X and others -Versus- National Vegetable Oil Limited & Others

IN THE COURT OF 1st JOINT DISTRICT JUDGE, DHAKA

TITLE SUIT NO. 106 OF 2003

IN THE MATTER OF:

An application under Order XIV Rule 2 of the Code of Civil Procedure-1908 for framing legal issues of the suit and trying those at first.

AND

IN THE MATTER OF:

X and others

Plaintiff/Opposite Parties

-Versus-

National Vegetable Oil Limited & Others

Defendants

AND

IN THE MATTER OF:

Arab Bangladesh Bank Limited

Defendant/Petitioner

The petitioner above named most respectfully:

SHEWETH

1. That the opposite parties/plaintiffs filed the Title Suit No. 106 of 2003 against the defendants seeking the following relief’s:

a) It be declared that the Mortgage deed described in the B schedule of the plaint is forged, fabricated, illegal and void

b) Cost of the suit be decreed against the defendants

c) Any other relief that may be available to the plaintiff.

2. That the suit is clearly barred by law of Specific Relief Act and as such the present suit is not maintainable in its present form and nature.

3. That as the plaintiff’s suit is clearly barred by law of Specific Relief Act which is required to frame a legal issue as suggested below as to maintainability of the suit and try the same at first and postpone the settlement of issues of fact until after the issues of law have been determined.

Legal issue suggested by the defendant petitioner:

“Whether the suit being barred by Section 42 of Specific Relief Act is maintainable in its present form and nature”

4. That the suit may be disposed of only on the issue of law suggested above.

5. That the petition has been filed bonafide.

Wherefore it is humbly prayed that this Hon’ble Court may graciously be pleased to frame the legal issue suggested above and try the same at first and also postpone the settlement of issues of fact until after the issue of law have been determined.

And for this act of your kindness defendant shall ever pray.

AFFIDAVIT

I, ______________ son of ___________________of Arab Bangladesh Bank Limited, Principal Branch having addrBCIC ess at 30-31 BCIC Bhaban, Dilkhusha C/A Dhaka aged about _______ years, by faith Muslim, Nationality Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:

1. That I am an officer of the defendant petitioner of this suit and well conversant with the facts of the of the suit 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 27th day of July, 2004 at _________ a.m. before the Commissioner of affidavit.

DEPONENT

The Deponent is known to me and identified by me.

ADVOCATE

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