Quick Contact
- Office No.101, Himland House, Commercial Complex,Karampura, Delhi-110015, India
- 8171974067
- info@lawvs.com
Copyright ©2025 Lawvs.com | All Rights Reserved
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_________________________________ : APPELLANTS
VERSUS
________________________ : RESPONDENTS
INDEX
|
S.NO. |
PARTICULARS |
PAGES |
|
1. |
NOTICE
OF MOTION |
|
|
2. |
URGENT
APPLICATION |
|
|
3. |
MEMO
OF PARTIES |
|
|
4. |
SYNOPSIS
AND LIST OF DATES & EVENTS. |
|
|
5. |
CERTIFICATE |
|
|
6. |
APPEAL UNDER CLAUSE 10 OF THE LETTERS PATENT AGAINST
THE ORDER DATED _________ PASSED BY LD. SINGLE JUDGE OF THIS HON’BLE HIGH COURT IN CHAMBER
APPEAL NO. ________ IN
CS(OS) __________ OF ___. ALONG WITH AN AFFIDAVITS. |
|
|
7. |
ANNEXURE
A-1 IMPUGNED ORDER DATED _____ PASSED BY LD. SINGLE
JUDGE OF THIS HON’BLE HIGH
COURT IN CHAMBER APPEAL NO. _______
IN CS(OS) ____ OF ___. |
|
|
8. |
ANNEXURE
A-2 COPY
OF IMPUGNED ORDER DATED ________ PASSED BY THE LD. JOINT REGISTRAR (JUDICIAL) IN CS(OS) ___ OF 2023. |
|
|
9. |
ANNEXURE
A-3 COPY
OF ORDER DATED _____ PASSED
BY THE LD. JOINT REGISTRAR (JUDICIAL) IN CS(OS) ___ OF 2023. |
|
|
10. |
ANNEXURE
A-4(COLLY): COPY
OF MEDICAL DOCUMENTS AND DOCUMENT OF DEATH OF FATHER OF THE COUNSEL OF THE
APPELLANTS. |
|
|
11. |
ANNEXURE
A-5 COPY OF CHAMBER APPEAL BEARING NO. __________ FILED
BY THE APPELLANTS BEFOORE LD. SIGNLE JUDGE OF
THIS HON’BLE HIGH COURT AGAINST
THE ORDER DATED _________ PASSED BY THE LD. JOINT REGISTRAR (JUDICIAL) IN
CS(OS) ___ OF 2023. |
|
|
12. |
ANNEXURE
A-6 COPY OF ORDER DATED _______ PASSED BY LD. SINGLE
JUDGE OF THIS HON’BLE HIGH
COURT IN CS(OS) ____
OF 2023. |
|
|
13. |
APPLICATION
UNDER SECTION 151 OF C.P.C. FOR STAY ALONGWITH AFFIDAVIT. |
|
|
14. |
APPLICATION
UNDER SECTION 151 OF CPC FOR EXEMPTION FROM FILING CERTIFIED COPIES AND DIM
ANNEXURES ALONGWITH SUPPORTING AFFIDAVIT. |
|
|
15. |
COURT
FEES. |
|
|
16. |
VAKALATNAMA. |
|
APPEALANTS
DELHI THROUGH
DATED
_____________________
ADVOCATES
________________
Mob.No.___________________
Email: _____________________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
________________________________ : APPELLANTS
VERSUS
______________________________ :
RESPONDENTS
URGENT APPLICATION
TO,
The Registrar,
Delhi High Court,
New
Delhi
Sir,
Would you kindly treat
the accompanying Petition as urgent one as the High Court rules and
regulations: the Ground of urgency are :-
May kindly be pleased to set aside the impugned Order Dated _______ Passed By Ld.
Single Judge of this Hon’ble High Court in Chamber Appeal
no. _________ In CS(OS) ___ of 2023.
