IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL MISCELLANEOUS NO. 34 OF 2023

In the matter of:

An application under Section 115(1) of the Code of

Civil Procedure, 1908.

AND

In the matter of:

Shah Abdullah Farhad, son of late Farhad Rahman of Flat No. 1C, House No. 43, Road No. 3/A, Dhanmondi, Dhaka-1209, Bangladesh.

.... Petitioner -Versus-

Sadia Tabassum, wife of late Farhad Rahman, daughter of Mohiuddin Bhuiyan and others.

....Opposite-parties Mr. M. M. Shafiullah, Advocate

... For the petitioner Heard and Judgment on 15.05.2024.

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J:

On an application under section 24 of the Code of Civil Procedure filed by the defendant no. 1 in Title Suit No. 175 of 2022, this rule was issued calling upon the opposite-party to show cause as to why the Title

Suit No. 175 of 2022, now pending before the Joint District Judge, 1st Court, Brahmanbaria will not be withdrawn and transferred to the court of learned Joint District Judge, 1st Court, Dhaka to be tried simultaneously or analogously with Title Suit No. 347 of 2022, now pending before the learned Joint District Judge, 1st Court, Dhaka and/or such other or further order or orders be passed as to this court may seem fit and proper.

The short facts leading to issuance of the instant rule are:

The present petitioner as plaintiff initially filed a Title Suit being Title Suit No. 347 of 2022 in the court of learned Joint District Judge, 1st Court, Dhaka seeking following reliefs:

“a. A decree declareing that the plaintiffs are

28

the owners of shares in the ‘A’ scheduled

112

property by way of inheritance.

2. A decree declaring that the ‘Kha’ scheduled Hebanama is forged, fabricated, collusive ineffective and not binding upon the plaintiffs.
3. A preliminary decree for partition of learned Joint District Judge, 1st Court, Dhaka

28

shares in favour of the plaintiffs and against 112

the defendants in the ‘A’ scheduled property;

4.       Appoint a survey knowing advocate commissioner for commissions to make partition in light of the preliminary decree;

5. Accept the advocated commissioner’s report

and draw final decree treating the commissioner’s report as part of the decree;

6. A decree awarding costs in favourt of the

plaintiff.

7. Any other or further relief or reliefs to which

the plaintiff is entitled in law and equity.”

Afterwards, the present opposite-party nos. 1-3 as plaintiffs also

filed a suit against the present petitioner and his brother making them as

defendant nos. 1-2 being Title Suit No. 175 of 2022 before the learned

Joint District Judge, 1st Court, Brahmanbaria also seeking following

reliefs:

“(L) h¡c£NZ e¡¢mn£ af¢Rm h¢ZÑa pÇf¢š J ac¢Øqa e¡¢mn¡ hÉhp¡ fË ¢aÖW¡e A¢Rua e¡j¡l c¢mm ®j¡a¡−hL 5% 0 (A−dÑL) j¡¢mL¡e¡ h¡h−c fªbL R¡q¡j f¡C−a A¢dL¡l£ ¢hd¡u ¢h¡c£fr−L ach¡h−c HL fªbL R¡q¡j j”¤l

L¢lu¡ fË ¡b¢jL ¢X¢œ² ¢c−; a

13.   j¡ee£u Bc¡m−al ¢e−cÑn −j¡a¡−hL ¢hh¡c£NZ k¢c e¡¢mn¡ i¨¢j J ac¢Øqa hÉhp¡ fË ¢aÖW¡e h¡c£f−rl f¡Je£u R¡q¡j

fªbL L¢lu¡ e¡ ®cu a−h j¡ee£u Bc¡ma La«ÑL p¡−iÑ A¢i‘ AÉ¡X−i¡−LV L¢jne¡l ¢e−u¡N œ²−j e¡¢mn¡ i¨¢j J ac¢Øqa hÉhp¡ fË ¢aÖW¡e h¡h−a fªbL R¡q¡j ¢QW¡ ¢gô h¤L, jÉ¡f Hhw ¢qp¡h¡¢c fË Ùº a œ²−j Be¡Cu¡ h¾V−el

fË ¡b¢jL ¢X¢œ²l Ae¤h−m h¾V−el HL Q¨s¡¿¹ ¢X¢œ² ¢c−a;

14.   1ew h¡c£¢e J 1ew ¢hh¡c£ Ei−ul ®k±b HL¡E−¾Vl j¡dÉ−j e¡¢mn¡‘M’ af¢R−m h¢ZÑa e¡¢mn¡ p¡g−L¡ ¢pHe¢S ¢lg¥−u¢mw ®ØVn−el aq¢hm J k¡ha£u ®me−ce f¢lQ¡me¡ L¢l−a A¢dL¡l£ j−jÑ ®O¡oZ¡ œ²−j HL ¢X¢œ² ¢c−a;
15. e¡¢mn¡‘M’ af¢R−m h¢ZÑa e¡¢mn¡ hÉhp¡l miÉ¡w−nl V¡L¡ BNÖV 2021 Cw ®b−L BNÖV 2002 Cw fkÑ¿¹ (A¢Ruae¡j¡ Ae¤p¡−l) fË ¢a j¡−pl ¢qp¡h Ae¤k¡u£ h¡c£f−rl f¡Je£u a¡q¡−cl ¢qpÉ¡ Ae¤k¡u£ 50 q¡−l fË ¡fÉ miÉ¡w−nl 57,60,819/- (p¡a¡æ mr o¡V q¡S¡l BVna E¢en) V¡L¡

h¡c£l hl¡h−l f¢l−n¡−dl ¢e¢j−š h¡c£l Ae¤L¨−m Hhw ¢hh¡c£l fË ¢aL¨−m ¢X¢œ² ¢c−a;

