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Counter Affidavit Under Order Xi Rule 13 Of The Code Of Civil Procedure 1908

Category: Affidavits Civil

Precedent No 33 COUNTER AFFIDAVIT UNDER ORDER XI RULE 13 OF THE CODE OF CIVIL PROCEDURE 1908 BEFORE THE HON BLE SUBORDINATE JUDGE S COURT IA NO of 20 In O S No of 20 Petitioner Plaintiff Vs Respondent Defendant COUNTER AFFIDAVIT I S o aged now residing in The deponent abovenamed hereby solemnly affirms and declares as follows 1 That the deponent herein is the respondent in the accompanying Application and the defendant in the Suit referred to above The deponent is well conversant with the facts and circumstances of the present case and stands competent to swear to this affidavit The deponent will be referred to as the respondent hereinafter 2 By the I A No the petitioner has requested this Hon ble Court to direct the respondent to produce certain documents 3 It is respectfully submitted that the respondent is not at all in a position to produce the documents relating to the matter in question in the suit referred to as sought for in the application mention...


In A Suit For Recovery Of Money

Category: Affidavits Civil

Precedent No 53 AFFIDAVIT IN A SUIT FOR RECOVERY OF MONEY IN THE COURT OF SENIOR CIVIL JUDGE In Civil Suit No of 20 Plaintiff Vs Defendant AFFIDAVIT 1 1 S o aged years presently and permanently residing in do hereby solemnly affirm and Declare that I am the Director of the plaintiff Company and am duly authorised by the plaintiff for filing of the suit and to do such necessary acts for the furtherance of the suit and for realisation of amount due from the defendants in the above matter and am fully conversant with the facts and circumstances of the matter and am also fully competent to swear this affidavit and to file the present suit for and on behalf of the plaintiff 2 The petition accompanying this affidavit has been drafted by my counsel under my instructions and the contents of the same are true to the best of my knowledge belief and according to information received from experts Further for the sake of brevity the contents of the accompanying petition may be t...


Under Order Ix Rule 9 Of The Code Of Civil Procedure 1908 Restoration Of Suit Dismissed For Default

Category: Affidavits Civil

Precedent No 5 AFFIDAVIT UNDER ORDER IX RULE 9 OF THE CODE OF CIVIL PROCEDURE 1908 RESTORATION OF SUIT DISMISSED FOR DEFAULT In the Court of Miscellaneous Application No of 20 In Original Suit No of 20 Plaintiff Applicant Vs Defendant Respondent AFFIDAVIT of Shri ST son of aged about years resident of I the abovenamed deponent do solemnly affirm and state as follows 1 That I hold a special Power of Attorney from the Plaintiff for the purpose of prosecuting the abovementioned suit before this Hon ble Court I am acquainted with the facts deposed to below and being so I am fully competent and duly authorised to swear to this affidavit 2 That the suit was listed for final hearing on 20 3 That unfortunately in the morning of the aforesaid day the Plaintiff who is an old infirm man of 67 years fell ill suddenly 4 That I had to take the Plaintiff to the hospital immediately and by the time the deponent arrived before this Hon ble Court the case had already been...


Affidavit Under Order Xxxix Rule I Of The Code Of Civil Procedure 1908 Ad Interim Injunction

Category: Affidavits Civil

Precedent No 1 AFFIDAVIT UNDER ORDER XXXIX RULE I OF THE CODE OF CIVIL PROCEDURE 1908 AD INTERIM INJUNCTION BEFORE THE HON BLE SUBORDINATE JUDGE S COURT LA No of 20 In O S No of 20 Petitioner Plaintiff Vs Respondent Defendant AFFIDAVIT of S o aged residing at The deponent abovenamed hereby solemnly affirms and states as follows 1 The deponent is the petitioner in the accompanying application and the plaintiff in the suit referred to above and being well versed with the facts and circumstances of the case the deponent is fully competent to swear to this affidavit 2 The suit is filed inter alia for a decree for permanent prohibitory injunction restraining the respondent from disposing of the suit property bearing no during the pendency of the suit 3 On the respondent had agreed to sell the aforesaid property to the deponent for a sum of Rs Further on a sum of Rs was paid to the respondent by the deponent as earnest money and the respondent promised to...


In A Writ Appeal Interim Direction Precedent No. 18

Category: Affidavits Civil

Precedent No 17 AFFIDAVIT IN A WRIT APPEAL INTERIM DIRECTION BEFORE THE HON BLE HIGH COURT OF CM P No of 20 In Writ Appeal No of 20 Petitioner Applicant Vs Respondents Respondents AFFIDAVIT I W o aged years presently and permanently residing in do hereby solemnly affirm and state as follows 1 That I say that I am the appellant in the abovementioned Writ Appeal and also the petitioner in the accompanying CM P I am well conversant with the facts and circumstances of the case and being so stand fully competent to swear to this affidavit 2 That I say that with a view to avoid unnecessary repetition the contents of the Writ Appeal and Original Petition referred to above may be read as a part of this affidavit 3 That carrying on of business in the respondent s tanneries may be stayed till the disposal of the above Writ Appeal in the view of the harm likely to be caused to the environment at large and the health of the people residing in the areas surrounding the t...


