Rule 32 of CPC : Rule 32: Decree for specific performance for restitution of conjugal rights or for an injunction.

Explanation using Example

Example 1:

Scenario: Specific Performance of a Contract

Ravi enters into a contract with Suresh to sell his house for ₹50 lakhs. Ravi receives an advance payment of ₹10 lakhs but later refuses to complete the sale. Suresh files a suit for specific performance, and the court decrees that Ravi must complete the sale.

Application of the Act:

• Ravi has had an opportunity to obey the decree but wilfully fails to do so.
• The court may enforce the decree by attaching Ravi's property or detaining him in civil prison, or both.
• If Ravi still does not comply, the court may order the sale of Ravi's attached property after six months and compensate Suresh from the proceeds.
• Alternatively, the court may allow Suresh to complete the sale at Ravi's cost, and Suresh can recover the expenses as if they were included in the decree.

Example 2:

Scenario: Restitution of Conjugal Rights

Priya and Rajesh are married, but Rajesh leaves the matrimonial home without any valid reason. Priya files a suit for restitution of conjugal rights, and the court decrees that Rajesh must return to live with Priya.

Application of the Act:

• Rajesh has had an opportunity to obey the decree but wilfully fails to do so.
• The court may enforce the decree by attaching Rajesh's property.
• If Rajesh still does not comply after six months, Priya can apply to have Rajesh's attached property sold, and the court may award her compensation from the proceeds.
• If Rajesh returns to live with Priya and pays all costs of executing the decree, the attachment will cease.

Example 3:

Scenario: Injunction

Meera owns a piece of land and constructs a boundary wall. Her neighbor, Anil, starts constructing a building that encroaches on Meera's land. Meera files a suit for an injunction to stop Anil's construction, and the court grants the injunction.

Application of the Act:

• Anil has had an opportunity to obey the decree but wilfully fails to stop the construction.
• The court may enforce the decree by attaching Anil's property or detaining him in civil prison, or both.
• If Anil still does not comply, the court may order the sale of Anil's attached property after six months and compensate Meera from the proceeds.
• Alternatively, the court may allow Meera to remove the encroaching construction at Anil's cost, and Meera can recover the expenses as if they were included in the decree.