GOVERNMENT OF BANGLADESH Vs. MD. JASHIM UDDIN
SUPREME COURT OF BANGLADESH
Government Of Bangladesh
Md. Jashim Uddin
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MOHAMMAD ABDUR ROUF,J. -
(1.) This appeal, following leave, by the plaintiff-appellant, is from the judgment and order passed on August 10,1994 by a Single Bench of the High Court Division in Civil Revision No.1710 of 1992, making the Rule absolute and setting aside thereby the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991.
(2.) Defendant-respondents on March 6, 1984 got an ex parte decree in Title Suit No. 784 of 1978 against the appellant, of declaration of their title to 41 decimals of land of Plot No.459, within Mouza Meradia, Dhaka city.
(3.) The appellant then instituted Title Suit No.133 of 1990 in the Court of Assistant Judge, 2nd Court, Dhaka to have the said ex parte decree adjudged void by reason of fraud claiming the said land as the property of the Government. The respondents had been contesting the suit by filing a written statement denying the claim of the government-appellant. Subsequently the suit was transferred to the Court of Additional Assistant Judge, 3rd Court, Dhaka and renumbered as Title Suit No. 19 of 1991. Ultimately it was dismissed for default, mentioned earlier. The appellant then filed the aforesaid misc. Case for its restoration stating, inter alia, that the order of transfer of the suit having not been communicated to the plaintiff, they had no knowledge of such transfer as a result the plaintiff failed to take proper step in the suit when it was called on for hearing resulting its dismissal for default.;
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