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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | First Appeal 149/2020 |
| Case-reference year | 2020 |
| Case type | First Appeal |
| Court website upload date | 21-APR-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description
Source: Supreme Court official index.
Article 95 of the First Schedule of the Limitation Act stipulates the period of limitation of filing a suit to set aside a decree obtained by fraud or for other relief on the ground of fraud and said period is three years which begins to run when the fraud become known to the party wronged. This suit comes under section 39 of the Specific Relief Act. An ex-parte decree can be set aside by filing application under Order IX rule 13 of the Code of Civil Procedure and the limitation for filing such application is 30 days from the date of ex-parte decree or where the summons has not been duly served, 30 days from the date when the defendants came to know about the ex-parte decree. Moreover, section 10 of the Code enacts a rule of procedure pure and simple and as such a decree passed in contrary to section 10 is not a nullity and cannot be disregarded in another suit as per decision of the case of Jamani Kanta Roy Chowdhury and ors. vs. Aswini Kumar Haldar and ors. reported in 12 DLR 755.