AFFIDAVIT:
IN A CIVIL REVISION PETITION - SEEKING
STAY[CD1]
BEFORE THE HIGH COURT OF...........................................
Civil Miscellaneous Petition
No ......................of, 20 ...........
In
Civil Revision Petition No .................. of.......................
Petitioner:
Vs.
Respondent:
AFFIDAVIT of ................................... D/o ......................... , aged years,
now residing
in .........……………………..
The deponent
named above hereby solemnly affirms
and states as follows:—
1. The deponent
is the petitioner in the Civil Miscellaneous Petition and the Civil Revision Petition
referred to above. The deponent
herein is well acquainted with the facts and circumstances of the case and being so, stands fully competent
to swear to this affidavit.
The deponent herein
will be referred to as the petitioner hereinafter.
2 It is respectfully submitted that the maintainability of the appeal referred
to above was questioned by the petitioner vide I.A.
No before
the
district Court on a preliminary ground. The said Court dismissed the said application by its order
datedaggrieved by which the abovementioned Revision
Petition has been filed by the petitioner.
3. For
the sake of brevity, the contents of the Memorandum of Civil Revision Petition
may be read as part
of this affidavit.
4.
It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by
this Hon'ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable.
5. In view of the aforementioned circumstances, it is clear that if without hearing
the maintainability of the appeal, the same is allowed to be proceeded
with and heard on merits, the petitioner will suffer irreparable loss and injury.
6. It
is, therefore, in the interest of justice, equity and conscience that this
Hon'ble Court may stay all further proceedings in the aforesaid
appeal until the accompanying Civil Revision Petition is finally disposed of.
Sd./
Deponent.
Verified at................................. on.................... this the day
of ......................., 20 , that the contents
of the above affidavit are true and
correct to the best of my knowledge, belief and information and nothing material
has been concealed therefrom.
Sd./ Deponent.
Solemnly affirmed
and signed before me by the deponent,
who is personally known to
me, on this the ...........................day of.............. , 20 .................
Sd./
Counsel for the deponent.
Note:
Affidavit to be attested by the appropriate authority prescribed under law.
Prayer may be avoided
from affidavits and only facts
be stated therein.
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