Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Monday, September 16, 2019 09:33:20 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Ex-parte Decree by Artha Rin Adalat

Section 5 of the Limitation Act will not Apply

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

High Court Division  :
(Civil Appellate Jurisdiction)

SM Emdadul Hoque J
Ahmed Sohet J
Islami Bank Bangladesh Limited and oters..............Plaintiffs-Appellants
Al-Mozadded Shipping Lines Co. and others.... Defendants-Respondents
Artha Rin Adalat Ain (VIII of 2003)
Section 19(2)
When facts are intentionally misrepresented or where a false statement is made intentionally, with the knowledge that it is false, with a view to deceive the other party, it is known as fraud. In the present case, it is clear that the respondents had knowledge of the ex-parte decree at least in the year of 2009, which is clearly suppression of facts and amounts to committing fraud upon the Court. ...... (44)
Limitation Act (IX of 1908)
Section 3
Section 3 of the Act, which confers a duty upon the Court to see as to whether the suit/application is filed within time or not even if the issue of limitation has not been pressed, the Court is legally bound to see and decide such issue in disposing of the matter before it. .. .... (35)
Limitation Act (IX of 1908)
Section 5
Under a special law where a time limit has been given to file an appeal, the provision of  Section 5 of Act will not apply and the Artha Rin Adalat Ain 2003, being a special law, the provisions of Section 5 of the Act will not  apply and therefore the application for restoration shall be rejected outright.     (36).
In judicial proceedings, once fraud is proved, all advantages gained by playing fraud can be taken away. Suppression of any material fact/document amounts to a fraud upon the court. ..........(43)
Bangladesh Development Bank Ltd vs Judge Artha Rin Adalat, Jessore, 66 DLR 1; Pubali Bank Ltd vs Bangladesh, 66 DLR 317; Maneka Gandhi v Union of India, AIR 1978 (SC) 597; Zillur Rahman (Md) vs Md Abdul Quiyum Sarker, 18 BLC (AD) 2--3; Janata Insurance Company Ltd vs Commissioner, Customs, Excise and VAT, Dhaka 18 BLC 562 and United India Insurance Co. Ltd vs Rajendra Singh, AIR 2000 SC 1165 ref.
Ahsanul Karim with Khairul Alam Chowdhury with Md Kabir Iqbal Hossain with Farzana Khan Advocates-For the Appellants.
Md Reza-e-Murshed Kamal, Advocate -For the Respondents.
Ahmed SoheI J : This First Miscellaneous Appeal filed by the appellant, Islami Bank Bangladesh Limited is directed' against the impugned order No. 10 dated 6-1-2012, under Section 19(2) of the Artha Rin Adalat Ain, 2003, passed by the learned Judge Artha Rin Adalat No.4, Dhaka in Miscellaneous Case No.1 of 2012 arising out of Artha Rin Suit No. 619 of 2008 allowing the Miscellaneous Case and thereby setting aside the exparte judgment and decree dated 22-3-2009 passed in Artha Rin Suit No. 619 of 2008.
2.    Facts necessary for disposal of the Appeal, in 'short, is that the present appellants as plaintiffs filed Artha Rin Suit No. 619 of 2008 in the Court of Artha Rin Adalat No.4, Dhaka (hereinafter referred to as Adalat) against the respondents  praying for a decree for recovery of outstanding loan of Taka 1,72,22461.
3.    The defendants of the Artha Rin Suit did not appear and contested the suit although summons were duly served upon them as per the report of the process server.
4.    The learned Judge, Artha Rin Adalat fixed the date on 22-3-2009 for ex-parte hearing of the Artha Rin Suit and on that date passed the ex-parte judgment and decree against the defendants which was drawn on 25-3-2009.
5.    In pursuant to the ex-parte decree the appellant as decree-holder filed application for execution before the Artho Rin Adalat No.4, Dhaka describing in the schedule both immovable property and cargo vessel to be sold in execution for realization of decreetal sum and was registered as Artha Jari Case No. l06 of 2009 and in due compliance of law got a certificate in its favour under Section 33(5) of Artha Rin Adalat Ain 2003.
6.    The decree-holder Bank published auction notice in the 'Daily Songram' and 'Dainik Amar Desh' to sell the mortgaged property fixing 13-4-2011 as the date of Auction. The Auction took place on the above date after completing all the formalities, delivery of possession of the Auction sold properties including the cargo vessel was completed and the decree-holder appellant Bank received the auction price in accordance with law.
7.    That on 11-1-2012 the present respondents, the defendants of Artha Rin Suit No. 619 of 2008 filed a Miscellaneous case No.1 of 2012, under Section 19(2) of the Artha Rin Adalat Ain 2003 before the Adalar Dhaka for setting aside the ex-parte judgment and decree dated 22-3-2009 (decree signed on 25-3-2009) and also prayed for restoration of the suit to its original file and number stating inter alia that summons were not served upon them properly and that they knew nothing about the suit as well as the decree until 1-1-2012.
 (To be continued)

Add Rate

News Archive

Inside The New Nation

Editorial »

They are byproduct of corrupt politics

MANY Chhatra League leaders often share on social media the Prime Minister's quote "let high principles and a simple way of living be your ideologies in life". She had said this to Bangladesh Chhatra League many a time. But the pro-AL student body's some leaders had other ideas.  BCL now ...

