Application under Section 151 CPC by defendant for direction to install CCTV cameras in common areas
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IN THE COURT OF SH. Name of judge, CIVIL JUDGE (WEST), TIS HAZARI COURTS, DELHI
SUIT NO. Suit number OF Year of suit
IN THE MATTER OF:-
Plaintiff's name……PLAINTIFF
VERSUS
Defendant's name……DEFENDANT
APPLICATION ON BEHALF OF THE DEFENDANT UNDER SECTION 151 CPC FOR A DIRECTION FOR THE INSTALLATION OF CCTV CAMERAS IN THE COMMON AREAS OF THE HOUSE PREMISES
MOST RESPECTFULLY SHOWETH:-
1.That the present suit is pending adjudication before this Hon'ble Court and is listed for further hearing on Date of next hearing (day)/Date of next hearing (month)/Date of next hearing (year).
2.That the plaintiff has filed the present suit before this Hon'ble Court on false and frivolous grounds, and the applicant is the defendant in the suit.
3.That the plaintiff is in the habit of calling the police on false and frivolous grounds and of harassing the defendant in one way or another, with the sole aim of throwing the defendant out of the suit property.
4.That it is pertinent to mention that the defendant, aged approximately Defendant's age (years) years, resides along with her son in her own house, i.e. Property No. Property number, Property street/locality, Property city. The property belongs to the defendant; however, the plaintiff, with an evil motive, seeks to throw the defendant out of her own house and to take illegal possession of the said property.
5.That the defendant has been living under the constant fear of being thrown out of her own house by the plaintiff, who has already instituted a false and frivolous suit against her claiming wrongful ownership of the said property and who has, since the institution of the said suit, been levelling false allegations against the defendant even on trivial issues.
6.That the plaintiff openly threatens the defendant that she will send the defendant and her son to jail on false and frivolous allegations, and on that account she creates numerous problems for the peaceful possession and life of the defendant. The defendant apprehends that the plaintiff is able to do all such things by taking advantage of her advanced age, as she is approximately 75 years old. The plaintiff leaves no opportunity of making false allegations and picking quarrels over trivial issues so as to take advantage of them in the pending suit.
7.That the defendant has, on several occasions, requested the installation of CCTV cameras in the entire house, floor and common premises of the building, and has attempted to install them in the common premises so that the true cause of the trivial allegations and quarrels may be recorded and the recording may be shown and presented before this Hon'ble Court; however, the plaintiff is creating hindrances in the installation of the CCTV cameras.
8.That it is also pertinent to mention that both the plaintiff and the defendant reside on the same floor and share the kitchen, drawing room and the open balcony outside the floor. The plaintiff creates problems in the areas commonly shared between the parties and levels allegations against the defendant. The plaintiff is fully aware that if CCTV cameras are installed, she will not be able to make false and frivolous allegations against the defendant and her son.
9.That the defendant also approached the police station for assistance in the installation of the cameras, but the plaintiff, being an influential person, prevented police intervention; the defendant therefore remains helpless and has been unable to install the cameras.
10.That on Date of first assault incident (day).Date of first assault incident (month).Date of first assault incident (year), the defendant was beaten by the plaintiff. The incident occurred at Time/place of first assault incident, near the kitchen area, where the plaintiff pulled the defendant's hair from behind and began beating her. On hearing the commotion, the defendant's son came out of the room to help her, but the plaintiff slapped him on his face. It is also pertinent to mention that the plaintiff is the sister-in-law (Nanad) of the defendant and, being an old-aged lady, takes advantage of her age. All the family members are aware that the plaintiff is a quarrelsome lady, known for her irritable behaviour. It is further pertinent to mention that the defendant approached the police and lodged a complaint on Date of police complaint (day).Date of police complaint (month).Date of police complaint (year), which was registered as DD No. DD number, dated Date of DD entry (day).Date of DD entry (month).Date of DD entry (year), at Police Station Police station name, Police station location. A copy of the said complaint is annexed herewith as Annexure-A.
11.That on Date of second assault incident (day).Date of second assault incident (month).Date of second assault incident (year), near the kitchen, the plaintiff attacked the defendant while the defendant's son was away from home. The plaintiff pulled the defendant's hair and beat her badly, leaving numerous scratches on her eyes, forehead, hands and other parts of her body. The defendant called the police, who came to the defendant's house, recorded her statement and took her to Hospital name for medical examination. Copies of the said statement and the medical record are annexed herewith as Annexure-B (Colly).
12.That the defendant is left with no option but to approach this Hon'ble Court with the present application seeking a direction for the installation of CCTV cameras in the common/shared areas of the building. The defendant shall bear the entire cost of the installation of the cameras in the common areas and has already purchased all the items required for the installation and has attempted to install them, but the plaintiff has consistently created hurdles in the process. Copies of the bills are annexed herewith as Annexure-C (Colly).
13.That the present application is made in good faith, in the interest of justice and not to the prejudice of any party to the suit. If the present application is not allowed, the defendant will suffer irreparable loss, which cannot be compensated in monetary terms.
14.That it is respectfully requested that this Hon'ble Court may be pleased to allow the present application in favour of the defendant and direct the plaintiff not to create any hindrance in the installation of the CCTV cameras.
PRAYER
It is, therefore, most respectfully and humbly prayed before this Hon'ble Court by the defendant that this Court may graciously be pleased to:-
1.Consider the facts stated above and allow the defendant to install CCTV cameras in the common areas, i.e. inside the kitchen, the outside kitchen area, the drawing room and the balcony of Property number in prayer, Property locality in prayer, Property city in prayer, in the interest of justice.
2.Direct the plaintiff not to create any hindrance in the installation of the CCTV cameras in the common areas, i.e. inside the kitchen, the outside kitchen area, the drawing room, Area for camera installation in prayer (a), Area for camera installation in prayer (b), Area for camera installation in prayer (c), in the interest of justice.
3.Pass such other and further suitable orders as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case, in favour of the defendant and against the plaintiff, in the interest of justice.
DEFENDANT
Through
Date:
New Delhi
Counsel's name
ADVOCATE
Address: Counsel's address
Counsel's address line 2
Counsel's address line 3
Mob. No.: Counsel's mobile number
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IN THE COURT OF SH. Name of judge (affidavit), CIVIL JUDGE (WEST), TIS HAZARI COURTS, DELHI
SUIT NO. Suit number (affidavit) OF Year of suit (affidavit)
IN THE MATTER OF:
Plaintiff's name (affidavit)……PLAINTIFF
VERSUS
Defendant's name (affidavit)……DEFENDANT
AFFIDAVIT
I, Deponent's name, W/o Deponent's husband's name, R/o Property No. Deponent's property number, Deponent's property locality, Deponent's property city, the deponent above named, do hereby solemnly affirm and declare as under:-
1.That the deponent is the defendant in the above-mentioned suit, is filing the present application, and is well conversant with the facts and circumstances of the present case; hence, the deponent is competent to swear this affidavit.
2.That the contents of the accompanying application have been drafted by my counsel, and all the legal averments therein are true and correct to my belief, which belief is based on legal advice rendered to me and believed to be correct.
3.That I have gone through and understood the contents of the accompanying application, and I state that the facts stated therein are true and correct to my knowledge.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification (day) day of Date of verification (month), Date of verification (year), that the contents of the above affidavit are true and correct to my knowledge. No part of it is false, and nothing material has been concealed therefrom.
DEPONENT