GOPINATH DAS Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This rule was issued at the instance of the plaintiffs calling in question the judgment and order dated 11.3.2008 passed by the joint district judge, , 3rd Court, Dhaka in Misc. Case No. 30 of 2007 under Order IX rule 13 of the Code of Civil Procedure (the Code for short) setting aside a decree passed ex parte in Title Suit No. 724 of 1985.

(2.) The case, technically though, concerns nothing more than a question of legality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint.

(3.) The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule B of the plaint which forms part of 7.25 acre land in mauza Sahar Dhaka (latterly Mauza Ramna). The land appertaining to the suit khatian originally belonged to one Gobinda Chanra Basak, shortly, GC Basak. His name was initially shown in the CS record as gamZvwaKvix out of mistake. Later by a correction case No. 24 of 1918 under section 198A of Bengal Tenancy Act his right was recorded as owner-in-possession. G C Basak settled 5.18 acre agricultural land out of the land of said khatian with Gowranga Chandra Das, the original plaintiff and one Md. Noor Hossain, his benamdar by an amalnama executed on 24rh Falgun, 1339 BS which is covered by CS plot Nos. 36, 40, 47, 48, 52 and 82 as described in schedule B at an annual rent of Tk. 57/-.