
Praveen Kumar
February 17, 2025 at 12:28 PM
*Bhudev Mallick V. Ranajit Ghosal (2025 SC)*
1. Article 136 of the Limitation Act provides that there is no period of limitation for the enforcement or execution of a decree granting a perpetual injunction.
2. S.51,58 and O.21 R.32 CPC: Every breach of an injunction is independent and actionable in law, making the judgment-debtor answerable. where there are successive breaches of decree, the judgment-debtor can be dealt with on every such breach, and the doctrine of Res Judicata has no application. A decree for injunction could be enforced by the detention of the judgment-debtor in a civil prison, if he has wilfully failed to obey such decree despite having had an opportunity of obeying it. But the court should not make an order for detention, unless it is satisfied that the judgment-debtor has had an opportunity of obeying the decree and yet has wilfully disobeyed it. The burden of proof will be upon the decree-holder to place materials before the executing court as would enable it to conclude (i) that the person bound by the decree was fully aware of the terms of the decree and its binding nature upon him, and (ii) that the person has had an opportunity of obeying such decree, but has wilfully i.e. consciously and deliberately, disobeyed such decree, so that it can make an order of his detention as sought for.
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