Evidence By Way Of Affidavit In A Suit For Recovery - Legal Draft

Precedent No. 26

EVIDENCE BY WAY OF AFFIDAVIT IN A SUIT FOR RECOVERY

IN THE COURT OF SENIOR CIVIL JUDGE,

In

Civil Suit No of 20

Plaintiff:

Vs.

Defendant:

AFFIDAVIT of , D/o , aged years,

, presently residing in

The deponent abovenamed hereby solemnly affirms and states as

follows:—

1. That the deponent herein is the Director of the plaintiff

companyincorporated under the Companies Act, 1956, having its registered

office

at and has been authorised by the resolution passed by the

plaintiff to sign, verify, adduce evidence, file plaint and to do all

such necessary acts for the recovery of amount from the defendants vide

its

resolution dated The deponent is well conversant with

the facts and circumstances of the case and stands fully competent to

swear to this affidavit. The deponent will be referred to as the

plaintiff hereinafter.

1. That, although, the defendant No. 1 is a proprietorship firm and

the defendant No. 2 is its proprietor, by way of abundant caution, the

suit referred to above is drafted to take care of the situation that the

suit may not fail or suffer for any irregularity if by surprise the

defendant No. 1 is claimed to be a concern of any other nature.

1. That, the defendant No. 2 is a resident of Delhi and is doing

business as well as residing and works for gain at

1. That, during the course of the business, the plaintiff supplied

goods to the

defendants vide two bills dated , for Rs ;

and dated , for Rs , amounting to a total of

Rs

1. That, in discharge of the whole of liability, the defendants issued

two

cheques bearing nos , dated for Rs and

no , dated , for Rs , both drawn

on bank. Both the aforesaid cheques, on their due

presentment, were dishonoured.

1. That, after a rigorous follow up by the plaintiff, the defendants

paid a sum

of Rs against the above liability, leaving an outstanding balance

of Rs in favour of the plaintiff and against the defendant.

1. That, the payment of Rs was made to the plaintiff by the

defendants vide cheques dated , for Rs ,

no ; dated , for Rs and no

1. That "Form H" was also issued by the defendants dated for the

total amount of Rs , in discharge of their liability and also by

way of acknowledgement of liability and receipt of goods by the

defendants from the plaintiff.

1. That various reminders were sent by the plaintiff to the

defendants,telephonically, personally and also in writing, for the

recovery of balance

amount of Rs , with interest, as per the terms and conditions

of the contract between the parties, but no heed was paid by the

defendants thereon.

1. That, the defendants are liable to pay interest on the outstanding

amountat the rate of 24% per annum after expiry of 15 days from the date

of

dispatch of goods. Thus, goods being dispatched on , by the plaintiff

to the defendants, the defendants have made themselves liable to pay

interest @ 24% per annum from till the date of filing of this suit

which in any case is more than two years.

1. That, as a last resort, the plaintiff served on the defendants with

legal

notice for the said purpose through its counsel , dated

, which was dispatched by way of Registered post, UPC and

also courier on

1. That, the above notice was perfunctorily replied to by the

defendants vide

their letter dated , wherein the defendants took a belated and

frivolous defense of 'defective goods', which they had never taken

earlier inspite of various correspondences between the parties and

payments were also issued in part without any demur from the side of

defendants. Form H was also issued much after the supply of goods

showing clear acknowledgment of liability by the defendants in favour of

the plaintiff. It is needless to state that the defendants, in their

reply, have clearly admitted the claim of the plaintiff and their false

cry of 'defective goods' is most conspicuously a disguised afterthought.

1. That, be that as it may, the plaintiff served with their

rejoinder notice dated to the defendants.

1. That, the defendants are liable to pay in principal

and Rs by way of interest at the rate of 24% per annum for two

years as stated above totaling Rs Besides, the defendants

have made themselves liable for legal costs, past, present and future

and also interest for the future till the actual recovery of amount.

1. That, the suit for the purpose of court fee is valued at Rs on

which appropriate court fees has been paid.

1. That, for the purpose of pecuniary jurisdiction also, the suit

is valued similarly as parallel to as valued for the purpose of court

fees as stated above and therefore this Hon'ble Court is having

pecuniary jurisdiction to deal with this case and pass decree as prayed

by the plaintiff.

1. That this Hon'ble court has territorial jurisdiction also as

the defendants works for gain and also resides in Delhi and thus is

within the jurisdiction of this Hon'ble Court and also in view of the

fact that cause of action arose also at Delhi.

1. It is therefore respectfully prayed in the interest of justice

that this Hon'ble Court may kindly be pleased to decree this suit in

favour of the

plaintiff and against the defendants for a sum of Rs together

with litigation costs and other expenses and also may kindly be pleased

to pass decree for future interest at the same rate from the date of

filing of this suit till the actual realization of the above amount. Any

other relief may also be granted in favour of the plaintiff and against

the

defendants as this Hon'ble Court may find fit and proper in these facts

and

circumstances of this case.

Sd./ Deponent.

Verification

Verified at on this the of 20 that the

contents of the above affidavit are true and correct to the best of my

knowledge, belief and information received and believed to be correct,

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.