Injunction Submission (O-39, R- 1& 2 of CPC)

May It Please Your Honor

This is an application under Order 39 rule 1 & 2 of Code of Civil Procedure 1908.

Your Honor, This instant suit is for declaration of title and recovery of possession.

In this particular suit the plaintiff is “Azizul Hakim” and the defendant is “Ziaul Ahsan” and I am representing the Plaintiff.

The property in dispute is situated at:

All that piece and parcel of land situated under District- Dhaka, Police Station- Lalbagh, Mouja –Hajaribagh, C.S Khatain No. 343, C.S Plot No. 455, S.A. Khatian No. 233, S.A Plot No. 456, R. S Khatian No. 1098, R.S Plot No. 654, Municipal holding No. 03 House No. 45 Road No.3 measuring an area of 12 katthas of land.

Your honor the brief fact of the suit is:

The schedule property was owned by Mr. Abdul Hakim, father of the plaintiff. That on 2001 Mr. Hakim died leaving his wife and his only son. Subsequently on 5th October 2002 Mrs. Selina Hakim died and thus the plaintiff become the sole owner of the property.

As the plaintiff was a busy business man he inducted the defendant as a caretaker on 2005 to look after the suit property with an agreement to pay taka 10,000 per month and left to New Zealand for his business purpose.

From 2007 the plaintiff failed to communication with the defendant, and then being worried on 2008 the plaintiff came back to Dhaka. On the first meeting with the defendant, the plaintiff was informed that the defendant had parched the land on December 2000 from his father.

Later upon hearing such, the plaintiff made a search in sub-register office and found a registered deed in favor of the defendant which he believe to be false and fabricated.

Hence for this reason the instant suit is filed.

Therefore after knowing about the suit the defendant became very much rigorous and initiated to dig a pond. And that is why an order of injunction is required.

Your Honor, to get an order of injunction we need to fulfill three requirement, which are :

  1. Prima faci Arguable Case
  2. Balance of convenience or inconvenience And
  3. Irreparable loss or injury

With You Honor’s kind permission I would like to show how this suit meets these requirements

  1. Prima faci Arguable Case

Your Honor, at first if we look at the overall fact of the case, the defendant already admitted that the plaintiff’s father was the owner of the property and then he stated that he had purchased the property form plaintiff’s father in December 2000.

Your Honor, there are some serious question of fact, that why the defendant did not claimed the property after the death of Mr Abdul Hakim on 2001? And why the defendant suddenly claimed the property after 7 long years (2008), at the time when the plaintiff came back from abroad to take care of his property.

Your Honor, these questions are very fair, clear and arguable in the favor of the plaintiff. Thus the plaintiff is liable to get an injunction order.

Your honor, In this particular matter I beg to sight an authority. “The applicant has to show that a fair and arguable case exists in his favour” as decided in “SN Gupta & Co. v. Sadanda”, 11 DLR 470.

  1. Balance of convenience or inconvenience

Your Honour, If the earth is dug, the value of the property will drop drastically, the plaintiff would lose his childhood memories and further legal complexity would arise in the future. On the other hand, if the plaintiff get your kind order of injunction there would be no loss or damage in the part of defendant’s right.

Your honour, If the injunction is not given, the mischief plaintiff may suffered would be greater than the defendant’s sufferings. So, the plaintiff has the ground to have an injunction order as decided in a leading case of Dalpat v. Prahlad, AIR 1993 SC 276 which cited that “On weighing the conflicting probabilities, the court will grant the relief if in its opinion the balance of inconvenience is in favour of the applicant. e.g. if the mischief to the applicant is greater than  the mischief to the opposite party”

  1. Irreparable loss or injury

Your Honour, if the order of injunction is not given, the defendant will dug the earth. Consequently, the plaintiff would suffer as he would lose his personal memories related to that property and which cannot be adequately remedied by any other thing.

So the only way to save plaintiff from this irreparable loss by restraining the other party by an injunction order. Thus the plaintiff satisfies the element wanted in the remarkable case “Uttara Bank v. Macneil & Kilburn Ltd., 33 DLR (AD) 298 which cited “He must  show that he shall suffer irreparable loss or injury not commensurable in monetary terms unless  the other party is restrained.”

In this circumstances

Wherefore it is most humbly prayed that Your Honour would be pleased to issue a notice calling upon the Defendant to show cause as to why he should not be restrained by an order of temporary injunction from changing the nature and character of the scheduled property unless the instant suit is finally disposed of, and upon hearing the parties, and upon perusing the cause shown, if any, pass an order of temporary injunction.

And

Pending hearing of the injunction petition, your honour would further be pleased to pass an order of ad interim injunction restraining the Defendant from changing the nature and character of the scheduled properties.

That’s all my submission your honour, unless your honour has any quarries.

Much Oblidge.

Read Related Fact Here: http://lawhelpbd.com/civil-law/injunction-plaint-sample/

a - Chimps

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Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promote legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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