Affidavit Under Order Xli Rule 27 Of The Code Of Civil Procedure 1908 - Legal Draft

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:

1. 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.

1. This appeal was filed on by the applicant against the Judgment

and decree of the City Civil Court XVV, in O.S. No.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.