JOBEDA KHATUN Vs. MOMTAZ BEGUM

JUDGEMENT

(1.) Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first party to the proceeding and the question is, whether the plaint is liable to be rejected on the ground of its being barred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter.

(2.) The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant- respondents application under Order VII, rule 11 CPC in Title Suit No. 27 of 1985. In revision, Civil Revision No. 407 of 1985, a learned Single Judge of the High Court Division set aside that judgment and directed the trial Court to reject the plaint in limini.

(3.) The plaintiff is the appellant by leave from the judgment and order of the High Court Division dated 12.5.91.