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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | First Misc Appeal 339/2018 |
| Case-reference year | 2018 |
| Case type | First Misc Appeal |
| Court website upload date | 30-AUG-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.
It is well settled that an order of remand is not to be made as a matter of course. Remand should not be ordered merely to enable a party to fill up a lacuna caused by his own negligence or laches. At the same time, where the Court is satisfied that a party was prevented from effectively contesting the suit for reasons not attributable to deliberate or culpable conduct on his part, and that denial of an opportunity to contest would cause substantial prejudice, the Court may, in the interest of justice, exercise its discretion to remand the matter. A compromise between some of the parties cannot, in law, operate to extinguish or adversely affect the independent rights claimed by non-consenting parties without adjudication of their claims.