Counter Affidavit By The Decree Holder Seeking Interim Stay - Legal Draft

Precedent No. 27

COUNTER-AFFIDAVIT BY THE DECREE-HOLDER: SEEKING INTERIM STAY

BEFORE THE HON'BLE HIGH COURT OF

C.M.P. NO of 20

In

O.S. No of 20

Petitioner:

Vs.

Respondent:

COUNTER-AFFIDAVIT BY THE RESPONDENT

I, , S/o , aged years, presently

and permanently residing in , do hereby solemnly affirm and declare as

under:—

1. That I say, that I am the respondent in the accompanying application

andbeing well conversant with the facts and circumstances of the

presentcase, I am competent to swear to this affidavit.

1. That I say, that the appeal is filed against the judgment and decree

dated

, in O.S. No on the files of the Additional

Subordinate Judge's Court vide the decree the Court has kindly

allowed this respondent to realise and recover from the petitioner a

sumof Rs with future interest and costs.

1. That all the averments made in the affidavit accompanying the

stay petition filed by the petitioner, save and except those which are

specifically admitted hereunder, are denied as absolutely untrue and

incorrect.

1. That I say, that the aforesaid petition and the appeal are not

maintainable. There are a number of decisions clearly laying down the

proposition that in a money decree the appeal can be entertained only if

it is accompanied by payment of the decree-debt or furnishing of

adequate security before this Hon'ble Court for satisfying the decree

passed by the trial Court. That the said proposition of law has been

blatantly neglected in filing the present appeal is amply clear.

1. That, in view of the aforementioned circumstances, the appeal in

the present case is clearly non-maintainable. On this ground alone, the

stay petition is liable to be rejected at the threshold by this Hon'ble

Court.

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

be pleased to dismiss the stay petition with compensatory costs.

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 be avoided and only facts be stated. Language should

be in 'first person'.