IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. 1526 OF 1995 IN THE MATTER OF:

Sunil Kumar Das and another

....Petitioners -Vs-

Sudhangshu Bimal Das and others

....Opposite Parties Mr. Surojit Bhattacharjee, Adv. with

Mr. Saleh Mahmood Naheed, Adv.

... For the petitioners

Mr. Tabarak Hussain, Sr. Adv. with

Ms. Urmee Rahman, Adv.

...For the opposite parties

Heard on: 20.06.2023, 08.11.2023 & 05.12.2023

And

Judgment on: The 7th March, 2024

Present:

Mamnoon Rahman, J:

In an application under section 115(1) of the Code of Civil Procedure, 1908 rule was issued calling upon the opposite parties No. 1- 5 to show cause as to why the impugned judgment and decree dated 09.08.1994 passed by the then Subordinate Judge, 2nd Commercial Court, Chittagong in Other Appeal No. 669 of 1991 dismissing the appeal and affirming the judgment and decree dated 29.10.1991 and 05.01.1991 passed by the Assistant Judge, Rauzan in Other Suit No. 04 of 1990 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.

The short facts relevant