Affidavit Issue Of Notice - Legal Draft

Precedentm No. 2 AFFIDAVIT: ISSUE OF NOTICE

BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT,

E.P. No of 20

In

O.S. No of 20

Decree-Holder:

Vs.

Judgment-Debtors:

AFFIDAVIT

I, , S/o , aged years,

General Manager Pvt. Ltd., do hereby

solemnly affirm and state as follows:—

1. I am the General-Manager of the Decree-Holder Company. I am

wellacquainted with the facts of the case stand fully competent and

dulyauthorised to swear to this affidavit on behalf of the

Petitioner-decreeholder.

1. It is respectfully submitted that the property of the

judgment-debtors has

already been attached in execution as per the order dated I.A. No

of of this Hon'ble Court. The judgment-debtors, inspite of having

sufficient means, are deliberately not making payment in discharge of

the decree-debt. It was very well possible for them to pay the decretal

amount in lump sum had they wanted to do so, but are defaulting

deliberately. Therefore, the best possible option to exercise in the

present situation would be to bring about the sale of the

judgment-debtor's attached property.

1. It is, therefore, just and necessary that this Hon'ble Court may

bepleased to bring the attached properties scheduled to the

accompanyingapplication to sale by issuing Order XXI, rule 66 notice to

them.

It is verified that the facts stated above are true to the best of my

knowledge, information and belief.

Sd./ Deponent

Verification

I, the abovenamed deponent, verify that the contents of this affidavit

are true to the best of my knowledge, belief and as per the information

received by me by experts and nothing material has been concealed

therefrom.

Date:

Place:

Sd./ Deponent

Signed and affirmed before my presence by the abovenamed deponent who

ispersonally 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.