IN THE COURT OF SH. Judge's name
Date of hearingLD. ADJ, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.
P.C. NO. P.C. number OF 20Year of P.C. number
IN THE MATTER OF :-
Petitioner's name (part 1) Petitioner's name (part 2): PETITIONER
VERSUS
THE STATE (NCT OF DELHI) & ORS.: RESPONDENTS
N.D.O.H.: Next date of hearing
APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO. 2 FOR SUMMONING THE WITNESSES AS PER THE LIST OF WITNESSES FILED ON RECORD ON Date of filing the list of witnesses, SO AS TO BRING ON RECORD THE JUDICIAL FILES OF THE CASES REFERRED TO IN THE PRESENT MATTER.
MOST RESPECTFULLY SHOWETH:
1.That the present probate petition is pending before this Hon'ble Court and is now fixed for Next date of hearing for defense evidence.
2.That on Date of filing the list of witnesses, the Applicant / Respondents No. 2 and 3 filed the list of witnesses in support of their defense in the present case, which was taken on record by this Hon'ble Court vide order dated Date of order taking the list of witnesses on record.
3.That the present matter is at the stage of defense evidence, and the Applicant / Respondents No. 2 and 3 wish to examine the witnesses as per the list of witnesses already filed on record before this Hon'ble Court, in order to place the judicial records of the cases referred to herein before this Hon'ble Court for a just and proper decision of the case.
4.That the Applicant / Respondent No. 2 wishes to summon the following witnesses, along with the judicial records of the cases referred to herein, before this Hon'ble Court for a just and proper decision of the case and to prove the defense of Respondents No. 2 and 3:-
i.The record of the concerned court of the Ld. ADJ, Court of first cited civil suit District, Karkardooma Courts, Delhi, in Civil Suit No. First cited civil suit number/Year of first cited civil suit, titled as "First cited civil suit plaintiff name & Anr. Vs. First cited civil suit defendant name & Anr."
ii.The record of the concerned court of the Ld. ADJ, Court of second cited civil suit District, Karkardooma Courts, Delhi, in Civil Suit No. Second cited civil suit number/Year of second cited civil suit, titled as "Second cited civil suit plaintiff name (part 1) Second cited civil suit plaintiff name (part 1) Vs. Second cited civil suit defendant name (part 1) Second cited civil suit defendant name (part 1) & Anr."
iii. The record of the concerned court of the Ld. ADJ, Court of cited appeal (RCA) District, Karkardooma Courts, Delhi, in RCA No. Cited RCA number/Year of cited RCA number, titled as "Cited RCA appellant name (part 1) Cited RCA appellant name (part 2) Vs. Cited RCA respondent name (part 1) Cited RCA respondent name (part 2) & Anr."
iv. The record of the concerned court of the Hon'ble High Court of Delhi in CS(OS) No. High Court civil suit (CS(OS)) number/Year of High Court civil suit (CS(OS)) number.
5.That it is important and necessary to summon the above-mentioned witnesses so as to bring the judicial records of the said cases on record for proving the case of Respondents No. 2 and 3, which is necessary for a just and proper decision of the case and is in the interest of justice; in view of the facts stated above, this Hon'ble Court may kindly allow the present application.
6.It is submitted that the aforesaid witnesses are necessary for the present case, and no prejudice would be caused to the Petitioner if the present application is allowed by this Hon'ble Court.
7.That the diet money shall be paid on the spot, or as per the directions of this Hon'ble Court.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present application and summon the witnesses mentioned in paragraph 4 above, along with the relevant records, in the interest of justice.
Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Applicant, in the interest of justice.
It is prayed accordingly.
RESPONDENT NO. 2 & 3
DELHITHROUGH
DATED
ADVOCATE
IN THE COURT OF SH. Judge's name (affidavit heading); LD. ADJ, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.
P.C. NO. P.C. number (affidavit heading) OF Year of P.C. number (affidavit heading)
IN THE MATTER OF :-
Petitioner's name (part 1, affidavit heading) Petitioner's name (part 2, affidavit heading): PETITIONER
VERSUS
THE STATE (NCT OF DELHI) & ORS.: RESPONDENTS
AFFIDAVIT
AFFIDAVIT OF SH. Deponent's name
I, Deponent's name, s/o Late Sh. Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:
1.That I am Respondent No. 2 in the above-noted matter and am well conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying application have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me in my vernacular language; having fully understood the same, the contents are true and correct to my knowledge, no part of them is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification that the contents of my above affidavit are true and correct to my knowledge, no part of them is false and nothing material has been concealed therefrom.
DEPONENT