Seen. Heard Ld. Advocates for both sides. Perused the petition dated
29.06.2022 and the materials available on the record. Upon such perusal, it
appears to the court that there is a real controversy in the Suit regarding the
Certificate of sale of land, which is claimed to be an outcome of a sale held
by public auction on the 16th day of May, 1966 in execution of
Certificate Case No. 8241/63-64 and Sale Case No. 18/64-65 (Reg. 19B). Accordingly,
General Certificate Officer, Rajshahi was ordered to place the concerned record
and volume of the aforesaid Certificate before the court for inspection.
Following the order, the aforesaid officer notified the court through a
letter maintaining that “it is not possible to provide the concerned case
record owing to not finding the same by search”. Unfortunately, such
information appears to be misleading and provides no evidential weight to be
considered in resolving the issues at hand. Consequently, the court is of view
that the mandate of fair trial evidently requires the concerned case record to
be presented and inspected, or testimony to be adduced and examined.
Hence, Certificate Officer, General Certificate Branch, Office of the
Deputy Commissioner, Rajshahi, is further ordered to produce the concerned
record and volume of the certificate proceeding on the next fixed date.
Deputy Commissioner, Rajshahi shall ensure that this order be obeyed.
Put requisite(s) at once.
Send copies to the concerned.
The next fixed date is 13/07/2022
for F.P.H.