GOVERNMENT OF BANGLADESH Vs. MD. KOBAD ALI

JUDGEMENT

(1.) This appeal, at the instance of defendant No. 1, is directed against a summary rejection of an application under section 115(1) of the Code of Civil Procedure.

(2.) Plaintiff-respondents' Title Suit No. 194 of 1973 in the Court of Munsif, 1st Court, Pabna for declaration of title and confirmation of possession was dismissed by the trial Court. On appeal that suit was decreed on 4th April, 1983. Defendant 1, the Government, filed a revisional application on 10th August, 1983 before the High Court Division. Finding the application filed 21 days beyond the period of limitation"the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh to file an affidavit disclosing the name of the person responsible for the delay. As the supplementary affidavit, affirmed by a dealing assistant of the office of the Deputy Commissioner, was found as not satisfactory the learned Deputy Attorney-General was asked to furnish another affidavit affirmed by the Additional Deputy Commissioner (Rev), Pabna "to specifically explain the delay and identify the delinquent in causing such delay". The affidavit, affirmed by the Additional Deputy Commissioner (Rev), Pabna, disclosed that the delay was caused by the Assistant Government pleader and the Government Law-clerk. The learned Single Judge of the High Court Division refused to condone the delay and summarily rejected the revisional application.

(3.) On behalf of the appellant it is contended that as no period is prescribed by law for filing an application under section 115 of the Code and as the delay in the matter was explained the High Court Division erred in law in refusing to exercise its jurisdiction vested in it by summarily rejecting the application on the ground of limitation. Reliance is placed in this regard on Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 9716 DLR (SC) 155 wherein Kaikaus J., observed: