MOSLEMA KHATUN Vs. ISHAQUE (MD)

JUDGEMENT

(1.) The appellants are defendant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspection by order dated. 11.11.86. Respondent No.1 who is defendant No. 5 in the said suit filed an application tinker section 115 of the Code of Civil Procedure complaining about certain part of the terms of local inspection. A Single Judge of the High Court Division, Dhaka heard the matter and by the impugned order dated 11 December 1986 allowed the application without giving the appellants any chance to oppose the same.

(2.) Leave was granted to consider whether the High Court Division was right in passing the final order without issuing any rule giving opportunity to the appellants to represent their case.

(3.) It appears that the respondent No.1 complained in his revisional application that the local inspection prayed for, inter alia, as to who had cultivated the suit land at present, who they were and who had been presently residing there, were matters to be decided upon evidence in Court and could not be a subject-matter of local inspection. The learned Judge of the High Court Division having found substance in the contention deleted only those portions from the points referred to for local inspection.