Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, December 15, 2018 02:14:16 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

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. ...

Business & Economy »

In presence of Mohammed Monirul Moula, AMD of Islami Bank Bangladesh Limited, Abu Reza Md. Yeahia, DMD of the Bank and Dr. M. Easin Ali, Chairman of Dhaka City Physiotherapy Hospital, exchanging an agreement signing document at the Banks head office in the city on Wednesday. Under the deal, VISA and Khidmah Card holders of the Bank will get attractive discount in treatment services of the Hospital. Top officials from both the organizations were also present.


.

Cricket »

Malinga named captain for ODI, T20I series against New Zealand


Sri Lanka pacer Lasith Malinga, who until recently was out of favour with the selectors, has been appointed as the captain for the upcoming ODI and T20I series against New Zealand. He replaces Dinesh Chandimal, who led the side in the recently concluded ODI series and Thisara Perera, who captained ...

International »

US Senate votes to end support for Saudi-led Yemen war, blasts crown prince


The US Senate dealt President Donald Trump a double blow over Saudi Arabia on Thursday, approving a resolution to end US military support for Riyadh's war in Yemen, and another holding the Saudi crown prince responsible for the murder of Jamal Khashoggi.Though largely symbolic, the two bipartisan measures deliver a ...

International »

Islamic State not defeated, just transforming: Experts


Even as the last pockets of resistance in eastern Syria hold their ground, the Islamic State group is shapeshifting into a new, but no less dangerous, underground form, experts warn.Also known as ISIS, or the Islamic State in Iraq and Syria, the group had long been ready to cede the ...

Editorial »

Time to avail the golden opportunity to explore Japan`s rich market


BANGLADESH wants to explore the potentials of sending skilled workers to Japan as the country is likely to open its job market for foreign workers. The matter is likely to be raised at Foreign Secretary-level talks scheduled to be held on December 17 in Tokyo.Foreign Secretary M Shahidul Haque and ...

Editorial »

Involve the youths in decision making process


A RECENT survey rightly indicated that unified and quality education system for all is imperative to turn today's youth into skilled manpower for future Bangladesh. Ahead of the 11th National Election, the survey findings clearly echoed the youth voice who emphasised meritorious teacher recruitment at primary school to tertiary level ...

International »

Pompeo says journalist Khashoggi`s death still being probed


Reuters, Washington  :U.S. Secretary of State Mike Pompeo on Wednesday said investigations into the killing of Saudi journalist Jamal Khashoggi were still ongoing but that the United States would hold those found responsible accountable for his death.Pompeo's comments to Fox News echoed U.S. President Donald Trump's stance on the killing ...

Sports »

Memphis Grizzlies guard Mike Conley (11) drives against Portland Trail Blazers guard Damian Lillard in the first half of an NBA basketball game in Memphis on Wednesday.


.

Entertainment »

Chanchal, Shahnaz Khushi pair up in new TV serial


Sheikh Arif Bulbon :Viewers always enjoy the on screen chemistry between National Film Award winner actor Chanchal Chowdhury and popular TV actress Shahnaz Khushi. In their acted TV play or telefilm or faction play, there must have a message for the viewers. For this reason, viewers always show their keen ...

Editorial »

Outstanding performance of our farmers


FARMERS of Pirojpur district have successfully used marshlands to grow up paddy saplings which would help meet sapling shortage in the waterlogged areas during paddy cultivation. In the district, farmers devoid of sapling during the Boro season as most uplands, where Boro seedlings usually grew, have been used for cultivating ...

International »

France hunts gunman after three killed at Strasbourg Christmas market


AFP  :Hundreds of police hunted Wednesday for a gunman who shot dead three people and wounded 13, eight seriously, at a famed Christmas market in Strasbourg, on the French border with Germany.The attack took place Tuesday around 8 pm (1900 GMT) in the heart of the medieval city as the ...

City »

A faction of BFUJ and DUJ staged a demonstration in front of the Jatiya Press Club on Wednesday in protest against closure of 54 online news portal.


.

Cricket »

Mashrafe regrets not getting another 20-25 runs after loss


UNB, Dhaka :Bangladesh lost the second ODI of the three-match series on Tuesday at Sher-e-Bangla National Cricket Stadium to the Windies by four wickets. The hosts' captain Mashrafe Bin Mortaza regrets more 20-25 runs at the end of the match.Bangladesh posted 255 for seven wickets in the first innings after ...

Entertainment »

Priyanka Gope in discussion with her new song


Sheikh Arif Bulbon :It is mostly happened in case of many singers where despite having outstanding lyrics and mind blowing composition many songs do not hit among the music lovers. For this reason, many singers cannot create attention among the listeners. National Film Award winner singer Priyanka Gope has rendered ...

 
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