IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 4416 OF 1995

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Md. Abdus Samad

--- Preemptor-Petitioner. -Versus-

Md. Abdul Hye and others

--- Preemptee-Opposite Parties.

Mr. Subrata Saha, Advocate

--- For the Petitioner. Mr. Mohammad Kamal Hossain, Advocate

---For the opposite parties.

Heard on: 24.07.2023, 27.07.2023, 30.07.2023 and 08.08.2023.

Judgment on: 30.08.2023.

At the instance of the present preemptor-petitioner, Md. Abdus Samad, 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 only to show cause as to why the impugned judgment and order dated 28.06.1995 passed by the then learned Subordinate Judge, Court No. 1, Sherpur in the Miscellaneous Appeal No. 07 of 1994 reversing the judgment and order dated 07.02.1994 passed by the learned Assistant

Judge, Additional Court, Sherpur in the Preemption Case No. 425 of 1973 should not be set aside.

The rele