Application under Section 28(2) DV Act to set aside ex-parte order with affidavit and delay condonation application
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF Name of Metropolitan Magistrate, Ld. M.M.; MAHILA COURT, EAST DIST., KARKARDOOMA COURTS, DELHI.
I.A. NO. Interim application number OF 20.
IN
CASE NO. Case number OF 20.
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
N.D.O.H.:- Next date of hearing
APPLICATION FOR AND ON BEHALF OF THE APPLICANT / RESPONDENT UNDER SECTION 28(2) OF THE D.V. ACT, TO SET ASIDE THE EX-PARTE ORDER / JUDGMENT.
MOST RESPECTFULLY SHOWETH:-
1.That the above-noted matter was listed before this Hon'ble Court on Date matter was proceeded ex-parte, and owing to the non-appearance of the Respondent, this Hon'ble Court was pleased to proceed ex-parte against the Respondent and passed an ex-parte judgment on Date of ex-parte judgment against the Respondent.
2.It is submitted that the Petitioner wished to purchase land in the hills. The Respondent was required to pay a substantial sum of Amount paid for land purchase (Amount in words for land purchase) despite the suffering and injury inflicted upon him by the Petitioner. The Sale Deed in respect of approximately Approximate area of land purchased of land was executed exclusively in favour of the Petitioner. The Petitioner desired and insisted upon being the sole owner of the land, although the Respondent arranged all requisite permissions from the various Government authorities for the purchase of the land, at considerable effort and difficulty.
3.It is further submitted that on several occasions the Petitioner threatened the Respondent that she would commit suicide and implicate the Respondent therein. The Respondent submits that he made every effort to reconcile with the Petitioner, but all his efforts were not only fruitless but backfired in the face of the Petitioner's cruel behaviour. The Petitioner left no scope whatsoever for reconciliation and harassed the Respondent to the fullest extent. The Respondent submits that there is no scope for reconciliation and that he wishes to legally dissolve the marriage. The Respondent submits that there has been an irretrievable breakdown of the marriage between the Respondent and the Petitioner. There has been a trail of emails and messages sent by the Petitioner to the Respondent, which clearly evidences the physical and mental cruelty and stress to which the Respondent is being subjected by the Petitioner within the marriage. The Respondent had no permanent place of residence and was staying with relatives and friends. All of this caused considerable stress to the Respondent and affected his efficiency and productivity. The Respondent virtually stopped attending office, which impacted his professional commitments and performance. By Date respondent was forced to quit former job, the Respondent was compelled to resign from his employment with Respondent's former employer name on account of these incidents.
4.It is further submitted that after great difficulty, the Respondent obtained employment in a much smaller organisation, namely Respondent's employer name. The Respondent's career growth was permanently affected. However, the Respondent once again put in diligent efforts to regain his professional reputation, which had been destroyed by the Petitioner by subjecting him to severe mental stress. The Respondent also took a house on rent in Place where respondent took rented accommodation, as his new office was situated in Place of respondent's new office. The Petitioner created considerable trouble at the Respondent's new rented accommodation and new office, as a result of which he was asked by his organisation to proceed on unpaid sabbatical effective from Start date of unpaid sabbatical until Month of sabbatical end 20. The Respondent's company was to consider his employment in Month company was to consider employment. In other words, the Respondent was left without any employment or source of income. The Respondent's reputation and goodwill in the professional world were severely tarnished, and he has suffered irreversibly. The Respondent has remained effectively jobless since then.
5.It is further submitted that in Month petitioner approached Mediation Centre, the Petitioner approached the Delhi High Court Mediation Centre for pre-litigation mediation. The Respondent was pleased that the Petitioner wished to settle the matter amicably. The Petitioner made unreasonable financial demands. In view of the situation, and as the Petitioner was expecting a child, the Respondent agreed to pay Monthly amount respondent agreed to pay per month for the time being. The terms of settlement were discussed between the parties and a settlement agreement was drawn up, which was also exchanged between the parties. However, after everything had been finalised, the Petitioner, on account of her mala fide intent, refused to sign the Agreement.
