ABDUL QUDDUS (MD) Vs. MD. MOBARAK HOSSAIN

JUDGEMENT

(1.) The defendant petitioner has filed Civil Petition Nos 571 and 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 passed by a Single Judge of the High Court Division in Civil Revision No. 645 of 1996 discharging the Rule, thereby affirming the judgment and order dated 9-3-96 passed by the Assistant Judge, Shahzadpur, Serajganj restoring Other Class Suit No.22 of 1987 dismissed for default, on an application filed by the plaintiff- respondent under section 151 of the Code of Civil Procedure.

(2.) Civil Petition No.597 of 1996 arises from the judgment and order of Single Judge of the High Court Division dated 28-8-96 passed in Civil Revision No.1827 of 1996 discharging the Rule after affirming the judgment and order dated 16-6- 96 passed by the Subordinate Judge, 1st Court, Serajganj in Miscellaneous Appeal No. 11 of 1988 refusing to vacate the order of temporary mandatory injunction arising from Other Class Suit No. 22 of 1987 of the Court of Assistant Judge, Shahzadpur, Serajganj.

(3.) The short point involved in civil petition No. 571 of 1996 is whether the suit which was dismissed for default for non-appearance of the plaintiff can be restored by filing an application under section 151 of the Code of Civil Procedure instead of filing a Miscellaneous case under Order 9 rule 9 of the Code of Civil Procedure.