Civil Appeal

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION )

F. A. T. NO.            OF 2007

F. A.  NO.                OF  2007

IN THE MATTER OF:

An application for a stay of the operation of Judgment and decree dated_________passed by the Court of _______________in the Suit No. _________________ decreeing the suit _______________.

- A   N   D -

IN THE MATTER OF:

A

Son of B

of Address.

……….Defendant /Appellant/ Petitioner

-          Versus –

X

Son of Y

of Address.

……….Plaintiff/Respondent/ Opposite Party

SUIT VALUED AT TK.

APPLICATION VALUED AT TK.

TO

Mr. Md. Ruhul Amin, Honourable Chief Justice of Bangladesh and his companion justices of the said honourable court.

The humble application of the above named Petitioner most respectfully.

S H E W E T H:

1.                   That the Petitioner has preferred an Appeal being F.A. No.            of 2007 before this Honourable Court against the judgment and decree passed by the Court of __________________________ in the Suit No. ________________ decreeing  the suit

2.                   That [fact ]

3.                   That it is submitted that the learned _______________ Judge has passed the Impugned judgment and decree purely on misconception of law and fact.

4.                   That it is thus submitted that unless the operation of judgment and decree is stayed petitioner will suffer irreparable loss and injury. Hence for the ends of justice the said judgment and decree should be stayed forthwith.

5.                   That being aggrieved by and dissatisfied with _______________as it is unsustainable in law and is causing serious prejudice to the petitioner.

In the circumstances, it is humbly prayed that your lordships may be pleased to order:

(a)                Pending Hearing of the Appeal pass an ad-interim order of stay of the judgment and decree……….

(b)                Costs;

(c)                Pass such other or further order or orders as your lordships may deem fit and proper in this case.

And for this act of kindness your Petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, …………………….., son of ……………………………., residing at ………………………………………..aged about …….. years, by faith Muslim, by occupation Service, by nationality Bangladeshi by birth do hereby solemnly affirm and say as follows:

1.       That I am the petitioner of this case and am fully conversant with the facts and circumstances to swear this affidavit.

2.       That the statements made above are true to the beat of my knowledge and belief.

Prepared in my office

_______________________

( ________________ )

Advocate

Solemnly affirmed before me by the said deponent on this the 10th day of September 2001 in the High Court premises, Dhaka, at about …….a.m./p.m.

_________________________

(                                      )

Deponent

The deponent is known to me and identified by me before the Commissioner of Affidavit.

____________________

(___________________)

Advocate

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA

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