IN THE COURT OF JOINT DISTRICT JUDGE, 1ST COURT, DHAKA
TITLE SUIT NO. ____ OF ______
X and others
Y and others
WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO. 5:
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 defendant no. 5 and as such the suit should be dismissed with costs.
03. That the suit has been filed with malafide intention to make illegal gain from the defendants. 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 waiver, acquiescence and estoppel.
05. That the suit is framed on wrong conception of law and facts.
06. That the suit is bad for non-joinder and mis-joinder of parties.
07. That the suit is not maintainable as it did not comply with the legal formalities preceding the filing of a suit. 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.
08. That the statements made in the suit which are not specifically admitted hereinafter shall be deemed to have been denied by the defendant No. 5.
09. That the statements made in paragraphs 1 of the plaint are mostly matters of record. The burden of proving the statements lies strictly upon the plaintiffs and therefore, this defendant No. 5 refrains from making any comments.
10. That the statements made in paragraph 2 are partly matters of record and partly denied. The burden of proving the statements lies strictly upon the plaintiffs.
11. That the statements made in paragraph No.3 are denied wholly and the burden of proving the statements lies strictly upon the plaintiffs.
12. That the allegation made in paragraph No. 4 of the plaint are denied wholly and not related to the defendant No. 5 which lies strictly on the plaintiffs to prove.
13. That the allegations made in paragraph No. 5 of the plaint are denied wholly and not related to the defendant No. 5 which lies strictly on the plaintiffs to prove.
14. That the allegations made in the paragraph No. 6 of the plaint are denied wholly and not related to the defendant No.5 which lies strictly on the plaintiffs to prove.
15. That the statements made in paragraph Nos. 7, 8 & 9 of the plaint filed by the plaintiff are false, fabricated, concocted, misconceived and hence strongly denied by the defendant No. 5.
16. That the real facts of the suit are that there was a deed of mortgage of the land measuring an area of 0.0825 ajutangsha or 5 (five) kathas situated within district- Dhaka, PS & Sub-registry office- Cantonment under Dhaka Collectorate, Touzi No. 1102, Mouza- Zoarshara, J.L. Nos. 271 (CS) & 110 (SA), CS Khatian No. 374, SA Khatian No. 807, CS & SA Plot No. 3347/3422, between land owners Yand Dand Arab Bangladesh bank Limited on 11.08.02 for the purpose of the enhancement of the overdraft facility from tk. 30,00,000.00 only to taka 50,00,000.00 only in favour of M/s. Z Milk Dairy & Food Packing Industry, a proprietorship concern of Mr. Q, the borrower. Mr. P and Mrs. D have become the owner of the land by way of purchase deed No. 7574 dated 27.06.1993 from M/s. E Property Development (Pvt.) who become the owner of the land by way of purchase vide deed No. 4184 dated 12.04.1993 from Abdul Hamid and Abdul Hakim who became the owner of the land through inheritance. The Mortgagors also executed the irrevocable general power of attorney (IGPA) in favour of Arab Bangladesh Bank Limited on 11.08.02. Before the execution of the deed of mortgage, the defendant No. 5 obtained the non-encumbrance certificate on 16.07.2002 that the property in question was free from any encumbrance.
17. That the defendant No. 5 has all right to sell the mortgage land which is free from all encumbrances, in order to realize the outstanding dues of defendant No. 3, Mr. Q, proprietor of M/s. Z Dairy Milk. The only intention of the plaintiffs is to harass and illegal gain from the defendant No.5. Therefore, there is no cause of action arose to file this suit against defendant No. 5. The plaintiff added my client in this suit with melafide intention to harass the defendant No. 5. This suit is not maintainable against the defendant No. 5. Therefore, the suit filed by the plaintiffs is liable to be dismissed.
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. 5.
And for this act of kindness the defendant 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 the _____ day of _____________________.