Civil Revision

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO.                 OF 2007

IN THE MATTER OF:

An application under Section 115(1) of the Code of Civil Procedure.

A  N  D

IN THE MATTER OF:

A

Son of C

Address

………….Plaintiff-Petitioner

-Versus-

B

Son of D

Address

………… Defendant-Opposite Party

A   N   D

IN THE MATTER OF:

Judgment and Decree / Order No. ….. dated …………… passed by the …………..in Case No. …………… allowing the application of the defendant under Order 39 Rule 7 of CPC for local investigation / allowing the application under Order 7 Rule 11 of the CPC.

Suit valued at Tk……………….

Application valued at Tk…………

To

Mr. Justice Md. Ruhul Amin, Honourable Chief Justice of Bangladesh and his Companion Justices of the said Honourable Supreme Court.

The humble petition on behalf of the above-named Petitioner most respectfully

S H E W E T H:

1.                  That this Revisional application under Section 115(1) of the Code of Civil Procedure arises out of the Judgement and Order No. ……. Dated………….. passed in ……………. by the learned ………………….. allowing the application of the defendant under Order 39 Rule 7 of CPC for local investigation / allowing the application under Order 7 Rule 11 of the CPC.

2.                  That the petitioner as plaintiff instituted a Title Suit No. …….. in the ……….(Court) for a declaration / permanent injunction against the defendant-opposite party stating in short that …………………………..

Certified copy of the plaint is annexed herewith and marked as Annexure-A.

3.                  That the defendant-opposite party appeared before the ……….(court) and contested the suit by filing a written statement stating in short that ………………/ filed an application under Order 39 Rule 7 of the CPC for local investigation / filed an application under Order 7 Rule 11 of the CPC for rejection of plaint.

Certified copy of the ……….. is annexed herewith and marked as Annexure-B.

4.                  That after hearing the parties, the Learned …………………..was pleased to allow the said application by its judgment and decree / order dated ………….

5.                  That against the judgment and decree dated passed in ………….the plaintiff-petitioner preferred an appeal before the ……………..The learned ……………..was pleased to …………………………..(“the Impugned judgment and decree”).

Or,

6.                  That against the judgment and order dated ………… passed in…………….the Plaintiff-Petitioner filed a civil revision no. ……….before the ……………The learned …………..was pleased to dismiss the said revisional application affirming the judgment and order passed by the …………..without assigning any reasons by its judgment and order dated …………… (“the Impugned judgment and order”).

Certified copy of the impugned judgment and decree / Order is annexed herewith and marked as Annexure C.

7.                  That its submitted that the Learned ……….. erred in law in allowing the application.

8.                  That being aggrieved by and dissatisfied with the Impugned judgment and decree / Order passed by the learned …………….. in Case No……………. the Petitioner begs to move this application on the following amongst other.

GROUNDS

I.                    For that the Learned …………… erred in law resulting in an error in the decision occasioning failure of justice in allowing the application

II.                 For that the decision of the learned ………is based on no cogent reason nor any sound principle of law and as such the same is liable to be set aside.

III.               For that in any view of the matter the Impugned judgment and decree / Order is illegal and is liable to be set aside for the interests of justice.

Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to pass the following orders:

(a)                To call for the records and to issue a Rule calling upon the opposite party to show cause as to why the impugned judgment and decree / order dated……….. passed by the learned…………….. in Case No……….in …………….  should not be set aside, on perusal of the record and cause shown, if any, and after hearing the parties make the rule absolute.

(b)               To stay all further proceedings of case no. ……………… pending in the learned…………… till disposal of the Rule.

(c)                Costs;

(d)               Pass such other or further order or orders as your lordships may deem fit and proper in this case.

And for this act of kindness, the petitioner as in duty bound shall ever pray.

A F F I D A V I T

I, A, son of C of address, aged about ……. years, by occupation………., by faith Muslim, by Nationality Bangladeshi by birth do hereby solemnly affirm and say as follows:

1.                  That I am the Petitioner and also Tadbirkar in this Civil Revision. I am acquainted with the facts and circumstances of this case and hence, competent to swear this affidavit.

2.                  That the statements made above are true to the best of my knowledge and belief.

Prepared in my office

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA

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