Suit for Mandatory Injunction

IN THE COURT OF THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE, district

Civil Suit No. _____ of year For mandatory injunction under Section 55 of the Specific Relief Act 1877

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR MANDATORY INJUNCTION DIRECTING THE DEFENDANT TO PERFORM A SPECIFIC ACT

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is the lawful person entitled to the obligation, performance, or restoration described in paragraph 2 below, and is entitled to the issuance of a mandatory injunction directing the Defendant to perform the specific act necessary to give effect to the said obligation.

2. NATURE OF OBLIGATION: The Defendant is under a continuing obligation, by virtue of obligation_basis (contract / statute / trust / pre-existing right), to perform the following specific act in favour of the Plaintiff: specific_act_description. The said obligation is described in detail in the documents annexed and including obligation_documents.

3. PLAINTIFF'S RIGHT: The Plaintiff's right to the performance of the said specific act arises from plaintiff_right_basis, and is well-established by the documentary record annexed.

4. PRIOR PERFORMANCE OR ENJOYMENT: Until interruption_date, the said obligation was being performed / the right was being enjoyed in the manner described as follows: prior_performance. The Plaintiff has been deprived of the said performance / enjoyment by the conduct of the Defendant complained of below.

5. BREACH BY DEFENDANT: On breach_date, the Defendant, in breach of his / her obligation, ceased to perform the required act / committed an act that obstructs or destroys the Plaintiff's enjoyment, in the following manner: breach_description. The said breach is wilful, deliberate, and unjustified.

6. NATURE OF SPECIFIC ACT REQUIRED: To prevent the breach of the obligation and to restore the Plaintiff's enjoyment, it is necessary that this Honourable Court compel the Defendant to perform a positive act, namely required_positive_act (e.g. remove an unauthorised construction, restore a watercourse, restore an easement of way, deliver up specific documents, perform a specific contractual obligation, restore status quo ante, etc.).

7. INADEQUACY OF DAMAGES: The injury caused to the Plaintiff cannot be adequately compensated in damages, since reasons_damages_inadequate. Only a mandatory injunction restoring the Plaintiff to the position prior to the breach will afford complete and effective relief.

8. NOTICE TO DEFENDANT: A formal written notice was served on the Defendant on notice_date, calling upon the Defendant to perform the obligation / restore the position. The Defendant either failed to respond or refused to comply. notice_response.

9. ACT REQUIRED IS WITHIN DEFENDANT'S POWER: The act sought to be compelled is within the power of the Defendant to perform without disproportionate hardship. The Plaintiff is willing and prepared to bear the reasonable cost of supervised compliance, if so ordered by this Honourable Court.

10. STATUTORY ENTITLEMENT: Under Section 55 of the Specific Relief Act 1877, 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 act. The conditions of Section 55 are squarely satisfied in the present case.

11. URGENT INTERIM RELIEF: The continuing breach is causing serious and irreparable injury to the Plaintiff, and the Plaintiff therefore prays for an interim order directing the Defendant to maintain status quo / perform an interim act pending decision of the suit, in the interests of justice.

12. NO ADEQUATE ALTERNATIVE REMEDY: No alternative remedy at law would adequately redress the wrong complained of. The Plaintiff has no remedy save by way of mandatory injunction.

13. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the cause of action having arisen wholly within the territorial limits of this Court.

14. LIMITATION: The cause of action for the present suit is a continuing one, accruing afresh each day on which the Defendant continues to fail in his obligation. The present suit is filed within the period of limitation prescribed by the relevant Article of the First Schedule to the Limitation Act 1908.

15. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the same subject-matter before any other forum, save and except prior_litigation_disclosure. The Plaintiff has approached this Honourable Court with clean hands.

16. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on breach_date when the Defendant committed the breach, and continues to subsist.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree of mandatory injunction directing the Defendant to perform the specific act of required_positive_act within such time as this Honourable Court may specify;

(b) Pass a decree of permanent injunction restraining the Defendant from continuing the breach or committing any further act in derogation of the Plaintiff's rights;

(c) In the event that the Defendant fails to comply with the mandatory injunction within the time fixed, authorise the Plaintiff or an officer of this Honourable Court to perform the said act at the cost of the Defendant in accordance with Order XXI Rule 32 of the Code of Civil Procedure 1908;

(d) Pass an order of temporary injunction during the pendency of the present suit, directing maintenance of status quo / interim performance, as the Court may consider appropriate;

(e) Award damages caused to the Plaintiff by the breach;

(f) Award costs of the suit to the Plaintiff; and

(g) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 16 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate