Misapplication of procedural rules, specifically regarding adjournments and stay orders, which led to the dismissal of an appeal on merit without due process.

On an application under Section 115 (1) of the Code of Civil Procedure this Rule was issued at the instance of the petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order No. 22 dated 23.07.2020 passed by the learned Additional District and Sessions Judge, Charfashion, Bhola in Title Appeal No. 70 of 2017 rejecting the application under Section 151 of the Code of Civil Procedure for restoration of the appeal 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 petitioner, as plaintiff, instituted Title Suit No. 361 of 2008 against the opposite-parties, as defendant in the Court of Senior Assistant Judge, Charfashion, Bhola for a declaration of title in the suit property. The trial court after hearing dismissed the suit by its judgment and decree dated 24.07.2017. Thereafter, the plaintiff preferred Title Appeal No. 70 of 2017 before the appellate court. Eventually, the appeal was transferred to the learned Additional District Judge, Bhola for disposal before whom the appellant sought adjournment for hearing but the court rejected the prayer. Being apprehended that they will not get justice before that court filed Miscellaneous Case No. 13 of 2020 for withdrawal of Title Appeal No. 70 of 2017 and to transfer the same to any other court of competent jurisdiction for disposal. Learned District Judge, Bhola heard the application and after hearing by its order dated 05.03.2020 admitted the same, called for the records and passed an order staying further proceeding of the appeal. Said order was duly communicated to the court of learned Additional District Judge, Charfashion, Bhola who received the same on 11.03.2020. The appeal was fixed for hearing on 12.03.2020. On that date the appellant filed an application praying for adjournment on the

Unfortunately said application for adjournment was not moved by the learned Advocate. Consequently, the appellate court rejected the application as being not moved by the appellant and took the matter for hearing and after hearing the learned Advocate for the respondent dismissed the appeal. Thereafter, the appellant field an application under Section 151 of the Code of Civil Procedure on 23.07.2020 praying for re-admission of the appeal in its original position and number. The appellate court heard the application and by the impugned judgment and order dated 23.07.2020 rejected the same. At this juncture, the petitioner moved this Court by filing this revisional application under Section 115 (1) of the Code of Civil Procedure and obtained the present Rule and order of status-quo.

Mr. Md. Alamgir, learned Advocate appearing for Mr. Md. Jahangir Kabir, learned Senior Advocate for the petitioner submits that when an application under Section 24 of the Code of Civil Procedure was field before the learned District Judge, Bhola praying for transfer of the Title Appeal No. 70 of 2017 from the court of learned Additional District Judge and the learned District Judge passed an order calling for records staying further proceeding of the appeal and duly communicated to the learned Additional District Judge on 11.03.2020 the appellate court below ought not to have taken the appeal for hearing on the following day on 12.03.2020. He submits that the appellate court below intentionally disregarded the order of the superior court by taking the appeal for hearing on the following day after receipt of the order of stay passed by the learned District Judge. He submits that on the date fixed however, the appellant field an application seeking adjournment on the ground of engagement of the learned Advocate in Bar Association election. The appellate court in total disregard to order of stay of the leaned District Judge i