Uttara Bank Limited -Versus- Z Limited and others

BEFORE THE 4TH ARTHA RIN ADALAT, DHAKA

ARTHA RIN SUIT. NO. ____OF _____

Uttara Bank Limited

PLAINTIFF

-Versus-

Z Limited and others

DEFENDANTS

WRITTEN OBJECTION ON BEHALF OF THE PLAINTIFF AGAINST THE APPLICATION FOR AMENDMENT OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT NOS. 1-2 UNDER ORDER VI, RULE 17 OF THE CODE OF CIVIL PROCEDURE.

The plaintiff above named most respectfully

SHEWETH:

01. That the application under Order VI, Rule 17 of the Code of Civil Procedure is not maintainable in law and on facts and hence it is liable no be rejected.

02. That the application has been filed with malafide intention to make out a new case which shall change the nature and character of the written statement filed earlier by these defendants on 05.04.2005. As such the application is liable to be rejected.

03. That the application for amendment of the written statement has been filed after completion of the deposition of the PW-1 and as such to fulfil the lacuna of the written statement, which should not be entertained by any Court of Law being violative of natural justice, as such the application is liable to be rejected.

04. That the amendment is not necessary to determine the controversy between the parties to the suit, hence the application is liable to be rejected.

05. That the statements made in the application, which are not specifically denied by this plaintiff, shall be deemed to be denied for all purpose and intent.

06. That since the amendment is not necessary for decision in the suit, it should not be allowed.

07. That the statements made in paragraph 1 of the application are matters of record and as such this plaintiff does not offer any comments on the same.

08. That the statements made in paragraphs 2-3 of the application are false, fabricated, misconceived and misrepresentation of facts and as such denied by this plaintiff.

09. That the statements made in paragraph 4 of the application are false, fabricated, malafide, misleading and irrelevant hence denied by this plaintiff. Contrary to what has been alleged, this plaintiff submits that the suggested amendment is nothing but putting of new afterthought case about which this plaintiff did not make any statement in the plaint. It is also submitted that the suggested amendment being a new afterthought case the same can not be determined in the instant suit. Hence, the application is liable to be rejected.

Wherefore, it is most humbly prayed that your honour would be pleased to reject the application for amendment of the written statement under Order VI, Rule 17 of the Code of Civil Procedure filed by the defendant Nos. 1-2; and/or pass such other or further order or orders as your honour deems fit and proper.

And for this act of kindness this plaintiff, as in duty bound shall ever pray.

AFFIDAVIT

I, _________________________, son of ______________________, of Uttara Bank Limited, Pallabi Branch, Mirpur, Dhaka, aged about ______ years, by faith _______________, by nationality Bangladeshi, by profession Service-holder, do hereby solemnly affirm and declare as follows:

1. That I am the officer of the plaintiff and tadbirkar of this suit and acquainted with the facts and circumstances and competent and authorised to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief which I verily believe to be true and rests are submissions before this Hon’ble Court and in witness whereof I swear this Affidavit and signed below before the Affidavit Commissioner on this the __________ day of _________ at ______ a.m.

DEPONENT
The deponent is known to me and identified by me.

ADVOCATE

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