Affidavit Under Order Xli Rule 27 Of The Code Of Civil Procedure 1908 Legal Draft Template
| Category | Affidavits Civil |
| Format | Word Document |
| File name | AFFIDAVIT- UNDER ORDER XLI RULE 27 OF THE CODE OF CIVIL PROCEDURE 1908.doc |
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Precedent No. 22
AFFIDAVIT: UNDER ORDER XLI, RULE 27 OF THE CODE OF CIVIL PROCEDURE, 1908
BEFORE THE CITY CIVIL COURT,
Interlocutory Application No of 20
In
Civil Appeal No of 20
Applicant/Appellant:
Vs.
Respondent:
AFFIDAVIT of ,W/o aged years, presently
and permanently residing in
The deponent abovenamed, hereby solemnly affirms and declares as
follows:
- That the deponent is the petitioner in the Application and appellant
in theAppeal referred to above. Being well conversant with the facts
andcircumstances of the case, the deponent is fully competent to swear
tothis affidavit. The deponent will be referred to as the applicant
hereinafter.
- This appeal was filed on by the applicant against the Judgment
and decree of the City Civil Court XVV, in O.S. No.
- It is submitted that prior to , notwithstanding the exercise of
due diligence by the applicant, the accompanying documents could not
have been procured by her as she had absolutely no knowledge of the
transactions mentioned therein. Immediately after coming to know of the
existence of the aforesaid transactions and the documents concerning
the same on , the applicant applied for copies of said registered
documents before the Sub-Registrar and obtained the same only on
She is now producing the same alongwith the accompanying
application.
- In view of the aforementioned facts, it is most apparent that
the non-production of the said documents earlier in the Court is owing
to the circumstances referred to above and not owing to any willful
default, neglect or laches on part of the applicant.
- It is submitted that the aforesaid documents are of vital
significance and will prove to be highly instrumental in establishing
the case of the applicant and facilitate the easy and just disposal of
the appeal by this Hon'ble Court.
- In case the said documents are not received on file and in
evidence by this Hon'ble Court, it will cause irreparable injury and
hardship to the applicant.
- It is, therefore, in the interest of justice that the documents
listed in the accompanying application may be received by this Hon'ble
Court on file and in evidence.
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 and belief 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.