NARAYAN CHANDRA SAHA Vs. JATINDRA CHANDRA SAHA

JUDGEMENT

(1.) This Rule was obtained by the plaintiff against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as pro forma defendants No. 6 and 7 in suit.

(2.) The suit being Title Suit No.22 of 1982 was instituted in the court of 2nd Munsif at Brahmanbaria by the petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 and Nos. 5 to 7 who were defendants No.1 to 5 in the suit by filing two sets of written statements. The suit was dismissed on contest by the learned Munsif by his judgment and decree dated 29-12-84.

(3.) The petitioner preferred the appeal against the said decree before the learned District Judge at Brahmanbaria. The appeal was then transferred to the said court of Subordinate Judge at Brahmanbaria for disposal.