How to make plaint,Presented by :Shah Arafat Ayatullah
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This document is a civil suit filed by Sajjad Bin A Hai against Jiaul Karim Murad. Sajjad loaned Jiaul Tk. 55,00,000 for business purposes on 10.12.2015, with the agreement that Jiaul would repay the money within 6 months. When Sajjad asked for repayment on 15.06.2016, Jiaul denied taking the money. On 03.10.2016, Jiaul told Sajjad's friend that he would not repay the debt and planned to dispose of his property and move to Kishoreganj. Sajjad is seeking a court order for Jiaul to furnish security, repay the debt plus compensation
How to make plaint,Presented by :Shah Arafat Ayatullah
- 1. In THE COURT OF 5th JOINT DISTRICT JUDGE, GAZIPUR. Civil Suit No. 420/2016. IN THE MATTER OF suit for recovery of money Tk.55, 00,000/- An interim Application under Order XXXVIII Rule 5 and section 151 of the Code of Civil Procedure. IN THE MATTER OF Sajjad Bin A Hai S/O Abdul Hai, Village: Rajendrapur Post Office: Rajendrapur, Police Station: Shreepur, Thana: Shreepur District: Gazipur. …………..Plaintiff Versus. Jiaul Karim Murad S/O of …………….. Village: Rajendrapur Post Office: Rajendrapur, Police Station: Shreepur, Thana: Shreepur District: Gazipur. …………Defendant
- 2. The humble petition of the above named plaintiff most respectfully states as follows: 1. That Mr. Sajjad Bin A Hai plaintif of this case is an honest, pious, passionate person. He gave Tk.55, 00,000/- to the Jiaul Karim Murad for the pupose of business 10.12.2015. 2. That the defendant promises him to return money within 6 month. 3. That the plaintiff when invoke the lend money the defendant evasively deny on 15.06.2016 no money he takes from plaintiff. 4. That the plaintiff invokes the mechanism under the law of the land. 5. That on 03 October, 2016 the defendant meet with one of plaintiffs friend Nashidul Haque and told that he won’t return that money rather he is going to dispose all of his property and shifted to kishoreganj . 6. That the plaintiff try to solve this matter by way of salish defendant avoid that by showing some unusual matter. Neither plaintiff defendant did same to other people also. Relief Claimed: (11) The plaintiff, therefore prays that 1. The court is pleased to order the Defendant to furnish security before the court. 2. The plaintiff invoke the lend money from defendant as well as possible. 3. The defendant is ordered to pay compensation for mental harassment, loss of wages, and cost of this litigation. 4. The plaintiff invoke the mechanism as like that until end of the suit the defendant is ordered not to go anywhere beyond local jurisdiction of the court. Whereof, it is most humbly prayed that your Honor would graciously be pleased to a) Pass an order of permanent injunction restraining the defendants from sell. b) direction for attaching the immoveable properties of the defendants and sell thereof in case of failure to repay the decree amount by the defendants to the plaintiff; And for this act of kindness, the plaintiff as in duty bound shall ever pray.
- 3. Place: …………………. (Signature of the plaintiff) Date: ………………….. Advocate Verification I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct and true to the best of my knowledge and contents from para 5 to 6 are based on legal advice, which I believe to be correct. Affirmed at Indore this 14th Day of September 2016. (Signature) Plaintiff
- 4. Affidavit I, …………………………………………………. Son of ……………………………….. Bangladeshi by birth do hereby solemnly affirm and say as follows: 1. That, I am fully acquainted with the facts and circumstances of this suit and as the tadbirkar of the suit I am competent and authorize to swear this affidavit; 2. That the statements made herein above are true to the best of my knowledge and belief and in testimony whereof I set my hand this….. Day of August, 2016 before the Commissioner of Affidavit of this Court at about …..Am/ pm; DEPONENT ……………… Prepared in my office The deponent is known to me and identified by me.
- 5. AIR 1982 SC 989 It was held that attachment before judgment is levied where the court on an application of the plaintiff is satisfied that the defendant with intend to obstruct or delay the execution of any decree that may be passed against him (a) is about to dispose of the whole or any part his property,(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court AIR 1984 Mad 70 It was held that before an order of attachment the court must be satisfied about the following tow conditions: if the defendant with the intention (a) that the defendant dispose of the whole or any part his property (b) that the dismissal is with the intention of obstructing or delaying the execution of any decree that may be passed against him.