6.It is further submitted that the parties' second child was born on Date of birth of second child. The Respondent was present at the time of the birth of their son and took good care of the Petitioner in the hospital at the time of the birth of his children. The Petitioner's behaviour is so impulsive and erratic that, barely ten days after the birth of her newborn, she drove from Place from which petitioner drove to respondent's house to Place where respondent took rented accommodation at 3 a.m. to come to the Respondent's house, leaving her newborn and her young daughter behind. The Petitioner has done this on more than one occasion, coming to the Respondent's house at odd hours without informing him. The Petitioner continues to stalk the Respondent in order to disturb his peace and sanity and to keep a check on him. It is pertinent that, for more than the last Period for which access to daughter denied, the Petitioner has not permitted the Respondent to meet his daughter, although she kept visiting him at his rented accommodation unannounced and at odd hours.
7.It is further submitted that, as the marriage between the parties had completely broken down and there was no chance of reconciliation, the Respondent filed a Petition under Section 13(B)(1) of the Hindu Marriage Act for divorce before the Family Court, Place of Family Court for divorce proceedings. The Petitioner has been defending the said matter and has filed an application under Section 24 of the Hindu Marriage Act. The Petitioner also filed a separate Petition under Section 125 Cr.P.C. before the Family Court, Place of Family Court for divorce proceedings. The Petitioner has also filed a complaint, on which FIR No. FIR number of Year of FIR registration under Sections 498-A, 323 and 504 of IPC, Police Station Police station, has been registered against the Respondent, his widowed mother, his divorced sister, his cousin and his cousin's wife. The FIR is founded on similar allegations, and even therein the entire grievance of the Petitioner is that the Respondent is not providing money to her. After a detailed investigation, the police submitted a Closure Report, holding that no case was made out against the Respondent, his widowed mother, his divorced sister, his cousin and his cousin's wife.
8.It is further submitted that in the proceedings before the Family Court, Place of Family Court for divorce proceedings, the Petitioner delayed filing her income affidavit on one pretext or another, and thereafter took repeated adjournments. It is pertinent to mention that the Petitioner herself admitted the jurisdiction of Place of Family Court for divorce proceedings, and despite having filed all these cases before the courts there, she deliberately and mala fide concealed all these proceedings from this Hon'ble Court and thereafter filed the Domestic Violence case.
9.It is further submitted that, while all these proceedings were pending, the Petitioner filed a Complaint under Section 12 of the Protection of Women under Domestic Violence Act before this Hon'ble Court. On Date of application under Section 25(2), the Respondent filed an Application under Section 25(2) of the Protection of Women under Domestic Violence Act on the ground that the Court below does not have territorial jurisdiction to entertain the Complaint. Notice was issued on the said Application. On the next date of hearing, i.e. Date Ld. Judge was on leave, the Ld. Judge was on leave, and although the Counsel for the Respondent herein marked his presence, the same was not recorded.
10.It is further submitted that in Month of school fee discussions, on account of the non-payment of the children's school fees, discussions took place between the parties, and the parties agreed to pay the school fees jointly. In terms of that arrangement, it was agreed that the Respondent would clear the dues of one child and the Petitioner would clear the dues of the other. Despite being jobless and without funds, the Respondent borrowed money from his friends to pay the school fees of his daughter.
11.It is further submitted that on Date on which the Court proceeded ex-parte, when the matter was called before this Hon'ble Court, the associate of the main Counsel for the Respondent was engaged in another Court, and upon the first call itself, this Hon'ble Court, while erroneously recording that there was no appearance on the previous date, proceeded ex-parte. On Date of subsequent appearance when Court was on leave, the Hon'ble Court was once again on leave, and the associate of the main Counsel marked his presence. Thereafter, the said associate took up a new engagement and, in the course of handing over the brief, inadvertently failed to mention the Order dated Date on which the Court proceeded ex-parte and instead recorded that the matter had been adjourned for further proceedings. Owing to multiple proceedings between the Parties, the present matter went unnoticed, particularly as the Parties were in mediation since March, 2023. The Respondent was appearing in proceedings before the Family Court, District East, Karkardooma, filed by the Petitioner on behalf of the minor children seeking maintenance. The Respondent has also moved an application under Order VII Rule 10 on the ground that the said Court lacks territorial jurisdiction. There was, therefore, no reason for the Respondent not to appear before this Hon'ble Court in the proceedings under the Domestic Violence Act.
