Present:

                                  Mr. Justice Sheikh Abdul Awal

                                                      and

                                  Mr. Justice Md. Rafizul Islam

Fir st Miscellaneous Appeal No. 169 of 2015 In the Matter of:

                                Bngladesh General Insurance Co.Ltd

                                ....Plaintiff-Appellant.

        -Versus-

  Bangladesh Biman Corporation and others

                        ….. Defendant-Respondents.     No one appears

       ….For the appellant.

    Mr. Ataur Rahman, Advocate

                                                                          ….For the respondents.

                       Judgment on 16.07.2026 Sheikh Abdul Awal, J:

This First Miscellaneous Appeal is directed against the order dated  22.01.2015  passed  by  and  learned  Joint  District  Judge, Arbitration Court, Dhaka in Miscellaneous Case No. 8 of 2014 arising out of Money Suit No. 33 of 2013 rejecting the application under Order 9, Rule 9 of the Code of Civil Procedure.

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 2015 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 a scrutiny of the record, it appears that appellant as plaintiff filed money suit No. 33 of 2013 in the Court of the learned Joint District  Judge,  Arbitration  Court,  Dhaka.  Ultimately  the  suit  was dismissed for default on 16.04.2014. Thereafter, the plaintiff filed a miscellaneous  case  under  Order  9,  Rule  9  of  the  Code  of  Civil Procedure on 28.09.2014 with an application for condoning the delay of 166 days in filing the miscellaneous case. The learned Joint District Judge after perusing the application and other materials on record by his order dated 22.01.2015 rejected the miscellaneous case on the ground of limitation holding that-

This findings certainly indicates that the learned Joint District Judge, Arbitration Court, Dhaka considered all the material aspects of the  case  and  thereafter,  recorded  the  reasons  of  rejection.  The reasonings given by the learned Joint District Judge appear to us to be proper and sound and we, do not find any 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 casts. The impugned order dated 22.01.2015 is hereby maintained.

Communicated the order at once.

Md. Rafizul Islam, J:

I agree.