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 COURT OF
LD. DISTRICT JUDGE; DIST. WEST;
TIS HAZARI COURTS,
DELHI.
CIVIL SUIT NO. _____
OF 2022.
IN
THE MATTER OF:-
XXXXX : PLAINTIFF
VERSUS
XXXXX :
DEFENDANT
EVIDENCE
BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)
Affidavit of XXXX
D/o XXXX W/o XXXX R/o XXXX, 2nd Floor, XXXXX, New Delhi-1100**,
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.6,26,050/-(Rupees Six Lakh Twenty Six Thousand and Fifty
only along with interest) for the amount paid by her to the defendant during
the financial hardship faced by defendant.
3.
I state further that the
Deponent and defendant were having cordial relations and Deponent being the
elder sister used to help her brother as defendant was not having stable source
of income and earnings.
4.
I state further that the
financial condition of defendant was not stable as he was out of job and he
requested Deponent for financial help to meet out his day to day expenses.
5.
I state further that the
Deponent being the elder sister and was having affection towards her brother
and his family members including his two children helped defendant.
6.
I state further that by
taking the advantage of the kind nature of Deponent the defendant kept on
asking loan/money on regular basis and every time defendant had an excuse which
included household expenses, school fee of children of defendant and other
miscellaneous expenses. In furtherance of the loan amount received by the
defendant used to promise and assured Deponent that he shall refund the loan
amount at the earliest and the Deponent believed upon the assurances of the
defendant and never ever doubted the intention of the defendant.
7.
I state further that the
entire loan amount is being transferred from the XXXX Bank account of Deponent bearing
No. XXXXX at XXXX and XXXX at East Patel Nagar, New Delhi. Detailed bank
statement Deponent reflecting the details of loan amount transferred to the
defendant on several dated starting from 10.01.2019 till 04.01.2022. Copy of XXXX bank statement of plaintiff
A/c.No.XXXX from 01.01.2018 till 31.01.2022 is Ex.PW1/1. Copy of XXXX
bank statement of plaintiff A/c No. XXXX from 10.01.2019 till 31.01.2022 is Ex.PW1/2.
8.
I state further that the
mother of parties to the present suit passed away on 18/01/2022 and since then
the defendant refrained from talking to the Deponent about returning the loan
and on 09.02.2022 flatly refused to refund the loan amount received by him and
also refused to talk with the Deponent and even didn’t bother to reply back her
the messages and calls. That with the sudden change of behavior and attitude of
defendant, Deponent realized the malafide intention of defendant to gulp loan
amount of Rs.6,26,050/- received by him on several dates as per the annexed
bank statement of the Deponent.
9.
I state further that the
Deponent also tried to contact defendant personally on 10.02.2022 at West Patel
Nagar but defendant neither bother to talk to the Deponent and also remained
tightlipped regarding refund of the loan amount received by him.
10.
I state further that the
Deponent after waiting for considerable period and keeping in view the past
cordial relation between the parties gave sufficient opportunity to the
defendant to refund the loan amount but the defendant has grossly misused the
generosity of Deponent and kept on delaying the payment on one pretext or the
other and now Deponent is not willing to delay the recovery of loan amount any
further and hence is filing the present suit.
11.
I state further that the
plaintiff sent the legal notice dated
03.06.2022 for Recovery of Rs.6,26,050/- by regd. Post and email to the defendant.
On 01.07.2022 the defendant send a frivolous reply to the legal notice. Copy of Notice dated 03.06.2022 for Recovery of
Rs.6,26,050/- along with original postal receipt and email are Ex.PW1/3(colly).
Copy of Reply of Legal Notice dated
01.07.2022 sent by the Defendant is Ex.PW1/4.
12.
I state further that the
defendant was disinherited by the late mother of parties to the preset suit
vide News paper publication dated 03.07.2014 as he never respected her. Copy of
News paper Publication disinheriting
defendant dated 03.07.2014 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.
DEPONENT
VERIFICATION:-
Verified at New Delhi on ___ day of November, 2023
that the contents of paras 1 to 17 of my above evidence affidavit are true and
correct to the best of my knowledge and belief and nothing has been concealed
there from.
DEPONENT
IN THE COURT OF
LD. DISTRICT JUDGE; DIST. WEST;
TIS HAZARI COURTS,
DELHI.
CIVIL SUIT NO. _____
OF 2022.
IN
THE MATTER OF:-
XXXXX : PLAINTIFF
VERSUS
XXXXX :
DEFENDANT
LIST OF
WITNESSES
1.
Plaintiff herself
2.
Concerned official
of the Bank of Plaintiff’s Bank.
3.
Concerned official of the
Bank of Defendant’s Bank.
4.
Concerned officials of
the Postal Department.
5.
Any other witnesses who
may be sought to be summoned.
-----------------------------------------------------------------------------------
XXXXX
ADVOCATE
XXXXX
Tis Hazari Courts,
Delhi-1100**
Mob. No.XXXXX
Email:
XXXXX
