Present:

MR. JUSTICE S.M. EMDADUL HOQUE

Civil Revision No. 2099 of 2023.

IN THE MATTER OF:

An application under Section 115(1) of the Code of Civil Procedure.

A N D

IN THE MATTER OF:

Syed Ahsan Millad Applicant-Appellant-petitioner

-Versus –

Syed Ahsan Jalal and another

opposite party

Mr. Mobarak Hossain, with

Mr. Purnindu Bikash Das, Advocates

….. for the Petitioner.

Heard and Judgment on: 20.03.2024.

On an application of the petitioner Syed Ahsan Millad under section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 16.05.2023 passed by the District Judge, Dhaka in Miscellaneous Appeal No.98 of 2023 dismissing the appeal and thereby affirming the judgment and order dated 13.03.2023 passed by the Joint District Judge, 2nd Court, Dhaka in Miscellaneous Appeal No.35 of 2021 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

Facts necessary for disposal of the Rule, in short, is that the opposite party No.1 as plaintiff instituted Title Suit No.15 of 2020 in the Court of Joint District Judge, 2nd Court, Dhaka