Bangladesh Finance And Investment Company Limited -Versus- X Cab Transport (BD) Limited and others

IN THE 2ND ARTHA RIN ADALAT AT DHAKA

ARTHA RIN SUIT NO. 283 OF 2003

Bangladesh Finance And Investment Company Limited

Plaintiff/Petitioner

-Versus-

X Cab Transport (BD) Limited and others

Defendants/Opposite Parties

AN APPLICATION UNDER ORDER I RULE 10(2) AND ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR AMENDMENT OF PLAINT

The plaintiff/petitioner above named most respectfully –

SHEWETH:

01. That the plaintiff/petitioner has filed the instant suit against the defendants/opposite parties for recovery of loan availed by the defendant/opposite party No. 1 from the plaintiff/petitioner.

02. That the loan availed by the defendant/opposite party No. 1 was secured by various kinds of security arrangements including mortgage of property by Mr. Md. Solaiman. However, at the time of filing the suit the name of Mr. Md. Solaiman and the schedule of mortgaged property was inadvertently omitted from the plaint.

03. That for ends of justice and for proper and final adjudication of the suit Mr. Solaiman is required to be added as a defendant in the suit and the name of Mr. Md. Solaiman along with the schedule of the mortgage property are required to be inserted in the plaint. Under the circumstances, the plaint is required to be amended as follows:

a) Cause Title

In the Cause Title of the plaint, the name and address of Mr. Md. Solaiman will be added as follows:

“7. Mr. Md. Solaiman

Son of late Md. Ismail

21, Goura Sundar Roy Lane

P.S. Lalbag

District- Dhaka”

b) Paragraph 02

After the 4th sentence in paragraph 02, the following sentence will be inserted:

“The defendant No. 7 is a relative of defendant Nos. 2-5 and mortgaged the scheduled property in favour of the plaintiff company securing the regular payment of the Lease Rentals by the defendant No. 1.”

c) Paragraph 10

After the sub-paragraph (c) in paragraph 10 of the plaint, the following new sub-paragraph (d) will be inserted:

“(d) Registered Deed of Mortgage executed on 05.11.2003 mortgaging the scheduled property by the defendant No. 7 in favour of the plaintiff company to secure regular payment of the Lease Rentals by the defendant No. 1”

d) Paragraph 24

At the end of paragraph 24, the following sentence will be inserted:

“Furthermore, the plaintiff is legally entitled to foreclose the scheduled property for adjustment of the liability of the defendant No. 1 with the plaintiff company.”

e) Paragraph 25

In line 11, after the words “in the name of defendants No. 1 itself” the following words will be inserted:

“on 05.11.2003 when the defendant No. 7 executed the mortgage deed of the scheduled property in favour of the plaintiff”

f) Prayer

The following new prayer (cc) will be added after prayer “c”:

“(cc) A decree for sale of the mortgaged property as described in the schedule below;

g) New Schedule “C”

The following new Schedule “C” will be added after the Schedule “B”:

“SCHEDULE “C”

(Schedule of mortgaged property)

District – Dhaka, P.S. Lalbag, Touzi No. 3709 B-1 under Dhaka Collectorate, Sabek Mouja – Shahar Dhaka, at present Lalbag, C.S. Khatian No. 1224, S.A. Khatian No. 1126 R.S. Khatian No. 1699, Mohanagar D.P. Khatian No. 7777, C.S. Plot No. 233, S.A. Plot No. 2750, R.S. Plot No. 4781, Mohanagar Jarip Plot No. 10340 measuring an area of 0380 (three hundred and eighty) ajutangsha with a one storied building situated thereon.”

04. That the amendments mentioned above are necessary for the purpose of determining the real questions in controversy between the parties.

05. That the proposed amendments will not change the nature and character of the suit.

06. That this application has been filed bonafide.

Wherefore it is humbly prayed that your Honour would graciously be pleased to allow the application for addition of party and amendment of the plaint as proposed above and/or pass such other or further order(s) as may deem fit and proper.

AND for this act of kindness the plaintiff/petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, __________________, son of __________________ of Bangladesh Finance and Investment Company Limited, Baitul Hossain Building, 2nd floor, 27 Dilkusha Commercial Area, Dhaka-1000, Bangladesh, aged about 28 years, by faith Muslim, Nationality: Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:

1. That I am an officer of the plaintiff company of this suit and well conversant with the facts of the case and competent to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief and rests are submissions before this Hon’ble Court and in witness whereof I swear this affidavit and signed below on this the 27th day of July, 2004 at _______ p.m. before the Commissioner of Affidavits.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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