MASUMA BEGUM BOGRA Vs. MD. JAHIRUL ISLAM

JUDGEMENT

(1.) This rule has been issued calling upon the opposite party nos. 1-10 to show cause as to why the judgment and decree dated 14.07.2015 passed by the learned Additional District Judge, Meherpur, in Title Appeal No. 68 of 2014 and 71 of 2014 heard analogously, affirming the judgment and decree dated 22.10.2014 passed by the learned Senior Assistant Judge, Sadar, Meherpur, in Title Suit No.375 of 2013 decreeing the suit, should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper. Facts relevant for disposal of the rule are that opposite party no.1 herein as plaintiff instituted Civil Suit No. 375 of 2013 in the Court of learned Senior Assistant Judge, Meherpur, for declaration that decision of the technical evaluation committee dated 05.09.2013 declaring the defendant no.10 as substantially responsive bidder is illegal, collusive, fraudulent, liable to be set aside and memo dated 09.10.2013 issued by the defendant no.4 Pursuant to the aforesaid decision directing defendant no.1 to take necessary step to implement construction of girder bridge is also illegal, void, arbitrary and further declaration that the plaintiff is entitled to get work order as responsive bidder contending interalia that the plaintiff is a 1st Class contractor having experience in the field of constructing girder bridge and has been continuing his business with reputation since long; Defendant No.1 invited tender for construction of 175.15 meter RCC girder bridge on the river Bhairab through advertisement published in the national dailies; Plaintiff and defendant no.10 purchased tender schedule and both of them dropped tender within prescribed time. In the tender schedule it is specifically mentioned that: