District: Natore

In the Supreme Court of Bangladesh

High Court Division

(Civil Revisional Jurisdiction)

  Present:-

Mr. Justice Md. Zakir Hossain

Civil Revision No. 1353 of 2023 Md. Maksudur Rahman

...Defendant-Petitioner

-Versus-

Md. Shafiuddin and others

... Plaintiff-Opposite Parties Mr. Md. Momin Uddin, Advocate

......for the petitioner Md. Tourul Islam, Advocate

......for the opposite parties

Heard on 28.02.2024 Judgment on: 08.05.2024

Md. Zakir Hossain, J:

At the instance of the petitioner, the Rule was issued by this Court with the following terms:

“Leave is granted.

Records of the case need not be called for.

Let  a  Rule  be  issued  calling  upon  the  opposite parties to show cause as to why the judgment and order  dated  21.11.2022  passed  by  the  learned Additional District Judge, Court No. 02, Natore in Civil Revision No. 04 of 2021 dismissing the same arising  out  of  order  No.  103  dated  04.01.2021 passed  by  the  learned  Senior  Assistant  Judge, Natore in Other Class Suit No. 72 of 2006 shall not

be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.”

Facts leading to the issuance of the Rule are inter alia that in Other Class  Suit  No.  72  of  2006,  the  plaintiff-opposite  parties  filed  an application for obtaining finger print expert in between the disputed and admitted  figure  print.  Upon  hearing,  learned  Senior  Assistant  Judge, Natore was pleased to allow the petition. Challenging the legality and propriety  of  the  judgment  and  order  passed  by  the  learned  Senior Assistant Judge the petitioner preferred Civil Revision No. 04 of 2021 before the learned District Judge, Natore. After admitting the revision and observing the formalities, the learned District Judge transmitted the record of the case to the Court of the learned Additional District Judge, Court No.2, Natore for speedy disposal.

After hearing, the learned Additional District Judge was pleased to reject the revisional application and thereby upheld the judgment and order of the learned Senior Assistant Judge. Impugning the judgment and order of the learned Additional District judge, the petitioner moved this Court and obtained leave, Rule and stay therewith.  

Heard the submissions advanced by the learned Advocates of the petitioner and the opposite parties at length and perused the materials on record  with  care  and  attention  and  seriousness  as  they  deserve.  The convoluted question of law embroiled in this Case has meticulously been waded through.

Considering the facts and circumstances of the case, the learned Senior Assistant Judge rightly allowed the petition for obtaining report of the thump impression. The learned Additional District Judge rejected the revisional application with the following observation:

“Dfq c‡¶i weÁ ‡KŠïjxi e³e¨ Ges weÁ wbgœ Av`vj‡Zi bw_

mn AÎ wiwfkb gvgjvi bw_ ch©v‡jvPbv Kiv n‡jv| b_x ch©v‡jvPbvq ‡`Lv hvq 18/05/1995 wL«t Zvwi‡Li 4917 bs `wj‡ji M«nxZv n‡jb AÎ `iLv¯ÍKvix/1bs weev`xi wcZv-‡gvt gwnDwÏb ‡ecvix Ges `vZv ‡gvt AvKivg Avjx| c«wZc‡¶i weÁ AvBbRxex e‡jb ‡h, 1 bs weev xi wcZvi bvgxq 18/05/1995

wL«t Zvwi‡Li 4917 bs `wjj A¯^xKvic~e©K 1 bs weev`x Zvi wb‡Ri Aw¯ÍZ¡‡KB A¯^xKvi K‡i‡Qb| ïbvbxKv‡j `iLv¯ÍKvix/1bs weev`xc‡¶i weÁ AvBbRxex Rbve Avey Avnmvb UMi MZ 18/05/1995 wL«t Zvwi‡Li 4917 bs `wjjwU AÎ

 iLv¯ÍKvix/1bs weev xi wcZvi bvgxq wjj nIqvq Dnv ¯^xKvi

Kwiqv ‡bb Ges bvwjkx `wj‡ji `vZv ‡gvt AvKivg Avjx ‡ecvixi ¯^v¶i I wUcmwni mwnZ 18/05/1995 wL«t Zvwi‡Li 4917 bs `wj‡ji `vZv ‡gvt AvKivg Avjx ‡ecvixi ¯^v¶i I wUcmwni ZyjbvKi‡bi Av‡`k wel‡q Zvui ‡Kvb AvcwË bvB g‡g© Av`jZ‡K AewnZ K‡ib|” 

No illegality has been spelt out within the bounds of the impugned judgment and order; therefore, they are immune from any interference and as such, the Rule shall fall through. Consequently, the Rule is liable to be discharged.   

In the result, the Rule is discharged, however, without passing any order as to costs. The earlier order of stay granted by this Court thus stands recalled and vacated. 

Let a copy of this judgment be sent down to the Courts below at

once.

(Md. Zakir Hossain, J)

Tareq ABO