Football »

Rashford penalty edges Man United past Leicester

Marcus Rashford put the disappointment of a previous penalty miss behind him by scoring from the spot to give Manchester United a much-needed 1-0 win over Leicester at Old Trafford on Saturday.The result was also a personal triumph for United's £80 million ($99 million) defender Harry Maguire, signed from Leicester ...

International »

Former British PM Cameron slams Boris Johnson over Brexit

Former British prime minister David Cameron launched a blistering attack on the UK's current leader Boris Johnson in extracts of his memoirs published Sunday, accusing him of only backing Brexit to further his own career.He said Johnson, who took office in July, believed that campaigning for Britain to leave the ...

Entertainment »

Sushama as Draupadi on stage

Sheikh Arif Bulbon :Sushama Sarker is a versatile actress in both TV and theatre plays. She also got appreciation for acting in several numbers of movies. Since 2000 she has been attached with theatre group, Desh Natok. Under the banner of this group her performances in plays Jonomey Jonmantor, Birsa ...

Editorial »

Better find out a permanent solution

THE government has planned to build barbed wire fencing around the Rohingya refugee camps in Cox's Bazar due to increasing incidents of human trafficking. Following a proposal placed by Cox's Bazar police, the Parliamentary Standing Committee on the Defence Ministry in a meeting on September 4 agreed on the need ...

Cricket »

I always had the outswinger: Bumrah

He may have become as important to India's bowling as Virat Kohli is to their batting, but it's clear that Jasprit Bumrah doesn't have the flamboyance of his captain as yet. In these times, where cricketers wear their confidence, and at times arrogance on their sleeves, his shy persona, humble ...

Cricket »

I will support De Kock in any role he wants me to: Miller

Quinton de Kock possesses an "incredible cricket brain", feels senior batsman David Miller, who is ready to perform "any role" that the new South African white-ball skipper wants him to.Left-handed Miller along with De Kock and Kagiso Rabada form the core of a new-look South African limited overs set-up which ...

International »

EU citizens uneasy at UK’s Brexit ‘settlement scheme’

AFP, London :After days attempting to apply online to remain in the UK after Brexit, EU citizen Bina Gayadien was faced with the same message: her information was "insufficient".The Dutch lawyer, a UK resident for 20 years, is one of thousands discovering that the British government's system to process their ...

International »

Joe Biden weathers Democratic debate but uncertainty persists

Joe Biden did what he needed to - avoid major blunders - in the latest debate featuring the top Democrats in the 2020 race for the White House, but the frontrunner faced lingering doubts Friday about his ability to take on President Donald Trump.The centrist former vice president weathered sustained ...

Entertainment »

Alia Bhatt pulls off massive 70 kg dead lift

Alia Bhatt is one actress who is extremely focused, whether it is her career or fitness. Recently, Alia Bhatt's personal fitness trainer Sohrab Khushrushahi shared a video of her lifting 70 kg weight. In the video Alia was praised for her dedication and hard work by her fitness trainer.  Sohrab ...

Editorial »

Idle funds are not idle

ALTHOUGH the experts have presumed that hasty move to withdraw idle funds from the accounts of the state-owned bodies could pose risk of a liquidity crisis in private commercial banks, the media reported that Finance Minister AHM Mustafa Kamal ruled out the possibility of any such crisis. According to bankers, ...

Sports »

Shana wins gold in recurve men's singles

UNB, Dhaka :Bangladeshi archer Mohammad Rumon Shana has won gold in the recurve men's singles of the ongoing Asia Cup-World Ranking Archery Tournament (Stage-3).The 24-year-old beat Shi Zhengi of China by 7-3 set points in the final at Clark City in Philippines on Friday.On the way to the final, Shana ...

Entertainment »

Shahnaz Belly renders song for mother

Sheikh Arif Bulbon :Yesterday morning was something different for popular folk singer Shahnaz Belly because she rendered songs of baul legend Shah Abdul Karim in a programme of Bangladesh Television which was telecasted in the morning. After performing in the show the singer got positive response in Facebook. Belly informed ...

International »

Mugabe's family agrees to burial in 'heroes' monument

AFP, Harare :The family of former Zimbabwe leader Robert Mugabe have agreed to bury him at a monument for national heroes in Harare, a family spokesman said on Friday though the date for the ceremony was still unclear.Mugabe died in Singapore last week aged 95, leaving Zimbabweans torn over the ...

Editorial »

No more 'wait and see approach' to rein the errant party men

ELIYAS Numan, a Swechchhasebak League leader, was hacked and beaten unconscious by a group of Jubo League men in Mymensingh's Gafargaon on September 2. When the 28-year-old man regained consciousness after two days, he found his left hand amputated and bandages from the waist down. The brutal attack has left ...

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