Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, August 18, 2017 04:59:01 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

The Executing Court cannot go beyond the decree

By
18th-Mar-2017       Readers ( 967 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

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.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Weak construction of highways and public safety


MOST of the national highways and local roads are severely battered now by torrential recent rains, floods and from lack of regular maintenance. They are in a dilapidated condition - much to the worries of holidaymakers ahead of Eid-ul-Azha. The pothole worries not only linked to unrelenting jams resulting from ...

Cricket »

Sri Lankan Cricket President Thilanga Sumathipala (left) speaks as Chief Selector Sanath Jayasuriya watches during a media briefing ahead of the One-Day International cricket match series against India in Colombo, Sri Lanka on Wednesday.


Entertainment »

Kriti Sanon unleash her Bitti avatar


'Bareilly Ki Barfi' is undoubtedly one of the most awaited films of the year. The refreshing and pleasing storyline has got everyone hooked to witness the drama that unfolds in this small town set film. What has got everyone intrigued is the lead character of the film, 'Bitti'. As we ...

International »

Flood marooned people in Indian states, eases in Nepal


AP, Lucknow :Monsoon flooding is easing in Nepal, but the water flowing downriver has worsened floods in northern India and marooned thousands of villagers across the border, officials said Thursday.The existing flood situation was aggravated in Uttar Pradesh state after three rivers became swelled with the waters from Nepal, said ...

City »

BNP Secretary General Mirza Fakhrul Islam Alamgir speaking at a discussion marking 18th death anniversary of former Secretary General of BNP Barrister Abdus Salam Talukder at a function organised by 'Barrister Abdus Salam Talukder Smrity Sangsad' at the Jatiya Press Club on Thursday.


Editorial »

Even people from West Bengal are coming for shelter


THE flood situation is aggravating as the water levels in major rivers and their tributaries in the north and northeast are still rising or not showing enough sign of slow down. Government has ignored flood warning only to be caught unguarded by scarcity of arrangement to save affected people. Over ...

International »

Fears for 600 still missing in Sierra Leone floods


AFP, Srinagar :Indian and Chinese troops clashed briefly on a disputed area of land in the Himalayas, officials said Wednesday, exacerbating tensions during a months-long standoff between the two armies.Chinese troops threw stones at Indian soldiers near Pangong Lake, a major tourist attraction in the picturesque mountain region of Ladakh ...

Sports »

Thailand's Rojnaree Taweechai (right) battles for control the ball with Indonesia's Ivy Nernie Priscilla at the women's water polo round robin during South East Asian Games in Kuala Lumpur, Malaysia on Wednesday.


Entertainment »

Shabnam on her birthday


Entertainment Report :Today is the birthday of legendary film actress Shabnam. Last year she lost her husband noted music composer and director Robin Ghosh. After losing husband Shabnam has been passing lonely days. Her only son Roni Ghosh most of the time stays outside the country due to his professional ...

City »

Bangladesh Awami League organised a memorial meeting on the occasion of the National Mourning Day and 42nd martyrdom anniversary of Bangabandhu Sheikh Mujibur Rahman at the Bangabandhu International Conference Centre in the city yesterday.


City »

Participants at the prayers session at Dhakeshwari Jatiya Mandir on Tuesday on the occasion of National Mourning Day.


.

Football »

Thailand`s Chaiyawat Buran (left) celebrates after scoring a goal against Indonesia during the soccer match at the South East Asian Games in Shah Alam, Malaysia on Tuesday.


.

Editorial »

Permission for industries around Sundarbans breaks govt own rules


THE government decision to allow industries and legalize existing ones in the Ecologically Critical Area (ECA) around Sundarbans clearly shows that it is compromising the sensitive issue to pressure from powerful quarter inside and outside the country. The move came at a time when UNESCO has asked the government to ...

Entertainment »

Tania, Sweety, Mou for first time in Eid serial


Sheikh Arif Bulbon :In the beginning of 90s, friendship among Mou, Tania and Sweety started. Till now they have a good friendship. For this reason, during taking part in shooting they took part in open discussion with each other. These three friends for the first time worked together in an ...

International »

Conflicts in Syria, Iraq far from over despite IS setbacks


AFP, Baghdad :Despite the recapture of swathes of territory from the Islamic State group, the conflicts in Iraq and Syria are far from over as their governments face major political challenges, experts warn.In July the jihadists lost control of Iraq's second city Mosul in a major setback three years after ...

 
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