Rejection of plaint
Rejection of plaint – Drafting
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IN THE COURT OF FIRST ASSISTANT DISTRICT JUDGE, DHAKA
TITLE SUIT NO. __ OF 2016
Abdur Rab Chowdhury
V E R S U S
……… Defendants No1 -petitioner
An application under Order VII rule 11(d) of the Code of Civil Procedure 1908 for rejection of Plaint
The Defendants – Petitioners above named most respectfully
S H E W E T H:
- That the instant suit has been filed by the plaintiff for specific performance of Contract.
- That the suit is now in its SD
- That upon reading the Plaint, it appears that the Plaintiff has stated the agreement for sale is an unregistered one.
- That section 21A of the Specific Relief Act 1877 has laid down that unregistered contract for sale is not specifically enforceable. In view of this provision, the Plaintiff’s suit is barred and hence the Plaint is liable to be rejected.
- That unless the Plaint is rejected as barred by law, the Defendant will suffer irreparable loss an injury and ends of justice will be frustrated.
Wherefore it is most humbly prayed that your Honor would graciously be pleased to reject the plaint with costs against the plaintiff
A F F I D A V I T