Affidavit Under Order Xxxix Rule I Of The Code Of Civil Procedure 1908 Ad Interim Injunction - Legal Draft

Precedent No. 1

AFFIDAVIT: UNDER ORDER XXXIX, RULE I OF THE CODE OF CIVIL PROCEDURE,

1908 - AD INTERIM INJUNCTION

BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT

LA. No of 20

In

O.S No of 20

Petitioner/ Plaintiff

Vs.

Respondent/ Defendant

AFFIDAVIT of , S/o , aged ,

residing at

The deponent abovenamed hereby solemnly affirms and states as

follows:—

1. The deponent is the petitioner in the accompanying application

and the plaintiff in the suit referred to above and being well-versed

with the facts and circumstances of the case, the deponent is fully

competent to swear to this affidavit.

1. The suit is filed, inter alia, for a decree for permanent

prohibitory injunction restraining the respondent from disposing of the

suit property, bearing no , during the pendency of the suit.

1. On , the respondent had agreed to sell the aforesaid property

to the deponent, for a sum of Rs Further, on , a sum of

Rs was paid to the respondent by the deponent as earnest

money and the respondent promised to handover the possession of the

said premises to the deponent on However, when the deponent

visited the respondent on the said date, the respondent categorically

refused to sell the suit property to the deponent and told the deponent

to regard the agreement to sell the suit property as cancelled.

1. In view of the malicious and dishonest intention of the

respondent, the deponent was forced to file the suit referred to above.

1. Further, when the deponent came to know of the respondent's

ongoing negotiations with prospective buyers with a view to dispose of

the suit property to a third party, the deponent had no option but to

file the accompanying application against the respondent.

1. The facts disclosed in the plaint and in the affidavit and the

documents produced by the petitioner make it abundantly clear that the

petitioner has a strong prima facie case.

1. It is respectfully submitted that if this Hon'ble Court grants

the injunction sought, the respondent will not be harmed in any manner

whatsoever since the respondent always intended to sell the suit

property. On the other hand, if the said injunction is not granted in

favour of the deponent, the deponent will suffer irreparable injury

incapable of being adequately remedied by way of damages as the deponent

is presently a tenant in the

house bearing no and he has already been asked to vacate the

said premises by Therefore, if the interim injunction sought in the

accompanying application is not granted by this Hon'ble Court, the

deponent and his family will have nowhere to go in.

1. If an ex-parte order of injunction is not granted and this

Hon'ble Court orders notice in the injunction application, the

injunction will be rendered infructuous and the purpose of the suit will

be entirely defeated.

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

be pleased to pass an ex-parte order of an interim injunction

restraining the respondent herein or his employees, servants, agents or

representatives from disposing of the suit property to a third party

during the pendency of this suit.

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. It is reminded that language of the affidavit should

preferably be in 'first person'.