Affidavit Removal Of A Party From The Appeal - Legal Draft

Precedent No. 36

AFFIDAVIT: REMOVAL OF A PARTY FROM THE APPEAL

IN THE HON'BLE CITY CIVIL COURT

In

Appeal No of 20

Appellants:

Vs.

Respondent:

AFFIDAVIT

I, S/o , aged years, presently

and permanently residing in , do hereby solemnly affirm and

declare as follows:—

1. I am the appellant in the appeal referred to above. I am well

conversant with the facts and circumstances of the present case and I am

competent to swear to this affidavit.

1. It is submitted that my name has been given as appellant No. 2

in the Memorandum of Appeal in the appeal referred to above. However, I

never

approached or even authorised the counsel for filing any

appeal on my behalf nor have I ever executed any vakalatnama in his

favour. I have not even authorised my mother (appellant No.1) in this

behalf.

1. It is only from the respondent in the appeal referred to above

that I came to learn about the filing of the said appeal. There is no

denying the fact that I was one of the parties to the suit which was

decided against the 1st appellant and me, but I had given up the idea of

preferring an appeal against the said decision. I had long conveyed the

said idea to the respondent and even to the 1st appellant herein.

1. Most apparently, the 1st appellant continues to nurse feelings

of hatred and enmity against the respondent and intends to drag me into

the puddle. However, I categorically refuse to accede to such

unauthorised and illegal induction.

1. It is most respectfully submitted that I am not at all

interested in conducting or prosecuting the appeal which has been filed

on my behalf without my consent, knowledge or approval.

1. At the same time, since the 1st appellant is my mother, I don't

wish to take any further action to be taken against her for having

conducted herself in this manner.

1. In view of the aforesaid circumstances, it is just and necessary

that this Hon'ble Court may be pleased to delete my name from the list

of parties as prayed in the accompanying application.

SdJ 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.

SdJ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

SdJ

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. If possible, prayer should be avoided and removed from

affidavits.