Affidavit In A Civil Revision Petition Seeking Stay 2 - Legal Draft

Precedent No. 41

AFFIDAVIT: IN A CIVIL REVISION PETITION - SEEKING STAY

BEFORE THE HIGH COURT OF

Civil Miscellaneous Petition No of, 20

In

Civil Revision Petition No of

Petitioner:

Vs.

Respondent:

AFFIDAVIT of D/o , aged years,

now residing in

The deponent named above hereby solemnly affirms and states as

follows:—

1. The deponent is the petitioner in the Civil Miscellaneous Petition

and theCivil Revision Petition referred to above. The deponent herein is

wellacquainted with the facts and circumstances of the case and being

so,stands fully competent to swear to this affidavit. The deponent

herein willbe referred to as the petitioner hereinafter.

1. It is respectfully submitted that the maintainability of the appeal

referred

to above was questioned by the petitioner vide I.A. No before

the district Court on a preliminary ground. The said Court dismissed the

said application by its order dated aggrieved by which the

abovementioned Revision Petition has been filed by the petitioner.

1. For the sake of brevity, the contents of the Memorandum of Civil

Revision Petition may be read as part of this affidavit.

1. It is further submitted that the petitioner bona fide believes

that the Revision Petition is most likely to be allowed by this Hon'ble

Court and the order of the Court below set aside and a declaration made

that the appeal is not maintainable.

1. In view of the aforementioned circumstances, it is clear that if

without hearing the maintainability of the appeal, the same is allowed

to be proceeded with and heard on merits, the petitioner will suffer

irreparable loss and injury.

1. It is, therefore, in the interest of justice, equity and

conscience that this Hon'ble Court may stay all further proceedings in

the aforesaid appeal until the accompanying Civil Revision Petition is

finally disposed of.

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 deponent, who is

personallyknown 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. Prayer may be avoided from affidavits and only facts be

stated therein.