How to Get a Stay Order Bangladesh Courts: Purpose and Process

A stay order (also called an interim injunction) is a court order that temporarily stops a party from taking a specific action — pending final disposal of the main case. In Bangladesh, stay orders are governed by:

• Order 39 of the Code of Civil Procedure 1908 (CPC): For civil cases — temporary injunctions.
• Section 151, CPC: Inherent power of courts to prevent abuse of process.

Examples of what a stay order can stop: construction on disputed land, transfer of a property, enforcement of a court decree, eviction from property, publication of defamatory material, or a company resolution.

A civil lawyer in Dhaka can file an urgent stay order application within days of filing the main suit.

To grant a stay order, Bangladesh courts apply the three-pronged test:

1. Prima facie case: Does the applicant have a reasonably strong legal argument on the merits of the main case?
2. Balance of convenience: Would the applicant suffer more harm if the stay is refused than the respondent would suffer if it is granted?
3. Irreparable injury: If the stay is not granted, would the harm to the applicant be impossible or very difficult to remedy later through money?

All three conditions must generally be satisfied. In urgent cases — such as imminent sale of disputed land — courts can grant an ex parte (one-sided) stay order on the same day of the application.

The process:

1. File the main case (title suit, injunction suit, civil suit, etc.).
2. File a stay application (interlocutory application) simultaneously — typically as Form No. 37 or equivalent in the relevant court.
3. Submit supporting affidavit detailing the urgency, the potential harm, and the prima facie basis of the claim.
4. The court may hear the application ex parte (without the other side) if there is proven urgency.
5. If granted, the stay order is served on the other party and registered with relevant authorities (e.g., sub-registry for land stays).
6. A return date is fixed for the other side to show cause why the stay should not continue.

Speed matters enormously in stay applications. Contact Advocate Md. Shah Alam in Uttara for urgent stay order filings.

Yes. In urgent cases — particularly where the other party is about to take irreversible action (such as selling land or demolishing a building) — courts can grant an urgent ex parte stay order on the day of application.

Interim stay orders last until the court decides to modify or vacate them. They typically remain in force until the main case is decided — which can take months or years. The other side can apply to vacate the stay at any time.

In Bangladesh practice, terms are often used interchangeably. Technically, a "stay order" suspends proceedings or a specific act, while an "injunction" prohibits a party from doing something. An interim injunction under Order 39 CPC is what most people mean by a stay order in property disputes.

Yes. Writ jurisdiction allows stay orders against government actions — this is handled through High Court writ petitions. For ordinary civil disputes, regular civil courts issue stay orders.