M. TOFAZZAL AHMED Vs. JASHIM UDDIN HAYDAR FARUQUE

JUDGEMENT

(1.) The petitioner seeks Leave to Appeal against the judgment and order dated 30.08.2005 passed by the High Court Division in Civil Revision No. 51 of 2004 making the Rule absolute setting aside the judgment and order No. 16 dated 30.10.2003 passed by the Additional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No. 276 of 2002 affirming of those dated 30.09.2002 passed by Waqf Administrator, Dhaka in E.G. Case No. 16832/ Chittagong.

(2.) The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appointed Tofazzal Ahmed, Mutawalli Secretary of Waqf Estate and constituted and approved 13 member committee for 5 years.

(3.) Against which order Miscellaneous Appeal No.276 of 2002 was preferred by Jashimuddin Earuquee in the Court of District Judge, Chittagong. The Additional District Judge, Chittagong, after hearing the appeal on transfer to him has rejected the memo of appeal under Order VII Rule 11 of the Code of Civil Procedure. Against the said order of rejection of appeal, a revisional application was filed by the petitioner.