12.On Date matter was listed before the Noida Court, the matter between the Parties was listed before the Noida Court, where it was mentioned that the present DV Complaint had been disposed of on Date of ex-parte disposal of the DV complaint. The Respondent was taken by surprise to learn that the matter had been disposed of while the Parties were in mediation. Thereafter, on Date of application for certified copy, the Counsel for the Respondent applied for a certified copy and filed the present Appeal against the ex-parte judgment dated Date of ex-parte disposal of the DV complaint passed by this Hon'ble Court.
13.That this Hon'ble Court, vide its order dated Date of ex-parte disposal of the DV complaint, was pleased to decide the petition under Section 12 of the DV Act, filed by the Petitioner, and passed an ex-parte judgment against the Respondent. It is recorded in paragraph 14 thereof:-
“I deem it fit to grant a monthly maintenance of Rs.1,50,000/- to the Petitioner, from the date of filing of the present petition till further orders, for the maintenance of herself and her two minor children, to be paid by the Respondent. Said amount is directed to be paid into the bank account of the Petitioner before 15th day of every month. Arrears are directed to be cleared within 6 months of this order."
14.That in the aforesaid paragraph, this Hon'ble Court directed that the arrears be cleared within six months of the order, and the said period of six months expired on Date on which six-month period for clearing arrears expired. The Petitioner has filed the execution petition, and the total outstanding arrears, as per Columns 7 and 10 of her execution petition, is a sum of Amount of outstanding arrears in execution petition.
15.That the Respondent learnt of the said ex-parte order and judgment when a police officer from the Preet Vihar Police Station visited the residence of the Respondent's mother at Respondent's mother's address on Date of police visit to Respondent's mother's residence, enquired about the Respondent, and stated that a warrant of arrest had been issued against the Respondent, Respondent's name, in Execution Petition bearing No. Execution petition number filed by the Petitioner. The Respondent moved an application for cancellation of the warrant before this Hon'ble Court, and this Hon'ble Court was pleased to issue notice and stay the execution of the warrant of arrest until the next date of hearing, i.e., Date of hearing after stay of warrant.
16.That on Date of second police visit with warrant of attachment, the police again visited the above-noted address and produced a warrant of attachment of movable and immovable properties in Ex. Crl. No. Execution criminal number for a sum of Amount in warrant of attachment of properties.
17.That as per the order dated Date of ex-parte disposal of the DV complaint, this Hon'ble Court had directed the Respondent to pay the arrears within six months, expiring on Date on which six-month period for clearing arrears expired, and the Execution Petition filed by the Petitioner is for a sum of Amount of outstanding arrears in execution petition. The Petitioner has misled this Hon'ble Court, misrepresented the facts, and committed a fraud upon the Court, and has thereby obtained a warrant of attachment of movable/immovable properties for a sum of Amount in warrant of attachment of properties, to be executed through the SDM. The two addresses mentioned therein are Respondent's Gurgaon address and Flat No. Flat number, Jaypee Greens, Noida, Orchards Wishtown, Jaypee Greens, Sector 125, Noida.
18.That although the above two addresses alone are mentioned in the warrant of attachment of movable and immovable properties, the police visited the residence of the JDV's mother at Address of Respondent's mother in Greater Noida, solely to harass the old widowed mother. This further demonstrates the connivance between the Petitioner and the police officials.
19.That the Petitioner further filed an old salary slip of the Respondent for Month and year of old salary slip filed by Petitioner in order to mislead this Hon'ble Court, and deliberately concealed the material fact that the Respondent is unemployed and is completely burdened with debt.
20.That the Petitioner herself stated in her Section 12 Domestic Violence Petition that "that the complainant and both the minor children are residing in Flat no. Flat number, ATS Green Village, Noida, ATS Green Village, Sector 93A, Noida, UP 201301." In her affidavit, however, she has stated that she is temporarily residing at Temporary residence address in Nirman Vihar, Delhi, Nirman Vihar, Delhi.
21.That the Respondent has no permanent place of stay in Delhi, Noida or Gurgaon and is effectively homeless. In these circumstances, he requested his first cousin brother, namely Respondent's cousin's name, to kindly permit the Respondent to use his residential address for the purpose of correspondence, and it is for this reason that the Respondent has provided this address in his affidavits. No process server has ever visited this address, as the process server never met the Respondent's first cousin, Respondent's cousin's name. It is also pertinent to mention that nobody can enter the main gate of the apartment complex without the permission of the owner. The Petitioner is acting malafidely and is not adhering to the order dated Date of ex-parte disposal of the DV complaint passed by this Hon'ble Court.