APPEALANTS
DELHI THROUGH
DATED
________________
ADVOCATES
_________________________
Mob.No.______________
Email: _______________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
____________ :
APPELLANTS
VERSUS
______________________ :
RESPONDENTS
NOTICE OF MOTION
TO,
_______________
_______________
_______________
Sir,
Kindly take note that the abovementioned LPA is being filed
before Delhi High Court and the same is likely to be listed on ___, October, 2024
or thereafter. A copy of the LPA
alongwith the Applications and the Annexures is being supplied along with this
letter.
APPEALANTS
DELHI THROUGH
DATED
______________________
ADVOCATES
____________________
Mob.No_______________
Email: ______________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
___________________________. :
APPELLANTS
VERSUS
_____________ :
RESPONDENTS
MEMO OF PARTIES
1. _______________
2. _______________.
3. __________
4. ________________ : APPELLANTS
VERSUS
1. _____________
………………
New Delhi. : RESPONDENTS
-------------------------------------------------------------------------------
APPEALANTS
DELHI THROUGH
DATED
_________________
ADVOCATES
___________________
Mob.No_____________
Email: _____________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
___________________________. :
APPELLANTS
VERSUS
_______________________ :
RESPONDENTS
CERTIFICATE
It
is certified that all the papers qua Chamber Appeal bearing No. OA No.___/2024 filed
before the Hon’ble Single Bench in CS(OS) No.___/2023 have been annexed to this
Appeal and no other documents other than from the record of the Appellants have
been filed in this Appeal.
APPEALANTS
DELHI THROUGH
DATED
________________________
ADVOCATES
___________
Mob.No.____________
Email: _____________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
1. ______________
2. __________________.
3. ___________
4. _____________. : APPELLANTS
VERSUS
__________________
………………
New
Delhi. :
RESPONDENTS
AN APPEAL UNDER CLAUSE 10
OF THE LETTERS PATENT AGAINST THE ORDER DATED _______ PASSED BY HON’BLE SINGLE JUDGE BENCH
OF THIS HON’BLE HIGH COURT IN CHAMBER
APPEAL NO.
________ FILED IN CS(OS) ___ OF 2023.
TO,
HON’BLE
THE CHIEF JUSTICE OF THE HIGH COURT OF DELHI AND HIS COMPANION JUDGES OF THE
HIGH COURT OF DELHI,
THE
HUMBLE APPEAL OF THE
APPELLANTS ABOVE NAMED,
MOST
RESPECTFULLY SHOWETH :-
1. The
Appellants by way of the present Appeal challenge the _________ passed by Hon’ble Single
Judge Bench of this Hon’ble High Court in Chamber Appeal bearing No. _______ filed by the Appellants against the Order
dated ________ passed by the Ld. Joint Registrar (Judicial) in
CS(OS) ___ of
2023 whereby
Hon’ble Single Bench was pleased to dismiss the Chamber Appeal on the ground
that there is no merit in the chamber appeal and the same is dismissed
additionally on the ground of limitation. Hence, the order dated __________ is impugned
in this Appeal. Copy of impugned Order dated ___________ passed by Hon’ble Single
Judge Bench of this Hon’ble High Court in Chamber Appeal bearing No. ______ is annexed as ANNEXURE
A-1.
2. That
by way of the impugned order, the Hon’ble Single Bench has rejected the
contention of the Appellants without considering it as raised by the Appellants for setting aside the order dated ________ passed
by the ____________ (Judicial) in CS(OS)/____/2023 whereby
closed the rights of the Appellants to file the written statement alongwith
affidavit of admission / denial of documents. Hence, the present Appeal.
Copy
of Order dated _________ passed by the Ld. Joint Registrar (Judicial) is annexed
as ANNEXURE A-2.
