Evidence affidavit of plaintiff in a suit for recovery of money lent to her brother
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IN THE COURT OF THE LEARNED DISTRICT JUDGE, DISTRICT WEST;
TIS HAZARI COURTS, DELHI.
CIVIL SUIT NO. Civil suit number OF 2022.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)
Affidavit of Mrs. Plaintiff's name, D/o Late Plaintiff's father's name, W/o Plaintiff's husband's name, R/o Plaintiff's address, New Delhi-110008, who do hereby solemnly affirm and declare as under:-
1.That I am the Plaintiff in the present case and, as such, I am conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.I state that the parties to the present suit are related to each other. The Deponent is the elder sister of the Defendant and has been constrained to file the present suit for recovery of Rs. Loan amount (₹)/- (Loan amount in words), being the amount paid by her to the Defendant during the financial hardship faced by him.
3.I state further that the Deponent and the Defendant shared cordial relations, and the Deponent, being the elder sister, used to help her brother as the Defendant did not have a stable source of income or earnings.
4.I state further that the financial condition of the Defendant was not stable, as he was out of a job, and he requested the Deponent for financial help to meet his day-to-day expenses.
5.I state further that the Deponent, being the elder sister and having affection towards her brother and his family members, including his two children, helped the Defendant.
6.I state further that, taking advantage of the kind nature of the Deponent, the Defendant continued to ask for loans/money on a regular basis, and each time he had an excuse, which included household expenses, the school fees of the Defendant's children and other miscellaneous expenses. In respect of each loan amount received, the Defendant used to promise and assure the Deponent that he would refund the loan amount at the earliest. The Deponent believed in the assurances of the Defendant and never doubted his intentions.
7.I state further that the entire loan amount was transferred from the HDFC Bank accounts of the Deponent bearing No. First HDFC account number at First HDFC account branch and No. Second HDFC account number at Second HDFC account branch, New Delhi. The detailed bank statements of the Deponent reflect the details of the loan amounts transferred to the Defendant on several dates, starting from Date of first loan transfer till Date of last loan transfer. The copy of the HDFC Bank statement of the Plaintiff's A/c No. First HDFC account number from First bank statement start date till First bank statement end date is Ex.PW1/1. The copy of the HDFC Bank statement of the Plaintiff's A/c No. Second HDFC account number from Second bank statement start date till Second bank statement end date is Ex.PW1/2.
8.I state further that the mother of the parties to the present suit passed away on Date of mother's death, and since then the Defendant refrained from talking to the Deponent about returning the loan. On Date defendant refused repayment, he flatly refused to refund the loan amount received by him, refused to talk to the Deponent, and did not even bother to reply to her messages and calls. On account of this sudden change in the behaviour and attitude of the Defendant, the Deponent realised the malafide intention of the Defendant to retain the loan amount of Rs. Loan amount (₹)/- received by him on several dates, as per the bank statements of the Deponent annexed hereto.
9.I state further that the Deponent also tried to contact the Defendant personally on Date of attempted personal contact at Place or time of attempted contact, but the Defendant did not bother to talk to the Deponent and remained tight-lipped regarding the refund of the loan amount received by him.
10.I state further that the Deponent, after waiting for a considerable period, and keeping in view the past cordial relations between the parties, gave sufficient opportunity to the Defendant to refund the loan amount. However, the Defendant grossly misused the generosity of the Deponent and kept on delaying the payment on one pretext or the other. The Deponent is now not willing to delay the recovery of the loan amount any further and is hence filing the present suit.
11.I state further that the Plaintiff sent a legal notice dated Legal notice date for recovery of Rs. Loan amount (₹)/- by registered post and email to the Defendant. On Date of defendant's reply to notice, the Defendant sent a frivolous reply to the legal notice. The copy of the notice dated Legal notice date for recovery of Rs. Loan amount (₹)/-, along with the original postal receipt and email, is Ex.PW1/3 (colly.). The copy of the reply dated Date of defendant's reply to notice to the legal notice, sent by the Defendant, is Ex.PW1/4.
12.I state further that the Defendant was disinherited by the late mother of the parties to the present suit vide a newspaper publication dated Date of newspaper publication, as he never respected her. The copy of the newspaper publication disinheriting the Defendant, dated Date of newspaper publication, published in The Statesman, New Delhi, is Ex.PW1/5.
13.I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this Date of verification that the contents of paragraphs 1 to 13 of my above evidence affidavit are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.
DEPONENT
IN THE COURT OF THE LEARNED DISTRICT JUDGE, DISTRICT WEST;
TIS HAZARI COURTS, DELHI.
CIVIL SUIT NO. Civil suit number OF 2022.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
LIST OF WITNESSES
1.The Plaintiff herself.
2.The concerned official of the Plaintiff's bank.
3.The concerned official of the Defendant's bank.
4.The concerned officials of the Postal Department.
5.Any other witnesses who may be sought to be summoned.
DELHIPLAINTIFF
THROUGH
Advocate's name
ADVOCATE
Ch. No. Advocate's chamber number
Mob. No. Advocate's mobile number
Email: Advocate's email address
DATED: