Summary

The appellant obtained an ex parte decree in a suit for declaration of title and a further declaration that the defendant's inclusion in four registered deeds of 1993 was illegal and fraudulent. The defendant applied to set aside the decree, which was registered as a miscellaneous case, and the decree was stayed. By the impugned order, the Subordinate Judge, 1st Court, Chittagong refused the appellant's application to stay the miscellaneous case, allowed local inspection and directed status quo as to the nature and character of the suit land. In 1998 a Division Bench admitted the appeal, stayed the status quo order and directed early disposal of the miscellaneous case. The appeal came before a Single Bench under Rule 1B of Chapter II of the High Court Division Rules, 1973. No one appeared and nothing was known of the proceedings after more than 27 years. The court directed that the parties maintain their possession until disposal of the miscellaneous case, if not already disposed of, and disposed of the appeal.

Issues

1. Q1

   What order should be made in a long-pending appeal against a status quo order in proceedings to set aside an ex parte decree where neither party appeared and the position of the proceedings was unknown.

Key points

• Under Rule 1B of Chapter II of the Supreme Court (High Court Division) Rules, 1973, such a first miscellaneous appeal is now to be heard by a Single Bench, though earlier admitted by a Division Bench.
• There is a legitimate expectation that a miscellaneous case and suit will be disposed of within a reasonable time, especially where the court has directed early disposal.
• Where the latest position of the proceedings was unknown, the parties should maintain their possession until disposal of the miscellaneous case, if not already disposed of.
• The interim stay granted when the appeal was admitted was vacated on disposal of the appeal.

Law considered

Supreme Court of Bangladesh (High Court Division) Rules, 1973, Chapter II Rule 1B