MD. KAMAL UDDIN AKAND Vs. ARTHA RIN ADALAT

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 20.3.2007 of the High Court Division passed in Writ Petition No. 6930 of 2004 discharging the Rule obtained challenging the judgment and order dated 9.10.2004 of the First Court of Joint District Judge and Artha Rin Adalat, Gazipur passed in Artha Rin Cases No.70 of 2004 allowing the application filed by the plaintiff under section 13(1) of the Artha Rin Adalat Ain, 2003 of passing the judgment and decree on the basis of the admission of the defendant petitioner in his written statement, was allowed.

(2.) The respondent No. 2, as plaintiff, instituted the above case for realization of Tk.32,12,050/- on the averments the defendant, who is the proprietor of M/S Akand Poultry Complex, on 20.8.1995 took loan of Tk.13,90,000/- for making development of the said poultry complex and as per terms and conditions of the loan the defendant petitioner was required to repay the entire loan within 7.9.03 but he failed.

(3.) The defendant filed written statement on 19.08.04 contending that the suit is bad for want for cause of action and also for want of statements of accounts and claim of the plaintiff is based on false and fictitious claim. The suit was fixed an 15.9.04 for framing issue which was adjourned till 9.10.04 and on 16.09.04 the defendant filed and application under Order 26 Rule 11 of the Code of Civil Procedure for appointment of Advocate Commissioner to examine the accounts whereupon the plaintiff, on 15.9.2004, on the basis of the admission of the defendant petitioner in his written statement filed and application under Section 13(1) of the Artha Rin Adalat Ain 2003 for judgment and decree praying as follows: