77. APPLICATION UNDER ORDER 11, RULE 12 CPC[CD1]
IN THE COURT OF ........
Suit No. .......................... of
200
In the Matter of:
AB..................................................................Plaintiff
versus
CD ...........................................................
Defendant
Most
Respectfully Showeth:
1. That the present suit has been
filed by the applicant-plaintiff for redemption of the mortgaged property
registered under mortgage deed dated…………….The certified copy of the aforesaid
mortgage deed is annexed hereto and marked as Annexure ......
2. That it is submitted that the
factum of mortgage has been denied by the defendant.
3. That the original mortgage relates
to matters concerning the present suit. It is therefore expedient in the ends
of justice and for the purpose of disposal of the case that this Hon'ble Court
may direct defendant to make discovery on oath of the documents that is original
deed which is in his possession and power.
PRAYER
It
is therefore most respectfully prayed that the defendant may be ordered us this
Hon'ble Court to make disclosure on oath of the documents referred application
which is in his possession and power and which pertains to the man in question
in the suit.
It
is prayed accordingly
Applicant Through Advocate
Place:
...............
Dated:…………..
78. AFFIDAVIT.[CD2]
IN
THE COURT OF……………..
Suit No. ....................../200
In
the matter of
АВ........................................................................
Plaintiff/Petitioner
versus
CD
.............................................................
Defendant/Respondent
AFFIDAVIT
I.....
resident of ..................... do hereby solemnly affirm and declare as
under:
1.
That I am the ... .. in this case and hence competent to swear this affidavit.
2.
That the contents of the accompanying application are true and correct.
DEPONENT
Verified at.................. on this
............................day of .............................. that the
contents of the above affidavit are true and my knowledge.
DEPONENT
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