Law of Injunctions: Theory and Application
26 Pages Posted: 3 Apr 2012
Date Written: April 1, 2012
Abstract
This paper is an attempt to explain the Law of injunctions, both temporary and permanent in Pakistan. The law on the subject is in various enactments that have been referred to in the paper. An injunction is a order or judgment by which a party to an action is required to do or refrain from doing, particular thing. In the former case it is called a restrictive injunction and in the latter case a mandatory injunction. There are three essentials that must be alleged and shown to get an injunctive order. Those are the existence ofa Prima facie case in favour of the Plaintiff; the Balance of convenience being in the grant of such injunction and the plaintiff to suffer an irreparable loss in case the injunction is not granted in his favour.
An injunctive order is appealable. Revision is competent where no appeal lies.
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