Under Order Xli, Rule 19 Of The Code Of Civl Procedure, 1908 - Legal Draft

Precedent No. 12

AFFIDAVIT: UNDER ORDER XLI, RULE 19 OF THE CODE OF CIVIL PROCEDURE, 1908

IN THE COURT OF THE HON'BLE DISTRICT JUDGE,

Miscellaneous Application No of 20

In

Appeal Suit No of 20

Applicant/Appellant:

Vs.

Opposite Party/Respondent:

AFFIDAVIT of , S/o ,

aged , residing in

The abovenamed deponent solemnly affirms and states on oath as

follows:—

1. That the deponent is the applicant in the Miscellaneous Application

No and the appellant in the appeal referred to above. Therefore,

the deponent is well acquainted 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 applicant hereinafter.

1. That the appeal was posted on for taking steps by the

applicant. Just one night before that date, the applicant met with

anaccident and was rushed to hospital where he was kept for

recuperationtill yesterday. It was due to the said contingency that the

applicant wasnot able to take the necessary steps. The counsel,

unfortunately, did notseek time from this Hon'ble Court and this Hon'ble

Court, therefore,dismissed the appeal on for failure to take steps.

1. That the above said order dismissing the appeal has prejudiced

the applicant considerably and if the same is not reviewed and set aside

and the appeal not allowed to be proceeded with on merits, it will cause

great hardship to the applicant. The applicant bona fide believes that

if heard on merits the appeal is likely to be allowed by this Hon'ble

Court.

1. That the applicant has made arrangements with his counsel to

take necessary steps for payment of court charges.

1. It is, therefore, necessary in the interest of justice that the

order of

dismissal of the appeal for non-prosecution on be set

aside and the case be restored to file by this Hon'ble Court.

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.