RIAZ UDDIN AHMED Vs. KHONDAKAR KHORSHED ALI

JUDGEMENT

(1.) The review petition under Article 105 of the Constitution is directed against the judgment and order of this Court dated 30th July, 2009 in Civil Petition for Leave to Appeal No. 1733 of 2008.

(2.) The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon.

(3.) The defendant No.1 contested the suit by filing written statement denying the claim made in the plaint and claiming the suit land by purchase and that he filed the Other Class Suit No. 142 of 1977 for correcting the record of right, since in the record the name of one Azim Munshi was shown as owner-possessor of 3.82 acres of land mistakenly, asserting, amongst others, that the plaintiff has no right, title and interest in the suit property.