S. RAHMAN & COMPANY LIMITED Vs. UCBL

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 11.01.2004 passed by the High Court Division in Writ Petition No.2727 of 2000 making the Rule absolute preferred against judgment and order dated 21.01.1996 passed by the Artha Rin Adalat, First Court, Chittagong in Mortgage Suit No.33 of 1991 for removing errors of the final decree not done in accordance with the preliminary decree.

(2.) The facts, in short, are that the respondents and the United Commercial Bank Limited preferred the above Writ Petition No.2727 of 2000 under Article 102 of the Constitution of the People's Republic of Bangladesh before the High Court Division and on hearing on the 21st day of May, 2000 the High Court Division was pleased to issue Rule Nisi calling upon the respondents petitioner to show cause as to why the impugned order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may seem fit and proper. The High Court Division was also pleased to stay further proceedings of Mortgage Suit No.33 of 1991 pending before the Artha Rin Adalat, Chittagong.

(3.) In the meantime the petitioner appeared in the above matter (Writ Petition No.2727 of 2000) by filing power through their respective lawyer and ultimately on 11.01.2004 by judgment and order passed by another Division Bench the Rule issued was made absolute.