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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter VIII: Perpetual Injunctions

Section 39 Specific Relief Act: Mandatory injunctions

Bare Act text

39. Mandatory injunctions.—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

When it is necessary, to prevent breach of an obligation, to compel the performance of certain acts, the court can grant a mandatory injunction. This applies only where the court is capable of enforcing those acts. The court may, in its discretion, grant an injunction both to prevent the breach complained of and to compel the requisite acts. The grant is discretionary, not a matter of right.

Chapter VIII: Perpetual Injunctions

  1. 38 Perpetual injunction when granted
  2. 39 Mandatory injunctions
  3. 40 Damages in lieu of, or in addition to, injunction
  4. 41 Injunction when refused
  5. 42 Injunction to perform negative agreement
  6. 43 Repealed
  7. 44 Repealed