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2025 Supreme(BD)(SC) 976

Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam

First Appeal No. 405 of 2017 In the Matter of:

Memorandum of appeal from the original decree.

-and-

In the Matter of:

Alamgir and others.

.....Plaintiff-appellants.

-Versus-

Shalah Uddin and others

…...Defendant-respondents.

Mr. Md. Shamsul Haque Bhuiyan, Advocate

……. For the appellants. None appears.

.....For the respondents.

Heard on 22.10.2024, 18.11.2024 and Judgment on 25.11.2024.

Sheikh Abdul Awal, J:

This appeal at the instance of the plaintiff-appellants is directed against the judgment and decree dated 09.07.2017 (decree signed on 13.07.2017) passed by the learned Joint District Judge, Narsingdi in Civil Suit No. 89 of 2011 dismissing the suit exparte.

Material facts relevant for disposal of the Rule, briefly, are that the appellants as plaintiffs filed Civil Suit No. 89 of 2011 in


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the Court of the learned Joint District Judge, Narsingdi impleading the defendants praying the following reliefs:

Defendants entered appearance in the suit and filed written statements denying all the material allegations made in the plaint contending, inter-alia, that the suit is not

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