ALI AKBAR Vs. FARIJUDDIN

JUDGEMENT

(1.) The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored to its file and number on the strength of a Miscellaneous Case under Order 9, rule 4 of the Code of Civil Procedure in the face of efficacious remedy by way of appeal provided in the Code itself.

(2.) Propriety of an order dated 24-5-1987 recorded by learned Munsif (now Assistant Judge), Kachua, Chandpur in Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code of Civil Procedure restoring Miscellaneous Case No.4 (A) of 1986 laid under Order 9, rule 13 of the Code to its file and number on setting aside the order of dismissal for default dated 24-2-1987 is under challenge by petitioners in invoking this Courts Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure.

(3.) Facts essential and requisite for the purpose of answering to the question posed may succinctly be stated and noticed.