Civil applications

Application under Section 151 CPC for condonation of delay in refiling application

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IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO. I.A. number OF 2024

C.S. (OS) NO. Civil suit number OF 20Year of civil suit (digits)

IN THE MATTER OF:-

First plaintiff's name First plaintiff's description & ORS.: PLAINTIFFS

VERSUS

First defendant's name First defendant's description & ORS.: DEFENDANTS

Next date of hearingN.D.O.H.

APPLICATION UNDER SECTION 151 OF C.P.C. ON BEHALF OF THE APPLICANT FOR CONDONATION OF DELAY IN REFILING THE APPLICATION UNDER SECTION 151 OF C.P.C. FILED ON BEHALF OF THE DEFENDANT NO. 4

MOST RESPECTFULLY SHOWETH:-

1.That the plaintiffs have filed the accompanying suit against the defendants, and the same is pending for completion of pleadings on Next date of hearing.

2.That the applicant / counsel for the defendant no. 4 filed an application under Section 151 of C.P.C. seeking permission to place on record the letter of authorisation on behalf of the defendant no. 4, and the first objection was marked by the Registry on Date of first objection by the Registry. On account of the objections raised by the Registry, the paper book was received back by the applicant. The applicant refiled the same on Date of first refiling after removing all the objections; however, the same was not cleared by the Registry and was received back, and was refiled on Date of second refiling. Objections were again raised by the Registry, and the applicant refiled the application on Date of third refiling. Objections were again raised by the Registry, and the applicant refiled the same on Date of fourth refiling. The application was again received back and refiled on Date of fifth refiling. The Registry again raised objections to the refiling. The delay has been occasioned for the reason that the file of the present case was misplaced, as renovation work was being carried out in the office of the counsel for the defendant no. 4 during the period from Start date of renovation work to End date of renovation work, on account of which the applicant could not refile the present application under Section 151 of C.P.C. on behalf of the defendant no. 4 after removing the objections.

3.That the delay has been caused for the reason that the original file of the present case was misplaced, and on account of the said reason the applicant could not refile the present application.

4.That the delay in refiling the present application was neither intentional nor deliberate, but was occasioned solely due to the reasons stated above.

5.That for the reasons stated above, the application could not be filed by the applicant in time, and delay has been caused. The applicant now seeks permission to refile the application under Section 151 of C.P.C. on behalf of the defendant no. 4, and this Hon'ble Court may graciously be pleased to condone the delay of Number of days of delay to be condoned days in refiling the said application.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to condone the delay of Number of days of delay to be condoned days in refiling the captioned application under Section 151 of C.P.C. on behalf of the defendant no. 4, in the interest of justice.

Any other order(s) and/or further order(s) in favour of the defendant no. 4 which this Hon'ble Court may deem fit and proper may also be passed in the facts and circumstances of the case, in the interest of justice.

DELHIAPPLICANT

THROUGH

DATED:

Counsel's name & ASSOCIATES

Counsels for the Defendant No. 4

Office at: Counsel's office address,

New Delhi-1100Pin code digits

Mob. No.: +91-Mobile number digits

AFFIDAVIT

Affidavit of Sh. Deponent advocate's name, Advocate for the defendant no. 4, aged about Deponent's age years, office at Deponent's office address, New Delhi-1100Pin code digits, do hereby solemnly affirm and declare as under:-

1.That I am the counsel for the defendant no. 4, and as such, in that capacity, I am well conversant with the facts and circumstances of the case and competent to depose hereunder.

2.That the contents of the accompanying application under Section 151 of C.P.C. have been read over and drafted by me, and having understood the same, I say that the facts stated therein are true to the best of my knowledge and belief, and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:-

Verified at Delhi on this Date of verification day of Month and year of verification. 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

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO. I.A. number OF 2024

C.S. (OS) NO. Civil suit number OF 20Year of civil suit (digits)

IN THE MATTER OF:-

First plaintiff's name First plaintiff's description & ORS.: PLAINTIFFS

VERSUS

First defendant's name First defendant's description & ORS.: DEFENDANTS

Next date of hearingN.D.O.H.

APPLICATION UNDER SECTION 151 OF C.P.C. ON BEHALF OF THE APPLICANT FOR CONDONATION OF DELAY IN REFILING THE APPLICATION UNDER SECTION 151 OF C.P.C. FILED ON BEHALF OF THE DEFENDANT NO. 4

MOST RESPECTFULLY SHOWETH:-

1.That the plaintiffs have filed the accompanying suit against the defendants, and the same is pending for completion of pleadings on Next date of hearing.

3.That the delay has been caused for the reason that the original file of the present case was misplaced, and on account of the said reason the applicant could not refile the present application.

4.That the delay in refiling the present application was neither intentional nor deliberate, but was occasioned solely due to the reasons stated above.

PRAYER:-

DELHIAPPLICANT

THROUGH

DATED:

Counsel's name & ASSOCIATES

Counsels for the Defendant No. 4

Office at: Counsel's office address,

New Delhi-1100Pin code digits

Mob. No.: +91-Mobile number digits

AFFIDAVIT

1.That I am the counsel for the defendant no. 4, and as such, in that capacity, I am well conversant with the facts and circumstances of the case and competent to depose hereunder.

DEPONENT

VERIFICATION:-

DEPONENT

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All templates

IN THE COURT OF THE LD. DISTRICT JUDGE (COMMERCIAL COURT), DIST. District name, Court complex name COURTS, DELHI.

C.S. (COMM) NO. Commercial suit number OF 20Last digit of year of suit

IN THE MATTER OF:

Plaintiff company name PVT. LTD.: PLAINTIFF

VERSUS

MR. Defendant's name

Proprietor of M/s. Defendant's firm name Trading Company: DEFENDANT

(P.S. Police station number)

AFFIDAVIT UNDER ORDER XI RULE 6(3) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, Deponent's name, Authorised Representative of M/s. Company name of deponent's employer Pvt. Ltd., having its office at Company office address, do hereby solemnly affirm and declare as under:

1.That I am the Authorised Representative of the Plaintiff Company in the above-noted suit and am fully conversant with the facts and circumstances of the case. I am, therefore, competent to swear this affidavit.

Civil applications

Affidavit under Order XI Rule 6(3) Commercial Courts Act read with Section 65B Evidence Act for electronic records

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.

Civil applications

Application by respondent for summoning witnesses with judicial records in probate petition

BEFORE THE HON’BLE Designation of judge JUDGE, Court number COURT, Court location

Applicant's name: APPLICANT

APPLICATION ON BEHALF OF THE APPLICANT, NAMELY Mrs. Applicant's name, SEEKING EXEMPTION FROM PERSONAL APPEARANCE.

Mrs. Applicant's name, aged about Applicant's age years, daughter of Applicant's father's name, wife of Applicant's husband's name, resident of Applicant's address – Applicant's PIN code …Applicant

Versus

First respondent's name and Dr. Second respondent's name …Respondents

Filed onDate of filing

Case No.Case number

It is most respectfully submitted to this Hon’ble Court as under:-

1.That the Applicant is the Petitioner No. 1 in the above-mentioned case.

2.That the Applicant is unable to appear before this Hon’ble Court on account of urgent official work. On this account, the Applicant will not be able to appear before this Hon’ble Court today. The Applicant has conveyed the same to her counsel over telephone and has instructed him to move the present application seeking exemption from personal appearance.

Civil applications