X Insurance Company Limited -Versus- M/S Z Salt Industries

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. OF ____________

X Insurance Company Limited

Petitioner

-Versus-

M/S Z Salt Industries

Opposite-party

Supplementary AFFIDAVIT ON BEHALF OF THE PETITIONER

I, A, son of B, X Insurance Company Limited, _______________________________, aged about __________years, by faith ________________, nationality Bangladeshi, profession __________, do hereby solemnly affirm and declare as follows:

01. That I am the Officer of the petitioner and Tadbirker in this case and as such fully acquainted with facts and circumstances of cases and competent and authorised to swear this affidavit.

02. That further to the statements made in the Petition affirmed on 27.11.2005 it is submitted that the opposite-party No. 1 received payment of Tk. 36,24,218.64 only on 05.02.2000 being 70% of the total insured sum in full and final settlement of their claim under Policy No. GDI/KLN/FP-102/09/98 vide Loss Voucher signed on 05.02.2000. As such the petitioner cannot be in any way a necessary party in Money Suit No. 64 of 2004 filed by the opposite-party No. 1 for recovery of the remaining 30% of the insured sum.

Copies of the Policy No. GDI/KLN/FP-102/09/98 and Loss Voucher signed on 05.02.2000 are annexed herewith and marked as ANNEXURES “A” and “A(1)”.

03. That it is submitted that against the impugned order No. 34 dated 25.10.2004 passed by Mr. Mahtab Hossain, Joint District Judge, 5th Court, Dhaka in Money Suit No. 64 of 2001 rejecting the application of the petitioner for striking out the name of the petitioner as defendant under Order 1, Rule 10(2) of the Code of Civil Procedure the petitioner filed Civil Revision No. 80 of 2005 in the Court of District Judge, Dhaka on 07.03.2005. Upon dismissal of the said Revision vide judgement and order dated 01.09.2005, the petitioner filed the instant Second Revision on 27.11.2005. It is submitted that in view of various decisions of the High Court Division the suit being valued at Tk. 15,53,236.56 only, i.e. more that the pecuniary jurisdiction of the learned District Judge, the petitioner ought to have filed the said revision in the High Court Division. But being ill-advised the petitioner filed the said revision in the Court of District Judge instead of filing the same in the High Court Division. Since the said Civil Revision No. 80 of 2005 has been rejected by the learned Court below vide judgement and order dated 01.09.2005 whereupon the petitioner filed the instant Second Revision on 27.11.2005, the petitioner prays that the instant Second Revision may be converted into First Revision on the grounds taken by the petitioner in its Second Revision.

Copies of Plaint and Application under Order I, Rule 10(2) are annexed herewith and marked as ANNEXURES “B” and “B(1)”.

04. That in such situation the instant Second Revision may be converted into First Revision against the impugned order No. 34 dated 25.10.2004 passed by Mr. Mahtab Hossain, Joint District Judge, 5th Court, Dhaka in Money Suit No. 64 of 2001.

05. That it is submitted that the impugned order No. 34 was passed on 25.10.2004 by Mr. Mahtab Hossain, Joint District Judge, 5th Court, Dhaka. The petitioner applied for certified copy on 03.11.2004 and obtained the certified copy on 15.02.2005. The petitioner filed Civil Revision No. 80 of 2005 in the Court of District Judge, Dhaka on 07.03.2005. The said Revision was dismissed on 01.09.2005. The petitioner applied for certified copy of the said judgement and order on 14.09.2005 and obtained the same on 21.09.2005. The petitioner filed the instant Second Revision on 27.11.2005. As such upon conversion of the instant Second Revision into First Revision, there will be a delay of 19 days, which may be condoned.

06. That this supplementary affidavit may be treated as part of the Application affirmed on 27.11.2005.

07. That the statements of facts made above are true to the best of my knowledge and belief based on documents and the rest are submissions before this Hon’ble Court.

Prepared in my office: DEPONENT
Advocate The deponent is known to me and identified by me.
Solemnly affirmed before me by the aforesaid deponent on this the ______________ day of ___________________ ADVOCATE

Commissioner of Affidavits

Supreme Court of Bangladesh

High Court Division

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