Fraud vitiates all judicial proceeding–
There is no existence of Title Suit No.587 of 1970, so the judgment and decree passed in Title Suit No.587 of 1970 dated 15.03.1971 is also non-existent in the eye of law. The question of binding effect of the judgment and decree of Title Suit No.587 of 1970 dated 15.03.1971 upon the appellants is completely fictitious. The appellants are not under any legal obligations to release the property from the list of vested property in favour of the respondents.
The High Court Division made a serious error of law making the Rule absolute based on fictitious judgment and decree passed in Title Suit No.587 of 1970 dated 15.03.1971, which has no existence at all. So, we are constraint to interfere with the judgment and order passed by the High Court Division in Writ Petition No.6053 of 2008 on 17.12.2009. Accordingly, the judgment and order passed in Writ Petition No.6053 of 2008 on 17.12.2009 is set aside. The appeal is allowed. ...Ministry of Land, Bangladesh =VS= Sadeque Ahmed Nipu, (Civil), 2021(1) [10 LM (AD) 692] ....View Full Judgment