National Housing Finance and Investments Limited -Versus- X Development and Construction Limited and Others

IN THE ARTHA RIN ADALAT, 2ND COURT, DHAKA.

ARTHA RIN SUIT NO. ____OF __________

National Housing Finance and Investments Limited

Plaintiff/Petitioner

-Versus-

X Development and Construction Limited and Others

Defendants/Opposite Parties

AN APPLICATION UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR AMENDMENT OF PLAINT

The plaintiff/petitioner above named most respectfully –

SHEWETH:

01. That the plaintiff/petitioner has filed the instant suit on 22.11.2006 against the defendants/opposite parties for realization of money amounting to Tk. 3,66,05,237.00 (Taka three crore sixty six lac five thousand two hundred thirty seven) only inclusive interest as on 31.10.2006.

02. That at the time of filing of the suit, the plaintiff mentioned in the plaint the 1st address of the defendant No.1 i.e. XDevelopment and Construction Limited as “Haque Chamber (5th Floor), 89/2 West Pantha Path, Dhanmondi, Dhaka”. The plaintiff very recently has come to know that the defendant No.1 has changed its above mentioned address and the new address is as follows:

“Ga-37/1 ‘Baridhara View’, Shajadpur, Pragati Sharani, Gulshan, Dhaka 1212.”

03. That it is very much necessary to amend the plaint to ensure justice and to avoid unnecessary dispute or confusion and the amendment is not inconsistent or will not change the nature and fundamental character of the suit.

04. That if the suggested amendments are made, the nature and character of the present suit shall remain unchanged.

SUGGESTED AMENDMENTS:

01. At the 1st page of the plaint, the 1st address of the defendant No.1 shall be replaced by the address “Ga-37/1 ‘Baridhara View’, Shajadpur, Pragati Sharani, Gulshan, Dhaka – 1212.” instead of “Haque Chamber (5th Floor), 89/2 West Pantha Path, Dhanmondi, Dhaka”.

02. At the 3rd page of the plaint, the 1st three line and line No. 14-16 will bereplaced by “Ga-37/1 ‘Baridhara View’, Shajadpur, Pragati Sharani, Gulshan, Dhaka – 1212.” instead of “Haque Chamber (5th Floor), 89/2 West Pantha Path, Dhanmondi, Dhaka”.

03. At 4th page of the plaint under line No. 4,5 and 6 will bereplaced by “Ga-37/1 ‘Baridhara View’, Shajadpur, Pragati Sharani, Gulshan, Dhaka – 1212.” instead of “Haque Chamber (5th Floor), 89/2 West Pantha Path, Dhanmondi, Dhaka”.

05. That the proposed amendments will not change the nature and character of the suit.

05. That this application has been filed bonafide.

Wherefore it is humbly prayed that your Honour would graciously be pleased to allow the application for amendment of the plaint as proposed above and/or pass such other or further order(s) as may deem fit and proper.

AND for this act of kindness the plaintiff/petitioner as in duty bound shall ever pray.

A F F I D A V I T

I, ______________________, son of ______________________ of National Housing Finance and Investments Limited, Corporate Head Office, National Plaza (7th Floor), 1/G, Free School Street, Sonargaon Road now C.R. Datta Road, P.S. Dhanmondi, Dhaka-1205, aged about ____ years, by faith _______, Nationality: Bangladeshi by birth, profession _________, do hereby solemnly affirm and declare as follows:

1. That I am __________ of the plaintiff/petitioner Company of this suit and well conversant with the facts of the case and competent to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief and rests are submissions before this Hon’ble Court and in witness whereof I swear this affidavit and signed below on this the ______ day of _________________ at _______ p.m. before the Commissioner of Affidavits.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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