Civil Matter
Civil Matter: The trial Court rejected the prayer by its order dated 24.09.2012. Against that order the pre- emptees filed Civil Revision No.232 of 2012 before the District Judge, Dhaka under section 115(2) of the Code of Civil Procedure (the Code). Revision was rejected by the learned Additional District Judge, 8th Court, Dhaka by his order dated 15.03.1914. Against the order of the learned Additional District Judge, the pre- emptees filed a second revision before the High Court Division under Section 115(4) of the Code. The Rule was discharged affirming those of the learned Additional District Judge, hence this petition for leave to appeal. .....Alhaj Md. Maruf Hasan Swapan & another VS Kohinur Aziz & others, [1 LM (AD) 273]
Civil Matter:- Preliminary- The main allegation in the plaint for declaring that preliminary decree and final decrees void was that the decrees were obtained by plaintiffs by suppressing the summonses of the suit upon the defendants.
The Appellate Division found from the judgment and decree of the trial Court, it set aside the decree of Title Suit No.254 of 1996 on the clear finding that summonses of the suit were not served upon the defendants of that suit, i,e. the plaintiffs of the instant suit. The High Court Division being the last Court of fact also affirmed the said finding of fact of the trial Court. The Appellate Division held that the suit should be proceeded with and disposed of in accordance with law and accordingly, the trial Court is directed to proceed with Title Suit No.254 of 1996 and dispose of the same in accordance with law. Accordingly petition is dismissed. Anjuman Ara & others =VS= Md. Abul Hossain & others, [1 LM (AD) 208]
