ALHAJ MOHAMMAD SIRAJ-UD-DOWLA Vs. MOMINULLAH

JUDGEMENT

(1.) This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 11.05.2000 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No. 410 of 1998 rejecting an application filed under Order 7 Rule 11 of the Code of Civil Procedure should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper. The relevant facts of this case are that the present opposite party no.1 as plaintiff has filed a suit being Title Suit No.410 of 1998 in the Court of Subordinate Judge, 2nd Court, Dhaka for a declaration of title in the ka schedule land of the plaintiff and for a further declaration that the ex-parte decree dated 25.05.1996 passed in favour of the defendant No. 1 (present petitioner) in Title Suit No.213 of 1994 in respect of kha schedule land is illegal, void, fraudulent and not-binding upon the plaintiff.