IN THE COURT OF xx; LD. ADJ;

xx; DELHI.

CIVIL SUIT NO. xxx OF 2017.

IN THE MATTER OF :-

XXX                                                               : PLAINTIFF

VERSUS

XXX                                                          : DEFENDANT

APPLICATION / OBJECTION ON BEHALF OF THE PLAINTIFF UNDER SECTION 151 CPC TO DISALLOW AND NOT TAKEN ON RECORD THE AFFIDAVIT OF DEFENDANT’S WITNESS NAMELY XXX.

MOST RESPECTFULLY SHOWETH:-

1.                  That the aforesaid suit is pending before this Hon’ble Court and now fixed for remaining defendant’s evidence on 30.08.2018.

2.                 It is submitted that the defendant has been cross examined and discharged on the last date of hearing……… and the defendant further sought the permission to examine the other witnesses in the present matter.

3.                 It is further submitted that the defendant had not filed the list of witnesses within the period of 15 days after framing of issues and the later on the list of witness was filed by the defendant.

4.                It is further submitted that the defendant nowhere cited the name of the witness namely Xxx in his list of witnesses and for that purpose so far defendant has not file any application to seek the permission to file the affidavit of said witness namely Xxx. In the absence of any permission not sought by the defendant from this Hon’ble Court the affidavit of witness cannot be taken on record.

5.                 It is submitted that the defendant sent an advance copy of the affidavit of witness namely Xxx but so far not sought any permission from the court about the deposition of this witness namely Xxx.

6.                It is further submitted that otherwise the witness namely Xxx cannot be allowed to depose by way of this affidavit as he is trying to fill the lacuna at this stage which could not be covered by the defendant namely Xxx as the Xxx in his affidavit or in plaint nowhere stated about the any role of witness namely Xxx and the present affidavit is totally pleaded with the pleadings going beyond the facts of the case, therefore the witness namely Xxx cannot be treated creditable one.

7.                 It is further submitted that after going through the contents of the affidavit of witness namely Xxx it is very much clear and evident that he is mentioning the facts of during the proceedings of the matter nor the factual matrix of the plaint.

8.                It is further submitted that the defendant in his written statement nowhere whispered a single word about this witness or role of this witness in the present matter therefore the present affidavit cannot be taken on record and same may kindly be discard by the court.

9.                It is further submitted that para 9 of the affidavit of the defendant’s witness namely Xxx read as under:-

“9.     The deponent further states that there is only one entrance / one door to the office of the defendant and there is no other / secret door towards the same as it is a small office.”

10.            That the present witness cannot be allowed to put his steps in the shoes of the defendant as the present witness is trying to depose by way of this affidavit same verbatim of the defendant.

11.              It is further submitted that the witness namely Xxx has no worth in respect of present matter as the defendant shown him as a accountant of his firm during his cross examination and apart from this the defendant nowhere mentioned to bring the this witness before this Hon’ble Court, therefore testimony of this witness namely Xxx cannot be relied by this Court and same is liable to be rejected by this Hon’ble Court.

PRAYER:-

In view of the submission as made above, it is therefore most respectfully prayed that the affidavit of the defendant’s witness namely Xxx may kindly be rejected and his testimony cannot be relied by this Hon’ble Court as no purpose would be served by deposing this witness before this Hon’ble Court, in the interest of justice.

DELHI                                                                        PLAINTIFF

THROUGH

DATED:-

xx

ADVOCATE

xx.