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A court order.
The definition of the ‘decree’ means that where the proceeding of the
court finally disposes off the suits so long as it remains on the record,
it is a decree. ….. [Badami Kaur v Dian Rai ILR 8 All 111 (FB)]
If the ‘decree’ is one without jurisdiction, whether pecuniary,
territorial or in respect of the judgment debtor- the executing court can
go into the question of executability. ….. [Hajee Md. Ahsanullah Vs.
Arafatunessa Bibi (1981) 33 DLR (AD) 17]
“Decree” means the formal expression of an adjudication which, so far
as regards the Court expressing it, conclusively determines the rights of
the parties with regard to all or any of the matters in controversy in the
suit and may be either preliminary or final. It shall be deemed to include
the rejection of a plaint and the determination of any question within
section 47 or section 144, but shall not include- (a) any adjudication from
which an appeal lies as an appeal from an order, or (b) any order of
dismissal for default. ….. [Section 2(2) of the Code of Civil Procedure,
1908 (v of 1908)]
When collusion and fraud have been established and illegal order/direction
and decrees have been obtained from the Court Appellate Division cannot its
eyes forward to undo the wrongs by setting aside the illegal decree–
When collusion and fraud have been established and illegal order/direction
and decrees have been obtained from the Courts, this Court cannot shut its
eyes and remain a silent spectator. This Court must come forward to undo
the wrongs by setting aside the illegal decrees. This Apex Court has the
duty and obligation to rise to the occasion in order to do substantial and
complete justice. Since collusion and fraud affect the solemnity,
regularity and orderliness of the proceedings of the Courts, this Court, in
exercise of its extra-ordinary power, is authorised to set aside the
decrees obtained illegally by collusion. The learned Judges of the High
Court Division have issued an absolutely illegal order directing the Artha
Rin Adalat to decree the suits in a specified manner which has eroded the
confidence of the litigants to the suits and will have the effect of
undermining the credibility of the judiciary as whole. Accordingly, the
leave petition is disposed of. The judgments and decrees dated 16.10.2017
passed by the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit Nos.382 of
2016 and 1618 of 2016 are set aside. The Adalat is directed to proceed with
both the suits in accordance with law. The Rule issued in Contempt Petition
No.239 of 2019 is hereby discharged. …National Bank Limited =VS= M.R.
Trading Company, (Civil), 2019 (2) [7 LM (AD) 216] ....View Full Judgment
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