Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, February 24, 2018 05:54:44 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

The Executing Court cannot go beyond the decree

By
18th-Mar-2017       
Comments
Share your thought
Post a comment »
Read all () »

Appellate Division  :
(Civil)
Surendra Kumar Sinha J     
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Sheikh Sekander Ali and others .......Petitioner
vs
Agrani Bank Limited and others ... ........ Respondents
Judgment
April 13th, 2015.
Code of Civil Procedure (v of 1908)
Section 2(2)
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.
Judgment
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.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Indian Army Chief`s allegation means complicity of government of Bangladesh


REMARKS by Indian Army Chief, Gen. Bipin Rawat on Thursday that a 'planned influx' of people from Bangladesh into India's north-east is underway as part of a proxy war by Pakistan with support from China, so to keep the area disturbed. Moreover, he also said migration from Bangladesh are happening ...

Sports »

Bronze medalist in the women`s Big Air snowboard Synnott Zoi Sadowski of New Zealand, poses during the medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea on Thursday.


.

Entertainment »

Priyanka Chopra terminates contract with Nirav Modi, not suing him yet


Priyanka Chopra has decided to cut ties with billionaire diamond trader Nirav Modi's brand following the news about the alleged banking fraud carried out by him. "In the light of recent allegations, Priyanka Chopra has chosen to terminate her contract with the Nirav Modi brand," a spokesperson of Priyanka, who ...

City »

BNP Standing Committee Member Barrister Moudud Ahmed speaking at a protest rally organised by Khaleda Zia Mukti Parishad at the Jatiya Press Club on Friday demanding release of BNP Chairperson Begum Khaleda Zia.


.

International »

Ex-Trump campaign associates face more charges


AP, Washington  :Dramatically escalating the pressure and stakes, special counsel Robert Mueller filed additional criminal charges Thursday against President Donald Trump's former campaign chairman and his business associate.The filing adds allegations of tax evasion and bank fraud and significantly increases the legal jeopardy facing Paul Manafort, who managed Trump's campaign ...

Front Page »

Amnesty accuses President Trump of HR violations


Human rights group Amnesty International has accused Donald Trump of "hateful" politics and of being a threat to human rights. "President Trump takes actions that violate human rights at home and abroad," the group said. Amnesty put Mr Trump in the same group as the leaders of Egypt, Russia, China, ...

Editorial »

Serving people not making money must be the motto


PHYSICIANS must provide treatment, President Abdul Hamid said to common people at affordable cost so that no one remained deprived of receiving treatment for lack of money. He made the call while addressing the third convocation of Bangabandhu Sheikh Mujib Medical University in the city on Monday. He has also ...

Sports »

Karolina Pliskova of Czech Republic celebrates after she beats Carla Suarez Navarro of Spain during the Dubai Duty Free Tennis Championship in Dubai, United Arab Emirates on Wednesday.


Entertainment »

Alicia Vikander loves `big adventure films`


Oscar-winning actress Alicia Vikander said she loves "independent and arthouse" cinema, but is also attracted towards the big adventure films.The actress, who will be soon seen as Lara Croft in the forthcoming film 'Tomb Raider', also shared that she found training and muscle-building exercise for the role, empowering. "My mother, ...

International »

Merkel calls for Europe to step up to global challenges


Reuters, Berlin  :The European Union must develop a response to growing global political and economic pressures and this will be the spirit of an EU summit this week, German Chancellor Angela Merkel said on Thursday.Merkel pointed to the crisis in Syria and the growing importance of Asian economies as needing ...

City »

SNAPSHOTS ON AMAR EKUSHEY OBSERVANCE


Editorial »

Ekushey tells us to be free and fearless against injustice


THE Nation celebrates 'Amar Ekushey' today with due solemnity and colourful festivities to remember the Martyrs of the 1952 Language Movement. It is a landmark occasion and a day of awakening in the history of Bengali people that gave us the clear realization that we have our own language and ...

Cricket »

Captain of Bangladesh National Cricket (ODI) team Mashrafe Bin Mortaza handing over a crest of honour to Hafiz Yasin Arafat at the Bashundhara International Convention Centre in the city recently. Yasin Arafat became Hafiz-e-Quran in 86 days. He was a student of Tanjimul Ummah Hifz Madrasah of Cox's Bazar. Ahlul Huffaz Foundation Bangladesh arranged the reception programme.


Sports »

Medalists in the ice dance, free dance figure skating (from left) : Gabriella Papadakis and Guillaume Cizeron, of France (silver), Tessa Virtue and Scott Moir of Canada (gold) and Maia Shibutani and Alex Shibutani of the United States (bronze) pose during their medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea on Tuesday.


International »

Trump backs improved background checks on gun buys


US President Donald Trump signaled support Monday for improving background gun checks amid mounting pressure for reform in the wake of the Florida school shooting, as the accused gunman appeared in court.Nikolas Cruz, charged with killing 17 people, sat silently with his head bowed during a procedural hearing in Fort ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news