SHAHABUDDIN Vs. ABU SAYED

JUDGEMENT

(1.) The plaintiff-respondent filed Title Suit No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court on 25.1.86, but the plaintiff failed to file any hajira nor took any steps. On 16.3.86 the plaintiff was directed to file deficit court fee by 4.4.86. The plaintiff having failed to do so the plaint was rejected by order dated 5.4.86.

(2.) On 18.4.87 the plaintiff filed an application under section 151 CPC for vacating the order dated 5.4.86 and for restoring the suit to file on the ground that owing to the LC records being misplaced and owing to the plaintiff's own indisposition, he could not take steps after 25.1.86 and the order of rejection of the plaint was passed without his knowledge. By order dated 11.5.87, the trial Court, although unable to take any firm decision as to the plaintiff s pleas, vacated the order dated 5.4.86 and restored the suit to its file on payment of Tk. 1000.00 as costs to defendant No, 1.

(3.) Defendant No. 1 unsuccessfully took a revision before the High Court Division, which took the view that the prayer of the plaintiff was allowed on proper appreciation of the matter on record.