GANNYSONS LTDS Vs. SONALI BANK

JUDGEMENT

(1.) This review petition is against the judgment and order of this Court in Civil Appeal No. 43 of 1983.

(2.) In brief, the facts of the case are that the Sonali Bank, respondent No. 1, obtained a decree in Title Suit No. 249 of 1976 for foreclosure and sale of the mortgaged properties belonging to the appellant company and put it into execution in Title Execution No. 46 of 1980. Appellant-company appeared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors pf the appellant Company were not properly served with notice and that had, therefore, no knowledge of the aforesaid title suit. As a result, they did not appear in the suit. Also the Government which was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in the execution case was stayed till October 20, 1981. In Writ Petition No. 720 of 1981 a Rule was issued at the instance of the appellant company on October 20, 1981. But it abated on 24 March 1982 after the Proclamation of Martial Law.

(3.) In Miscellaneous Case No. 958 of 1981 which was filed by the appellant Company under section 47 of the Code of Civil Procedure its prayer against the execution of the decree obtained in Title Suit No. 249 of 1976 was disallowed by the Court. The appellant Company's appeal against this order was dismissed by the High Court Division on 9 November 1982. The appellant Company, being aggrieved, moves this Court and succeeded in having the appeal against the order of the trial Court rejecting their objection under section 47 of the Code of Civil Procedure allowed.