Assess title, possession and the threat

The lawyer first checks whether a permanent injunction suit in Bangladesh is the right remedy at all. A perpetual injunction protects an existing right, so the plaintiff must show at least a prima facie title and, for land, present possession. The lawyer also checks the bars in section 56: no injunction to stop a pending court case, to interfere with public duties of government, to prevent breach of a contract that could not be specifically enforced, or where another equally effective remedy exists.

If you have already been dispossessed, a permanent injunction suit in Bangladesh is the wrong tool; you need possession relief instead.

Where: Lawyer's chamber · Time: 1-2 weeks · Law: ss.52-56 Specific Relief Act 1877; s.9 Specific Relief Act 1877 · Documents: Title deeds, Khatian, Photographs of the threatened act

Tip: If you were dispossessed within the last six months, a quick suit under s.9 Specific Relief Act may restore possession without proving title.

Record the threat at the police station

Where the defendant threatens to enter the land, cut trees, build a wall or evict you, the owner commonly records a general diary entry at the local police station. A GD is not a case and does not decide title, but it is dated, contemporaneous evidence of the threat that the civil court can later see. If there is a risk of violence, the Executive Magistrate may also be approached under section 145 CrPC, but that is a separate criminal-side process about peaceful possession.

Where: Local police station · Time: Same day · Law: Police Regulations, Bengal 1943 (general diary); ss.144-145 Code of Criminal Procedure 1898 · Documents: GD application and GD number, Names of witnesses to the threat

Tip: Keep the GD factual and short. Exaggerated statements are put to you in cross-examination years later.

Gather proof of title and possession

The lawyer collects certified copies of the khatians, deeds and mutation records, and the plaintiff gathers proof of present possession: land development tax receipts, utility bills, tenant rent receipts, photographs and the names of neighbours who can testify. Courts in Bangladesh repeatedly hold that a plaintiff seeking injunction over land must prove specific possession of a clearly identified plot. A vague or mismatched schedule is fatal, so the plot is identified on the mouza map by dag number and boundaries.

Where: Record room, AC Land office and sub-registry · Time: 2-4 weeks · Law: s.144A State Acquisition and Tenancy Act 1950; ss.74-77 Evidence Act 1872 · Documents: Certified khatian copies, Mouza map extract, DCR receipts, Utility bills and photographs

Tip: Describe the land by four boundaries as well as dag numbers; boundaries usually prevail when the two conflict.

File the plaint with an injunction application

The lawyer files the plaint for a permanent injunction, valued at the amount the plaintiff puts on the relief, with the ad valorem court fee. That valuation also decides the forum: a Civil Judge up to Tk 15 lakh, a Senior Civil Judge up to Tk 25 lakh and a Joint District Judge above. On the same day the lawyer files a separate application for a temporary injunction, supported by affidavit, asking the court to restrain the defendant until the suit is decided.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1 day · Law: s.26 CPC; Order VII rule 1 CPC; Court-fees Act 1870, s.7(iv)(d); s.8 Suits Valuation Act 1887; ss.18-19 Civil Courts Act 1887 · Documents: Plaint with land schedule, Temporary injunction application with affidavit, Court fee, Vakalatnama

Tip: Valuing the relief artificially low to pay less fee can backfire: the court can call for proper valuation and the defendant will raise it.

Ad interim order or show cause

The court must normally give notice of the temporary injunction application to the defendant before granting it. Where delay would defeat the purpose, for example a building about to go up, the court may grant an ad interim injunction or a status quo order straight away, usually for a short period, and call on the defendant to show cause. Unserved notices must be returned within seven days and re-served. Against a government office, ad interim relief needs notice to the Government Pleader first.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: Same day to 2 weeks · Law: Order XXXIX rules 3, 3A and 5A CPC; s.151 CPC · Documents: Order sheet, Notice to the defendant, Show cause order

Tip: An ex parte order is temporary. Expect the court to hear the defendant within days and vacate it if the urgency was overstated.

Hearing of the temporary injunction

After the defendant files a written objection with affidavit, the court hears both sides. It asks three questions: is there a prima facie case of title and possession, does the balance of convenience favour an injunction, and would the plaintiff suffer irreparable loss without one. It may grant the injunction, refuse it, or order both parties to keep the status quo. Either side can later apply to vary or vacate the order if circumstances change.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1-4 months · Law: Order XXXIX rules 1, 2 and 4 CPC · Documents: Written objection with affidavit, Supplementary affidavits, Order on the injunction application

Tip: Possession is the heart of this hearing. Documents showing recent, physical possession usually decide it.

Act on a breach of the temporary injunction

If the defendant disobeys the temporary injunction, for example by continuing construction, the plaintiff files a petition under Order XXXIX rule 2(3) with photographs and witnesses. The court may order attachment of the defendant's property and his detention in civil prison for up to six months. The court can also direct restoration of the earlier position. Breach must be proved with clear evidence, and the court will hear the defendant before acting.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1-6 months · Law: Order XXXIX rule 2(3) and (4) CPC; s.94(c) CPC · Documents: Violation petition with affidavit, Photographs and witness statements

Tip: Report a breach immediately. Waiting months suggests acquiescence and weakens the petition.

