SALEHA BEGUM Vs. NISAR UDDIN

JUDGEMENT

(1.) Saleha Begum and four other plaintiff-petitioners have preferred this petition under Article 103 of the Constitution of People's Republic of Bangladesh seeking leave to appeal against the judgment and order dated 07.12. 2004 passed by a Single Bench of the High Court Division in Civil Revision No. 6491 of 2002 discharging the rule and awarding cost of Tk.10,000/- (ten thousand) against the plaintiff-petitioners.

(2.) The predecessor of the plaintiff-petitioners instituted Title Suit No. 46 of 1985 in the Court of the learned Assistant Judge, Lohagora, Narail and the suit was decreed ex parte on 26.02.1995. The respondent Nos.1 and 2 being the defendants in the suit filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte decree on the basis of which Miscellaneous Case No. 24 of 1995 was started and that during pendency of the aforesaid Miscellaneous Case the plaintiff filed a solenama purported to have been executed between the parties and prayed for dismissal of the Miscellaneous Case for non-prosecution and the learned Assistant Judge accordingly dismissed the Miscellaneous Case on 02.01.2002 for non-prosecution.

(3.) The respondent Nos.1 and 2 filed an application on 02.02.2002 before the learned Assistant Judge under Section 151 of the Code of Civil Procedure stating that they did not execute any solenama and that solenama filed before the Court was forged one and as such the Miscellaneous Case filed by them should be restored. The learned Assistant Judge after hearing the parties allowed the application setting aside the previous order dated 02.01.2002 and restored the Miscellaneous Case.