PART III PREVENTIVE RELIEF · CHAPTER VIII PERPETUAL INJUNCTIONS

Section 40: Damages in lieu of, or in addition to, injunction

The Specific Relief Act, 1963

(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.

Questions on this section

3 questions in 18 of our papers cite Section 40. Try these from the free papers:

1. Assertion (A): Where a suit to prevent the breach of an obligation existing in favour of the plaintiff is dismissed, the plaintiff cannot later sue for damages for that breach. Reason (R): Under Section 40(2) of the Specific Relief Act, 1963, no relief for damages can be granted in a suit for injunction unless the plaintiff has claimed it in his plaint, though the court shall allow amendment at any stage to include such a claim.
2. Under Section 40(1) of the Specific Relief Act, 1963, the plaintiff in a suit for perpetual injunction under Section 38 or mandatory injunction under Section 39 may claim damages:

Practise questions on Specific Relief Act