Written statement and framing of issues

The defendant files a written statement to the suit within thirty working days of service, or later with the court's leave on reasonable grounds. He usually pleads his own title or possession, challenges the identity of the land, and argues that the suit is barred by section 56 or that a mere injunction is not maintainable because the plaintiff's title is clouded. The court then frames issues, typically on title, possession, identity of the land and maintainability.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 2-6 months · Law: Order VIII rule 1 CPC; Order XIV rule 1 CPC · Documents: Written statement, Defendant's documents, Order framing issues

Tip: Where the defendant raises a serious title dispute, consider amending the plaint to add a declaration of title.

Court-annexed mediation

After the written statement, the court must attempt mediation or refer the parties to a mediator, their lawyers or the legal aid officer. Neighbour boundary disputes and family land disputes often settle at this stage, for example by agreeing a demarcation line or access route. Mediation must end within sixty days unless extended by thirty. A settlement becomes a compromise decree and the court fee is refunded; a failure leaves the suit to continue without prejudice.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 2-3 months · Law: s.89A CPC; Order XXIII rule 3 CPC · Documents: Mediation report, Compromise petition (if settled)

Tip: A clear sketch map attached to the compromise avoids a second dispute about where the agreed line runs.

Local investigation by commissioner

If the parties dispute which plot is which, or who is in possession, the court appoints an advocate commissioner, often with a surveyor, to measure the land against the mouza map and report on boundaries, structures and possession. Notice of the inspection goes to both sides. The report and sketch map become part of the record and objections may be filed. In many injunction cases the commission report is the most important single piece of evidence.

Where: Record room, AC Land office and sub-registry · Time: 1-3 months · Law: Order XXVI rules 9-10 CPC; Order XXXIX rule 7 CPC · Documents: Commission application, Report and sketch map, Objections

Tip: Be present at the inspection with your own surveyor and point out the boundary marks yourself.

Evidence and arguments

The plaintiff gives examination-in-chief on affidavit, as required since the 2026 amendments, and is cross-examined; neighbours and the commissioner may also testify. The defendant then leads evidence. No more than four adjournments can be granted at either party's request before the peremptory hearing; further adjournments carry costs and are strictly limited. In the permanent injunction suit in Bangladesh courts, the decisive question is usually whether the plaintiff proved exclusive possession of a specifically identified plot on the date of filing. Lawyers then argue on the evidence and case law.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1-3 years · Law: Order XVIII rules 2-4 CPC; Order XVIII rule 4A CPC (inserted by Act XXXVI of 2026, in force from 8 May 2025); Order XVII rule 1(3) CPC (as amended 2026); ss.101-103 Evidence Act 1872 · Documents: Affidavits in chief, Exhibits, Written arguments

Tip: Joint possession with co-sharers usually defeats an injunction against another co-sharer; partition is the proper remedy.

Judgment and decree

The court pronounces judgment in open court, at once or within seven days of the hearing, and draws up a decree. If the plaintiff succeeds, the decree perpetually restrains the defendant and those claiming under him from the specified acts, such as entering, building on or transferring the land. Where an obligation can only be protected by positive action, the court may add a mandatory injunction, for example ordering removal of a wall built on the plaintiff's land. A temporary injunction ends with the decree.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1 day to a few weeks · Law: ss.53-55 Specific Relief Act 1877; Order XX rules 1, 6 and 7 CPC · Documents: Judgment, Decree, Certified copies

Tip: Read the operative part closely: an injunction only stops the acts it names.

Enforcing the decree

If the defendant wilfully disobeys the decree, the decree-holder applies for execution, which since the 2026 amendments can proceed within the original suit. The court can order the defendant's detention in civil prison, attachment of his property, or both; attached property may be sold if disobedience continues for a year. For a mandatory injunction the court can have the act done by another person at the defendant's cost. The court may direct police to help. A violation is enforced by execution, not by filing a fresh suit.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 3 months to 2 years · Law: Order XXI rule 32 CPC; Order XXI rule 104 CPC (inserted 2026); s.94A CPC (inserted 2026); Limitation Act 1908, Sch. I art. 182 · Documents: Execution petition, Evidence of the breach

Tip: Collect dated photographs and independent witnesses of each breach; courts require cogent proof of wilful disobedience.

Update records and protect the land

An injunction decree does not change ownership records, but it is strong evidence of possession. The decree-holder keeps paying land development tax, applies to the AC Land for mutation if the records are not already in his name, and keeps certified copies of the decree ready for any police complaint or future dispute. If the defendant tries to sell the land in breach of the decree, the buyer takes subject to it, and the decree can be produced to the sub-registry and to the buyer.

Where: Record room, AC Land office and sub-registry · Time: 1-3 months · Law: s.146 CPC; s.52 Transfer of Property Act 1882 (transfers while the suit or appeal is pending); s.143 State Acquisition and Tenancy Act 1950 · Documents: Certified decree, DCR receipts, Mutation application (if needed)

Tip: Keep a certified copy of the decree with your title deeds; you will need it in any future sale.