Specific Relief Act Section 40 — Damages in lieu of, or in addition to, injunction

CHAPTER VIII PERPETUAL INJUNCTIONS

General

Summary

In a lawsuit asking the court for a permanent or mandatory injunction, the person suing can also ask for money damages instead of, or along with, that court order. The court has the power to award such damages if it chooses. However, damages can only be given if the person specifically asked for them in their original complaint, though the court must allow them to update the complaint later to add this request. If a lawsuit to stop a breach of a legal duty is dismissed, that dismissal prevents the person from later suing for money damages for that same breach.

Official Text

(1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.

(2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:

Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.

(3) The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.