M TARIQULLAH SIKDER Vs. SONALI BANK

JUDGEMENT

(1.) This FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under Order VII, rule 11 of the Code of Civil Procedure and formal decree framed thereunder.

(2.) It is stated that Sonali Bank as plaintiff filed Civil Suit No, 254/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat No. 1 as above. M Tariqullah as plaintiff filed separately TS No. 194/2002 in the court of Joint District Judge 3rd Court Dhaka to set aside aforesaid ex parte Judgment and decree passed by Artha Rin Adalat No. 1 in Artha Rin Suit No. 254 of 2002.

(3.) Sonali Bank as defendant appeared in TS No. 194/2002 and filed an application under Order VII, rule 11 of the Code of Civil Procedure for rejecting the plaint of above suit being barred under section 6 of Artha Rin Adalat Act, 1990.