Civil applications

Application under Section 151 CPC for preponement and expedited hearing of succession petition with supporting affidavit

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IN THE COURT OF Name and designation of the presiding officer of the court

Court complex or district courts where the case is pending, City where the court is located.

SUCC. COURT NO. Succession court case number OF Year in the succession court case number.

IN THE MATTER OF:

Petitioner's name…PETITIONER

VERSUS

Respondent's name…RESPONDENT

N.D.O.H.: Next date of hearing

APPLICATION UNDER SECTION 151 CPC ON BEHALF OF THE APPLICANT / PETITIONER FOR PREPONEMENT / EARLY HEARING OF THE MATTER AND FOR EXPEDITING THE PROCEEDINGS OF THE PRESENT CASE.

MOST RESPECTFULLY SHOWETH: -

1.That the present petition has been filed by the applicant / petitioner before this Hon’ble Court under Section 372 of the Indian Succession Act, and the same is listed on Date when petition is listed before this Hon’ble Court for PE.
2.That the applicant / petitioner is in urgent need of money and is burdened with debt liabilities. In order to discharge the same, the present matter is required to be adjudicated expeditiously. The applicant / petitioner therefore prays that the next date of hearing be preponed at the earliest, as may be convenient to this Hon’ble Court.
3.That the applicant / petitioner has been constrained to file the present application owing to the hardship caused to him / her. If the proceedings of the present case are not expedited, the applicant / petitioner shall suffer undue hardship which cannot be compensated in terms of money or otherwise.
4.That the non-functioning of this Hon’ble Court on account of the Covid-19 pandemic has delayed the outcome of the present case, thereby adversely affecting the applicant / petitioner.
5.That the Covid-19 pandemic has caused a severe financial impact upon industries, which in turn has affected the working and livelihood of the applicant / petitioner. In order to avoid further loss, the applicant respectfully prays that this Hon’ble Court may be pleased to grant an urgent hearing of the captioned matter and expedite the proceedings of the present case.
6.That the present application for early hearing is being filed without any prejudice to the respondents, and the same may be granted by this Hon’ble Court in the interest of justice.

PRAYER: -

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly allow the present application and preponement the next date of hearing, and expedite the proceedings of the present case, in the interest of justice.

It is prayed accordingly.

City where the court is locatedAPPLICANT / PETITIONER

THROUGH

DATED: Date of application

ADVOCATE

Counsel's chamber address,

Pincode of counsel's chamber address

Mobile No.: Counsel's mobile number


IN THE COURT OF Name and designation of the presiding officer of the court

Court complex or district courts where the case is pending, City where the court is located.

SUCC. COURT NO. Succession court case number OF Year in the succession court case number.

IN THE MATTER OF:

Petitioner's name…PETITIONER

VERSUS

Respondent's name…RESPONDENT

AFFIDAVIT

Affidavit of Sh. / Smt. Deponent's name, aged Deponent's age years, S/o / D/o / W/o Sh. Deponent's father's name, R/o Deponent's house number and locality, Deponent's city, who solemnly affirms and declares as under: -

1.That the deponent is the petitioner in the abovementioned case, is filing the present application, and is well conversant with the facts and circumstances of the present case, and is hence competent to swear this affidavit.
2.That the contents of the accompanying application have been drafted at the instance of the deponent by his / her counsel, and all the averments made therein are true and correct to the deponent’s belief, based on advice received and believed to be correct.
3.That the deponent has gone through and understood the contents of the accompanying application, and states that the facts stated therein are true and correct to his / her knowledge.

DEPONENT

VERIFICATION: -

Verified at City where the affidavit is verified on this Date of verification (day) day of Date of verification (month), Year of verification that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.

DEPONENT

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