IN THEARTHA RIN ADALT, 3RD COURT, DHAKA
ARTHA RIN SUIT NO. 52 OF 2003
Arab Bangladesh Bank Limited
X Bahumukhi Farm (Pvt.) Limited and others
WRITTEN OBJECTION FILED BY THE PLAINTIFF AGAINST THE APPLICATION FILED BY THE DEFENDANTS UNDER ORDER XIV, RULE 5 READ WITH SECTION 13 OF THE ARHA RIN ADALAT AIN-2003.
The humble petition of the plaintiff/petitioner above named most respectfully
1. That the application filed by the defendants/petitioners is not maintainable in its present form and manner and as such the application is liable to be rejected.
2. That the application filed by the defendants/petitioners is not maintainable in law and in facts and hence the application is liable to be rejected in limine.
3. That the defendants/petitioners has filed the application under Order 14, Rule 5 with malafide intention and on vexatious plea only to delay the suit filed by the plaintiff/opposite party and as such the application is liable to be rejected summarily.
4. That the statements made in the application, which have not been specifically admitted hereinafter, shall be deemed to have been denied by the plaintiff /opposite party.
5. That the statements made in paragraph Nos.1 and 2 of the application are matters of record and hence plaintiff/opposite party makes no comment.
6. That the statements made in paragraph No. 3 and 4 of the application filed by the defendant/opposite parties are irrelevant for the disposal of the present case. Further it is submitted that the suggested issues have already been covered by the existing issues i.e.“ Whether the plaintiff is entitled to get decree in the suit as prayed for” framed by the learned Court earlier and as such no additional issues as suggested by the defendant are required and the application for framing of additional issues is liable to be rejected summarily.
Wherefore, it is humbly prayed that this Hon’ble Court may be kind enough to reject the application filed by the plaintiff under Order XIV, Rule 5 of the Code of Civil Procedure with compensatory costs and/or pass any other order or orders as the Court may deem fit and proper.
AND for this act of kindness the plaintiff/opposite party as in duty bound shall ever pray.
A F F I D A V I T
I, _________________________, son of ____________________, Senior Officer of Arab Bangladesh Bank Limited, Gulshan Branch, House No. CWN(A)-3, Road No. 49, Gulshan Model Town, Dhaka, aged about 39 years, by occupation service, by faith Hindu, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:
01. That I am the Senior Officer of the plaintiff/opposite party in this case and as such I am fully acquainted with the facts and circumstances of the case and competent to swear this Affidavit.
02. That the statements made above are true to my knowledge and belief and the rests are submission before the Hon’ble Court on _____ day of ___________, 2004 at ______ a.m. before the affidavit commissioner.
The deponent is known to me and identified by me