3. That the facts leading to the filing of the
present Appeal are set out hereunder in brief:-
3.1
That on _________, the
Hon’ble Single Bench directed the Appellants (Defendants in CS(OS)/___/2023) to
file the written statements along with affidavit of admission / denial of
document as per law. It is further directed that Appellants may file reply to
the IA within four weeks and adjourned the matter for completion of pleadings
and further proceeding on ______ before Ld. Joint Registrar (Judicial). Copy of
Order dated _______ passed by the Ld. Joint Registrar (Judicial) is annexed as ANNEXURE
A-3.
3.2
That on ________, Counsel
for the Appellants no.1 and 3 submitted that 2-3 pages of the paper book
supplied by the Respondents (Plaintiffs in the CS(OS)/__/2023) are not legible,
due to which Appellants unable to prepared the complete written statement and
file within a week and requested the Hon’ble Single Bench to supply the same,
this plea was strongly opposed by the counsel for the Respondents and stated
that the Appellants were served on _________ and all pages of paper book are
legible, but this fact is not true, three pages of the plaint are not legible
due which counsel for the Appellants unable prepared the same defence and
during this period office of the counsel is under construction and further
during this period father of the main counsel of the Appellants was diagnosed
advanced stage Cancer and counsel for the Appellants totally engaged in the
treatments etc. of the his father, unfortunately by fighting of battle from
cancer father of counsel was died on __________. Due to which the delay in
filing of the Chamber Appeal was occurred. Copy of Medical documents and
document related death of the father of the main counsel for the Appellants are
annexed as ANNEXURE A-4(colly).
3.3
That Ld. Joint Registrar
was pleased to close the rights of the Appellants to file written statement
along with affidavit of admission / denial of documents on ________ as the
statutory period for filing written statement of 120 days and affidavit of
admission / denial of documents has already expired and next date fixed for __________.
3.4
That on _______, the
counsel applied for certified copies for the entire paper book and received the
certified copy of complete paper book on _________.
3.5
That the father of
counsel for not well and diagnosed with advance state of cancer and the counsel
for defendants was very much disturbed from last so many months because of the
ill health of his father and since his father stayed there at __________, U.P,
therefor counsel had to spend time with his father and unfortunately on _______,
the father of counsel died and was taken to Vrindavan from Delhi and the
counsel stayed there for most of the time in the month of March, April, May ____
and could not see his office and since the counsel for the Respondents did not
have complete legible paper book of the plaint and documents and that’s why
failed to comply the order of the Hon’ble Court.
3.6
That in case the order
dated _________ is not set aside and the right of filing written statement of
the Appellants is not decided on merits then the Appellants shall suffer an
irreparable loss and injury, which cannot be compensated in terms of money.
4. Feeling
aggrieved, Appellants filed the Chamber Appeal bearing _________ before the
Hon’ble Single Bench against the Order dated _______ passed by the Ld. Joint
Registrar (Judicial) passed in ____________. The copy of the Chamber Appeal
bearing __________before the Hon’ble Single Bench filed
by the Appellants
is annexed as ANNEXURE A-5.
5. Thereafter, the Hon’ble Single Bench was
pleased to dismissed the Chamber Appeal bearing No. __________vide order dated __________filed by the
Appellants against the Order dated __________passed by the Ld. Joint Registrar
(Judicial) in CS(OS) __________ of 2023 whereby Hon’ble Single Bench was pleased
to dismiss the Chamber Appeal on the ground that there is no merit in the
chamber appeal and the same is dismissed additionally on the ground of
limitation. The Hon’ble Single Bench without appreciating the facts, submission
and documents on record dismissed the Chamber Appeal for opening the right to
file written statement, on other hand granted the opportunity to the
respondents by allowing their condonation delay application in filing the
evidence affidavits with nominal cost of Rs.__________/- vide order dated __________.
The copy of order dated __________ passed by the
Hon’ble Single Bench in CS(OS)/__________/2023 is annexed as ANNEXURE A-6.
6. Being
aggrieved by the impugned order dated __________passed by the Hon’ble Single Bench
on the following grounds, amongst others:-
- : G R O U N D S : -
A.
