Abdul Wahab Vs. Khoka Miah

Appellate Division Cases

(Civil)

PARTIES

Abdul Wahab ………………………..Appellant

-vs-

Khoka Miah …………………………Respondent

JUSTICE

Md. Ruhul Amin, J.

K.M. Hasan, J.

Md. Fazlul Haque, J.

JUDGEMENT DATE:21st October, 2002

Petitioner is going to be highly prejudiced for not being in a position to place his case in either of the two forums although he is in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ jurisdiction in respect of allotment of the selfsame shop it is just and proper that the writ petition should be disposed of in presence of the petitioner………..(2)

Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the Hieh Court Division in Writ Petition No. 3968 of 1998)

Serajul Islam Khan, Advocate, instructed by Md. Aft ah Hossain, Advocate-on-Record………………. For the appellant.

Sayvid Shahid Hussain, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-

Record ……………..For Respondent No. I.

Dr.Rafiqur Rahman, Senior Advocated, (Mr. M. A. Baki with him) instructed bv Serajur

Rahman, Advocate-on-Reore ……………………For Respondent No.2.

JUDGMENT

1. K.M. Hasan, J.- This appeal arises against the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant.

2. The facts leading to the leave petition are that the appellant filed an application for adding him as respondent No.2 in the aforesaid writ petition, which was rejected. Leave was granted to consider the following:”Both the appellant and the respondent No.

1 are litigating against the Dhaka City Corporation for allotment of shop No. G98, Block-G in Dhaka New Market by filling Title Suit No. 33 of 1999 in the Court of Additional Assistant Judge, Dhaka and the Proceeding of the said suit having been stayed by the respondent No. 1 on the ground of tendency of writ petition No. 3968 of 1988, the present petitioner is going to be highly prejudiced for not being in a position to place his case in either of the two forums although he is in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer

for adding him as a party has caused serious miscarriage of justice. In view of the

pending litigations between the parties in the civil court and in the writ jurisdiction

in respect of allotment of the self same shop it is just and proper that the writ petition

should be disposed of in presence of the petitioner.”

3. When the appeal was taken up for hearing both the parties jointly prayed that they

would not have any objection if the appeal was allowed without going into merit with an observation that the High Court Division might dispose of the writ petition which was still pending before it as soon as possible. In view of the above submission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible.

Ed.

Source: I ADC (2004), 480

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