KHAIRULLAH (MD) Vs. ADC (REVENUE)
SUPREME COURT OF BANGLADESH
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MAHMUDUL AMIN CHOUDHURY,J. -
(1.) This petition for leave to appeal is against judgment and order dated 26-6-1997 passed by a Single Bench of the High Court Division in Civil Revision No. 9006 of 1991 (Dhaka), Civil Revision No. 372 of 1989 (Rangpur) making the Rule absolute condoing the delay of 1302 days in filing connected Civil Revision.
(2.) The short fact leading to this petition is that the petitioner instituted Other Suit No. 193 of 1981 the court of Subordinate Judge, Thakurgaon for declaration that order dated 5-2-1979 and ancillary order dated 6-12-1979 passed by respondent No. 1 in Miscellaneous Case No. XIII-6/1977-78 is illegal, void, without jurisdiction and is of no legal effect and not binding upon the petitioner.
(3.) The learned Subordinate Judge on taking evidence by his judgment dated 12-9-1983 dismissed the suit. The petitioner then preferred Other Class Appeal No. 79 of 1983 which was subsequently re-numbered as Other Class Appeal No. 51 of 1985 of the Court of the District Judge, Thakurgaon. The learned District Judge by his judgment dated 11-8-1985 allowed the appeal and decreed the suit. Thereafter respondent No.1 preferred revisional application under section 115(1) of the Code of Civil Procedure before the High Court Division, Rangpur Bench with an application under section 5 of the Limitation Act for condonation of delay of 1302 days in preferring said application. The High Court Division then by judgment dated 26-6-1997 condoned the delay and listed the matter for hearing on the question of issuance of the Rule if any.;
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