IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

FIRST MISCELLENEOUS APPEAL No. 218 OF 2022.

Alhaj Mozammel Hoque Bhuiya

--------- Petitioner-Appellant.

-Versus-

Md. Humayun Kabir

........Opposite Party Respondent.

Mr. Md, Salim Reza Chowdhury, Advocate

........ For the appellant.

Mr. Md. Shamsul Haque, Advocate

...........For the respondent.

Heard on: 21.04.2024, 07.05.2024. Judgment on: 12.05 .2024.

Sashanka Shekhar Sarkar, J

This appeal is directed against the judgment and order dated 31.05.2022 passed by learned Joint District Judge, 1st

Court, Dhaka dismissing Miscellaneous Case No. 16 of 2020 filed under Order IX rule 13 of the Code of Civil Procedure.

The facts, necessary for disposal of the appeal, in short, are that respondent No.1 as plaintiff instituted Title Suit No. 843 of 2011 impleading the appellant as defendant No. 1 for declaration of title in respect of the suit land, contending inter alia that the plaintiff managed to obtain a collusive exparte decree on 11.05.2014 against defendant No. 1 by suppressing summons. Defendant No. 1 had