KARNAFULI COTTON MILLS LTD. Vs. UNITED COMMERCIAL BANK LTD.
SUPREME COURT OF BANGLADESH
Karnafuli Cotton Mills Ltd.
UNITED COMMERCIAL BANK LTD.
Click here to view full judgement.
MUSTAFA KAMAL J. -
(1.) This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent was not pressed, yet, as prayed for by the respondent, an Advocate Commissioner was appointed, thus granting full relief to the respondent without issuing any Rule and without hearing the petitioner.
(2.) The respondent-Bank filed Mortgage Suit No. 37 of 1994 against the petitioner and other in the Court of Subordinate Judge and Artha Rin Adalat, Chittagong for recovery of Taka 25, 96, 27,209.04 and on 26-2-95 filed an application under Order XXXIX rule 7 CPC for appointment of an Advocate Commissioner for making an inventory of all the machineries, spare parts, raw materials and finished products as pledged with the respondent Bank. The petitioner filed written objection on 15-3-95 and by order dated 15-4-95 the Artha Rin Adalat rejected the respondents application against which the respondent flied the aforesaid Civil Order No. 2615 of 1995 in which the High Court Division without issuing any Rule and without hearing the petitioner granted all the relief that was prayed for the respondent.
(3.) Mr. MA Wahhab Miah, learned Advocate for the petitioner rightly cited the cases of Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 1913 BLD (AD) 193, Azizul Haque Choudhary vs Manzur Hossain, BCR 1984 (AD) 532 and Sukuret Sen vs. Gouranga Bejoy Das, BLD 1989 (AD) and correctly submitted that granting of reliefs summarily on a revisional application without issuing any Rule on the opposite party is neither legal nor fair and the learned Judges of the High Court Division have committed grave error of lawn passing the impugned order giving the respondent full relief in a summary manner.;
Copyright © Regent Computronics Pvt.Ltd.