SHAFIQUR RAHMAN Vs. BANGLADESH JATIYA SAMABAYA BANK

JUDGEMENT

(1.) This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985.

(2.) It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in Money Suit No. 13 of 1956 against the petitioner and another.

(3.) Decree-holder started unsuccessfully Money Execution Case No. 8 of 1957 on 12-06-58; Money Execution Case No. 2 of 1960 on 15-03-60; and Money Execution Case No. 10 of 1966 on 12-12-66. Money Execution Case No. 10 of 1966 was dismissed for default on 17-12-68. Order of dismissal was, however, set aside by the executing Court vides its order dated 15-02-69. Said order setting aside the order of dismissal was set aside by this Division on 26-04-7 6 in Civil Revision No. 309 of 1967 and the order of dismissal of the execution was confirmed. Thereafter, in Civil Appeal No. 30 of 1980, the Appellate Division by order dated 09-09-80 upheld the order of Subordinate Judge restoring the execution Case under section 151 of the Code of Civil Procedure and set aside the order of this Division dated 26-04-76 dismissing Money Execution Case No. 10 of 1966, and restored the execution Case to its file and number.