Under Order Xxii, Rule 3 Of The Code Of Civil Procedure, 1908

Category: Affidavits Civil

Precedent No 34 AFFIDAVIT UNDER ORDER XXII RULE 3 OF THE CODE OF CIVIL PROCEDURE 1908 IN THE HON BLE DISTRICT COURT OF Civil Revision Petition No of 20 Applicant Petitioner Vs Opposite party Respondent AFFIDAVIT aged years presently and permanently residing in do hereby solemnly affirm and state as under 1 I am the petitioner in the above referred case and I am well acquaintedwith the facts and circumstances of the present case and standcompetent to swear to this affidavit 2 My father died on leaving behind me the deponent and the opposite party as his only legal heirs and representatives our younger unmarried brother and our mother having pre deceased our father 3 A will was allegedly executed by my father thereby bequeathing all his property in favour of the opposite party 4 The validity of the said Will stand challenged by me on the ground that the same was not executed by my father 5 The accompanying substitution application is that for substitution of my dec...


Under Order V Rule 18 Of The Code Of Civil Procedure 1908

Category: Affidavits Civil

Precedent No 11 AFFIDAVIT UNDER ORDER V RULE 18 OF THE CODE OF CIVIL PROCEDURE 1908 BEFORE THE SUBORDINATE JUDGE S COURT AFFIDAVIT OF THE PROCESS SERVER I S o aged years residing in do hereby solemnly affirm and declare as follows 1 That I say that I am the process server of this Hon ble Court 2 That I say that on the day of I received a summon notice issued by this Hon ble Court in Suit No O S on the files of this Hon ble Court dated the for service on residing in 3 That I say that the said is personally known to me or was identified by Mr X and I served the said summon notice on him on the day of 20 at about and obtained his signature on the original summon notice 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 belief and information and nothing material has been concealed therefrom Sd Deponent Solemnly affirmed and signed before me by the d...


Under Order Xxi, Rule 37 Of The Code Of Civil Procedure, 1908 Notice

Category: Affidavits Civil

Precedent No 9 AFFIDAVIT UNDER ORDER XXI RULE 37 OF THE CODE OF CIVIL PROCEDURE 1908 NOTICE BEFORE THE HON BLE SUBORDINATE JUDGE S COURT E P No of 20 In O S No of 20 Decree Holder Vs Judgment Debtor AFFIDAVIT I aged years S o Chief Executive Officer Pvt Ltd do hereby solemnly affirm and state as follows 1 That I say that I am the Chief Executive Officer of the plaintiff Companyand I am well conversant with the facts and circumstances of the case Iam duly authorised to swear to this affidavit on behalf of the plaintiffcompany 2 That I say that the plaintiff company had obtained a decree against the judgment debtor for the realization of an amount of Rs with interest and costs The judgment debtor is known to have landed properties and adequate liquid cash to pay off the decree debt in lump sum He sold the attached property for substantial price He is the owner of two brand new Honda cars He also possesses abundant movable property not only at his prem...


Evidence By Way Of Affidavit In A Suit For Recovery

Category: Affidavits Civil

Precedent No 26 EVIDENCE BY WAY OF AFFIDAVIT IN A SUIT FOR RECOVERY IN THE COURT OF SENIOR CIVIL JUDGE In Civil Suit No of 20 Plaintiff Vs Defendant AFFIDAVIT of D o aged years presently residing in The deponent abovenamed hereby solemnly affirms and states as follows 1 That the deponent herein is the Director of the plaintiff companyincorporated under the Companies Act 1956 having its registered office at and has been authorised by the resolution passed by the plaintiff to sign verify adduce evidence file plaint and to do all such necessary acts for the recovery of amount from the defendants vide its resolution dated The deponent is well conversant with the facts and circumstances of the case and stands fully competent to swear to this affidavit The deponent will be referred to as the plaintiff hereinafter 2 That although the defendant No 1 is a proprietorship firm and the defendant No 2 is its proprietor by way of abundant caution the suit referred to a...


Under Order Xxi, Rule 41(2) Of The Code Of Civil Procedure, 1908

Category: Affidavits Civil

Precedent No 13 AFFIDAVIT UNDER ORDER XXI RULE 41 2 OF THE CODE OF CIVIL PROCEDURE 1908 BEFORE THE HON BLE SUBORDINATE JUDGE S COURT E P No In O S No Decree Holder Vs Respondent AFFIDAVIT I S o aged years residing in do hereby solemnly affirm and state as follows 1 That I say that I am well conversant with the facts and circumstances of the case and I am competent to swear to this affidavit 2 That I say that my full name is I reside at the address given above I am married having three children and the following persons who are dependent upon me a My invalid and unmarried sister aged years b My minor brother aged years 3 That I say that I am a contractor by profession and my annual income isless than Rs 4 That I am residing in a rented house alongwith the abovenameddependents and I have the liability to maintain my large family with the meager amount of Rs Also I have no other source of income whatsoever 5 That I say that I have no other assets...


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