Case Details

Citation(s)
1956 SLG 414 1956 SLD 414 1956 PLD 46
Dacca High Court
Civil Revision No. 140 of 1953, decided on 25th February 1953
GUHA, J
B. K. Das and D. C. Bhattacharjee for Opposite Party

A. S. M. SHAMSUZZAMAN

VS

ABDUL TAHER BHUIYANOpposite Party

Law:

Section:

(a) Interpretation of Statutes-- ---Statute requiring certain formalities to be observed before filing suit-Non observance will make the suit nullity. (b) Interpretation of Statutes---- --Words of Statute plain and unambiguous-Court to give the natural meaning-Duty of Court explained. When the words of a Statute are plain and unambiguous, a Court cannot refuse to give them their natural meanings, because of a possibility of injustice 'or hardship. The duty of the Court is to read the words in accordance with their natural meaning and to avoid going behind the plain words of the statute and trying to find the reasons of their use. (c) East Bengal Premises Rent Control Ordinance (XXII of 1951)----- -----S. 13-Provision of S. 13, inoperative-Affidavit not fled along with application for executed it of ex-parte decree Held, pro­ceedings are void. The provisions of section 13 clearly direct that before the application for attachment of the -debtor's property can be issued, the decree-holder along with the petition must file an affidavit to the effect that the amount of the ex-parte decree is recoverable. In the absence of an affidavit all proceedings based on the application must be declared void and, of no effect. (d) Civil Procedure Code (V of 1908)----- -----S. 115-Subordinate Court exercising jurisdiction in violation of statutory provision High Court can interfere in revision. Where there has been an exercise of jurisdiction in viola­tion of statutory provision, the High Court has jurisdiction under section 115, C. P. C. to interfere in revision. ORDER GUHA, J.-This is a Rule under section 115 of the Code of Civil Procedure issued by me on the 13th February, this year, against the order of the learned Munsif, first Court, Kishoreganj, dated the 6th January, this year, in an objection under section 47 of the Code of Civil Procedure, which was Miscellaneous Case No. 323 of 1952 regarding S. C. C. Execution .Case No. 144 of 1951 filed on the 8th December, 1951, for the purpose of executing an ex-parte decree passed by the S. C. C. Court on the 3rd December, 1951. This objection was mainly on. the ground that as the decree-holder opposite party did not comply with…
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