application for acceptance of written statement in civil suit proceeding

 

 

District : South 24 Parganas.

 

In the Court of the Learned 2^nd Civil Judge ( Junior Division ),

At Baruipur, South 24 Parganas.

 

                                                          Title Suit no. 261 of 2011.

 

                                                          Smt. Shantilata Rudra

                                                                                      _______Plaintiff.

-      Versus –

Shri Dulal Chandra Naskar & Ors.

____Defendants.

 

Petition under Section 151 of Civil Procedure Code’ 1908, for acceptance of  Written Statement filed by the Defendant no.1, Shri Dulal Chandra Naskar.

 

The humble petition of the above named defendant no. 1, Shri Dulal Chandra Naskar, most respectfully;

 

Sheweth:

 

1.                  Your petitioner states  that the  family member of the Defendant received the Summons issued by the Learned Court but did not disclosed the same to your petitioner about the said summons and did not know about the fate of the same as such the defendant had no knowledge of the Suit.

 

2.                  That in the last week of June  2012, your petitioner  have been placed the said summon by  one of the members of his family when your petitioner came to learn about the above referred Suit and thereafter on bare reading of the plaint and injunction petition, the defendant had taken endeavor to verify the truthness of the facts as stated in the plaint and applied for taking information about the Title Suit 211 of 1960 and applied for obtaining the Certified copy  of the said suit. Your petitioner finally obtained the said certified copy of the order wherefrom it shows that one  Bipin Behari Halder being referred to as Plaintiff who filed the said suit against Sri Sarat Chandra Mondal and 4 others being referred to as Defendants and the said Suit finally decided as on 24-05-1962, as Defunct with cost.

 

3.                  That in the month of July  2012 and  onward the defendant tried to get the certified copy of Deed of Sale dated 08-05-1953 referred by the plaintiff which was alleged to have been purchased by the plaintiff and referred in the instant suit as the suit property and alleged to have been purchased from one Phanindra Lal Bhattacharjee and the same had been alleged to have been registered in the Office of the District Registration at Alipore, South 24 Parganas . Your petitioner made a through search about the said alleged Deed of Sale in the said Registration office but  did not get such type of registered Sale Deed alleged to have been made in favour of the Plaintiff.

 

4.                  Thereafter your petitioner visited the address of the plaintiff as given in the cause title of the plaint but did not get any such person in the name of plaintiff and on local inspection in the vicinity, the defendant came to know that no one in the name of Shanti Lata Rudra had ever been resided there.

 

5.                  That apart your petitioner  is a businessman and was engaged in his business activities as such your petitioner could not contact his Learned Advocate on time to file Written Statement, though such delayed under the above mentioned facts and circumstances, was beyond the control of the defendant, and was not intentional in any manner, whatsoever.

 

6.                  That the defendant placed his un conditional apology before the Learned Court, for such delay in  filing of his Written Statement in time  in the above referred Suit.

 

7.                  Your petitioner filed the Written Statement in the instant  Suit along with this application for proper adjudication of the case which should be  accepted by the Learned Court  for  the interest of administration of fair justice.

 

8.                  Your petitioner submits that unless the Written Statement is accepted, your petitioner will suffer irreparable loss and injury.

 

9.                  That this application is made bonafide in the interest of administration of fare justice.

 

 

 

 

 

 

It is therefore prayed that your Honour would be graciously pleased to allow this application  for acceptance of the  Written Statement filed by the defendant no.1, Shri Dulal Chandra Naskar, in the above referred Suit and/or pass such other necessary order or orders for acceptance of the  Written Statement  as your Honour may deem, fit, and proper, for the end of justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

Verification

 

I, Shri Dulal Chandra Naskar, being the Defendant no.1, in the above referred Suit, made the application under Section 151 of the Civil Procedure Code’ 1908, for the acceptance of Written Statement, in the above referred Suit. I am conversant with the material facts as stated in the forgoing paragraphs of this application. I duly verify this application as on ___________2013, at Kolkata.

 

 

 

Dulal Chandra Naskar

 

 

AFFIDAVIT

 

 

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 solemnly affirm and say  as  follows :-

 

1.      That I am the defendant no.1, in the above Suit / case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

 

2.                  I say that the foregoing statement made in paragraphs ________to _______ are true to the best of my knowledge and the rest are my humble submission before the learned Court.

 

 

 

 

                                                                      Deponent

Prepared in my office                                     Identified by me

 

                  Advocate                                         Advocate  

 

 

 

 

N O T A R Y