A civil court is asked to prevent the defendant from filing an application under section 12 of the…
Under section 37(2) a perpetual injunction is granted by a decree on the merits. After duly served summons and nonappearance, the court may hear the case ex parte under…
Choose your answer
A civil court is asked to prevent the defendant from filing an application under section 12 of the Protection of Women from Domestic Violence Act, 2005 in a court that is not subordinate to it. Which statement about a perpetual injunction under the Specific Relief Act, 1963 is incorrect?
Answer and explanation
Correct answer D
Under section 37(2) a perpetual injunction is granted by a decree on the merits. After duly served summons and nonappearance, the court may hear the case ex parte under Order IX rule 6 of the Code of Civil Procedure, 1908. Section 41(b) bars an injunction restraining institution of proceedings in a non-subordinate court. That bar applies to the section 12 application in the circumstances stated.
Option feedback
Option A
Section 37(2) requires a decree made at the hearing on the merits.
Option B
Order IX rule 6 permits the court to proceed ex parte if summons was duly served and the defendant fails to appear. The claim still requires a merits determination.
Option C
Section 37(2) requires the court to decide on the merits of the suit.
Option D
Section 41(b) bars an injunction restraining institution of proceedings in a court that is not subordinate to the court asked to grant it.
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