IN THE ARTHA RIN ADALAT 3RD COURT, DHAKA
MONEY EXECUTION CASE NO. 66 OF 2001
Arab Bangladesh Bank Limited
M/S. X Impex and others
An application under Order 1 Rule 10(2) of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003.
The above named decree holder bank most respectfully state as follows :
1. That the decree holder Bank as plaintiff filed Money Suit No. 33 of 1997 against the defendants i.e. (I) M/S. X Impex (ii) Mr. A.H.M. Safru (iii) Mr. Masud Ahmed (iv) Mr. Badiul Alam and (v) Mr. Noor Mohammad for recovery of Money amounting to Tk. 13, 06, 780.68 as on 31.12.1996 in the Court of Subordinate Judge and Artha Rin Adalat No.3, Dhaka.
2. That after filing the suit No. 33 of 1997 summons were duly served upon the defendants but the defendants abstained from appearing and contesting in the suit. After completion of all procedural formalities and hearing of the suit the learned Court was pleased to pass decree against the defendants with cost in favour of the plaintiff Bank. The defendants did not pay the decreetal amount as per the decree.
3. That it is submitted that in the Money Suit No. 33 of 1997, the defendant Nos. 4 i.e. Mr. Badiul Alam and 5 i.e. Mr. Noor Mohammad has impleaded as guarantor of the loan availed by the defendant No. 1 and decree has been passed against all the defendants. As such at the time of filing of the above execution Case Mr. Badiul Alam and Mr. Noor Mohammad has included in the said execution case as judgment debtor Nos. 4 & 5. However, at the time of filing the suit the name of the defendant Nos. 4 i.e. Mr. Badiul Alam and 5 i.e. Mr. Noor Mohammad were inadvertently included in the plaint as defendant Nos. 4 & 5 although they did not execute any personal guarantee or mortgaged any property or executed any charge documents as security of the credit facility availed by the defendant No.1 from the plaintiff.
4. That as per relevant provision of law and aforementioned facts and circumstances, it is apparent that the plaintiff inadvertently included Mr. Badiul Alam and Mr. Noor Mohammad as the defendant/judgment debtor Nos. 4 and 5 in Money Suit No. 33 of 1997 and thereafter Money Execution Case No. 66 of 2001 also.
5. That as per relevant provisions of law there is no bar to strike the name of the defendant/judgment debtor Nos. 4 and 5 from the Money Execution Case No. 66 of 2001. If it is found that at any stage of the proceedings, the name of any party improperly joined, whether as plaintiff or defendant be struck out. So, in view of that if the name of the defendant/judgment debtor Nos. 4 and 5 not strike out from the execution proceedings the decree holder Bank will be answerable to them and will be prejudiced. As such the decree holder bank prays before the learned Court to pass an order for striking out the name of the judgment debtor Nos. 4 and 5 from the above noted execution case to avoid future legal complication.
6. That the petition has been filed bona fide.
Wherefore, it is humbly prayed that your honour would graciously be pleased to allow the prayer for striking out the name of the judgement debtor Nos. 4 i.e. Mr. Badiul Alam and 5 i.e. Mr. Noor Mohammad from the application of execution form as inadvertently included, and/or pass such other order or further order as the learned Court may deem fit and proper.
AND for this act of kindness the decree holder bank as in duty bound shall ever pray.
A F F I D A V I T
I, ____________________________, son of ________________, _________ Arab Bangladesh Bank Limited, Motijheel Corporate Branch, BCIC Bhaban, BSB Bhaban, 8, Rajuk Avenue, Dhaka aged ________years, by occupation service, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:
1. That I am the tadbidkar of the Decree Holder Bank in this Execution Case and am fully acquainted with the facts and circumstances of the case and competent to swear this Affidavit.
2. That the statements made above are true to the best of my knowledge and belief and the rests are submission before the Hon’ble Court on __________ at _________ a.m.
The deponent is known to me and identified by me.