Injunction decree will survive to legal heirs of deceased plaintiff

*Therefore, the question in this second appeal is whether the injunction obtained by the plaintiff against the defendants would be rendered nugatory on the death of the plaintiff.*

8. *There is a distinction between the death of the plaintiff and the death of the defendant. The injunction is operative against the defendants. In fact, the model form of prayers in many suits for injunction would be "restraining the defendants or his men or servants or agents or anybody claiming under or through him". Therefore, on the death of the defendant, all these persons would vanish. Consequently, the question of binding the L.Rs of the defendant by such injunction would not arise. But this will not be the case, if the plaintiff who seeks injunction dies, A decree for injunction obtained by the plaintiff can be succeeded to by his L.Rs and such a right of injunction does not die with the plaintiff.* I am fortified in my view by the dictum rendered by the High Court of Allahabad in Krishna Behari Goel v Raj Mangal Persad and Others, which is in the following passage:

"(5) The suit was not of a personal nature at all. Sukhu did not claim any personal right. The injunction sought was that the applicant should not interfere with his possession over the property in dispute. A suit claiming injunction of this nature did not abate on the death of the plaintiff. The cause of action survived to his legal representative who came in possession of the property in dispute".

This position stands further clarified by the leading case of Penn v Lord Baltimore, wherein Lord Chancellor Hardwicke stated in effect as follows:

"The strict primary decree in this Court, as a Court of Equity, is in personam, .....until the defendant do comply with the order of judgment of the Court, which is against himself the defendant personally to do or cause to be done or to abstain from doing some act".

*The italicized portion indicates that it is a personal against the defendant against whom injunction is sought for. Therefore, the decree of injunction would become infructuous on the death of the defendant or the party against whom injunction is granted. The person who gets an injunction were to die, certainly his L.Rs will be entitled to the benefit of the decree.*

*IN THE HIGH COURT OF KARNATAKA AT BANGALORE*

Regular Second Appeal No. 132 of 1993

Decided On: 12.01.1998

*Venkubai  Vs The Assistant Commissioner, Sedam, Gulbarga District and Ors.*

Hon'ble Judges/Coram:

*T.N. Vallinayagam, J.*

Citation: *1999(1) Civil Court Cases 119 Kant*

#injunction

#legalheirs