Narayan Chandra Sarker Vs. Abdur Rahman, 1 ADC (2004) 197

Case No: Civil Appeal No. 91 of 1998

Judge: Mahmudul Amin Choudhury,

Court: Appellate Division ,,

Advocate: Mr. Fazlul Karim,,

Citation: 1 ADC (2004) 197

Case Year: 2004

Appellant: Narayan Chandra Sarker

Respondent: Abdur Rahman

Subject: Procedural Law,

Delivery Date: 2001-06-25

 
Supreme Court
Appellate Division
(Civil)
 
Present:
Mahmudul Amin Choudhury CJ
Mainur Reza Chowdhury J
Mohammad Gholam Rabbani J
Md. Ruhul Amin J
Mohammad Fazlul Karim J
 
Narayan Chandra Sarker
………................Appellant
Vs.
Abdur Rahman
.............................Respondent
 
Judgment
June 25, 2001
 
Small Causes Act
Section 23
That the plaintiff has a difficult case to sustain in this Small Causes Courts suit as it involves a question of title and for that matter the plaint of the aforesaid S.C.C. Court may be returned. …. (1)
 
Lawyers Involved:
Nazubur Rahman, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant.
Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent.
 
Civil Appeal No. 91 of 1998.
(Form the judgment & order dated 25.3.98 passed by the High Court Division in C.R. No. 2092 of 1992)
 
JUDGMENT
 
Mahmudul Amin Choudhury CJ.
 
This application is taken up for hearing to day but the Respondent filed an application praying for return­ing the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in this Small Causes Courts suit as it involves a question of title and for that matter the plaint of the aforesaid S.C.C. Court may be returned.
 
2. In view of the submission made by the learned Advocate for the Respondent and in view of the provision of section 23 of the Small Causes Act, let the plaintiff returned as prayed for.
 
In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs.
 
Ed.