In the Supreme Court of Bangladesh High Court Division

(Civil Revisional Jurisdiction)

Present:

Mr. Justice Md. Aminul Islam.

Civil Revision No.1837 of 2022. Nazrul Islam

.........Petitioner.

Vs.

Md. Moksed Ali and others

............. Opposite-Parties.

Mr. Md. Tarikul Islam, Advocate. .................. for the petitioner.

Mr. Ali Imam Khaled Rahim, with

Mr. Md. Mashiur Rahman, Advocate.

....... for the opposite party No.1-5.

Heard and judgment on: 19.07.2023.

This Rule was issued calling upon the opposite-parties to show cause as to why the impugned judgment and order dated 12.01.2022 passed by the learned Joint District Judge, 2nd Court, Jhenaidah in Miscellaneous Appeal No.56 of 2014 dismissing the appeal and thereby affirming the order dated 26.10.2014 passed by the learned Senior Assistant Judge, Jhenaidah Sadar Court, Jhenaidah in Miscellaneous Case No.32 of 2014 rejecting the application filed by the petitioner under Order IX Rule 13A read with section 151 of the Code of Civil Procedure for setting aside the ex-parte decree passed by the learned Senior Assistant Judge, Jhenaidah Sadar Court, Jhenaidah in Title Suit No.237 of 2004, should not be set-aside and/or such

other or further order or orders passed as to this Court may seem fit and proper.

The facts leading to the issuance of the Rule in a nutshell can be stated that on 30.11.2004 the opposite-parties as plaintiffs instituted a Title Suit being No.237 of 2004 before the Court of learned Senior Assistant Judge, Jhenaidah Sadar Court, Jhenaidah for partition in the schedule land against the present petitioner along with others. Subsequently, the aforesaid suit was ex-parte decree on 18.04.2004 but that was not in the knowledge of the petitioner as because the summons was not duly served upon the defendants of the case. Thereafter, being informed about ex-parte decree on 16.07.2006 the petitioner filed a Miscellaneous Case No.45 of 2006 under Order IX Rule 13 read with section 151 of the Code of Civil Procedure with a prayer for setting aside the ex-parte decree dated 18.04.2004 on the ground that the summons was not duly served upon the defendants and after hearing the aforesaid ex-parte decree setting aside on 17.09.2012 and the original suit was restored for filing written statements. The suit was fixed for submitting written statements by the defendants but the defendant failed to submit written statements then the suit was fixed for ex-parte hearing on 11.06.2014. On the same date the suit was fixed for ex-parte hearing but the defendant failed to submit written statements on the basis of wanting necessary documents and prayed for adjournment for last time, though the learned trail Court rejected the same, ultimately the suit was decree on ex- parte without taking any evidence on the basis of the previously recorded the evidences. Hence, the case.

The petitioner filed a Miscellaneous Case No.32 of 2014 under Order IX Rule 13A read with section 151 of the Code of Civil Procedure with a prayer for setting aside the ex-parte decree. On conclusion of trial the learned Judge of the trial Court rejected the application for setting aside the ex-parte decree by his judgment and order dated 26.10.2014.

Being aggrieved by and dissatisfied with the aforesaid judgment and order the petitioner filed a Miscellaneous Appeal No. 56 of 2014 before the learned District Judge, Jhenaidah and the same was transferred to the learned Joint District Judge, 2nd Court, Jhenaidah for hearing and who after hearing both parties the learned Judge dismissing the appeal by his judgment and order dated 12.01.2022.

Feeling aggrieved by and dissatisfied with the impugned judgment and order dated 12.01.2022 the defendant as petitioner preferred this Revisional application under section 115(1) of the Code of Civil Procedure before this Court and obtained the instant Rule.

Mr. Md. Tarikul Islam, the learned Advocate appearing for the petitioner has placed the Revisional application, judgm