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Case details
| Lead case reference on official PDF cover | CIVIL APPEAL NO.07 OF 2009 |
|---|---|
| Caption / parties as listed | Md. Shafiullah Patwari VS Momin Mia and others |
| Court | Supreme Court of Bangladesh — Appellate Division |
| Case reference year | 2009 |
| Court website upload date | 2023-12-11 |
| Original index reference | Civil Appeal /2009 |
Additional reference in the official index
(From the judgment and order dated 29.04.2007 and 30.04.2007 passed by the High Court Division in Civil Revision No. 5369 of 2000)
Court index description
Since it has been observed by the appellate Court as well as High Court Division that the notice upon aforesaid pre-emption proceeding was not duly served upon one of the pre-emptees, we are of the view that the ex-parte order of pre-emption was fraudulent one as a whole. Ex-parte order which has been obtained by practising fraud cannot be sustained in law as a whole. It is well settled principle that a decree or order obtained by playing fraud on the court is a nullity and non-est in the eye of law. Once it is established that the order was obtained by a successful party by practising or playing fraud, it is vitiated and cannot be allowed to stand.
The date above is the court website’s upload date. Read the official document for the full decision.