Written statement- Moot Court

Topics: Plaintiff, Civil procedure, Pleading Pages: 2 (437 words) Published: February 24, 2014
IN THE COURT OF 1st CLASS CIVIL JUDGE, LAHORE

The Aga Khan Hospital and Medical College Foundation

VERSUS

Mr. Bashir Ahmad

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
Respectfully Sheweth:
Preliminary Objections
1. That the Plaintiff has not properly authorized Mr. Sherali Razwani S/O Ferozeali Razwani and Mrs. Shagufta Shamsuddin Hassan W/O Shamsuddin Sadruddin Hassan to file this suit. Hence, the Plaint is liable to be dismissed. 2. That the plaint is defective on the grounds that plaint has not been duly verified. Hence, the Plaint is liable to be dismissed. 3. That the Plaintiff has willingly failed to perform his part of the agreement, hence fails to comply with the fact that one who seeks equity must do equity. Hence, the Plaint is liable to be dismissed 4. As the plaintiff did not approach the court with clean hands, hence the Plaint is liable to be dismissed.

On Merits
1. Admitted to the extent of the names and credentials of the personnel. However, personnel mentioned here are not properly authorized to institute this suit. 2. Admitted.
3. Admitted.
4. Admitted
5. Admitted. However the closing date mentioned in the ‘Agreement’ was not 26-02-2014, rather it was 26th of February 2013. 6. Denied. The Defendant was well aware of his obligations and had acquired the ‘Fard’ on 10th of February 2013. The defendant had also duly attested the said document by the revenue authorities before the ‘closing date’. Moreover, the defendant vehemently denies the claim of the plaintiff regarding the reminders. 7. Denied. The Defendant, after discharging its obligations as per defined in ‘the Agreement’, served the notice to the plaintiff regarding payment of money dated 12th of February, 2013. When the Defendant approached the plaintiff, with the ‘Fard’, on the closing date, the Plaintiff refused to pay. Thereafter, another legal notice was served, by the Law-14 Associates on behalf of the defendant, to the Plaintiffs dated 27th of...
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