What are preventive reliefs under Specific Relief Act, 1963? How is it granted?

Question: What are preventive reliefs under Specific Relief Act, 1963? How is it granted?

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Answer

Preventive reliefs are the reliefs granted by the court in order to deal with situations wherein, the nature of the contract is of such a nature that neither granting damages nor any specific performance is likely to serve the purpose. Therefore, in order to deal with such situations, the courts grant preventive reliefs to restrain the party who intents and threatens to breach the contract to a probable extent.

In India, Specific Relief Act, 1963, through its Section 36 talks about the grant of preventive relief and such preventive reliefs are granted through the standard mode of injunction. Further, in accordance with Section 37 of the Act, such preventive relief can be granted at the discretion of the court by injunction, which could either be temporary or perpetual. The temporary injunction may be granted at any stage of the suit. However, the perpetual injunction is granted by decree based on merits of the suit. Section 37(2) of the Act prescribes that perpetual injunctions can be granted only by way of the decree, as it is expected to be final, eventually creating an obligation upon the party and the same is enforced in accordance with Order XXI, Rule 32 of the Code of Civil Procedure, 1908. Furthermore, Section 38 of the Act specifically prescribes the situations wherein such perpetual reliefs may be granted.

Therefore, it would not be wrong to assert that the Specific Relief Act, 1963 prescribes a specific set of remedies through preventive relief which can be prayed by the parties to the suit. The purpose of this relief is to provide justice to all and prevent any inequitable situation favouring a single party.