That
the Hon’ble Single Bench and Ld. Joint Registrar (Judicial) erred in exercising
discretion by prematurely closing their right to file a written statement,
thereby depriving them of a fundamental procedural opportunity to defend
against the respondents' claims. This ground of appeal challenges the
procedural fairness and correctness of the Ld. Joint Registrar's decision dated
__________.
B.
That the counsel appeared first time on __________before
Ld. Joint Registrar (Judicial) and sought adjournment to file the written
statements as the legible copies of the plaint was not with him and he appeared
before Joint Registrar only once and it is mentioned in the order of Ld.
Registrar that “No such plea of non-supply of some documents was ever raised on
behalf of defendants” and it is important to mentioned here that the matter was
listed before this Hon’ble Court on __________and summons were issued to
defendants and on _____ no one appeared on behalf of the defendants and only __________,
the counsel appeared before the Hon’ble Single Bench.
C.
That only principles governing the
exercise of discretion by judicial officers mandate a balanced approach that
considers both the interests of justice and the rights of the parties involved.
It is well-established in case law that discretion must be exercised
judiciously, taking into account all relevant factors and circumstances
presented before the Court (see CIT v. Aggarwal & Company, AIR 1965 SC
720).
D.
The Hon’ble Single Bench and Ld. Joint
Registrar's decision to close the Appellants' right to file a written statement
was based on an incomplete consideration of the facts and circumstances before
the court. The Appellants had diligently raised concerns regarding the
legibility of certain pages of the paper book supplied by the Respondents,
which were crucial for the preparation of their defense. Despite these concerns
being substantiated by the Appellants' counsel, the Ld. Joint Registrar failed
to appropriately weigh the impact of these factors on the Appellants' ability
to comply with procedural timelines.
E.
That the Hon’ble Single Bench and Ld.
Joint Registrar failed to duly consider valid reasons for the delay in filing
their written statement. Specifically, the Appellants' counsel faced
unavoidable personal circumstances, including the ongoing construction of their
office premises and the severe illness of the counsel's father, who tragically
passed away during the crucial period leading up to the filing deadline. These
factors materially hindered the Appellants' ability to prepare their defense
within the stipulated time frame.
F.
That the Hon’ble Single Bench and Ld.
Joint Registrar failed to consider the personal circumstances affecting the
appellants' ability to prepare their defense, namely the construction of the
counsel's office and the illness and subsequent passing of the counsel's
father.
G.
In State of Punjab v. Jalour Singh, (2008)
2 SCC 660, the Supreme Court emphasized that courts must exercise discretion in
accordance with settled principles of equity, fairness, and reasonableness. A
failure to consider relevant and material facts that significantly impact a
party's ability to participate effectively in legal proceedings constitutes an
error in the exercise of discretion.
H.
That the Hon’ble Single Bench and Ld.
Joint Registrar's decision to close the Appellants' right to file a written
statement was erroneous and unjust. The Hon’ble Single Bench intervention to
set aside the order dated __________and grant them an extension of time to file
their written statement along with the affidavit of admission/denial of
documents, thereby ensuring a fair opportunity to present their defense.
I.
The Ld. Joint Registrar (Judicial) failed
to grant a fair opportunity to present their defense by filing the written
statement along with the affidavit of admission/denial of documents.
J.
The Appellants relied upon the following judgments
emphasize that procedural rules like the deadline for filing a written
statement are designed to aid justice, not obstruct it. Courts can exercise
discretion in allowing the defendant to file a written statement even after the
closure by the Ld. Court below, as long as the delay is justified. The Ld. Court
has prematurely closed the opportunity to file a written statement.
1. Sangram
Singh v. Election Tribunal, Kotah; AIR 1955 SC 425. The Supreme Court held that
the procedural laws are meant to further the ends of justice and not to hinder
them. It was emphasized that non-compliance with procedural rules should not
result in denying a party the right to defend the suit, unless such non-compliance
is intentional or to delay proceedings.
