Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, April 24, 2019 04:55:23 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Reopening the decree after disposal of the suit is illegal

By
11th-Aug-2018       
Comments
Share your thought
Post a comment »
Read all () »

(From previous issue) :
9. Such substituted service cannot be regarded as idle formality. The law intends it as a substitute to actual personal service. Moreover it appears from the record that the 'Dainik Ajker Chattagrami, in its issue dated 18-8-2007 and the 'Dainik Samachar' its issue dated 21-8-2007 published the notice regarding pendency of the aforesaid suit wherein the present petitioners were shown as defendants and it was stated that the instant suit is pending against them. It is relevant here to quote the special provision of serving notice upon the defendants in a Artha Rin Suit provided in Section 7(I) of the Artha Rin Adalat Ain which runs as follows:
“৭(১) আপাতত ঃ বলবৎ অন্য কোন আইনে যাহা কিছুই থাকুক না কেন, বাদী আদালতের  জারীকরক কর্ত"ক এবং প্রাপ্তি স্বীকারসহ রেজিষ্ট্রীকৃত ডাকযোগে প্রেরণের নিমিত্ত, আরজির  সহিত সমন জরীর জন্য সমুদয় তলবানা আদালত দাখিল করিবেন, এবং আদালত অবিলম্বে উহাদের একযোগ জারীর ব্যবস্থা করিবেন, এবং সমন ইস্যুর ১৫ (পনের) দিবসের মধ্যে জারী হইয়া ফেরত না আসে, অথবা তৎপূর্বেই বিনা জারীতে ফেরত আসে, তাহা হইলে আদালত উহার পরবর্তী ১৫ (পনের) দিবসের  মধ্যে বাদীর খরচায় যে কোন একটি বহুল প্রচারিতি বাংলা জাতীয় দৈনিক পত্রিকায়, এবং তদুপরি একটি স্থানীয় পত্রিকায়, যদি থাকে, এবং আদালত যদি ন্যায় বিচারের স্বার্থে প্রয়োজনীয় মনে করে, বিজ্ঞপিন প্রকাশের মাধ্যমে সমন জারী করাইবেন, এবং অনুরূপ জারী আইনানুগ জারী মর্মে গণ্য হইবে।
10. Aforesaid provision of service of notice in the Ain has been provided so that the defendants get information as to the pendency of the suit. Where substituted service was done by publication in the newspaper, the presumption of the service cannot be rebutted by making simple statement.
11. Moreso, these defendants did not take any step for gelling the exparte decree set aside. The petitioners filed the instant application under Sections 57, 6(5) of the Ain and under the provision of Order I, rule 10 of the Code of Civil Procedure. None of those provisions authorizes the Adalat to modify decree. Section 6(5) of the A in and order I Rule 10 of the Code have got no relevancy in connection with a disposed of suit.
It is true that no Court can be regarded as powerless to recall an order in an under trial case pending before it if it is convinced that the order is wangled through fraud or misrepresentation but pre-condition is that such proceeding must be pending before it. The Court must have jurisdiction over the proceeding before it can exercise any inherent power. The Adalat was not justified in resorting its power under Section 57 of the Ain to reopen the decree after disposing of the suit. The instant Artha Rin Suit has been disposed of exparte against the defendant Nos. 2(a) to (d) and on contest against the rest. Inherent power of the Adalat in Section 57 of the Ain should be exercised subject to the Ain that if the Ain does not contain specific provision which would meet the necessities of the provision should be followed and inherent jurisdiction should not be invoked. The Ain provides express provision against ex-parte decree to get the same set aside but the petitioners, without resorting to such procedure, in fact, made an attempt to get the decree modified bringing application under 57 of the Ain which is not permissible.
12. Since a competent court of law passed the decree against the petitioners who did not appear in the said suit for contesting the same, we are of the view that it is difficult for this Division to disturb the conclusion arrived at by the High Court Division.
13. Accordingly, we do not find any wrong in the judgment and order of the High Court division, which calls for any interference by this Division.
Thus, the petition is dismissed.

Tariff
Add Rate

News Archive

Inside The New Nation

Business & Economy »

Zarish Couture, an exclusive fashion house was inaugurated at house: 103, road: 13/A, block-C, Bananni in the city on Saturday. Farzana Rahman, Managing Director of the fashion house and Actor Siam Ahmed were also present.


