IN THE COURT OF SH. XXXX XXXXX; LD. ADJ; SHAHADRA DIST., KARKARDOOMA COURTS, DELHI.

P.C. NO. XX OF 20__.

IN THE MATTER OF :-

XXXXX XXXXXXXX                                        : PETITIONER

VERSUS

THE STATE (NCT OF DELHI) & ORS.           : RESPONDENTS

N.D.O.H.: 11.11.20__

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO.2 FOR SUMMONING THE WITNESSES AS PER THE LIST OF WITNESSES FILED ON RECORD ON 06.10.2023 TO BRING ON RECORD OF THE JUDICIAL FILE OF THE CASES IN THE PRESENT MATTER.

MOST RESPECTFULLY SHOWETH:

1.       That the present probate petition is pending before this Hon’ble Court and now fixed for 11.11.20XX for DE.

2.                 That on 06.10.2023 the Applicant / Respondent no.2 and 3 filed the list of witnesses in support of their defense in the present case which taken on record by this Hon’ble Court vide order dated 07.10.2023.

3.                 That the present matter is at the stage of defense evidence and the Applicant / Respondents no.2 and 3 wants to call the witnesses as per the list of witnesses already filed on record before this Hon’ble Court in order to bring the record of the judicial file of the cases before this Hon’ble Court for just and proper decision of the case.

4.                 That the Applicant / Respondents no.2 wants to summons the following witnesses along with record of the judicial file of the cases before this Hon’ble Court for just and proper decision of the case and to prove the case in defense of the Respondent no.2 and 3;-

i.       Call the record of concerned court of Ld. ADJ, XXX Dist. Karkardooma Court, Delhi in Civil Suit No.XXX/20XX titled as “ XXXXX & Anr. Vs XXXXX & Anr”.

ii.     Call the record of concerned court of Ld. ADJ, XXX Dist. Karkardooma Court, Delhi in Civil Suit No.XX/20XX titled as “XXXXX XXX Vs XXXXX XXXXX & Anr.

iii.  Call the record of concerned court of Ld. ADJ, XXX Dist. Karkardooma Court, Delhi in RCA No.XXX /20XX titled as “XXXXX XXXX  Vs XXXX XXXXX & Anr.

iv.   Call the record of concerned court of Hon’ble High Court of Delhi in CS(OS) No.XXX/20XX.

5.                 That it is very important and necessary to summon the above witnesses to bring the record of the judicial file of the cases for proving the case of the Respondents no.2 and 3, which is necessary for just and proper decision of the case and in the interest of justice, coupled with the facts as submitted above this Hon’ble Court may be allowed.

6.                 It is submitted that the aforesaid witnesses are necessary to summon the present case and no prejudice would be caused to the Petitioner if the present application is being allowed by this Hon’ble Court. 

7.                 The diet money will be paid on the spot or as per direction of this Hon’ble Court.

PRAYER

It is most respectfully prayed that this Hon’ble Court may kindly be pleased to allow the present application and may summon the witnesses mentioned in para 4 above along with record, in the interest of justice.

Pass such further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and may pass in favor of the Applicant, in the interest of justice.

It is prayed accordingly.

                                                          RESPONDENT NO.2 & 3

DELHI                          THROUGH

DATED                                 

ADVOCATE

IN THE COURT OF SH.XXXXXX ; LD. ADJ; SHAHADRA DIST., KARKARDOOMA COURTS, DELHI.

P.C. NO. XXX OF 20XX.

IN THE MATTER OF :-

XXXX XXXXXX                                                 : PETITIONER

VERSUS

THE STATE (NCT OF DELHI) & ORS.           : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. ___________s/o Late Sh________________, aged about ___ years, R/o__________________________., do hereby solemnly affirm and declare as under:

1.       That I am the respondent no.2 in the above noted matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.

2.       That the contents of the accompanying application have been drafted by my counsel as per my instructions and the contents of the same have been duly read over and understood by my vernacular language and after fully understanding the contents of the therein are all true and correct to my knowledge.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ___ day of November, 2024, that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT