Present:

                                  Mr. Justice Sheikh Abdul Awal

                                                      and

                                  Mr. Justice Md. Rafizul Islam

Fir st Miscellaneous Appeal No. 193 of 2006 In the Matter of:

                                Md. Abdur Rafique Sarkar

                           ....Defendant-Appellant.

        -Versus-

Jiban Bima Corporation

                        ….. Plaintiff-Respondent.

    No one appears

       ….For the appellant.

    No one appears

                                                                          ….For the respondent.

    Mrs. Papia Sultana, A.A.G.

                       Judgment on 08.07.2026

Sheikh Abdul Awal, J:

This First Miscellaneous Appeal is directed against the order dated 13.02.2006 passed by the learned Additional District  Judge, Court No. 2, Rangpur rejecting an application under Order 41, Rule 19 of the Code of Civil Procedure in Miscellaneous Case No. 14 of 1997.

No one appears to press the Appeal on repeated calls. Despite of fact that this appeal has been appearing in the list for a number of days with the name of the learned Advocates.

In view of the fact that this petty old First Miscellaneous Appeal of 2006 has been dragging before this Court over a period of 20 years arising out of an order, we are inclined to take it up for disposal on merit perusing the available materials on record.

     On  a  scrutiny  of  the  record,  it  appears  that  the  learned Additional District Judge, Court No. 2, Rangpur by his order dated 25.06.1997 dismissed the Money Appeal No. 03 of 1993 for default stating that –"  Thereafter,  the  appellant  filed  an application for re-admission of appeal under Order 41, Rule 19 of the Code  of  Civil  Procedure.  Thereafter  on  13.02.2006  the  learned Additional  District  Judge,  Court  No.2,  Rangpur  by  the  impugned order dated 13.02.2006 rejected the application stating that- "

The learned Additional District Judge also observed that –"

On going through the available materials on record together with the impugned order, we find no flaw in the reasonings of the learned  Additional  District  Judge,  Court  No.  2,  Rangpur  or  any ground to assail the same. The impugned order appears to be well founded in law and facts. No interference, is therefore, called for.

In the result, the First Miscellaneous appeal is dismissed without any order as to casts. The impugned order dated 13.02.2006 is hereby maintained.

Communicated the order at once.

Md. Rafizul Islam, J:

I agree.