Arab Bangladesh Bank Limited -Versus- X Bahumukhi Farm (Pvt.) Limited and others

IN THEARTHA RIN ADALT, 3RD COURT, DHAKA

ARTHA RIN SUIT NO. 52 OF 2003

Arab Bangladesh Bank Limited

PLAINTIFF/

OPPOSITE PARTY

-Versus-

X Bahumukhi Farm (Pvt.) Limited and others

DEFENDANTS/

PETITIONERS

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

SHEWETH:

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.

DEPONENT

The deponent is known to me and identified by me

ADVOCATE

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.