In the Supreme Court of Bangladesh

High Court Division

(Civil Revisional Jurisdiction)

Present:

Mr. Justice Md. Zakir Hossain

Civil Rule No. 828 (Con) of 2022

In the matter of:

An application under Section 5 of the Limitation Act, 1908.

-And- In the matter of:

Government of Bangladesh, represented by the Deputy Commissioner, Narayangonj and others

.......Petitioners -Versus-

Khorshed and others

.......Opposite Party

Mr. Md. Mozammal Haque (Rana Siddique), DAG

.......For the petitioners Mr. S.M. Aminul Islam, Advocate

……. For the opposite parties

Heard on 08.05.2024 Judgment on: 05.06.2024

Md. Zakir Hossain, J:

At the instance of the petitioners, the Rule was issued by this Court

with the following terms:

“Let a Rule issue calling upon the opposite parties to show cause as to why the delay of 5176 days in filling the revisional application should not be condoned and or pass such other order or further order or orders as to the this Court may seem fit and proper.”

Challenging the legality and propriety of the judgment and decree dated 16.10.2006 (decree being drawn on 23.10.2006) passed by the learned Additional District Judge, 2nd Court, Narayangonj in Title Appeal No. 194 of

-2-

2004 disallowing the appeal and thereby affirming the judgment and decree dated 25.03.2004 (decree being drawn on 09.04.2004) passed by the learned Assistant Judge, Bandar Court, Narayangonj in Title Suit No. 29 of 2003 dismissing  the  suit,  the  petitioners  were  constrained  to  file  the  Civil Revisional application under Section 115(1) of the Code of Civil Procedure.

Being highly aggrieved by and dissatisfied with the aforesaid said judgment and decree of the appellate Court, the defendant-petitioners moved this Court along with the petition for condonation of delay of 5176 days and obtained the aforesaid Rule.

Heard and perused the materials on record with care and due attention. On meticulous consideration of the petition, it transpires that the petitioners have reasonably and sufficiently explained the cause of delay; therefore, I am inclined to condone the same. Consequently, the Rule deserves to be made absolute to secure the ends of justice.

In the result, the Rule is made absolute, however, without passing any order as to costs.

The delay of 5176 days in filing the revisional application is hereby condoned.

The office is hereby directed to place the revisional application to the concerned Bench within 10(ten) days from the date of receipt of the record of this case. 

(Md. Zakir Hossain, J)

Tareq ABO