IN THE SUPREME COURT OF BANGLADESH

  HIGH COURT DIVISION

       (CIVIL REVISIONAL JURISDICTION)

Civil Revision No. 7220 of 2023 In the matter of:

Md. Tonmoy Ahmed.

...Petitioner.

  Present  -Vs-

         Mr. Justice Mamnoon Rahman  Most. Sharmin Khatun

....Opposite party.

None appears.

…For the petitioner.

Mr. Md. Aminul Haque Helal, Adv.

…For the opposite party.

Heard & judgment on: The 24th April, 2024

Today is fixed for passing necessary order.

In  an  application  under  section  115(1)  of  the  Code  of  Civil Procedure, 1908 rule was issued calling upon the opposite party to show  cause  as  to  why  the  impugned  judgment  and  order  dated 20.07.2022 passed  by  the  learned  District  Judge,  Natore  in  Family Appeal No. 13 of 2022 partly allowing the appeal with modification and reversing the judgment and decree dated 26.01.2022 passed by the Family Court Sadar, Natore in Family Suit No. 27 of 2020 decreeing the suit, should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.

The learned Advocate for the opposite party submits that at the time of issuance of rule this court directed the petitioner to pay Tk. 50,000/-(fifty thousand) within 30(thirty) days from date as well as Tk. 3000/-(three thousand) per month to be paid to the opposite party, in default, the rule shall stand discharged.

It  transpires  from  the  submissions  as  made  by  the  learned Advocate for the opposite party that the petitioner failed to make the payment as directed by this court. It further transpires that this court at the time of issuance of rule granted bail to the petitioner for a period of 6(six) months.

 As such, the rule itself is required to be discharged as per the aforesaid order. Hence, the instant rule is discharged and the petitioner is directed to surrender before the trial court within 15(fifteen) days from the date of receipt of the instant order without fail, in default, the trial court is directed to secure the arrest of the petitioner forthwith.

Communicate the order, at once.

(Mamnoon Rahman,J:)