Decided on April 12,1989

Khaleda Roushan Ara Appellant
Nurul Huq (Md.) Respondents


M.H.RAHMAN J - (1.) Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement the appellant denied that there was any contract for the sale of the suit property with the respondent.
(2.) The suit was fixed for hearing on 16th February, 1983. On that date the defendant filed an application for adjournment with a medical certificate on the ground of illness. The prayer for adjournment was, however, not granted and the suit was decreed ex-parte on that date. Thereafter on the appellant's application under Order 9, rule 13 of the Code of Civil Procedure, Miscellaneous Case No. 28 of 1983 was started. That case was fixed for hearing on 26th July, 1983. On the assertion of the appellant's son that his mother was ill the case was adjourned till 13-9-1983 On the adjourned date the appellant filed an application for the Court's direction to Dr. Saiful Islam, the doctor who gave the medical certificate, to appear before the Court and prove the medical certificate. On the same day i.e. 13.9.1983 another application was filed for time on the ground that Dr. Saiful Islam, a Government employee, had net been granted leave by his employer and hence he could not come to depose before the Court. Both the applications were, however, rejected. The Miscellaneous case was dismissed on 1.11.1983.
(3.) On appeal the High Court Division refused to interfere in the matter after observing that the defendant did not state as to what type of illness she suffered from; and that she could not produce any evidence to prove her case of illness; that even her son could not say what type of illness his mother was suffering from; and that there was no sufficient cause for non-appearance of the defendant at the time of hearing of the suit.;

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