IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Miscellaneous Appeal No. 279 of 2012

In the matter of:

Md. Munir Hossain and another

… Appellants

-Versus- Hamida Begum

…Respondent Mr. Ranjit Kumar Barman, Advocate

…For the appellants

No one appeared

....For the respondent

Heard on 09.06.2024 10.06.2024 and Judgment on 10.06.2024

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J.

This appeal is directed against the judgment and order dated 21.05.2012 passed by the learned Joint District Judge, 3rd Court, Dhaka in Revocation Miscellaneous Case No. 623 of 2008 initiated by the respondent under section 383 of the Succession Act, 1925 allowing the same exparte dated 01.04.2008 and thereby cancelling the succession certificate in Succession Case No. 441 of 2008 issuing succession certificate in favour of the opposite parties (herein the appellants) to the Revocation Miscellaneous case.

The short facts leading to preferring this appeal are:

The present appellants as applicants originally filed a succession case being no. 441 of 2008 for the property and the money stands in the

account at taka 5,75,126/97left by their father named Abdus Satter Bhuiyan who died on 06.02.2008. In the said succession case since no body entered appearance it was allowed ex parte on 01.04.2008. Being informed about the said ex pate judgment passed in succession case no. 441 of 2008, the present respondent claiming to be the second wife of the deceased Abdus Satter Bhuiyan filed the revocation Miscellaneous case no. 623 of 2008 for cancelation of the said succession certificate. The precise facts so have been described by the respondent no. 1 as petitioner in the said Revocation Miscellaneous case are that, her husband namely, Abdus Satter Bhuiyan died on 06.02.2008 leaving behind her as well as one son and one daughter, the opposite party nos. 1 and 2 (here in the appellants) and they by fling the said succession case got an ex parte order on 01.04.2008 where she was not made any party to the case. However, in order to get the property so left by her husband she had also filed a succession case being no. 410 of 2008 where the appellants were made parties. They on. 07.05.2008 also filed a written objection in the said case when the present respondent first came to learn about the judgment and order passed in succession case no. 441 of 2008 dated 01.04.2008 and got the succession certificate and hence the Revocation Miscellaneous Case.

On the flipside, the present appellants as opposite parties to the said revocation case jointly filed written objection contending inter alia that, the revocation Miscellaneous case is liable to be dismissed stating that, their father used to be a government service holder and he was a highly educated person. Apart from that, the appellant no. 1 is also educated person and he gave gob to the present respondent no. 1, Hamida Begum as their house maid in their house and there had been no marriage ever solemnized by that respondent with his father. It has further been stated that, while their father had been living with them, he died in their house at Lalmatia on 06.02.2008 leaving behind one son and one daughter, the present appellants and accordingly they filed succession case no. 441 of 2008 and got the succession certificate on 01.04.2008. It has further been stated that, the kabinnama which was submitted by the respondent is forged and fraudulent rather her first husband namely, Kajum Uddin is still alive and their conjugal life has still been subsisting and they have also a son born out of their wedlock and finally prayed for dismissing the Revocation Miscellaneous case.

The learned Joint District Judge, 3rd court, Dhaka in order to dispose of the said case framed as many as 3 different issues and the respondent no. 1 who is the petitioner in t