16.   ¢hh¡c£NZ k¢c ¢X¢œ²l jjÑj−a e¡¢mn¡‘M’ af¢R−m h¢ZÑa

hÉhp¡l h¡c£f−rl fË ¡fÉ miÉ¡w−nl V¡L¡ ¢edÑ¡¢la pj−ul j−dÉ h¡c£fr hl¡h−l f¢l−n¡d e¡ L−le a¡q¡

qC−m ¢h‘ Bc¡ma La«ÑL Eš² V¡L¡ Bc¡−ul ¢e¢j−š

fË −u¡Se£u BCe¡e¤N hÉhØq¡ NË qZ L¢lu¡ h¡c£l Ae¤L¨−m ¢hh¡c£l fË ¢aL¨−m ¢X¢œ² ¢c−a;

17.               ®j¡LŸj¡l k¡ha£u hÉ¡u h¡c£l pf−r

Hhw ¢hh¡c£l ¢hl¦−Ü ¢X¢œ² ¢c−a;

(R)) BCe, eÉ¡ue£¢a J eÉ¡u ¢hQ¡−l h¡c£ Bl ®k pLm

fË ¢aL¡l f¡Ju¡l qLc¡l h¢mu¡ ¢h−h¢Qa qe ®pC pLm

fË ¢aL¡l¡¢cJ h¡c£ hl¡hl j”¤l L¢l−a j¡j¡e£u Bc¡m−al

B‘¡ quz”

The present petitioner at first filed the suit in the 1st Court of Joint

District Judge, Dhaka while the present opposite-party nos. 1-3 as

plaintiffs filed the suit in the 1st Joint District Judge, Brahmanbaria. When both the suits were proceeding in two different courts and in two different districts, the defendants of Title Suit No. 175 of 2022 prayed for transferring that suit in the learned Joint District Judge, 1st Court, Dhaka to be tried with Title Suit No. 347 of 2022 analogously or simultaneously.

Mr. M. M. Shafiullah, the learned counsel appearing for the petitioner upon taking us to the revisional application in particular, the plaints of both the suits which has been annexed as of Annexure-‘A’ and ‘B’ to the revisional application at the very outset submits that, since the present opposite-party nos. 1-3 filed suit for partition in respect of ‘ka’ and ‘kha’ scheduled property which is also inserted in the plaint of his suit as schedule ‘C’ and ‘B’ so for the effectual adjudication of both the suits, the Title Suit No. 175 of 2022 pending before the learned Joint District Judge, 1st Court, Brahmanbaria be withdrawn and to transfer the same to the learned Joint District Judge, 1st Court, Dhaka and tried with Title Suit No. 347 of 2022 either analogously or simultaneously.

The learned counsel by referring to the cause title of both the plaints further contends that, since the parties of both the suits reside in Dhaka so there would have been no inconvenience if the suit so filed by the present opposite-party nos. 1-3 before the learned Joint District Judge, 1st Court, Brahmanbaria be withdrawn and transferred to the learned Joint District Judge, 1st Court, Dhaka and heard analogously or simultaneously.

The learned counsel next submits that, apart from prayer for declaration that the schedule ‘kha’ hebanama which was alleged to have executed by the father of the present petitioner in favour of his step- mother named, Sadia Tabassum, the plaintiff of Title Suit No. 175 of 2022 so there will have no impediment if both the suits were heard in a single court.

Though the notice of the rule has duly been served upon the opposite-parties to the rule but none appeared to oppose the same.

We have considered the submission so advanced by the learned counsel for the petitioner and perused the revisional application. We have also gone through the schedules so appended with both the plaints of Title Suit No. 175 of 2022 and 347 of 2022.

Furthermore, since it has been informed by the learned counsel for the petitioner that, in both the suits, the defendants entered appearance to contest the same and the parties to the suits have been residing in Dhaka having no reason to suffer any inconvenience if the title suit which is now pending before the learned Joint District Judge, 1st Court, Brahmanbaria be withdrawn and transfer to the learned Joint District Judge, 1st Court, Dhaka and tried analogously or simultaneously. We find ample substance to the submission so placed by the learned counsel for the petitioner.

Accordingly, the rule is made absolute however without any order as to cost.

The learned District Judge, Brahmanbaria is hereby directed to take necessary step in withdrawing Title Suit No. 175 of 2022 from the court of learned Joint District Judge, 1st Court, Brahmanbaria and transfer it to the learned District Judge, Dhaka.

The learned District Judge, Dhaka is hereby directed to transmit the case record of Title Suit No. 175 of 2022 moment it receives the record of the said suit to the court of learned Joint District Judge, 1st Court, Dhaka directing it to dispose of the said suit simultaneously with Title Suit No. 347 of 2022.

Let a copy of the judgment be communicated to the learned District Judge, Brahmanbaria as well as learned District Judge, Dhaka forthwith.

Md. Bashir Ullah, J:

I agree.

Abdul Kuddus/B.O