ABDUL KHALEQUE GAZI Vs. ABDUL AZIZ MOLLAH
SUPREME COURT OF BANGLADESH
Abdul Khaleque Gazi
Abdul Aziz Mollah
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MAHMUDUL AMIN CHOUDHURY,J. -
(1.) Petitioner filed this petition for leave to appeal against judgment and order dated 3rd July, 2000 passed by a Single Bench of the High Court Division in Civil Revision No. 3509 of 1999 discharging the Rule upholding order dated 10-5-1999 passed by the learned Assistant Judge, Assasuni, Satkhira in Title Suit No.173 of 1998 allowing amendment of the plaint.
(2.) The short fact leading to this petition is that the plaintiff filed Title Suit No. 173 of 1998 for permanent injunction which was eventually decreed on 30-1-1986. Thereafter in Title Appeal No. 50 of 1986 the learned Additional District Judge set aside the judgment and decree and sent the case back on remand to the trial Court with a direction for taking fresh evidence in order to prove Salishnama which was the basis of the plaintiffs claim. Thereafter the plaintiffs filed a petition for amendment of the plaint seeking to incorporate some more reliefs by way of declaration of title and confirmation of possession and that amendment was allowed by the trial Court by order dated 10-5-1999. The defendant-petitioners were allowed to file additional written statement in view of the amendment but no such statement was filed. Against that order allowing amendment the petitioners moved the High Court Division in Civil Revision No. 3509 of 1999 and a Single Bench of that Division by the impugned judgment dated 3rd July, 2000 discharged the Rule.
(3.) Mr. MA Jalil, the learned Advocate appearing on behalf of the petitioners submits that this amendment allowed after remand of the suit has caused miscarriage of justice as it has changed the nature and character of the suit.;
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