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In The Court of 5 Joint District Judge, Dhaka

This document is a petition filed in the 5th Joint District Court of Dhaka seeking to amend a plaint in a title suit. The plaintiff, Azizul Hakim, is seeking to correct mistakes and omissions in the original plaint by substituting a digit and adding a new paragraph. The proposed amendments would not change the nature or character of the plaint and would not prejudice the opposing party. The plaintiff argues the amendments are needed to determine the real issues in controversy and that failing to allow the amendments would highly prejudice the plaintiff. The plaintiff petitions the court to allow the necessary amendments in the interest of justice.

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808 views4 pages

In The Court of 5 Joint District Judge, Dhaka

This document is a petition filed in the 5th Joint District Court of Dhaka seeking to amend a plaint in a title suit. The plaintiff, Azizul Hakim, is seeking to correct mistakes and omissions in the original plaint by substituting a digit and adding a new paragraph. The proposed amendments would not change the nature or character of the plaint and would not prejudice the opposing party. The plaintiff argues the amendments are needed to determine the real issues in controversy and that failing to allow the amendments would highly prejudice the plaintiff. The plaintiff petitions the court to allow the necessary amendments in the interest of justice.

Uploaded by

Deep Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA

TITLE SUIT NO. 20 OF 2016

Azizul Hakim,
Son of late Abdul Hakim
of House No.23, Road No.12,
Dhanmondi,
Police Station- Dhanmondi
Dhaka-1215

---------- Plaintiff - Petitioner

VERSUS

Ziaul Ahsan
son of Moinul Ahsan
of House No.45, Road No.3,
Azimpur,
Police Station-Lalbag
Dhaka
---------- Defendant – Opposite party

In the matter of
A petition for amendment of Plaint
under Rule 17, Order 6 of the Code of
Civil Procedure, 1908.

The humble petition for and on behalf


of the Plaintiff – Petitioner most
respectfully.

Presented by LawHelpBD.com Visit for more


2

SHEWETH

1. That the plaintiff petitioner instituted the suite on 01.02.2016


for declaration under section 42 of the Specific Relief Act,
1877 against the defendant.
2. That the suit is pending in this Hon’ble court and is fixed for
hearing on 01. 06. 2016
3. That the learned advocate of the plaintiff has drafted the
plaint in hurry to give the client immediate relief, in his
honest endeavor some mistake crept into the plaint and
several omissions were made which need to be corrected and
inserted by the way of amendment of plaint.
4. That the amendments sought for as follows:
a. In page No.2 at para 3 the digit “264” shall be
substituted by digit “246”.
b. After paragraph No. 9 of the plaint a new paragraph
requires to be inserted as Paragraph no. 9A with following
words;
“That after the death of defendant’s father defendant
came to the plaintiff and requested him to provide
him a job to survive.”
5. That the amendment shall be needed to determine the real
question of controversy.
6. That the proposed amendment shall not change the nature or
the character of the plaint and it shall not be prejudice to the
other party.
7. That If the court shall not grant the petition of amendment of
plaint, the plaintiff petitioner shall be highly prejudiced.

Wherefore it is most humbly


prayed that your lordship would
graciously be pleased to allow the
3

petition of amendment and pass


an order for the necessary
amendment accordingly for the
ends of justice. And to pass such
other order as deemed fit and
proper.

And for this act of kindness the plaintiff-petitioner as in duity


bound shall ever pray.

Affidavit
I, Azizul Hakim Son of - late Abdul Hakim and Amina Begum,
Permanent residence of House No.23, Road No.12, Dhanmondi,
Police Station- Dhanmondi, District - Dhaka, aged 60 years by
faith- Muslim, by profession- Businessman, By Nationality-
Bangladeshi do hear by solemnly affirm and say as follows.

1. That I am the petitioner of this application and well


acquainted with the facts and circumstances of this case and
competent to swear this affidavit.
2. That the statements made above are true to the best of my
knowledge and belief.

Prepared in my office
------------------------
Signature of the Deponent
-------------------------
Advocate (Notary Public) The deponent is known to me
and identified by me.

--------------------------
Advocate
4

Solemnly declared and affirmed before me on


This ____ day of ____ 20 __.

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