Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Tuesday, December 18, 2018 12:03:06 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Depositing balance consideration in court is mandatory for filing suit

Share your thought
Post a comment »
Read all () »

Appellate Division

Md Abdul Wahhab Miah J
Md Imman Ali J
AHM Shamsuddin
Choudhury J

Abdul kalam (Md)
Md Mohiuddin and
................. Respondents*
May 19th, 2015
Code of Civil Procedure (V of 1908)
Order VII, rule 11
Specific Relief Act (I of 1877)
Section 21A(b)
The deposit of the balance consideration of the contract before filing -a suit for specific performance of the contract is a condition precedent and that having not been done in the case, that suit was barred under section 21A(b) of the Act. The plaint was liable to be rejected under Order VII, rule 11 of the Code. . ..... (8)
Khair Ejaj Masud, Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner.
Habibul Islam Bhuiyan. Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1.
Md Abdul Wahhab Miah J : This petition for leave to appeal has been filed by the plaintiff against the judgment and order dated the 19th day of May, 2010 passed by a Single Bench of the High Court Division in Civil Revision No. 5887 of 2007 discharging the Rule.
2. The petitioner as the plaintiff filed Other Suit No. II of 2006 in the Court of Joint District Judge, 1st Court, Kishoregonj for specific performance of the contract.
3. Respondent No. I got him added as defendant No.2 and filed an application therein under Order VII, rules II of the Code of Civil Procedure for, rejection of the plaint mainly on the ground that the suit was barred under provision of section 17B of the Registration Act, 1908 and section 21A of the Specific Relief Act, 1877.
4. The application was objected by the plaintiff by filing written objection. The learned Joint District Judge by his order dated 30-9-2007 rejected the application. Against the order of the learned Assistant Judge, the defendants filed Civil Revision No 5887 of 2007 before the High Court Division and obtained the Rule.
5. A Division Bench of the High Court Division by the impugned judgment and order made the rule absolute, set aside the order passed by the learned Joint District judge and rejected the plaint, hence this petition for leave to appeal.
6. Heard Khair Ejaj Masud, learned Advocate, for the petitioner and Habibul Islam Bhuiyan, learned Advocate, who entered caveat on behalf of respondent No. 1 perused the order of the learned Joint District Judge as well as the impugned judgment and order.
7. The High Court Division rejected the plaint relying on section 21A(b) of the Specific Relief Act, in short, the Act which has provided that no contract for sale of any immovable property can be specifically enforced unless the balance amount of consideration of the contract is deposited in the Court at the time of filing the suit for specific performance of the contract (emphasis supplied). The High Court Division also noticed that the suit was instituted on 2-4-2006 long after coming into force of the amended provision of section 21A(b) of the Act, and "the balance amount of consideration of the impugned contract for sate was not deposited in the Court at the time of filing of the suit rather it is during pendency of the suit and long after one year five months and 28 days , i.e. on 30-9-2007 the balance amount of Taka 2(two) lacs was deposited before the Court with its permission."
8. We have considered the provision of section 21 A(b) of the Act. The language of the section is so unambiguous that it does not require any interpretation to come to conclusion that in case or failure of depositing the balance amount at the time of filing the suit or specific performance of the contract, the suit cannot be maintained. Even then, from the impugned judgment and order, it appears that the High Court Division considered various decisions of this Court and of the Indian jurisdiction and came to the finding that the deposit of the balance consideration of the contract before filing a suit for specific performance of the contract is a condition precedent and that having not been done in the instant case, that suit was barred under the provision of section 2IA(b) of the Act. Therefore, the plaint was liable to be rejected under Order VII, rule 11 of the Code of Civil Procedure. We find no error with the view taken by the High Court Division in view of the language used in section 21 A(b) of the Act.
9. However, it appears that with the permission of the Court, the plaintiff deposited the balance consideration of Taka 2,00,000 of the contract. Therefore, we direct the trial Court to return the said amount to the plaintiff without any delay.
With the above direction, the petition is dismissed.

Add Rate

News Archive

Inside The New Nation

Entertainment »

Ankhi Alamgir enthrals Kolkata audience

Entertainment Report :   In the beginning of current year popular singer Ankhi Alamgir performed in Utsab at Jodhpur Park in Kolkata. In the meantime, she also went to Kolkata for several times. On December 14, she got the opportunity to perform as a leading singer of Bangladesh at outdoor pool ...

