Bench:

Mr. Justice Bhishmadev Chakrabortty

Civil Revision No. 3707 of 2010

Amin Ali alias Md. Amin Ali and others

..... petitioners -Versus-

Ataur Rahman and others

..... opposite parties Ms. Shamima Binte Habib with

Ms. Sabina Parvin, Advocates

..... for the petitioners

Ms. Farhana Siraj for

Mr. Surojit Bhattacharjee, Advocate

...... for the opposite parties

Judgment on 04.03.2024

At the instance of the defendants leave was granted and the rule was issued calling upon the plaintiffs to show cause as to whether in passing the judgment and order on 07.10.2009 the Additional District Judge, Court No. 5 (in charge), Sylhet in Civil Revision No. 20 of 2007 allowing the revision by setting aside the order of the Joint District Judge, Court No. 3, Sylhet passed on 10.10.2006 in Title Suit No. 26 of 1996 rejecting the Advocate Commissioner’s report under Order 26 Rule 9 the Code of Civil Procedure (the Code) has committed any error on an important question of law which has resulted in erroneous decision occasioning failure of justice and or such other or further order or orders passed to this Court may seem fit and proper.

The material facts for disposal of the rule, in brief, are