IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice S M Kuddus Zaman

CIVIL REVISION NO.400 OF 2023

In the matter of:

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

And

Shokhiton Nesa and others

... Petitioners

-Versus-

Md. Hazrat Ali and others

... Opposite parties

Mr. Syed Altaf Hossain, Advocate

.... For the petitioners.

None appears

…. For the opposite parties.

Heard and Judgment on 05.11.2024.

This Rule was issued calling upon the opposite party Nos.1-16 to show cause as to why the judgment and decree dated 31.08.2022 passed by the learned Joint District Judge, 3rd Court, Sirajgonj in Partition Appeal No.98 of 2017 allowing the appeal sending the suit on remand reversing the judgment and decree dated 20.04.2017 passed by the learned Assistant Judge, Kmarkhond, Sirajgonj in Partition Suit No.49 of 2014 decreeing the suit on contest in preliminary form should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper.

Facts in short are that the petitioner as plaintiff instituted above suit for partition seeking a separate saham for