Answer of the question of 2009 (Revision)
Pending hearing of the Rule Your Lordships would
graciously be pleased to stay all further
proceedings of the Judgment and Order dated
19.06.09.
DISTRICT: Dhaka
IN THE
SUPREME COURT OF BANGLADESH
HIGH COURT
DIVISION
(CIVIL
REVISIONAL JURISDICTION)
CIVIL REVISION NO. OF
2009.
IN
THE MATTER OF :
An application under
Section 115(1) of the
Code of Civil Procedure.
And
IN THE MATTER OF
Zafar
son of,
Village:
Police Station:
District: Dhaka.
And
IN THE MATTER OF
Zafar
son of,
Village:
Police Station:
District: Dhaka.
........ Plaintiff/Petitioner.
-Versus-
Rahman
-Versus-
Rahman
son of,
Village:
Police Station:
Village:
Police Station:
District:
Dhaka
......... Defendant-Appellant.
And
IN
THE MATTER OF :
Judgment
and Order dated 19.06.09 passed by
the Joint District Judge, 2nd Court,
Dhaka in
Miscellaneous Case No. 8 of 2008 in which the
learned Court allowed
the Miscellaneous Case
under Order-9, Rule-13 of CPC and the ex parte
decree was set aside.
Suit valued at Tk……………......…
Application valued at Tk………...
To
Mr. Justice
Md. Muzammel Hossain, the Chief Justice of Bangladesh and his Companion
Justices of the said Hon’ble Court.
The humble petition on
behalf of the above named
petitioner most respectfully,
S H E
W E T H :
1.
That this revisional application arises out of Judgment
and Order dated 19.06.09 passed by the Joint District Judge, 2nd
Court, Dhaka in Miscellaneous Case No. 8 of 2008 in which the learned Court
allowed the Miscellaneous Case under Order- 9, Rule- 13 of CPC and the exparte
decree was set aside.
2.
That it is stated that the petitioner as plaintiff
originally filed Money Suit No.2 of 2007 on 01.01.2007 in the Court of Joint
District Judge, 2nd Court, Dhaka against the defendant. But as he
did not contest the suit, the suit was decreed ex parte on 15.01.08.
3.
That on 01.03.08 defendant- opposite party filed a
Miscellaneous Case No.8 of 2008 under 2nd Court of Joint District
Judge, Dhaka under Order-9, Rule-13 C.P.C for setting aside the ex-parte decree
alleging that the summons was not duly served on him.
4.
That the plaintiff-
petitioner contested the case by filling a written objection denying the
material allegation in the application stating that the summons was duly served
on the defendant through the manager of his factory, Mr. Ali.
5.
That it is stated that after hearing the parties the
Learned Trial Court on 19.06.09 was pleased to allow the Miscellaneous case and
the ex-parte decree was set aside under Order-9, Rule-13 of C.P.C.
6.
That being aggrieved by and dissatisfied with the
judgment and Order of the learned trial court, the petitioner begs to move this
application before your Lordships on the following amongst other,
G R O U N D S
I.
For that the judgment and decree passed by the lower
Appellate Court is bad in law as well as on facts.
II.
For that the learned Appellate Court below committed an error of law in
setting aside the ex-parte decree without any basis in evidence on record.
III.
For that the trial court gave his judgement without taken
into consideration the written objection filed by the plaintiff.
IV.
For that the Learned trial court failed to consider the fact that he
failed to prove his allegation that the summons was not duly served on him and as
such the judgment and order passed by both the Courts below are wholly illegal,
malafide and as such liable to be set aside.
Wherefore,
it is most humbly prayed that your
Lordships would graciously be pleased to
call for
the records, issue a Rule calling upon the
defendant-opposite party to show cause as to
defendant-opposite party to show cause as to
why the Judgment and Order dated 19.06.09
passed by the Joint
District Judge, 2nd Court,
Dhaka in Miscellaneous Case No. 8 of 2008
in
which the learned Court allowed the
Miscellaneous Case and the ex parte decree was
set aside under Order-9,
Rul-13 of CPC, and after
hearing the parties and cause shown, if any,
make the
Rule absolute and/or pass such other
or further order or orders as to your Lordships
may seem fit and proper.
or further order or orders as to your Lordships
may seem fit and proper.
And
Pending hearing of the Rule Your Lordships would
graciously be pleased to stay all further
proceedings of the Judgment and Order dated
19.06.09.
And for
this act of kindness, the petitioner as in duty bound shall ever pray.
Affidavit
I, A, Son
of…….of, vill- …..Police station-…….,District- Dhaka…..Aged about-…by
faith-muslim, by occupation- Business, by nationality- Bangladeshi do
hereby solemnly affirm and say as follows :-
1.
That I am the petitioner of the suit and am fully
acquainted with the facts and circumstances of the case and am fully competent
to swear this affidavit.
2.
That the above mentioned statements are true to the
best of my knowledge and belief.
Prepared in
my office
………………….
………………….....
Advocate Deponent
The deponent is known to me
And identified by me.
……………………
Advocate
Solemnly
affirmed before me by
The said
deponent at the Court Premises
On this the
…th day of…….,2011 at 11.30
A.M.
I am sure its a very good work done by you. I must say, this format will help all of the law students of Bangladesh who are very weak in this section. Good Luck.
ReplyDeleteVery good drafting.It has helped a lot in drafting for us new lawyers .Thanks a lot.
ReplyDelete