ABDUR RAHMAN Vs. MD SHAMSUL HUQ

JUDGEMENT

(1.) This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh in Miscellaneous Case No.13 of 2000 should not be set aside.

(2.) The opposite party No.1 as plaintiff instituted Title Suit No.136 of 1999 in the Court of the Senior Assistant Judge impleading the petitioners and opposite parties No.2-31 as defendants praying for a decree for permanent injunction restraining the defendants from dispossessing the plaintiff or his tenants or any other persons of the plaintiff or disturbing the plaintiffs peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary injunction which was ultimately allowed ex parte. The defendants then preferred Miscellaneous Appeal No.106 of 1999 before the learned District Judge, Mymensingh. The said appeal was dismissed for default on 12-1-2000 and thereafter the defendants filed Miscellaneous Case No.13 of 2000 under Order 41 rule 19 of the Code of Civil Procedure for re-admission of the appeal. Subsequently the defendant filed an application in Miscellaneous Case No.13 of 2000 for amendment of his application which was rejected by the learned District Judge by the impugned order dated 4-5-2000.

(3.) Being aggrieved thereby the defendants moved this Court and obtained the present Rule.