Counter Affidavit Under Order Ix Rule 9 Of The Code Of Civil Procedure 1908 - Legal Draft

Precedent No. 29

COUNTER-AFFIDAVIT: UNDER ORDER IX, RULE 9 OF THE CODE OF CIVIL

PROCEDURE, 1908

BEFORE THE SUBORDINATE JUDGE'S COURT

CM. Restoration Application No of 20

In

Suit No of 20

Applicant/Plaintiff:

Vs.

Opposite Party/defendant:

COUNTER-AFFIDAVIT

1. I, W/o ,.aged about years,

now residing in , do hereby solemnly affirm and state

on oath as under.

1. 1 am the respondent in the Restoration Application referred to above

and the defendant in the suit. I am well conversant with the facts and

circumstances of the present case and stand competent to swear to this

affidavit.

1. The averments in para 1 to para 4 of the affidavit accompanying

the restoration application, being statements of facts, deserve no

comment.

1. The statements made in para 5 onwards, save and except those,

which have been specifically admitted hereunder, are denied as untrue

and incorrect.

1. Notice regarding the posting of the case was duly notified in

the Court diary and when the case had been listed for trial it was

published in the list, which was exhibited outside the Court hall.

Further, one copy of the notice had even been affixed in the office of

the Association of Advocates of which the counsel for the applicant is a

member. Therefore, the statement that the applicant or his counsel had

no knowledge of the posting of the case or its inclusion in the special

list for trial is absolutely false and incorrect and hence denied.

1. The kind attention of this Hon'ble Court may also be drawn to

the fact that just one week before the date of posting of the case for

trial, there was a case between the counsel of the defendant and my

counsel. At that point in time, this Hon'ble Court had specifically

asked both the counsels, as to, how much time would be taken by them in

conducting the trial and both the counsels had given their respective

replies to this Hon'ble Court. Therefore, it cannot, in any event, be

believed that the counsel for the defendant was unaware of the date of

posting of the case.

1. In view of the aforementioned facts, it is more than abundantly

clear that the contents of the affidavit are absolutely false and

fabricated, making the deponent thereof liable to be penalized for

having sworn to untrue statements.

1. The above stated facts lay bare the fact of default and

negligence on the part of the defendant and his counsel, which cannot be

condoned in any event.

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

be pleased to reject the application for restoration with compensatory

costs to me.

SdJ 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. Prayer should be avoided and language should preferably be in

'first person'.