Mr. X -Versus- Mr. Y and others


TITLE SUIT NO. _____OF ______

Mr. X



Mr. Y and others



01. That the suit filed by the plaintiff is not maintainable in its present form and nature.

02. That there is no cause of action to file the suit against the defendants Nos. 4 & 5 and as such the suit should be dismissed with costs.

03. That the suit has been filed in malafide intention to make illegal gain from the defendant No. 4 and 5. Since the suit has been filed with malafide motive, the suit is liable to be dismissed.

04. That the suit is barred by the principles of acquiescence and estoppel.

05. That the suit is framed on wrong conception of law and facts.

06. That the suit is liable to be dismissed summarily on the face of the plaint as the plaintiff filed the said suit without any cause of action.

07. That the statements made in the suit which are not specifically admitted hereinafter shall be deemed to have been denied by the defendants Nos. 4 & 5.

08. That the statements made in paragraph 1, 2 and 3 of the plaint are statements of record and assertion and the plaintiff is put to strict proof thereof. Therefore, these defendants Nos. 4 & 5 refrain from making any comments.

09. That the statements made in paragraph No. 4, subsequent paragraph (wrongly mentioned as No.4) and paragraph No. 5 of the pliant are misleading, untrue and hence denied by the defendant Nos. 4 & 5. It is submitted that the defendant Nos. 4 & 5 as the company in which the scheduled shares are held is not concerned with the dispute as to the ownership or custody of shares. The defendants No. 4 & 5 only affect the transfer of shares in accordance with duly executed instruments and in accordance with the legal provisions as laid down in Companies Act, 194 applicable and in force in Bangladesh.

10. That it is submitted that as for the concerned shares in question, if the defendants No. 4 & 5 is presented with duly executed and verified Form- 117 (Instrument to transfer of shares) and Share Purchase Receipt from the relevant Stock Exchange and upon reasonable verification (without negligence) on the face of the documents it appears to be genuine, the defendants No. 4 & 5 is legally obliged to effect the transfer of such shares under compulsion of law.

11. That it is submitted that defendants No. 4 & 5 in any way is not involved with in any illegal activities with the defendant No. 1 in respect of the shares in question or any other matter.

12. That it is further submitted that the defendants No. 4 & 5 as a banking institution cannot simply withhold transfer of shares which were legally purchased by the investors in the share market for an indefinite period on unsubstantiated or unjustifiable grounds.

13. That the statements made in paragraph No. 6 of the plaint are matters of fact and not related to the defendants Nos. 4 & 5, burden of proof strictly lies upon the plaintiff and as such require no comments.

Wherefore, it is humbly prayed that your Honour would graciously be pleased to dismiss the suit filed by the plaintiff with compensatory costs in favour of the defendant No. 4 & 5.

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

That the statements made above are true to my knowledge and matters of records whereof I put my signature on this the _________ day of ______________.