IN THE COURT OF Name of the court
CIVIL SUIT NO. Civil suit number OF Civil suit year
IN THE MATTER OF:
Plaintiffs' names… PLAINTIFFS
VERSUS
Respondents' names… RESPONDENTS
APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY IN FILING THE WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO. 1, NAMELY SH. Defendant no.1's name
MOST RESPECTFULLY SHOWETH:
1.The above-captioned matter is pending adjudication before this Hon'ble Court and is currently fixed for Next date of hearing (day).Next date of hearing (month).Next date of hearing (year).
2.That this Hon'ble Court was pleased to close the opportunity of Defendant No. 1 to file the written statement vide order dated Order closing WS (day).Order closing WS (month).Order closing WS (year), as the earlier counsel engaged by Defendant No. 1 was unable to file the written statement on record owing to personal circumstances which compelled him to shift his office from Earlier counsel's old office address to Earlier counsel's new office address. In the course of the shifting, several files were misplaced by the shifting agency, and the file of the present case was bundled together with the file of another case. The earlier counsel was under the bona fide impression that the written statement had already been placed on record. Owing to this misunderstanding, the written statement of Defendant No. 1 could not come on record.
3.That Defendant No. 1, upon coming to know of this inadvertent lapse, took back the case file from the earlier counsel on Date of taking back file (day).Date of taking back file (month).Date of taking back file (year) and has now engaged Sh. New advocate's name, Advocate, to proceed with the matter.
4.That Defendant No. 1 shall suffer great hardship if the written statement is not taken on record, as the present matter arises out of a family dispute. There are several matters which took place within the family without any written documentation but which have a crucial bearing on the joint family and on the properties of the Hindu Undivided Family (HUF).
5.That the version of Defendant No. 1 is extremely important for the just decision of the present matter, as Defendant No. 1 is the eldest and surviving member of the family to which the present parties and the suit property belong.
6.That Defendant No. 1 has done a great deal for the benefit of the joint properties, including the suit property, and has incurred expenditure to the tune of Rs. Amount spent on suit property (₹ lakh) Lakh towards the maintenance of the suit property. The plaintiffs and Defendants No. 2 and 3 are unlikely to disclose these crucial facts, which are in fact the bone of contention leading to the present suit.
7.That Defendant No. 1, along with the other family members, entered into a settlement document dated Settlement date (day).Settlement date (month).Settlement date (year) in order to put an end to the dispute relating to the suit property and the other properties belonging to the HUF of which all the parties are members. However, the plaintiffs and Defendants No. 2 and 3 are unlikely to disclose these crucial facts, as they themselves violated the terms and conditions of the said settlement document on Violation date (day).Violation date (month).Violation date (year).
8.That permitting Defendant No. 1 to file the written statement will simplify the controversy in the present suit and assist this Hon'ble Court in adjudicating the matter in a timely manner.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application, permit the written statement of Defendant No. 1 to be taken on record, and condone the delay in filing the same, in the interest of justice.
PLACE: Place of signing
DATED: Affidavit date (day).Affidavit date (month).Affidavit date (year)
Defendant no.1's signature
DEFENDANT NO. 1
THROUGH
New advocate's name, ADVOCATE
Address: Defendant no.1's address
Address line 2
Address line 3
Mob. No.: Mobile number
Email: Advocate's email ID
VERIFICATION
I, Defendant no.1's name, the Defendant No. 1 above-named, do hereby verify that the contents of paragraphs 1 to 8 of the present application are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Verified at Place of signing on this Affidavit date (day).Affidavit date (month).Affidavit date (year).
Defendant no.1's signature
DEFENDANT NO. 1