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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | Civil Revision 424/2022 |
| Case-reference year | 2022 |
| Case type | Civil Revision |
| Court website upload date | 06-JAN-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.
Sub-rule 2 of rule 9 of Order 22 of the code allows an abatement to be set aside despite a delay in making an application in time if it can be shown that the applicant was prevented by sufficient cause from continuing the action. At the same time, section 5 of the Limitation Act has been specifically made applicable to the condonation of delay. As a logical sequel, an abetment can be set aside at any time, even beyond the period prescribed for making an application in that behalf if sufficient cause is shown to explain the delay. when there has already been a decree determining the rights of the parties, finally, there is no question of any right to sue surviving. If the right to sue has already culminated and merged into a decree of the Court, and the Suit has also come to an end to that extent, then the terms of Order 22, rule 3 or 4 of the Code of Civil Procedure are not at all applicable.