Civil applications

Application under Section 151 CPC to reject defendant's witness affidavit as not on list of witnesses

Name: Justis AI
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IN THE COURT OF Court of the judge, LD. ADJ;

Court complex / location.

CIVIL SUIT NO. Suit number OF Year of the suit.

IN THE MATTER OF:-

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

APPLICATION / OBJECTION ON BEHALF OF THE PLAINTIFF UNDER SECTION 151 CPC FOR DISALLOWING AND NOT TAKING ON RECORD THE AFFIDAVIT OF THE DEFENDANT'S WITNESS, NAMELY Defendant's witness's name.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid suit is pending before this Hon'ble Court and is now fixed for the remaining defendant's evidence on Next date of hearing.

2.It is submitted that the defendant was cross-examined and discharged on the last date of hearing, i.e., Date of last hearing, and thereafter sought permission to examine other witnesses in the present matter.

3.It is further submitted that the defendant did not file the list of witnesses within the period of fifteen days after the framing of issues, and the list of witnesses was filed by the defendant only at a later stage.

4.It is further submitted that the defendant nowhere cited the name of the witness, namely Defendant's witness's name, in his list of witnesses, and till date the defendant has not filed any application seeking permission to file the affidavit of the said witness, namely Defendant's witness's name. In the absence of any permission sought by the defendant from this Hon'ble Court, the affidavit of the said witness cannot be taken on record.

5.It is submitted that the defendant has served an advance copy of the affidavit of the witness, namely Defendant's witness's name, but has so far not sought any permission from the Court regarding the deposition of this witness, namely Defendant's witness's name.

6.It is further submitted that in any event, the witness, namely Defendant's witness's name, cannot be permitted to depose by way of the said affidavit, as he is attempting to fill a lacuna at this stage which could not be covered by the defendant, namely Defendant's name. Neither in his affidavit nor in the pleadings has anything been stated about any role of the witness, namely Defendant's witness's name, and the present affidavit sets up a case going beyond the facts pleaded, and therefore the witness, namely Defendant's witness's name, cannot be treated as a credible witness.

7.It is further submitted that upon a reading of the contents of the affidavit of the witness, namely Defendant's witness's name, it is clear and evident that he refers to facts arising during the proceedings of the matter and not to the factual matrix of the plaint.

8.It is further submitted that the defendant, in his written statement, has not whispered a single word about this witness or the role of this witness in the present matter; therefore, the present affidavit cannot be taken on record and the same may kindly be discarded by the Court.

9.It is further submitted that paragraph 9 of the affidavit of the defendant's witness, namely Defendant's witness's name, reads as under:-

"9.The deponent further states that there is only one entrance / one door to the office of the defendant and there is no other / secret door towards the same, as it is a small office."

10.That the present witness cannot be permitted to step into the shoes of the defendant, as the present witness is attempting to depose, by way of this affidavit, verbatim to the same effect as the defendant.

11.It is further submitted that the witness, namely Defendant's witness's name, has no relevance to the present matter, as the defendant described him as an accountant of his firm during his cross-examination, and apart from this, the defendant nowhere indicated that he would produce this witness before this Hon'ble Court. Therefore, the testimony of this witness, namely Defendant's witness's name, cannot be relied upon by this Court, and the same is liable to be rejected by this Hon'ble Court.

PRAYER:-

In view of the submissions made above, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly reject the affidavit of the defendant's witness, namely Defendant's witness's name, and may kindly decline to rely upon his testimony, as no purpose would be served by examining this witness before this Hon'ble Court, in the interest of justice.

Court complex / locationPLAINTIFF

THROUGH

DATED: Date of application

Plaintiff's counsel's name and signature

ADVOCATE

IN THE COURT OF Court of the judge, LD. ADJ;

Court complex / location.

CIVIL SUIT NO. Suit number OF Year of the suit.

IN THE MATTER OF:-

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

APPLICATION / OBJECTION ON BEHALF OF THE PLAINTIFF UNDER SECTION 151 CPC FOR DISALLOWING AND NOT TAKING ON RECORD THE AFFIDAVIT OF THE DEFENDANT'S WITNESS, NAMELY Defendant's witness's name.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid suit is pending before this Hon'ble Court and is now fixed for the remaining defendant's evidence on Next date of hearing.

9.It is further submitted that paragraph 9 of the affidavit of the defendant's witness, namely Defendant's witness's name, reads as under:-

"9.The deponent further states that there is only one entrance / one door to the office of the defendant and there is no other / secret door towards the same, as it is a small office."

PRAYER:-

Court complex / locationPLAINTIFF

THROUGH

DATED: Date of application

Plaintiff's counsel's name and signature

ADVOCATE

1 / 1

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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