2.
Salem Advocate Bar Association v. Union of India (2005) 6 SCC 344. In this
case, the Supreme Court clarified that procedural rules, including timelines
for filing pleadings, must be followed; however, in extraordinary situations,
the court can exercise its discretion to allow the filing of a written
statement beyond the prescribed period if a satisfactory explanation is
provided.
3. Maharashtra
State Electricity Board v. Datar Switchgear Ltd. (2010) 10 SCC 479. The Supreme
Court held that the rules of procedure are handmaidens of justice, and in
exceptional circumstances, courts have the power to relax procedural
requirements, including the timeline for filing a written statement.
4. Bhivchandra
Shankar More v. Balu Gangaram More (2019) 6 SCC 387. The Supreme Court
reiterated that the timeline under Order VIII Rule 1 CPC is not mandatory.
While defendants are expected to adhere to the timeline, the court should not
reject the written statement outright without considering the reasons for
delay.
This
judgment can be used to argue for reopening the opportunity for filing a
written statement, emphasizing that the discretion of the court must be
exercised judiciously.
5. M/S
SCG Contracts India Pvt. Ltd. v. K. S. Chamankar Infrastructure Pvt. Ltd.
(2019) 12 SCC 210. The Supreme Court clarified that the time limit of 90 days
under Order VIII Rule 1 of CPC is not mandatory, but directory. However, the
court held that the defendant should make all efforts to file within the
prescribed time unless there is a sufficient cause for delay.
K.
Because the Hon’ble Single Bench without
appreciating the facts passed the impugned order without considering the
material on record.
7. That
the Appellants submits that they have no other equal or efficacious remedy
other than to approach this Hon’ble Court by way of the present appeal.
8. That
the Appellants have not filed any other similar Appeal before this Hon’ble
Court or before the Hon’ble Supreme Court challenging the impugned order dated __________in
OA No. ____/2024 in CS(OS)__________/2023.
P
R A Y E R
In
the light of the above-mentioned submissions it is most respectfully prayed
that this Hon’ble Court may be pleased to:
(i)
Set aside the impugned Order
Dated __________passed by the Hon’ble High Court Single Judge in Chamber Appeal
No. __________in CS(OS) No. __________/2023; and
(ii)
Grant an extension of
time for a week only to the Appellants to file the written statement along with
the affidavit of admission/denial of documents, thereby ensuring a fair
opportunity to present their defense;
(iii)
Call the record of the
Hon’ble High Court Single Judge in CS(OS) No. __________/2023;
(iv)
Pass such other or
further order(s) as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.
APPEALANTS
DELHI THROUGH
DATED
__________________
ADVOCATES
__________________
Mob.No.___________________
Email: __________________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_________________ . : APPELLANTS
VERSUS
________________________________ :
RESPONDENTS
Affidavit of Sh___________ S/o Late Sh. ________, aged
about __ years, R/o ____________, Delhi-110085, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying Appeal Under Clause 10 of the Letters Patent has been drafted
by my counsel as per my instructions and the facts are true and correct to my
knowledge, while the legal submissions made therein are based on legal advice
received and believed to be true.
3. That
the annexures annexed to the accompanying Appeal are true to their respective
originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
______________________ :
APPELLANTS
VERSUS
_____________________ :
RESPONDENTS
Affidavit of Sh. __________ S/o Late _________, aged
about _ years, R/o ______________, Delhi-110034, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying Appeal Under Clause 10 of the Letters Patent has been drafted
by my counsel as per my instructions and the facts are true and correct to my
knowledge, while the legal submissions made therein are based on legal advice
received and believed to be true.
