Ex-parte evidence affidavit of plaintiff in suit for permanent injunction
0 of 53 blanks filled
IN THE COURT OF SH. Judge's name (leave or blank per library policy), LD. CIVIL JUDGE (JUNIOR DIVISION), FARIDABAD.
CIS NO. CIS number
IN THE MATTER OF :-
Plaintiff's nameAPPLICANT/PLAINTIFFS
VERSUS
Defendant's nameDEFENDANTS
EX-PARTE EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF NO.1 (PW1)
Affidavit of Mr. Deponent's name S/o Sh. Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:-
1.That the Deponent is Plaintiff No.1 / Applicant in the above-noted suit, is well conversant with the facts and circumstances of the case, and is competent to file the present affidavit.
2.I state that Defendant No.1 is the Relationship of Defendant No.1 to the Deponent of the Deponent, and she has filed multifarious litigations against the Deponent and his family members.
3.I further state that the present suit was filed with a prayer for permanent injunction against Defendants No.1 and 2, restraining them from creating nuisance in front of the house/shop/workplace of the Deponent, and also restraining Defendants No.1 and 2 from defaming the Deponent among his neighbours/colleagues.
4.That this Hon'ble Court was pleased to pass an interim order in the application under Order 39 Rules 1 & 2 of CPC on Date of interim injunction order, restraining the Defendants from disturbing the Deponent either at his workplace or at his shop till the final disposal of the suit. Copy of the order dated Date of interim order annexed as Ex.Pw1/1 passed by this Hon'ble Court is annexed and marked as Ex.PW1/1.
5.I further state that Defendant No.1 is habitual of committing illegal acts against the Deponent. She has repeatedly visited the home and workplace of the Deponent at Home and workplace address, and numerous incidents have been created by Defendant No.1 since long, interfering with the peaceful life of the Deponent. She has not only visited the workplace of the Deponent but has also met his friends, colleagues and boss, and made many false and frivolous allegations against the Deponent, which lowered the reputation of the Deponent in the eyes of his friends, colleagues and boss.
6.I further state that Defendant No.1 is in the habit of such acts, which have lowered the social image of the Deponent in society, among his friends, colleagues, office staff and boss. Now, on Date of first email, the Defendant sent emails (sender's email Sender's email address & receiver's Receiver's email address of emails to Deponent) to the Deponent, and further emails were sent on Date of second email at Time of second email, Date of third email at Time of third email and on Date of fourth email at Time of fourth email. On Date of email to Managing Director at Time of email to Managing Director, the Defendant sent a mail (sender's email- Sender's email address of mail to Managing Director & receiver's Receiver's email address of mail to Managing Director) to the Managing Director of the Deponent's company, and also made telephone calls to the Managing Director of the company and to the office staff. The Defendant is not approaching this Hon'ble Court, but is instead sending mails to the Managing Director of the Deponent's company and seeking his favour. This act of the Defendant has made the Deponent an object of ridicule in the office, and everyone in the office questions the Deponent regarding the same, whereby his reputation stands tarnished by the Defendant. The Managing Director of the Deponent's company has warned the Deponent that personal problems, court orders and other such matters should be kept outside the office, and that if this act of the Defendant is repeated, the Deponent would have to face consequences. The Managing Director further directed the Deponent that the Defendant must be restrained from making telephonic calls to the Managing Director of the company. The Deponent now apprehends that, by reason of the acts of the Defendant, he could be removed from the company. Copies of the various emails sent by Defendant No.1 to the Deponent and to his employer, dated Date of first annexed email, Date of second annexed email and Date of third annexed email, are annexed and marked as Ex.PW1/2 to Ex.PW1/5.
7.I further state that Defendant No.1, by sending these emails, has defamed the Deponent at his workplace, and has thereby deliberately committed breach of the injunction order.
8.I further state that the Defendant has committed disobedience, violation and breach of the interim orders passed by this Hon'ble Court on Date of interim order breached under Order 39 Rules 1 & 2 of CPC. There was a second application regarding the continued disobedience of the order dated Date of order disobeyed by the Defendant, which was filed by the Deponent on Date of filing second disobedience application.
9.I further state that the Defendant got a legal notice served upon the employer of the Deponent through her counsel, dated Date of legal notice to employer, which depicts that the Defendant was well aware of the statement made by the counsel on Date of counsel's statement, and the said statement has not been refuted anywhere in the legal notice. No counsel would make any statement which he has not been instructed to make by his client. Copy of the legal notice dated Date of legal notice annexed as Ex.PW1/6 is annexed and marked as Ex.PW1/6.
10.I further state that the new stand taken by the Defendant in the application for review of the order dated Date of order under review application, after a period of Delay period after order, is wholly false and contrary to the reply filed to the application for disobedience of the order dated Date of disobedience order replied to, and is certainly an afterthought. The reply to the application for disobedience of the order dated Date of order replied to was filed on Date of filing reply; the Defendant could have very well taken the plea therein that she was unaware of the order dated Date of order defendant claimed unawareness of; instead, she sought to justify her acts by other averments. The contention of the Defendant in her reply dated Date of defendant's reply, stating in paragraph 2 of the said reply that she has never violated the order dated Date of order allegedly violated, clearly shows that the Defendant was aware of the order dated Date of order passed by court passed by this Hon'ble Court. Copy of the order dated Date of order annexed as Ex.Pw1/7 passed by this Hon'ble Court is annexed and marked as Ex.PW1/7.
11.I further state that Defendant No.1 has in the past also committed such acts of defaming the Deponent and his family members, the evidence whereof is annexed along with the plaint in the present suit and is also annexed herewith and marked as Exhibits. The SPA executed by Plaintiffs No.2, 3 and 4 in favour of the Deponent are marked as Ex.PW1/8 to Ex.PW1/10 respectively. The video recording of Defendant No.1 shouting on the street and hurling abuses at the Deponent and his Advocate is marked as Ex.PW1/11. The copy of the call details of the Deponent for the month of Month of call detail record, evidencing calls made to the local police at Faridabad, together with the copy of the written complaint made to the DCP by the Deponent dated Date of complaint to DCP, are marked as Ex.PW1/12 and Ex.PW1/13. The copy of the complaint under Section 138 of the N.I. Act, 1881, filed by Defendant No.2 in collusion with Defendant No.1 against the Deponent, is marked as Ex.PW1/14 (colly.), and the copy of the bank statement of the Deponent showing transfer of his salary to Defendant No.1 via NEFT is marked as Ex.PW1/15. The copy of the medical examination report of Plaintiff No.2 of Name of hospital Hospital is marked as Ex.PW1/16. The copy of the settlement arrived at the Police Post, Police post name, on Date of settlement at police post, is marked as Ex.PW1/17. The credit card statement of the Deponent showing blocking of his credit cards is marked as Ex.PW1/18.
12.I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION:-
Verified at Place of verification on this Day of verification day of Month of verification, Year of verification, that the contents of paragraphs 1 to 12 of my evidence affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT