Bench:

Mr. Justice Bhishmadev Chakrabortty

Civil Revision No. 260 of 2008

Md. Mobarak Hamidi ..... petitioner -Versus-

Md. Nurul Huda ..... opposite party

No one appears for the either party

Judgment on 11.03.2024

In this rule opposite party 1 was called upon to show cause as to why the judgment and order of the District Judge, Nilphamari passed on 19.12.2007 in Miscellaneous Appeal No. 01 of 2007 allowing the appeal reversing the judgment and order of the Assistant Judge, Kishoregonj, Nilphamari passed on 05.11.2006 in Miscellaneous Case No. (violation) 27 of 2005 rejecting the case under Order 39 Rule 2(3) of the Code of Civil Procedure (the Code) for violation of the Court’s order should not be set aside.

Facts relevant for disposal of the rule, in brief, are that opposite party 1 as plaintiff instituted Other Class Suit No. 05 of 2004 in the Court of Assistant Judge, Kishoregonj, Nilphamari against the defendant-petitioner and others praying for permanent injunction. The case of the plaintiff, in short, is that he is the Marriage and Divorce Registrar of Bahagili and Chadkhana Union Parishad of police station Kishoregonj within the District of Nilphamari. He filed the suit for permanent injunction against

defendant 1 along with others for restraining them from registering marriage and divorces within the plaintiff’s area. During pending of the suit, the plaintiff filed an application praying for temporary injunction restraining defendant 1 and others from performing as kazi within the plaintiffs area till disposal of the suit. Learned Assistant Judge heard both the parties and by its judgment and order passed on 25.04.2004 allowed it and passed restrainment order as prayed for. Defendant 1 and others knowing fully well about granting of temporary injunction have been working as Kazi within the plaintiff’s area and registered a marriage on 11.02.2005 of Omar Ali son of Jonab Ali with the Shelina daughter of Shahidul at Chadkhana Union parishad with in the District of Nilphamari showing Kazi office of Taragonj police station within the District of Rangpur. Defendant 1 registered the marriage of defendant 2 and thus violated the Court’s order of temporary injunction. The plaintiff collected the certified copy of the nikahnama and filed the application under 39 Rule 2(3) of the Code against defendants 1 and 2 bringing allegation of violating the Court’s order. The defendants 1 and 2 contested the miscellaneous case by filing written objection denying all material allegation made in the miscellaneous case.

The Assistant Judge framed two issues to adjudicate the matter dispute. During trial, the plaintiff examined two witnesses and produced their document exhibit-1 but the defendant examined none. However, the Assistant Judge considering evidence and other materials on record rejected the miscellaneous case for violation. The plaintiff preferred miscellaneous appeal before the District Judge against the aforesaid judgment and order. The District Judge after hearing allowed the appeal, set aside the judgment and order passed by the Assistant Judge and finally convicted defendant 1, petitioner herein, under Order 39 Rule 2(3) of the Code sentencing him to suffer 1 (one) month’s civil prison. The aforesaid judgment and order of the District Judge prompted the petitioner to approach this Court upon which the rule was issued an ad interim order of stay of the impugned appellate judgment and decree was passed which still subsists.

No one appears for either party, although the matter has been appearing in the cause list for last two days with the name of learned Advocate for the petitioner. This is a very old matt