Tuesday, June 27, 2017 04:36:15 AM
Appellate Division :
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Sheikh Sekander Ali and others .......Petitioner
Agrani Bank Limited and others ... ........ Respondents
April 13th, 2015.
Code of Civil Procedure (v of 1908)
Decree-The executing court cannot go beyond the decree. The decree was passed against the writ-respondent also and therefore, the executing court had no jurisdiction to strike out their names from the execution case. .. .... (5)
Abdul Motin Khashru, Senior Advocate with SN Goswami, instructed by Mahbubur Rahman, on-Record-For the Petitioners.
Nahid Sultana, Advocate-on-Record-For the Respondents.
Nazmun Ara Sultana J: This Civil Petition for Leave to Appeal is directed against the judgment and order dated 15-6-2014 passed by the High Court Division in Writ Petition No. 560 of 2014 making the Rule absolute.
2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are that the writ-respondent No. 6 M/s Commissioner Apparels Limited had availed credit facilities from the writ-petitioner-Agrani Bank Limited, but ultimately failed to repay the said loan amount as per stipulations and consequently the writ-petitioner Bank instituted Artha Rin Suit No. 4 of 2008 before the Artha Rin Adalat No.1, Dhaka for realization of outstanding loan amount of Taka 2,11,36,193.25. In that suit the present writ-respondent Nos. 2 to 5 also were impleaded as defendant Nos. 7 to 10 and the decree was passed against the also. The defendant Nos. 7 to 10 though prayed before the Artha Rin Adalat for striking out their names from the plaint, but the Adalat, on consideration of the facts and circumstances, rejected those prayers holding that they were necessary parties and were also responsible for repayment of loan. However, the said Artha Rin Suit was decreed on contest against the defendant Nos. 2 and 3 and defendant Nos. 7 and 8 and ex-parte against the rest.
Since the judgment-debtors did not pay the decreetal amount the decree holder bank filed Artha Execution Case No. 66 of 2012 for realization of the decreetal amount.
In that execution case the present writ-respondent Nos. 2 to 5 filed applications for striking out their names from the execution case and the executing court by the orders dated 15-11-2012 and 24-7-2013 allowed those applications striking out the names of those respondents from that execution case.
3. Being aggrieved by these orders the decree holder Agrani Bank preferred the above mentioned Writ Petition No. 560 of 2014 and obtained Rule.
A Division Bench of the High Court Division, after hearing both the parties, made that Rule absolute by the impugned judgment and order.
The High Court Division set aside the impugned orders striking out the names of the writ-respondent Nos. 2 to 5 from the execution case holding those orders illegal.
The High Court Division made observations to the effect that where the trial court, on consideration of the facts and circumstances and legal aspects found these writ-respondent Nos. 2 to 5 necessary parties in that Artha Rin Suit and therefore, rejected their prayer for striking out their names from the plaint and also decreed the suit against them and the executing court committed illegality and acted beyond its jurisdiction in striking out the names of these Writ-respondent Nos. 2 to 5 from the execution case.
4. Mr Abdul Motin Khashru, the learned Senior Advocate appearing for the leave-petitioners could not assail the above observations and findings of the High Court Division.
5. The above observation and findings, of the High Court Division is quite correct.
The executing court cannot go beyond the decree. The decree was passed against the writ-respondent Nos. 2 to 5 also and, therefore, the executing court had no jurisdiction to strike out their names from the execution case.
Evidently, there is no merit in this Civil Petition for Leave to Appeal and hence it is dismissed.
THE nation is set to celebrate EID-UL-FITR on Monday subject to sighting of the moon of Shawal. It is also known as the 'Feast of Breaking the Fast' through the whole month of Ramzan. Preparations are afoot throughout the country to end the fasting through festivities. Eid is an important ...
It was recently reported that Shah Rukh Khan will do a cameo in Ranbir Kapoor’s Jagga Jasoos, however contrary to the rumours it emerges that Shah Rukh Khan will not be seen in Anurag Basu’s musical adventure featuring Ranbir Kapoor and Katrina Kaif. Sources close to the film rubbishes the ...
AP, New York :Ivanka Trump must testify in a dispute with an Italian shoemaker over one of her company's shoe designs, a judge said Friday.U.S. District Judge Katherine Forrest rejected a request by the senior White House aide's lawyers that she be blocked from submitting to a deposition in the ...
AS the Eid-ul-Fitr is knocking the door, home-bound passengers are taking long journey on highways and using Railways and Waterways to reach families overnight. There is acrimonious scene all over and we must say the government must ensure discipline at critical places to avoid mishap. The weather is however good ...
Abdul Muqit Chowdhury :Iftar Mahfil has become a tradition in the Holy Ramzan. Such gathering, if it is a positive approach to contribute to fraternal relation in the society, is surely acceptable. Sharing the joy of fasting irrespective of social status and class is praiseworthy.This reflects allegiance to the Islamic ...
Alia Bhatt is all set to feature in Meghna Gulzar’s next, Raazi. The actress would be seen playing a Kashmiri girl marries to a Pakistani army officer in the espionage thriller. Raazi portrays the story of a Kashmiri girl married to a Pakistani army officer who would provide Indian intelligence ...
Reuters, Washington :U.S. Senate Republicans on Thursday unveiled their version of legislation that would replace Obamacare, proposing to kill a tax on the wealthy that pays for it and reduce aid to the poor to cut costs.With Democrats deeply opposed to Republican attempts to overhaul former President Barack Obama's signature ...
THE outbreak of mosquito borne diseases like a new type of fever called chikungunya, in addition to dengue fever in the city and elsewhere is causing additional concern to city dwellers and public health authorities how to protect people from this danger. People in most families in the city are ...
Abdul Muqit Chowdhury :The last Friday of the Holy Ramzan is called 'Zum'atul Wida'. It means 'departing Zum'a'. The musallies with due religious fervour join the Zum'a congregation and bid farewell to this month of patience and self-restraint. Al-Quran imposes obligation of the Friday prayer in the followingverses : "O ...
AFP, Colombo :Sri Lanka fast bowler Lasith Malinga faced an investigation Thursday after he compared a government minister to a monkey following criticism that the country's cricketers were too fat.Sports minister Dayasiri Jayasekera said he ordered an inquiry after Malinga lambasted him for questioning the endurance of Sri Lankan players ...
Jab Harry met Sejal’s first song Radha is out and it’s as refreshing as it can get. The song features Shah Rukh Khan and Anushka Sharma dancing to the tunes of Sukhwinder Singh and Sunidhi Chauhan on the streets. The peppy number with its foot tapping music and catchy lyrics ...
Entertainment Report :A reality show will be telecasted in five days of Eid holidays and its result will be announced during this time. This short-term reality show Rupantor is planned by Samia Rahman. She will moderate the show. She will select 30 university females among hundred students. Produced by Samia ...