ADMINISTRATOR, GAMMON BANGLADESH LTD. Vs. TOTA MIA

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number arising out of F.A.T. No. 176 of 1993 earlier discharged by the High Court Division.

(2.) The respondent No.1 as plaintiff instituted Money Suit No. 55 of 1987 in the Second Court of Subordinate Judge, Dhaka praying amongst other for a decree for realization of Tk. 5,86,701.66. The said suit was transferred to the 4th Court of Subordinate Judge, Dhaka and the suit was numbered as Money Suit No. 4 of 1990. The suit was for realization of money for supply of stones to the appellant. The defendant-appellant contested the suit by filling written statement denying the material allegations made in the plaint. The learned Court below on hearing both the parties decreed the suit in full against the appellant on contest with cost and interest until realization and the Court further attached the properties of the appellant conditionally.

(3.) The appellant preferred an appeal against the judgment and decree passed by the Court of Subordinate Judge, Dhaka being F.A.T. No. 176(F) of 1993 and the said appeal was filed 51 days beyond time. The appellant also filed an application under section 5 of the limitation Act, 1908 praying for condonation of delay and a Division Bench of the High Court Division by an order dated 27.4.1993 issued a Rule being Civil Rule No.117(F) of 1993 and the Court was further pleased to stay all further proceedings of Money Execution Case No. 4 of 1993 of the 4th Court of Subordinate Judge, Dhaka initially for 6 months by an order dated 26.8.1993 which was extended till disposal of the Rule by an order dated 18.8.1994.