Suit for permanent injunction (s.38 Specific Relief Act)

A plaint to stop a defendant from interfering with your property or possession, with an optional mandatory injunction.

Make it free in Dastavo

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Civil Judge (Junior Division), Amarnagar

Civil Suit No. ______ of 2026

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Plaintiff

Versus

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Defendant

SUIT FOR PERMANENT INJUNCTION AND MANDATORY INJUNCTION

(restraining the defendant from interfering in the peaceful possession of the plaintiff over the suit property, dispossessing the plaintiff from it forcibly, and raising any construction on any part of it, and directing the defendant to fill up the trench dug by him along the western edge of the suit property)

Respectfully Showeth:

1.That the plaintiff is the owner in possession of the following property (hereinafter "the suit property"):

A residential plot measuring 200 square yards, comprised in Khasra No. 45/2, situated in Village Kalyanpur, Hadbast No. 112, Tehsil and District Amarnagar, bounded on the North by a 20-feet road, on the South by the plot of Jagir Singh, on the East by the house of Om Prakash and on the West by the plot of the defendant.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Proof of your title or possession: the sale deed or inheritance papers, jamabandi (fard), mutation and khasra girdawari, or the rent deed; for a house, property-tax and electricity bills
A site plan marking the part in dispute, and dated photographs of what the defendant has done
Copies of any police complaints or DDR entries, and of earlier orders or cases about the property
Each defendant's full name, father's or husband's name and present address, for the summons
Your identity proof, and a vakalatnama in favour of your advocate, signed by you

Where to go

Filed through an advocate at the filing counter of the Civil Judge of the area where the property lies, with the supporting affidavit; the court then sends summons to the defendant.

Fee

Court fee on the value of the suit under the state's court-fee law, as stamps or an e-court-fee receipt, as the counter assesses, and the process fee (talbana) for the summons. The advocate's fee is separate.

Good to know

To stop the defendant at once, file an application for temporary injunction with the plaint: see "Application for temporary injunction (O39 R1-2)".
Suing the government or a public officer for an official act needs two months' notice first: see "Notice to the government (s.80 CPC)".
Read the whole paper, or have it read to you in your language, before you sign the verification and the affidavit: you swear that it is true.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.