The main allegation in the plaint for declaring that preliminary decree and final decrees void was that the decrees were obtained by plaintiffs by suppressing the summonses of the suit upon the defendants.
The Appellate Division found from the judgment and decree of the trial Court, it set aside the decree of Title Suit No.254 of 1996 on the clear finding that summonses of the suit were not served upon the defendants of that suit, i,e. the plaintiffs of the instant suit. The High Court Division being the last Court of fact also affirmed the said finding of fact of the trial Court. The Appellate Division held that the suit should be proceeded with and disposed of in accordance with law and accordingly, the trial Court is directed to proceed with Title Suit No.254 of 1996 and dispose of the same in accordance with law. Accordingly petition is dismissed. .....Anjuman Ara & others =VS= Md. Abul Hossain & others, (Civil), 2016-[1 LM (AD) 208] ....View Full Judgment