Suit for permanent injunction to prevent the threat of auction sale of immovable property -is it maintainable?
Rajib Kumar Deb : In certain instances, as a last resort, a suit for permanent injunction is instituted under Section 54 of the Specific Relief Act, 1877, wherein the plaintiff alleges a cause of action arising from the threat of public auction of immovable property purportedly made by the bank manager. However, such suits are often filed while deliberately withholding the material fact that judicial proceedings under the relevant financial recovery statutes.
In that case, the defendant is described as a branch, which was established under the Bangladesh Banks (Nationalisation) Order, 1972 (President’s Order No. 26 of 1972), and is a statutory body governed by the the Companies Act, 1994, the Bank Company Act, 1991, and other applicable guidelines and regulations issued by Bangladesh Bank.
The auction sale procedure relating to immovable property is regulated by the provisions of the Artha Rin Adalat Ain, 2003, the Code of Civil Procedure, 1908, and the Transfer of Property Act, 1882, among others. Given that a specific statutory mechanism is in place governing such sales, any grievance arising therefrom must be addressed in accordance with the prescribed legal procedure.
According to section 56 (d) of the Specific Relief Act, 1877, no injunction can be granted to interfere with the public duties of any department of the Government.
In this case, there should be a considered view that the suit, in its present form, does not disclose any triable issue and appears to be filed merely to stall the statutory process. It is a settled principle of law that a suit which is inherently defective or misconceived should be dismissed at the outset to prevent unnecessary burden on judicial time and resources.
Author : Senior Assistant Judge, Cumilla
