Affidavit In A Civil Revision Petition Seeking Stay 2 Legal Draft Template
| Category | Affidavits Civil |
| Format | Word Document |
| File name | AFFIDAVIT- IN A CIVIL REVISION PETITION - SEEKING STAY 2.doc |
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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:—
- 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.
- 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.
- For the sake of brevity, the contents of the Memorandum of Civil
Revision Petition may be read as part of this affidavit.
- 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.
- 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.
- 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.