MD. MIAH RAJA Vs. MD. IJAB UDDIN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 29.5.2007passed by a Single Bench of the High Court Division in Civil Revision No.1262 of 2005 discharging the rule.

(2.) The respondent Nos.1-121 and some predecessors of the respondents as plaintiffs filed Other Class Suit No. 23 of 1961in the court of the learned Subordinate Judge, Rangpur for partition of the suit land. The said suit was subsequently renumbered as Other Class Suit No.105 of 1998 and there was a compromise decree passed in the suit on 14.8.2002.Some of the plaintiffs of Other Class Suit No.15 of 2004 thereafter filed Miscellaneous Case No. 61 of 2002against the aforesaid decree by filing an application under Order 9 Rule 13 of the Code of Civil Procedure but the said Miscellaneous Case was dismissed. Thereafter Miscellaneous Appeal No. 51of 2003 was filed against the order of dismissal of the said Miscellaneous Case but this appeal was also dismissed by the judgment and order dated 14.2.2004.Thereafter Other Class Suit No. 15 of 2004 was filed before the Assistant Judge, Palashbari on 1.3.2004 praying for setting aside of the said compromise decree dated14.8.2002 in Other Class Suit No.105 of 1998. An application for staying the operation of the said compromise decree was also filed under the said suit. But the learned Assistant Judge by its order dated 5.6.2004 rejected the prayer for stay.

(3.) Being aggrieved the petitioners filed Civil Revision No.12 of 2004 before the learned District Judge, Gaibandha. Subsequently the learned Additional District Judge on transfer by its judgment and order dated 23.2.2005 allowed the revision and stayed the operation of the judgment and decree passed in Other Class Suit No. 105 of 1995 as stated above.