22.Section 28(2) of the DV Act again came up for interpretation before the Hon'ble High Court of Delhi while dealing with the review powers of the Court in the case titled Himani Maini v. Chirag Maini, 2018 SCC OnLine Del 10566, and the relevant observations are as under:
“She consequently was advised to approach the Court of Metropolitan Magistrate again to pursue her remedies under the Protection of Women from Domestic Violence Act, 2005. In the above chronology of events, her grievances against the respondent in the period after the settlement will have to be seen, examined, construed and adjudicated upon in the light of the past alleged conduct. There is undoubtedly a continuity of events involved. Since the law, by virtue of Section 28(2), permitted the Metropolitan Magistrate to lay down “own procedure”, the view taken by the said court by order dated 10.04.2015 leading to the revival of the proceedings in the Domestic Violence case earlier filed cannot be faulted. The opinion on the basis of which the revisional court set the said order at naught seems to be hyper-technical and, therefore, liable to be set aside.”
23.That this Hon'ble Court may kindly be pleased to appreciate that the Respondent has been appearing since the institution of the petition, and his non-appearance on certain dates of hearing was attributable to justifiable reasons.
24.That in an adversarial system, a party ought to be afforded an adequate opportunity to participate in the proceedings, and procedural law ought not to be construed in a manner that renders a party helpless. Procedural law exists to subserve substantial justice and is always subservient to, and an aid of, justice. It ought not to be construed in a manner that obstructs a party from pleading its case and representing itself.
25.That the intention of the Respondent is bona fide, as he has been making appearances in the past even when his previous counsel was not appearing. The Respondent is an honest citizen of the country and holds the Indian judicial system in the highest respect.
26.That the non-appearance of the respondent was neither intentional nor deliberate, but was on account of the facts stated hereinabove.
27.That if the ex-parte proceeding order dated Date of the ex-parte proceeding order is not set aside and the case is not decided on merits by permitting the respondent to take part in the proceedings, the respondent shall suffer irreparable loss and injury which cannot be compensated in terms of money.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'bleCourt may be pleased to:-
a.Allow the present application and further set aside the order dated Date of the ex-parte proceeding order / ex-parte judgment dated Date of the ex-parte judgment passed by this Hon'ble Court, in the interest of justice.
b.Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIAPPLICANT / RESPONDENT
DATED :-THROUGH
Counsel's name
ADVOCATE
Counsel's chamber or address
Email: Counsel's email address
Mob. +91-Counsel's mobile number
IN THE COURT OF Name of Metropolitan Magistrate, Ld. M.M., Mahila Court, East District, Karkardooma Courts, Delhi.
I.A. NO. Interim application number OF 20.
IN
CASE NO. Case number OF 20.
IN THE MATTER OF:
Petitioner's name: PETITIONER
---
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Deponent's name S/o Deponent's father's name, aged about Age of the deponent years, R/o Deponent's house number, Tower-Tower number of the deponent's residence, Deponent's colony or project name, Sector-Sector number of the deponent's residence, Gurgaon-Deponent's pincode, do hereby solemnly affirm and declare as under:
1.That I am the respondent in the above-mentioned case and am thoroughly conversant with the facts and circumstances thereof, and am competent to swear this affidavit.
2.That the accompanying application under Section 28(2) of the D.V. Act has been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me. Having fully understood the same, I state that the facts stated therein are true and correct to my knowledge.
3.That the contents of the said application may kindly be read as part and parcel of this affidavit, as the contents thereof have not been repeated herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification 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
IN THE COURT OF Name of Metropolitan Magistrate, Ld. M.M., Mahila Court, East District, Karkardooma Courts, Delhi.
I.A. NO. Interim application number OF 20.
IN
CASE NO. Case number OF 20.
