by producing witnesses as well as by summoning documents from various sources.

▪ All the witnesses produced before the courts are subject to cross-examination that is the counsel for the opposite party has a right to ask
various questions based on their depositions before the court that are called the cross-examination. During the cross-examination, various
related documents are also exhibited and produced before the court.

▪ Once the civil suit has been decided, the parties have the remedy to file an appeal against the said civil suits before the higher courts. The
parties can even approach the upper courts during the trial of the suit if they are agreed to any interlocutory order passed by the trial court. This
is the main reason for the delay of the civil suit in Indian legal system.

▪ The role of a lawyer in drafting, framing, presenting and conducting the civil suit is very crucial as he determines the entire nature of the civil suit
to be filed and conducted. In Indian legal system, there are several acts which are attracted in the adjudication of civil suits hence the duty of
the lawyer becomes very crucial and important to apprise the court about the said provisions of law and to point out the same for his client.
Conclusion
▪ In the end I would like to conclude saying that under Civil Procedure Code (CPC)
and Limitation Act along with Specific Relief Act, all the act and code state why
suit is important, why prayer is made for the Suit and how injunction can be
claimed for the suit filed in the respective court. Even there are different stages
where suit for injunction can be filed.
▪ Limitation Act provide the time limit regarding the filing of the suits and also states
certain bars on which suit can be filed in the respective court.
▪ CPC does not state any specific definition of Suit but provides the constitutional
validity on what the suits can be filed and even format for suit is been provided in
the respective code.