Business & Economy »

Choudhury Atiur Rasul, Chief Financial Officer of Agricultural Marketing Company Limited (AMCL), a sister concern of PRAN Group, receiving the 'ICMAB Best Corporate Award-2017' in the Miscellaneous Manufacturing Category from Finance Minister Abul Maal Abdul Muhith, at a programme held at a hotel in the city on Saturday. Dr. M Khairul Hossain, Chairman of Bangladesh Securities and Exchange Commission and Suvod Kumar Karn, President of South Asian Federation of Accountants were also present.


Cricket »

Shakib Al Hasan plays a shot during the first Twenty20 International match between Bangladesh and West Indies at Sylhet International Cricket Stadium on Monday. Shakib scored 61 runs.

Cricket »

Fizz moves to top five in ODI rankings

Mustafizur Rahman has made a big leap to enter into the top five ranks of ICC ODI bowling rankings. Other Bangladeshi players have also made progress in the rankings after the end of Bangladesh-Windies ODIs.The Fizz moved five places to no.5 in the rankings. He has career-best 695 points against ...

Editorial »

Dhaka must involve ASEAN nations for early Rohingya repatriation

MALAYSIAN Prime Minister Mahathir Mohamad on Sunday asked the ASEAN nations to take tough measures for creating pressure on Myanmar and its de facto leader Aung San Suu Kyi to end atrocities against the Rohingya Muslims. More than 720,000 Rohingyas have fled Myanmar's strife-torn Rakhine State to Bangladesh since August ...

International »

Indian troops enforce lockdown to foil Kashmir public march

AP, Srinagar :Soldiers and police fanned out across Indian-controlled Kashmir on Monday to enforce a security lockdown for a second straight day to stop anti-India protests and foil a call by separatists for a march toward India's main military garrison in the disputed region.Government forces patrolled streets in the region's ...

Cricket »

Sri Lanka 275-9 at stumps on day 1, 1st Test vs New Zealand

AP, New Zealand :Tim Southee took 5-67 as New Zealand exploited an influential toss to contain Sri Lanka to 275-9 Saturday on the first day of the first cricket Test at the Basin Reserve.A late unbeaten half century by wicketkeeper Niroshan Dickwella helped swing the day a little in Sri ...

Football »

Salah retains BBC African Footballer of the Year award

Liverpool and Egypt striker Mohamed Salah has capped a sparkling 2018 for club and country by winning the prestigious BBC African Footballer of the Year Award for the second time in a row."It's a great feeling to win again. I'm happy and I would like to win it also next ...

Entertainment »

Soundarya Sharma is going to have an exceptional time this festive season

Actress Soundarya Sharma who made her stellar debut in Ranchi Diaries, a Comedy thriller film, and got a thumbs up from the critics and audience and awarded as the ‘Best Debutante’ at Jharkhand international film festival 2018. She was nominated for the ‘Best Female Debutante’ by Zee Cine Awards 2018 ...

Entertainment »

Ishana in four plays under same director’s direction

Sheikh Arif Bulbon :Popular TV actress of present time Ishana Khan has worked in four faction plays under same director's direction. She has finished shooting of these four plays under Satirtho Rahman Rubel’s direction. Shooting of these plays took place in Darjeeling from November last week to December first week. ...

Editorial »

No room for self-satisfaction, success needed in other fields too

THE nation celebrates the 48th Victory Day today amid festivity. Today, the nation will remember its glorious historical achievement earned through a nine-month war against Pakistan Occupation Forces in 1971. The nation will recall today, Bangladesh was born as an independent country under the leadership of Father of the Nation ...

International »

Australia recognises west Jerusalem as capital of Israel

Australia now recognises west Jerusalem as Israel's capital, Prime Minister Scott Morrison said Saturday, but a contentious embassy shift from Tel Aviv will not occur until a peace settlement is achieved.Canberra became one of just a few governments around the world to follow US President Donald Trump's lead and recognise ...

International »

Trump taps budget head Mulvaney as acting chief of staff

Donald Trump announced Friday that his budget director Mick Mulvaney will step in as acting chief of staff to replace John Kelly - amid indications the president is struggling to fill the key post.Trump, whose presidency is increasingly embroiled in legal troubles, announced earlier this month that Kelly, a former ...

City »

BNP candidate of Dhaka-8 constituency Mirza Abbas speaking at a prèss conference at his residence in the city on Saturday in protest against attack on his electioneering in the city's Segunbagicha area.

Entertainment »

Mim`s new movie Thai Curry

Sheikh Arif Bulbon :End of this year is becoming something new for the National Film Award winner actress Bidya Sinha Saha Mim. At the end of this year, she has started shooting of a new movie. Now she is staying in Bangkok to take part in shooting of the movie. ...

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
Write a comment to this news