IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 4346 OF 2004

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Enamul Haque being dead his legal heirs: 1- 19.

--- Pre-emtor-Petitioner(s). -Versus-

Jamal Uddin and another.

--- Pre-emptee-Opposite Parties.

Mr. Abdul Kalam Chowdhury with

Mr. Iqbal Kalam Chowdhury, Advocates

--- Petitioner(s). Mr. Sarwar-E-Deen with

Mr. Pronoy Kanti Roy, Advocates

---For the Opposite Party No. 1.

Heard on: 02.02.2023, 14.02.2023 and 22.02.2023.

Judgment on: 15.03.2023.

At the instance of the present plaintiff-petitioner, Enamul Haque being dead his legal heirs: 1-19, Nurjahan Begum and others, this Rule was issued upon a revisional application filed under section 115(1) of the Code of Civil Procedure calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 08.08.2004 passed by the learned Joint District

Judge, Court No. 2, Noakhali in the Miscellaneous Appeal No. 71 of 2002 allowing the appeal and thereby reversing the judgment and order dated 0