IN THE MATTER OF:
Petitioner's name: PETITIONER
---
VERSUS
Respondent's name: RESPONDENT
N.D.O.H.:- Next date of hearing
APPLICATION FOR AND ON BEHALF OF THE APPLICANT / RESPONDENT UNDER SECTION 5 OF THE LIMITATION ACT, FOR CONDONATION OF DELAY IN FILING THE APPLICATION UNDER SECTION 28(2) OF THE D.V. ACT.
MOST RESPECTFULLY SHOWETH :-
1.That the above-mentioned matter was fixed before this Hon'ble Court on Date of the ex-parte proceeding order, and owing to the non-appearance of the respondent, this Hon'ble Court was pleased to proceed ex-parte against the respondent and passed the ex-parte judgment on Date of the ex-parte judgment against the respondent.
2.It is submitted that as the marriage between the parties had completely broken down and there was no chance of reconciliation, the respondent filed a petition under Section 13(B)(1) of the Hindu Marriage Act for divorce before the Family Court, Greater Noida. The petitioner has been defending the said matter and has filed an application under Section 24 of the Hindu Marriage Act. The petitioner also filed a separate petition under Section 125 Cr.P.C. before the Family Court, Greater Noida. The petitioner has also filed a complaint on which FIR No. FIR number under Sections 498-A, 323 and 504 of the IPC, Police Station Name of the police station, has been registered against the respondent, his widowed mother, his divorced sister, his cousin and his cousin's wife. The FIR is based on similar allegations, and even in the FIR the entire grievance of the petitioner is that the respondent is not providing money to her. After a detailed investigation, the police submitted a closure report and held that no case(s) is made out against the respondent, his widowed mother, his divorced sister, his cousin and his cousin's wife. It is pertinent to mention that the petitioner herself admitted the jurisdiction of Noida, U.P.; despite the filing of all these cases before the Noida Courts, she deliberately and mala fide concealed all these proceedings from this Hon'ble Court and thereafter filed the Domestic Violence case.
3.It is further submitted that while all these proceedings were pending at Noida, U.P., the petitioner filed a complaint under Section 12 of the Protection of Women under Domestic Violence Act before this Hon'ble Court. On Date of filing the application under Section 25(2), the respondent filed an application under Section 25(2) of the Protection of Women under Domestic Violence Act, on the ground that the Hon'ble Court below does not have the territorial jurisdiction to entertain the complaint.
4.It is further submitted that on Date of the ex-parte proceeding order, when the matter was called before the Hon'ble Court, the associate of the main counsel for the respondent was held up in another Court, and upon the first call itself, the Hon'ble Court, wrongly recording that there was no appearance on the previous date, proceeded ex-parte. On Date when the Hon'ble Court was on leave, the Hon'ble Court was on leave, and again the associate of the main counsel marked his presence. Thereafter, the associate of the main counsel took up a new job and, while handing over the brief, inadvertently did not mention the order dated Date of the ex-parte proceeding order and instead noted that the matter had been adjourned for further proceedings. Owing to the multiple cases between the parties, the present matter remained unnoticed, and as the parties were in mediation since Date from which the parties were in mediation, the respondent was appearing in the matter before the Family Court, District East, Karkardooma, filed by the petitioner on behalf of the minor children seeking maintenance. The respondent has also moved an application under Order VII Rule 10 on the ground that the Court does not have the territorial jurisdiction. Hence, there was no reason for the respondent not to appear before this Hon'ble Court in the proceedings under the Domestic Violence Act.
5.On Date matter was listed before the Noida Court, the matter between the parties was listed before the Noida Court, when it was mentioned that the present DV complaint had been disposed of on Date of the ex-parte judgment. It came as a shock to the respondent that the matter had been disposed of while the parties were in mediation. Thereafter, on Date of applying for certified copy, the respondent's counsel applied for a certified copy and filed the appeal against the ex-parte judgment dated Date of the ex-parte judgment passed by this Hon'ble Court.
6.It is submitted that the applicant / respondent came to know of the said ex-parte order dated Date of the ex-parte proceeding order when the counsel for the petitioner sent an e-mail to the applicant / respondent on Date of email about ex-parte judgment informing that an ex-parte judgment had been passed by the Hon'ble Court vide judgment dated Date of the ex-parte judgment against the applicant / respondent.