3. That
the annexures annexed to the accompanying Appeal are true to their respective
originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_______________ : APPELLANTS
VERSUS
__________________. :
RESPONDENTS
Affidavit of Mrs. ____ W/o Sh. ________, aged about __
years, R/o ________________, Delhi-110085, do affirm and declare as under:-
2. That the submissions as to facts made in
the accompanying Appeal Under Clause 10 of the Letters Patent has been drafted
by my counsel as per my instructions and the facts are true and correct to my
knowledge, while the legal submissions made therein are based on legal advice
received and believed to be true.
3. That
the annexures annexed to the accompanying Appeal are true to their respective
originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_____________ :
APPELLANTS
VERSUS
_________________ :
RESPONDENTS
Affidavit of Mrs. _________ W/o Sh. _________, aged
about __ years, R/o _____________, Delhi-110034, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying Appeal Under Clause 10 of the Letters Patent has been drafted
by my counsel as per my instructions and the facts are true and correct to my
knowledge, while the legal submissions made therein are based on legal advice
received and believed to be true.
3. That
the annexures annexed to the accompanying Appeal are true to their respective
originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
________________________. :
APPELLANTS
VERSUS
APPLICATION FOR STAY OF
THE PROCEEDINGS PENDING BEFORE THE
HON’BLE HIGH COURT SINGLE JUDGE IN CS(OS) __________ OF
2023
TILL THE FINAL DISPOSAL OF THE PRESENT APPEAL.
MOST
RESPECTFULLY SHOWETH ;-
1.
That the Appellants filed the
aforementioned Appeal for setting aside the Order Dated __________Passed By The
Hon’ble High Court Single Judge In __________In CS(OS) __________ of 2023 filed
by the Appellants whereby dismissed the Chamber Appeal and the said contents of
the Appeal may be read as part and parcel of this application.
2.
That the present Appeal may take some time
in its disposal and till the disposal of the present Appeal this Hon'ble Court
may please to stay the proceeding pending before The Hon’ble High Court Single
Judge In CS(OS) __________ of 2023 and their orders or otherwise the Appellants
shall suffer an irreparable loss and injuries which cannot be compensated in
any other form.
3.
That the balance of convenience lies in
favour of the appellants and against the respondents, moreover the appellants
have suffer from huge loss if the stay is not granted in favour of the appellants
till the pendency of the accompanying appeal.
4.
That the Appellants have good prima facia
case in his favour and against the respondents and there are chances that they will
definitely succeed in this case.
PRAYER :-
It
is therefore most respectfully prayed that this Hon’ble Court may pleased to :-
a. Grant
and ad-interim stay the proceeding pending before The Hon’ble High Court Single
Judge In CS(OS) __________ of 2023 till
the final disposal of the present Appeal.
b. Any
other order / relief which this Hon’ble Court may kindly deem fit and proper
under the facts and circumstances of the case and the also be passed / granted
in favour of the appellants.
APPEALANTS
DELHI THROUGH
DATED
_____________________
ADVOCATES
______________,
New Delhi-110015
Mob.No.___________________
Email: ___________________
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_______________________ :
APPELLANTS
VERSUS
Affidavit of Sh. ____________ S/o Late Sh. _________-,
aged about __ years, R/o ___________ Delhi-110085, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying Application U/s 151 of CPC has been drafted by my counsel as
per my instructions and the facts are true and correct to my knowledge, while
the legal submissions made therein are based on legal advice received and
believed to be true.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
___________. :
APPELLANTS
VERSUS
Affidavit of Sh. __________ S/o Late Sh. _______, aged
about __ years, R/o _______________-110034, do affirm and declare as under:-
2. That the submissions as to facts made in
the accompanying Application U/s 151 of CPC has been drafted by my counsel as
per my instructions and the facts are true and correct to my knowledge, while
the legal submissions made therein are based on legal advice received and
believed to be true.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_________________. : APPELLANTS
VERSUS
Affidavit of Mrs. ____________ W/o Sh. _____, aged
about _ years, R/o ______________, Delhi-110085, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying Application U/s 151 of CPC has been drafted by my counsel as
per my instructions and the facts are true and correct to my knowledge, while
the legal submissions made therein are based on legal advice received and
believed to be true.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
______________________________ : APPELLANTS
VERSUS
Affidavit of Mrs. _________ W/o Sh__________, aged
about __- years, R/o ____________, Delhi-110034, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying Application U/s 151 of CPC has been drafted by my counsel as
per my instructions and the facts are true and correct to my knowledge, while
the legal submissions made therein are based on legal advice received and
believed to be true.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPELLATE JURISDICTION)
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_______________________ : APPELLANTS
VERSUS
APPLICATION UNDER SECTION
151 OF THE CODE OF CIVIL PROCEDURE FOR EXEMPTION FROM FILLING CERTIFIED COPIES
OF THE ANNEXXURES, LEGIBLE COPIES OF DIM & MARGINED COPIES OF ANNEXURES.
