KADIR BUX BAIPARI Vs. ABDUL ALI FAKIR

JUDGEMENT

(1.) This is an appeal from the order of the Second Subordinate Judge of Mymensingh, dated the 24 of March 1908.

(2.) It appear that Kadir Baipari and others applied to the lower Court to set aside an ex parte order absolute for foreclosure on the grounds, (1) that no notice had been given to them, before the order absolute was made; (2) that the opposite party had been partly paid off by a set off; (3) that the opposite party had granted an extension of the period of grace by one month for the payment of the balance, and instead of waiting for the expiry of the extended period, had applied for and obtained an order absolute within the said period.

(3.) The lower Court has held on the authority of Bibi Tasliman V/s. Harihar Mahto 32 C. 253 that where an order absolute is made without notice it can be set aside upon a proper case being made out and that such a case has been set up in the second and third grounds. The lower Court has, however, decided that this case has not been made out and that therefore the order absolute cannot be set aside.