Affidavit Of …………….., The Petitioner Herein Affidavits Miscellaneous 432 - Legal Draft

Affidavit of ................., the petitioner herein

I, .........................., S/o. ....................., Hindu, aged about ............ years, Occupation : .............. residing at ............ Quarters,...................., do hereby solemnly and sincerely affirm and state on oath as follows :

1. That I am the petitioner herein and also in the above C.R.P. and as such I am well acquainted with the facts of the case.

2. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of Revision Petition as part and parcel of this affidavit.

3. I submit that C.M.A. No............. on the file of the Court of the District Judge, ................, was dismissed for default on ........... Unfortunately since I am residing at H.No.............., there is some communication gap. I also submit that however I filed an application for restoration of the said C.M.A. alongwith an application to condone the delay of ........ days. It is humbly submitted that since I was undergoing treatment I could not approach my counsel and accordingly I had explained the delay.

4. I further submit that unfortunately on ................ I.A. No............... was dismissed for default and there was no communication in this regard till the month of............... when I went to attend a Marriage at ............. It is also submitted that I filled copy application and obtained certified copy and had approached the Advocate to present the Civil Revision petition against both the orders. It is also submit that my absence on the relevant dates and the delay in filing the C.R.P. is due to my ill-health, ill-health of my daughter who was suffering from chronic disease and was hospitalized for more than thrice and due to my shifting to ........ because of which there was communication gap.

5. I also submit that I filed a suit O.S.No. .............. on the file of the Court of the District Munsif, ............., for partition and I also filed I.A.No. .......... seeking appropriate directions which was allowed directing the respondents to deposit Rs. ............ per month. Aggrieved by the same, the respondents filed C.M.A........... on the file of the Court of the District Judge, .........., wherein the order was partly modified directing the respondents, to deposit Rs. ........... per month and aggrieved by the same the respondent preferred C.R.P.No........ on the file of this Hon’ble Court which was ultimately dismissed. Thus the direction to pay Rs. .......... per month became final but unfortunately the respondents had not complied with the said directions and consequently I filed an application I.A.No...... for appointment of Receiver which was erroneously dismissed and as well as the said order. I preferred C.M.A. No......... on the file of the Court of the District Judge, .......... which was dismissed on ......... I humbly submit that since I was not doing well and I was undergoing treatment I filed an application for restoration alongwith an application I.A.No....... for condoning the delay and the said application was also dismissed for default. Since I am preferring the C.R.P. against both the orders, I also humbly submit that for the reasons stated above the delay in presenting the above Civil Revision Petition is to be condoned.

6. I also further submit that in the interests of Justice, since the 1^st respondent is changing the tenants and therefore the 1^st respondent may be directed to deposit Rs. ........ per month atleast from the month of ........... i.e., the date of the order in C.M.A.No.......... on the file of the Court of the District Judge,...........

Under these circumstances, it is just and necessary in the interests of Justice, that this Hon’ble Court may be pleased to condone the delay of .......... years, ....... months and ....... days in filing the above C.R.P. before this Hon’ble Court, and also to direct the 1^st respondent to deposit Rs......... per month from.......... onwards in pursuance of the orders passed in C.M.A.No....... of ...... dated.......... on the file of the Court of the District Judge,......... as confirmed in C.R.P. No.......of ....... dated........... on the file of this Hon’ble Court, pending the disposal of the above C.R.P. and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, or otherwise I will be put to irreparable loss, grave suffering, great hardship and heavy injury.

Deponent
Before me

Solemnly and sincerely affirmed at ..............                              
on this the .............. of ....... ...... and                                   
signed his name in my presence                                      

Advocate, ...............