Entertainment »

Sri Reddy writes an open letter to Chief Minister


Actress Sri Reddy who became a sensation for raising her voice against casting couch in Tollywood is back to making the headlines.  Sri Reddy, on Friday, wrote an open letter to K Chandrasekhar Rao, Chief Minister of Telangana and requested him to personally investigate about the sexual harassment that is ...

Entertainment »

Twitter user calls Priya Anand ‘bad luck’ for co-stars, actress hits back


Actress Priya Anand, who is popular for her roles in Telugu films 180, Ko Antey Koti and Leader, was trolled and called ‘bad luck’ for actors. Tamil actor JK Rithesh, who was recently seen in LKG, has passed away recently due to severe chest pain. Last year, actress Sridevi passed ...

National »

SIRAJDIKHAN (Munshiganj): Health Department, Sirajdikhan Upazila brought out a rally marking the National Nutrition Week yesterday .


International »

Probe shows Sri Lanka attacks 'retaliation for Christchurch': Govt


AFP :Islamist suicide bombings that killed more than 300 people in Sri Lanka at the weekend were carried out in revenge for last month's attacks on two mosques in New Zealand, the government said Tuesday, citing an initial police probe.The revelation came as the death toll in the Easter Sunday ...

Editorial »

Deadly gas pipe line blasts: Who will take responsibility?


THE gas line explosion that killed two garment workers and injured six others in a residential block in Narayanganj on early Monday is not an isolated incident, rather an explicit exposure of the danger of derelict, faulty and illegal gas connections and substandard gas burner uses. We observe that incidents ...

City »

Economist Debapriya Bhattachariya speaking at a media briefing on 'First One Hundred-Day of the Present Government: Independent Review of Bangladesh's Development' organised by CPD in CIRDAP Auditorium in the city on Tuesday.


Sports »

Houston Rockets guard Eric Gordon (10) defends against Utah Jazz guard Donovan Mitchell (center left) in the first half during Game 4 of a first-round NBA basketball playoff series in Salt Lake City on Monday.


Football »

Ronaldo '1,000 percent' with Juventus


Cristiano Ronaldo said on Saturday he is "1,000 percent committed" to staying with Juventus next season after claiming his first Serie A title.Massimiliano Allegri's side needed just one point to nail down its eighth straight league championship, which helped ease some of the pain of its shock Champions League exit ...

International »

Top Democrats leave open option of Trump impeachment after Mueller report


Reuters, Washington :Top congressional Democrats left the door open on Sunday to the impeachment of US President Donald Trump, but said they would first need to complete their own investigations into whether he obstructed justice in Special Counsel Robert Mueller's Russia probe.Some party leaders have cautioned against impeachment just 18 ...

National »

PIROJPUR: Floating Watermelon Bazar at Swarupkathi Upazila has gained momentum as the district has achieved bumper production of the summer fruit. This snap was taken on Monday.


Business & Economy »

SM Jaffar, DMD of Al-Arafah Islami Bank Limited (AIBL) and Azizunnessa Huq, Executive Director of Fintech Innovations International, UAE, exchanging an agreement signing document at the Bank's head office in the city Wednesday. Under the deal, AIBL becomes a subscriber of the digital platform "TradeAssets" which will enable AIBL to enhance its capabilities in reaching out to all foreign financial institution members of the platform, directly, with a view to executing trade finance related transactions instantly. Farman R Chowdhury, CEO of the bank and senior officials from both sides were also present.


Entertainment »

Ananya Panday is binging on between breaks


Ananya Panday who is making her debut with Student Of The Year 2, is ringing high on the excitement with her recently released song, The Jawani Song. The teen sensation is a web series maniac and the testimony of the same are the series that Ananya binge watches, stealing time ...

Editorial »

The debt cycle must end


IN disaster prone Bangladesh floods, erosions and landslides are considered much more devastating as they make more people shelter-less each year. Losing everything, the affected people borrow from money lending Mahajans, micro credit institutions as well as select NGOs in money lending business at high rates of interest to rebuild ...

Editorial »

CID man held with Yaba: Virus in the antidote


A CONSTABLE of Criminal Investigation Department and one of his associates were arrested with 990 Yaba pills from Savar on Thursday evening, some newspapers reported. The arrestees are Taijuddin, a constable of CID's Uttara Zone, and his associate Mofiz Mia, said Officer-in-Charge of Detective Branch of Police in Dhaka (North). ...

 
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