ABDUR ROUF KHAN Vs. JOBBAR ALI HOWLADER

JUDGEMENT

(1.) This application under section 115(4) of the Code of Civil Procedure calls in question the legality and propriety of the judgment and order dated 12.5.2010 passed by the learned Additional District Judge, 1st Court, Barisal in Civil Revision No. 72 of 2009 under section 115(2) of the Code of Civil Procedure disallowing the Civil Revision and thereby affirming the order dated 29.10.2008 passed by the learned Senior Assistant Judge, Hijla, Barisal in Misc. Case No. 11 of 2007 under order 39, Rule 2(3) CPC rejecting the application under Order VII, Rule n of the Code of Civil Procedure.

(2.) Relevant fact leading to the filing of the present Civil Revision under section 115(4) CPC is that while the Violation Misc. Case No. 11 of 2007 was in progress the defendant-petitioner filed an application under Order VII, Rule 11 read with section 151 of the Code of Civil Procedure for rejection of the violation misc. case before the learned Assistant Judge, Hijla, Barisal. The learned Assistant Judge, Barisal upon hearing the parties by his order No. 162 dated 29.10.2009 rejected the application on the finding that the violation misc. case is a Quashi Criminal Case in which the defendant Nos. 3-4 could not show anything that the violation case is barred by limitation.

(3.) In Revision, the learned Additional District Judge, 1st Court, Barisal by the impugned judgment and order dated 12.5.2010 disallowed the Revision and affirmed the order dated 29.10.2009 passed by the learned Assistant Judge, Hijla, Barisal on the main finding that in a violation misc. case the application under Order VII, Rule 11 of the Code of Civil Procedure does not lie. Mr. Md. Harunur Rashid, the learned Advocate appearing for the petitioners submits that both the Courts below erred in law in rejecting the application under Order VII, Rule n read with section 151 of the Code of Civil Procedure for rejection of the Violation Misc. Case No. 11 of 2007 without properly considering the facts of the case and the case made out by the petitioners and the same has occasioned failure of justice.