Precedent No. 22

 

AFFIDAVIT: UNDER

 

ORDER XLI, RULE 27 OF

 

THE CODE OF CIVIL

 

PROCEDURE, 1908

 

 

BEFORE THE CITY CIVIL COURT,                            

Interlocutory Application No              of 20               

In

Civil Appeal No                         of 20               

 

Applicant/Appellant:

Vs.

Respondent:

 

AFFIDAVIT of……………………. ,W/o…………….. aged………… years, presently

   and permanently residing in…………………………….

 

The deponent abovenamed, hereby solemnly affirms and declares as follows:

 

1. That the deponent is the petitioner in the Application and appellant in the Appeal referred to above. Being well conversant with the facts and
   circumstances of the case, the deponent is fully competent to swear to
   this affidavit. The deponent will be referred to as the applicant hereinafter.

2.. This appeal was filed on                   by the applicant against the Judgment

and decree of the City Civil Court XVV, …………………………. in O.S. No.

 

3. It is submitted that prior to…………….. , notwithstanding the exercise of

due diligence by the applicant, the accompanying documents could not have been procured by her as she had absolutely no knowledge of the transactions mentioned therein. Immediately after coming to know of the existence of the aforesaid transactions and the documents concerning the same on        , the applicant applied for copies of said registered documents before the Sub-Registrar and obtained the same only on  She is now producing the same alongwith the accompanying

application.

4. In view of the aforementioned facts, it is most apparent that the non-production of the said documents earlier in the Court is owing to the circumstances referred to above and not owing to any willful default, neglect or laches on part of the applicant.
5. It is submitted that the aforesaid documents are of vital significance and will prove to be highly instrumental in establishing the case of the applicant and facilitate the easy and just disposal of the appeal by this Hon’ble Court.
6. In case the said documents are not received on file and in evidence by this Hon’ble Court, it will cause irreparable injury and hardship to the applicant.
7. It is, therefore, in the interest of justice that the documents listed in the accompanying application may be received by this Hon’ble Court on file and in evidence.

Sd./ Deponent.

Verification

Verified    at…………….. on    this    the……………………… day   of                       ,

20…………. , that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Sd./ Deponent.

 

 

Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the……………… day of……….. ,20…………..

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed under law.