IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. 1917 OF 2012 Ali Hossain being dead his legal heirs: Ismat Ara and others

…Petitioners

-Versus- Ali Ahammed

…Opposite Party Mr. Mohammad Nurul Huda Ansary, Advocate

…for the petitioners None appears

…for the opposite party

Date of hearing: 21.08.2023

Date of Judgment: 22.08.2023

A.K.M. Rabiul Hassan, J:

This rule is directed against the judgment and order dated

18.04.20212 passed by the learned Additional District Judge, 5th Court, Chittagong in Civil Revision No.179 of 2011 affirming judgment and order dated 24.07.2011 passed by the learned Senior Assistant Judge, Satkania, District-Chittagong in Other Suit No.373 of 2005 rejecting the petition for simultaneous trial of Other Suit No.373 of 2005 and Partition Suit No.298 of 2011 now pending before the Senior Assistant Judge, Satkania, Chattogram.

Facts relevant for disposal of rule, in short, is that the present opposite party as a sole plaintiff filed an Other Class Suit No.370 of 2005 on 28.11.2005 impleading the predecessor of present petitioners along with 16 (sixteen) others as defendants in the court of Senior Assistant Judge, Satkania, Chattogram for declaration of title of the suit land and further declaration that the B.S. Khaitan in the name of the predecessor of defendant Nos.1-6 is wrong, fraudulent, without any basis. Subsequently, on 31.05.2011 defendant No.1 of the said Other Class Suit No.370 of 2005 as plaintiff also filed a Partition Suit No.298 of 2011 in the court of Senior Assistant Judge, Satkania, Chattogram impleading the present opposite party as defendant No.1 and others in respect of the self-same land as described to the schedule of Other class Suit No.373 of 2005. Thereafter, on 24.07.2011, the predecessor of the present petitioners as defendant No.1 filed an application for fixing the date of the two suits simultaneously hearing both the suits to avoid conflicting decision of both the suits (পাশ িলিপ মামলার সিহত অ মামলা পাশা পািশ িদন ধায করতঃ একই সােথ িন ি করার াথন া) in Other Class Suit No.373 of 2005. Upon hearing of the said application, the learned Senior Assistant Judge, Satkania was pleased to reject the said application vide its order dated 24.07.2011. Being aggrieved by the aforesaid order, the predecessor of the present petitioners as a petitioner filed Civil Revision No.179 of 2011 before the learned District Judge, Chattogram. On transfer, the said revision was heard and disposed of by the learned Additional District Judge, 5th Court, Chattogram, who by his order dated 18.04.2012 rejected the

civil revision and thereby affirmed the order dated 24.07.2011 passed by the trial court. Being aggrieved by the aforesaid order dated 18.04.2012, the defendant No.1 – petitioner has preferred this revisional application before this court under Section 115(4) of the Code of Civil Procedure and obtained the instant Rule on granting leave.

Mr. Mohammad Nurul Huda Ansary, the learned Advocate appearing on behalf of the petitioners submits that both the courts below failed to appreciate the contentions of the application for simultaneous hearing of both suits. As the aforesaid two suits are pending before the same court and the parties are the same, it is very pertinent to hear the suit simultaneously to avoid conflicting decisions. He further submits that the present opposite party No.1 as a sole plaintiff filed Other Suit No. 373 of 2005 for the declaration of title of the suit land as described in Schedule No.1 - 4 to the plaint, which is also attracted with the schedule of Partition Suit No.298 of 2011 filed by the predecessor of the present petitioner.

He further submits that aforesaid two suits are pending before the same court and though both the suits are in a different stage, the contesting parties of both the suits are the same, so a simultaneous hearing of both suits is required by fixing the same date, which will be a proper and