Counter Affidavit Under Order Xi Rule 13 Of The Code Of Civil Procedure 1908 - Legal Draft

Precedent No. 33

COUNTER-AFFIDAVIT: UNDER ORDER XI, RULE 13 OF THE CODE OF CIVIL

PROCEDURE, 1908

BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT

IA NO of 20

In

O.S. No of 20

Petitioner/Plaintiff:

Vs.

Respondent/Defendant:

COUNTER-AFFIDAVIT

I, , S/o , aged

, now residing in

The deponent abovenamed, hereby solemnly affirms and declares as

follows:—

1. That the deponent herein is the respondent in the accompanying

Application and the defendant in the Suit referred to above. The

deponent is well conversant with the facts and circumstances of the

present case and stands competent to swear to this affidavit. The

deponent will be referred to as the respondent hereinafter.

1. By the I.A. No , the petitioner has requested this

Hon'ble Court to direct the respondent to produce certain documents.

1. It is respectfully submitted that the respondent is not at all

in a position to produce the documents relating to the matter in

question in the suit referred to as sought for in the application

mentioned above.

1. It is further submitted that the respondent has an objection to

produce the said documents on the following grounds:—

(a) The petitioner himself is in possession of the duplicate

certified copies of the aforesaid documents, which he can conveniently

produce.

(b) The original documents 1, 3, 6, 8, 9 called for are to be kept

with the respondent and made available for perusal of the other share

holders of the property who have been allotted shares by virtue of the

said documents.

1. Further, the respondent does not have the possession of a number

of documents listed in the application referred to above, namely the

documents Nos. 1, 2, 4, 5. These documents have been already taken away

by the petitioner which fact has been dishonestly and fraudulently

suppressed by him in his application, making him liable to be penalised.

1. In view of the aforementioned facts and circumstances, it is

just and necessary that this Hon'ble Court may be pleased to disallow

the above said application of the petitioner.

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.

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 should be avoided to the possible extent.