IN THE COURT OF LD. DISTRICT JUDGE; DIST. WEST;

TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2022.

IN THE MATTER OF:-

__________________________ : PLAINTIFF

VERSUS

____________________ : DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

Affidavit of Mrs. _________ D/o Late _____________ W/o __________ R/o _____________, New Delhi-110008., 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.________/-(_______________) 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 HDFC Bank account of Deponent bearing No. ____________ at ____ and __________at _______, New Delhi. Detailed bank statement Deponent reflecting the details of loan amount transferred to the defendant on several dated starting from ________ till __________. Copy of HDFC bank statement of plaintiff A/c.No._______ from __________ till ________ is Ex.PW1/1. Copy of HDFC bank statement of plaintiff A/c.No._____________ from _______ till ______ is Ex.PW1/2.

8. I state further that the mother of parties to the present suit passed away on __________ and since then the defendant refrained from talking to the Deponent about returning the loan and on ________ 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.__________/- 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 _______ at _______ 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 _______ for Recovery of Rs_______/- by regd. Post and email to the defendant. On ___________ the defendant send a frivolous reply to the legal notice. Copy of Notice dated _____ for Recovery of Rs.________/- along with original postal receipt and email are Ex.PW1/3(colly). Copy of Reply of Legal Notice dated ______ 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 __________ as he never respected her. Copy of News paper Publication disinheriting defendant dated ______ 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:-

____________ : PLAINTIFF

VERSUS

___________ : 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.