An application for dispense with service of notice

DISTRICT: CHITTAGONG

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

F. M. A. NO. 230 OF 2003

IN THE MATTER OF:

An application for dispense with service of notice

IN THE MATTER OF:

Mr. X Ahmed Chowdhury

APPELLANT

Versus

Mr. Mohammad Y and others

RESPONDENTS

To

Mr. Justice K. M. Hasan, the Chief Justice of Bangladesh and his companion justices of the Hon’ble Supreme Court.

The humble petition on behalf of the above named plaintiff/appellant most respectfully-

SHEWETH:

01. That the appellant filed the above appeal on 29.04.2003 against the judgement and order dated 02.03.2003 passed by Mr. Mohammad Fakhruddin, Joint District Judge, 1st Court at Chittagong in Other Suit No. 79 of 2002.

02. That thereafter the plaintiff-appellant filed an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure and after hearing the plaintiff-appellant the Hon’ble Court was please to issue Rule upon the defendant-respondents No.1 to 6 and parties concerned are directed to maintain Status-Quo with regard to the property in question.

03. That subsequently the defendant-respondents No.1 to 6 appeared in the Appeal and filed an application by the defendant No. 1 to 3 for vacating the order of Status-Quo.

04. That service of notice upon the proforma defendant-respondents No. 7 to 29 may be dispensed with for early disposal of the Appeal.

05. That this application is filed bona fide.

Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to dispense with the service of notice upon the proforma defendant-respondents No. 7 to 29 and/or pass such other or further order or orders as your Lordships deem fit and proper.

And for this act of kindness the appellant as in duty bound shall ever pray.

AFFIDAVIT

I, Z, the eldest son of Mr. X, residing at Apartment No. 3D, Prestige Homes, 23 Segun Bagicha, Dhaka-1000, Bangladesh, aged about 27 years, a lawyer by occupation, by faith Muslim, nationality Bangladeshi, do hereby solemnly affirm and say as follows:

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

02. That the statements of facts made above are true to my knowledge and belief, which I verily believe to be true, and the rests are respectful submissions before this Hon’ble Court.

Prepared in my office:
Advocate DEPONENT
Solemnly affirmed before me by the aforesaid deponent on this the 3rd day of August, 2003 at ____ a.m. The deponent is known to me and identified by me.
ADVOCATE
Commissioner of Affidavits

Supreme Court of Bangladesh

High Court Division

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