MOST
RESPECTFULLY SHOWETH ;-
1. That
the appellants have filed Annexures along with the main appeal in order to
support the appeal and the Annexures filed are the true, correct and compared
copies of the original.
2. That
due to paucity of time and urgency in the matter, the appellants are unable to
file the certified copies of annexures, legible copies of dim & margined
copies of annexures before this Hon’ble Court. Therefore, the appellants are
seeking exemption from filing the same in the interest of justice.
3. That
the appellants further undertake to file the same as and when this Hon’ble
Court will direct.
It
is most respectfully prayed that this Hon’ble Court may please to exempt the appellants
from filing certified copies of annexures, legible copies of dim & margined
copies of annexures in the interest of justice.
APPEALANTS
DELHI THROUGH
DATED
________________________________
ADVOCATES
_______________
Mob.No.__________________
Email:
________________
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
____________________ . : APPELLANTS
VERSUS
______________ :
RESPONDENTS
Affidavit of Sh. ____________ S/o Late Sh___________,
aged about ___ years, R/o ____________ Delhi-110085, do affirm and declare as
under:-
2. That the submissions as to facts made in
the accompanying application moved Section 151 of the Code of Civil Procedure
seeking exemption from filling certified copies are based on legal advice
received and believed to be true.
3. That the annexures annexed to the
accompanying application are true to their respective originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_____________________ . : APPELLANTS
VERSUS
______________________ :
RESPONDENTS
Affidavit of Sh__________ S/o Late Sh. _____, aged
about __ years, R/o _________________ do affirm and declare as under:-
2. That the submissions as to facts made in
the accompanying application moved Section 151 of the Code of Civil Procedure
seeking exemption from filling certified copies are based on legal advice
received and believed to be true.
3. That the annexures annexed to the
accompanying application are true to their respective originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
_____________________________ :
APPELLANTS
VERSUS
______________________ :
RESPONDENTS
Affidavit of Mrs. ______ W/o Sh. ______, aged about __
years, R/o _______________, do affirm and declare as under:-
2. That the submissions as to facts made in
the accompanying application moved Section 151 of the Code of Civil Procedure
seeking exemption from filling certified copies are based on legal advice
received and believed to be true.
3. That the annexures annexed to the
accompanying application are true to their respective originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.MISC. APP. NO. ______ OF 2024.
IN
L.P.A. NO. ________ OF 2024.
IN THE MATTER OF :-
______________ : APPELLANTS
VERSUS
________________ :
RESPONDENTS
Affidavit of ___________ W/o Sh. __________, aged
about __ years, R/o __________________-110034, do affirm and declare as under:-
2. That the submissions as to facts made in
the accompanying application moved Section 151 of the Code of Civil Procedure
seeking exemption from filling certified copies are based on legal advice
received and believed to be true.
3. That the annexures annexed to the
accompanying application are true to their respective originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____, day of
October, 2024 that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