7.That the said ex-parte order and judgment also came to the knowledge of the respondent when a police official from the Name of the police station Police visited the residence of the respondent's mother at Name of the respondent's mother's residence, Road name of mother's address, Sector-Sector number of mother's address, Greater Noida, on Date of police visit to Respondent's mother's residence, enquired about the respondent, and further stated that there was a warrant of arrest against the respondent, Respondent's name, in execution petition bearing No. Execution petition number filed by the petitioner. The respondent moved an application for cancellation of the warrant before this Hon'ble Court, and the Hon'ble Court issued notice and stayed the execution of the warrant of arrest till the next date of hearing, i.e. Next date of hearing in the warrant matter.
8.That on Date of second attachment visit, the police officials again visited the above-noted address and produced a warrant of attachment of movable and immovable properties in Ex. Crl. No. Execution case number (Ex. Crl. No.) for a sum of Rs. Amount of attachment/-.
9.That, as per the order dated Date of order directing payment of arrears, this Hon'ble Court directed the Respondent to pay the arrears in six monthly instalments, concluding on Deadline for completion of instalments, and the Execution Petition filed by the Petitioner is for a sum of Rs. Amount of execution petition/-. The Petitioner has misled this Hon'ble Court, misrepresented the facts and played a fraud upon the Court, and has thereby procured execution of a warrant of attachment of movable/immovable properties for a sum of Rs. Amount of attachment/- through the SDM, in respect of the two addresses, namely House number, Unitech Harmony, Gurgaon, Tower No. X, Project name, Unitech Harmony, Gurgaon, Sector Sector number, Gurgaon, Gurgaon, Haryana, and Flat No. Flat number, Jaypee Greens, Noida, Orchards, Wishtown, Project name, Jaypee Wishtown, Noida, Sector Sector number, Noida, Noida.
10.That although the above two addresses alone are mentioned in the warrant of attachment of movable and immovable properties, the police officials instead visited the residence of the mother of the Judgment Debtor (Respondent) at Judgment debtor's mother's residence address, so as to harass an elderly widow. This further demonstrates the connivance between the Petitioner and the police officials.
11.That the Respondent has no permanent place of residence in Delhi, Noida or Gurgaon and is effectively homeless. In these circumstances, he requested his first cousin, namely Respondent's cousin's name, to permit the Respondent to use his residential address for correspondence purposes, and it is for this reason that the Respondent has given this address in his affidavits. No process server has ever visited this address, as the process server never met the Respondent's first cousin, Respondent's cousin's name. It is also pertinent to mention that no person can enter the main gate of the apartment complex without the permission of the owner. The Petitioner is malafidely not abiding by the order dated Date of order directing payment of arrears passed by this Hon'ble Court.
12.That for the reasons stated above, the Application under Section 28(2) of the D.V. Act could not be filed earlier by the Applicant/Respondent, and the delay has consequently been occasioned. The Applicant/Respondent is therefore filing the present application for condonation of the delay of Days of delay days in filing the Application under Section 28(2) of the D.V. Act, which delay is neither intentional nor deliberate.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:-
a.Allow the present application and further condone the delay of Days of delay days in filing the Application under Section 28(2) of the D.V. Act before this Hon'ble Court, in the interest of justice.
b.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIAPPLICANT / RESPONDENT
DATED: –THROUGH
Counsel's name
ADVOCATE
Counsel's chamber or address
Counsel's name
Email: Counsel's email address
Mob. +91-Counsel's mobile number
IN THE COURT OF Name of Metropolitan Magistrate, Ld. M.M., Mahila Court, East District, Karkardooma Courts, Delhi.
I.A. NO. Interim application number OF 20.
IN
CASE NO. Case number OF 20.
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Deponent's name S/o Deponent's father's name, aged about Age of the deponent years, R/o Deponent's house number, Deponent's tower or block, Deponent's colony or project name, Gurgaon-Deponent's pincode, do hereby solemnly affirm and declare as under:
1.That I am the Respondent in the above-mentioned case and am thoroughly conversant with the facts and circumstances thereof, and am competent to swear this affidavit.
2.That the contents of the accompanying application under Section 5 of the Limitation Act have been drafted by my counsel as per my instructions; the contents thereof have been duly read over to me and understood by me, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge.
3.That the contents of the said application may kindly be read as part and parcel of this affidavit, as the contents thereof have not been repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification day of Month and 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