Sunday, January 12, 2014

Opening statement of Defendant on Specific Performance of contract



                                Opening   Statement

Your honour ,I am advocate Md.Raisul kabir and my collegue Umee Salma Tuli engaged by the plaintiff of this suit.This is an other suit no.96/2013 seeking specific performance of contract.
My client’s case in short is that:
Your honour,there was friendly relationship plaintiff and the defendant.The defendant was engaged in a shop beside the plaintiff’s at Khatunganj,Ctg.Due the defendant financial problem,the plaintiff lend him one lakh taka.Later the bearer cheque no.1212 of tk one lakh,in the name of plaintiff.But on deposit of the cheque at the united commercial bank,Khatunganj,Ctg,it was dishonoured.Later on after several times request for by the plaintiff the defendant refunded tk=50,000/- in cash the rest 50,000/- taka remaining unpaid.But the defendant could not overcome his financial crisis and he offered to the plaintiff to purchase the land of his father.When the plaintiff agreed to purchase the land,registered contract for sale deed bearing no.1000 was executed between the plaintiff and defendant. On 8-5-13.As per contract for sale deed the value fixed at tk ten lakh out of which five lakh tk has been paid to the defendant by the plaintiff in advance.Two months has been elapsed already but the defendant is not executing the registered sale deed of the schedule land.On 8-8-13 the plaintiff sent a legal notice to the defendant,but the refused to execute sale deed over phone.In the meanwhile the legal notice returned unserved on 22-8-13.Finding no other alternatives the plaintiff has filed this suit before the learned court seeking.
Your honour I have got witness and will produce them before the learned court to prove my case.

No comments:

Post a Comment