WAZED ALI SARDAR (MD) Vs. MD. AFSARUDDIN SARDAR
SUPREME COURT OF BANGLADESH
Wazed Ali Sardar (Md)
Md. Afsaruddin Sardar
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MD.ISMAILUDDIN SARKER,J. -
(1.) This appeal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant.
(2.) Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transferred to the Court of Subordinate Judge, Satkhira and renumbered as Title Suit No.5 14 of 1981. Amongst other defendants defendant No.15 filed a written statement stating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 impleaded those purchase as defendant Nos. 30-36. The Suit was ultimately decreed exparte on 28-1-1985.
(3.) Thereafter the appellant preferred Miscellaneous Case No.79 of 1986 under Order IX rule 13 of the Code of Civil Procedure praying for setting aside the ex parte decree on the grounds, inter alia, that no summons of the suit was served upon him which was fraudulently suppressed in collusion will the process server and he came to know about the ex parte decree on 27-7-1968 from one Binoy Krishna Bachar. He then went to the Court on 29.7.1986 and came to learn about the exparte decree and thereafter filed the Miscellaneous Case.;
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