MOST. JUBEDA KHATUN Vs. MD. KHUDA BOX

JUDGEMENT

(1.) Delay of 04 days is condoned.

(2.) This petition for leave to appeal is directed against the judgment and order dated 24.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 4787 of 1997 discharging the Rule.

(3.) Short facts are that the plaintiffs instituted Partition Suit No. 29 of 1986 in the Court of Munsif (now Assistant Judge), Ghatail, District-Tangail for partition of ejmali property. The suit was decreed ex-parte on 28.09.1989.Thereafter, and the defendant-petitioners filed an application under Order IX Rule XIII of the Code of Civil Procedure to set aside the ex-parte decree. On the ground that summons of the original suit was not served upon the defendant and the plaintiff managed a false report of the process server in respect of service of summons and by practicing fraud upon the Court obtained the ex-parte decree in question on 28.09.1989.The application was registered as Miscellaneous Case No. 57 of 1989.