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2024 Supreme(BD)(SC) 8414

1

Present:-

Mr. Justice Mahmudul Hoque

Civil Revision No. 1141 of 2010

Abdur Razzak and others

... Petitioners -Versus-

Md. Jahurul Islam and others

...Opposite-parties Mr. Mohammad Kofil Uddin Khan, Advocate

...For the petitioners No one appeared.

...For the opposite-parties. Heard and Judgment on 31st July, 2024.

In this application under Section 115(1) of the Code of Civil Procedure, Rule was issued calling upon the opposite party Nos. 1-3 to show cause as to why the impugned judgment and order dated 11.03.2010 passed by the learned District Judge, Manikgonj in Miscellaneous Appeal No. 26 of 2009 disallowing the appeal and affirming the judgment and order dated 06.10.2009 passed by the learned Assistant Judge, Singair, Manikgonj in Miscellaneous Case No. 01 of 2009 rejecting the application under Order 9 Rule 13 of the Code of Civil Procedure should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Shorn of unnecessary details, fact of the case lies in a very narrow compus. The opposite-party Nos. 1-3, as plaintiff, filed Title Suit No. 325 of 2008 in the Court of Assistant Judge, Singair, Manik

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