Present:

                                  Mr. Justice Sheikh Abdul Awal

                                                      and

                                  Mr. Justice Md. Rafizul Islam

Fir st Miscellaneous Appeal No. 280 of 2001 In the Matter of:

                                M.A. Awal Siddique and others

   ....3rd party Purchaser/ Petitioners-appellants

        -Versus-

Manager,  Uttara  Bank,  Central  Road  Branch, Rangpur and others

                              ….. Plaintiff-Respondents.     No one appears

       ….For the appellants.

    No one appears

                                                                          ….For the respondents.

    Mr. Abdul Mannan Abid, D.A.G.

                       Judgment on 12.07.2026

Sheikh Abdul Awal, J:

This First Miscellaneous Appeal is directed against the order No.  22  dated  20.10.1997  passed  by  the  learned  Sub-ordinate  and Artha Rin Adalat No. 1, Rangpur in Miscellaneous Case No. 22 of 1994 filed by the appellants under Order 21, Rule 90 of the Code of Civil Procedure rejecting the application.

The facts of the case in short is that after completion of the Nilam proceedings the petitioners filed an application under Order 21, Rule 90 of the Code of Civil Procedure.

The learned Sub-ordinate Judge and Artha Rin Adalat No.1, Rangpur  by  the  impugned  order  dated  20.10.1997  rejected  the application.

Aggrieved thereby the petitioners as appellants preferred this Miscellaneous Appeal before this Court.

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 2001 arising out of an order has been dragging before this Court over a period of 25 years, we are inclined to take it up for disposal on merit perusing the available materials on record.

On going through the available materials on record together with the impugned order including the Memo of Appeal, it appears that the learned Sub-ordinate and Artha Rin Adalat No.1, Rangpur on perusal of the record did not found any fraud or irregularity in the Nilam  Proceedings  and  thereupon,  the  learned  Sub-ordinate  and Artharin Adalat by the impugned order dated 20.10.1997 rejected the application under Order 21, Rule 90 of the Code of Civil Procedure on the ground that- “

 This  findings  certainly  indicates  that  the learned Sub-ordinate and Artharin Adalat No. 1, Rangpur considered all the material aspects of the case and thereafter, recorded the reasons of  rejection.  We  find  no  ground or  reason  to  differ  from  it.  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 costs. The impugned order dated 20.10.1997 is hereby maintained. Since the First Miscellaneous Appeal is dismissed, the  connected  Rule  being  Civil  Rule  No.  580(FM)  of  2001  is discharged.

Let a copy of this judgment along with the lower Court’s record be sent down at once.  

Md. Rafizul Islam, J:

I agree.