ORIENTAL BANK LTD. Vs. SITARA SIDDIQ

JUDGEMENT

(1.) At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing.

(2.) Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Additional District Judge 5th Court Dhaka, in dismissing Civil Revision No. 518 of 2004 and

(3.) Fact, in short, for the disposal of the Rule is that opposite party as plaintiff instituted Title Suit No. 209 of 2002 in the Court of the Joint District Judge, 5th Court, Dhaka, for declaration that she has no liabilities on account of Messrs Pan Asia Lines Ltd and a further declaration that she is entitled to get back her documents of properties as, described in the plaint. Further, she prayed for mandatory injunction against the present petitioner bank for giving delivery of the original documents to her. In this suit, the petitioner bank appeared and the suit came at the stage of pre-emptory hearing and deposition of the opposite party as plaintiff of Title Suit No. 209 of 2002 was recorded in part. In the meantime, petitioner bank on 6-3-2004 filed Artha Rin Suit No. 34 of 2004 in the Artha Rin Adalat, 4th Court Dhaka, against Messrs Pan Asia Carrier, SA Panama and some other foreign companies of Panama and Singapore including Messrs Pan Asia Lines Ltd. Thereafter, in Title Suit No. 209 of 2002 this petitioner filed a petition under section 10 read with section 151 of the Code of Civil Procedure to stay all the further proceedings of Title Suit No. 209 of 2002 till disposal of Artha Rin Suit No. 34 of 2004. The trial Court on 24-10-2004 heard the learned Advocates of both the parties and rejected the petition. Thereafter the petitioner preferred Civil Revision No. 518 of 2004 before the District Judge, Dhaka, which was heard by the Additional District Judge, 5th Court Dhaka, who by his judgment and order, dated 27-8-2005, rejected the civil revision against which the present petitioner moved this Court under section 115(4) of the Code of Civil Procedure and obtained the Rule.