Precedent No.10
AFFIDAVIT:
FOR SETTING ASIDE AN ORDER DECLARING
DEFENDANT EX PARTE[CD1]
BEFORE THE II ADDL
CIVIL COURT, of 20
Miscellaneous Application No. of 20
In Original
Suit No
Applicant/Defendant:
Respondent/Plaintiff:
Vs.
AFFIDAVIT
I……………………, ................ , S/o ................. , aged , residing in ………………..
................... , do hereby solemnly affirm and state as follows:—
1. That
I say, that I am the defendant in the above suit and the applicant
in the application. I am well conversant with the facts
and circumstances of the case and
stand competent to swear to this affidavit.
2. That
I say, that the aforementioned suit is for the recovery
of an amount of Rs
………………..,
allegedly due to the respondent-plaintiff from me, for taking up the construction work of
the applicant's official premises bearing No……
3. That
I say, that notice in the suit was not duly served
on me. I happen to be a tenant
in the first-floor of the
house property bearing
No............... The said premises is the abode
of two more tenants.
The notice was in fact
served on my neighbour residing on the ground-floor of the same premises. The said neighbour did not care to inform me
about any such service of notice and
it was only on enquiry that I came to know that the address was wrongly given into the Process Memo of the summons by the respondent-plaintiff and therefore the notice was returned unserved
earlier. Therefore, there
was no due or proper
service of notice on the applicant.
4. That
I say, that it was only from one of my employees, who happened to have a case before
this Hon'ble Court last week,
that I came to know about the filing of the suit and the declaration of the applicant ex parte by this Hon'ble Court,
not having appeared
before this Hon'ble
Court inspite of the alleged
service of notice.
This has caused
great inconvenience and hardship to me. I further came to
know that this Hon'ble
Court had posted
the case to .... for plaintiff's evidence. If evidence
is taken ex parte
and the suit decreed by
this Hon'ble Court, it will cause irreparable loss, injury and hardship
to me.
5. That
I say, that I have got very serious contentions in the suit and have records to show that all amounts
due to the respondent-plaintiff towards
the aforementioned construction have been fully
paid
against proper receipts
issued by him and there is no amount due from, and payable by me.
6. That I say, that the case has not
reached the trial stage. Even the issues have not been framed. The respondent-plaintiff will not therefore in any
way be prejudicially affected by
setting aside the ex parte order. 7.
It is therefore, just and necessary that this
Hon'ble Court may be pleased to set
aside the order dated passed by declaring the
applicant ex parte and
to allow me to contest the suit by filing the written statement. It is also necessary that this Hon'ble
Court may be pleased not to go ahead with the trial of the suit on the
namely the next date of
hearing.
Sd./
Deponent.
Verification
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.
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