An application under Order 19 Rule 2 of Code of Civil Procedure, 1908

 

District- South 24 Parganas

IN THE 2^ND COURT OF CIVIL JUDGE ( JUNIOR DIVISION),

BARUIPUR, SOUTH 24 PARGANAS

 

TITLE SUIT No- 261  of 2011.

 

SMT. SHANTI LATA RUDRA                               Wife of Nitai Rudra of Barhansfartabad, P.S.- Sonarpur, District- South 24 Parganas                                   

       ……PLAINTIFF

                 -VERSUS-

                                                     SRI DULAL CHANDRA NASKAR &    

OTHERS

                                                                                    …..DEFENDANTS

 

An application under Order 19 Rule 2 of Code of Civil Procedure, 1908

 

The humble petition on behalf of the Defendant No- 1 Sri Dulal Chandra Naskar,  most respectfully

S H E W E T H :-

 

1.      That your petitioner has been served with a copy of the instant plaint affirmed and verified by the Plaintiff along with an application Under Order 39 Rule 1 and 2 read with section 151 of the Code of Civil Procedure  affirmed by the Plaintiff without the copy of the documents which have been relied upon and filed before the learned Court by the plaintiff.

 

2.      That  at filing Written Statement and Written Objection against the Plaint and the application Under Order 39 Rule 1 and 2 read with section 151 of the Code of Civil Procedure, your petitioner files this application because the plaintiff is either a fictitious person or some unscrupulous persons are behind her to grab the property of the Defendant by producing forged and overlapped  documents which have been filed in court to mislead the learned court and the said deponent has been identified by the learned Advocate.

 

3.      It appears from the plaint as well as from the injunction application that the plaintiff Smt. Shanti Lata Rudra purchased the alleged land as mentioned in the schedule on 8^th day of May 1953 from one alleged Phanindra Lal Bhattacharjee wherefrom it appears that the said Shantilata Rudra was a major lady on that date of purchase.

 

4.      Your petitioner states that it appears from the affidavit of the plaint as well as injunction application the age of the deponent/Plaintiff has been mentioned as  58 years and is residing at Barhans Fartabad, P.S.- Sonarpur, District- 24 Parganas and the deponent  has been identified by the learned Advocate.

 

5.      It transpires that from the date of alleged purchased by the plaintiff from alleged Phanindra Lal Bhattacharjee on 08-05-1953 to till November 2011 the age of the plaintiff should be 59 years 6 months but the age as mentioned in the affidavit is 58 years  and on that date of alleged purchased  the plaintiff was in the womb of her mother then how the plaintiff purchased the alleged property from the said alleged Phanindra Lal Bhattacharjee on 08-05-1953.

 

6.      Your petitioner states and submits that the plaintiff is either a fictitious person or some unscrupulous persons are behind her to grab the property of the Defendant by producing forged and overlapped documents which have been filed in court to mislead the learned court and the said person has been identified by the learned Advocate. As such it is necessary to cross examine the deponent at the witness Box to ascertain her identity and to produce the original documents so as to ascertain the authenticity of the documents.

 

7.      That unless the order as prayed for is passed your petitioners will suffer irreparable loss and injury.

 

8.      This application is made bona fide and for the ends of justice.

 

 

It is therefore prayed that your Honour would graciously be pleased to pass an order for attendance of the deponent Shantilata Rudra with her identity proof and original documents which has been relied upon by her for Cross Examination in the witness Box and to ascertain the authenticity of the said documents and  pass such further order or order as your Honour may deem fit and proper for the ends of justice.

 

And for act of kindness your petitioner as in duty bound shall ever pray.

 

 

 

AF F I D A V I T

 

 

I, Sri Dulal Chandra Naskar, Son of Late Lalit Mohan Naskar, aged about _______ years, by faith Hindu, by Occupation – Business, residing at Village – Tegharia, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas, do hereby affirm and say as follows :- 

 

1.                  That I am the defendant No-1  of the instant case and I do hereby affirm and say that I am fully conversant with the facts and circumstances of the case and I am competent to  swear this affidavit .

 

2.                  That the statement made in the foregoing paragraph No- 1 to  5 have been derived from the record and verily believe to be true  to the best of my knowledge and the statement made in the rest of the paragraphs and the prayer are my humble submission before the learned Court.

 

 

 

        Deponent

Prepared in my office                                                 Identified by me

 

Advocate                                                                        Advocate

 

 

 

N O T A R Y