Decided on April 06,2009

Country Director, World Bank Appellant
Ismat Zerin Khan Respondents


MD.JOYNUL ABEDIN,J. - (1.) This petition for leave to appeal has arisen out of the judgment and order dated 5.6.2008 passed by a Single Bench of the High Court Division in Civil Revision No.1431 of 2008 discharging the rule.
(2.) The respondent as plaintiff filed Title Suit No. 225 of 2001 in the First Court of Assistant Judge, Dhaka and it was subsequently renumbered as Title Suit No. 92 of 2003 on transfer in the Second Court of Assistant Judge, Dhaka for declaration that the non-confirmation of her appointment and termination of her employment by the defendant No. 2 is illegal and not binding upon her and that she is entitled to reinstatement to her post. Subsequently the plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument.
(3.) Pursuant to such amendment, the defendant No. 2 filed an application in the trial court for directing the plaintiff to revalue the suit on the basis of amended plaint. The learned Assistant Judge thereupon by order dated 6th May, 2007 directed the plaintiff to revalue the suit in the light of the amendment. Accordingly, the plaintiff revalued the suit for mandatory injunction at Tk. 1000/- and paid court fees accordingly. The defendant opposes the revaluation of the suit on the plea that there is objective standard of valuation for the relief and the plaintiff is required to pay ad valorem court fees on the basis of her salaries. The learned Assistant judge turned down the objection observing that the plaintiff did not pray for any specified amount of salary by way of amendment to the plaint and therefore no objective standard of valuation was ascertainable for the relief claimed.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.