APPLICATION FOR DISCOVERY OF DOCUMENTS ON BEHALF OF PLANTIFF UNDER ORDER X1 RULE 12, 14 & 16

 

 

 

 

IN THE COURT OF SH. ____________, ADDITIONAL DISTRICT JUDGE, ___________, DELHI

 

IN RE:

 

INDERMOHAN JEET SINGH SARNA                                                     …PLAINTIFF

 

VERSUS

ARORA MOTORS & ORS.                                                                          …DEFENDANT

 

 

N.D.O.H. – 27.04.2010

 

APPLICATION FOR DISCOVERY OF DOCUMENTS ON BEHALF OF PLANTIFF UNDER ORDER X1 RULE 12, 14 & 16

 

 

MOST RESPCETFULLY SHOWETH:-

 

 

1.                  That the aforesaid suit is pending before this Hon’ble Court and is fixed for today for filing of Written Statement by the defendant.

 

2.                  That the defendant No. 1 is a dealer who carriers on his business under the name and style of M/s Arora Motors and inter-alia engaged in sale and purchase of autorickshaw particularly sale of old and second hand autorickshaw on finance basis by executing Hypothecation agreement.

 

3.                  That the plaintiff has filed above noted suit for mandatory as well as permanent injunction. For further details of the facts, the plaintiff’s petition may kindly be perused.

 

4.                  That it is alleged in the application filed by the defendant that he had executed the agreement and had Hypothecated the said vehicle of the plaintiff in question and that he had financed the said vehicle as a financer, is solely based/relied upon the original documents and the records or the certificates or the License, which are in the possession of the defendant and the license were issued to him by the appropriate competent government authority to carry on his business and trade and to conduct such financial activities, which is in the possession of the defendant No. 1.

 

 

5.                  That the same have not been produced by the defendant No. 1 to the plaintiff, till date, despite repeated requests and reminders made by the plaintiff.

 

6.                  That in order to discover the truth it is necessary to call for the record such as original receipt book and the statement of account showing the entries regarding the receipt of the said payments made by the plaintiff and the person who had received and issued the receipts by signing, which will show that the plaintiff had been regular in making payments and had acted in good faith in making the payment towards the vehicle bearing No. DL1R K4631 in question.

 

7.                  That the aforesaid documents will advance the case of the plaintiff and demolish the false stand taken by the defendants who wants to extort money by such false devices.

 

8.                  That in the absence of the above mentioned documents and records it is very difficult for the plaintiff to prove his case and to recognize the defendant No. 1 as real financer, who  manages and carry on their day to day activities and such records and documents are necessary for just and fair disposal of the suit.

 

It is therefore prayed that this Hon’ble Court may kindly be pleased to DH to appear and make discovery on oath and produce the following documents :-

 

a.       The sale letter duly attested by Notary Public executed between the defendant No. 1 & 2.

b.      Original Receipt Book containing the series of receipt issued to the plaintiff.

c.       Statement of account showing the entry regarding receipt issued to the plaintiff and the person who has received and signed the reciepts.

d.      Original loan cum hypothecation agreement alongwith all the annexures and schedules.

e.       The license/certificate issued by the competent government authorities for carrying out trade and business of Private financing as financer.

 

PRAYER

 

It is therefore most respectfully prayed to this Hon’ble Court, that the defendant may kindly be directed to produce the documents which are in his possession and are related to the matter in question.

Or

 

Pass such other order may be deemed just.

 

APPLICANT

 

                                                THROUGH

 DELHI

DATED :                                                                                                                    COUNSEL

 

 

IN THE COURT OF SH. VIRENDER BHATT, ADDITIONAL DISTRICT JUDGE, TIS HAZARI COURTS, DELHI

 

IN RE:

 

INDERMOHAN JEET SINGH SARNA                                                     …PLAINTIFF

 

VERSUS

ARORA MOTORS & ORS.                                                                          …DEFENDANT

 

 

A F F I D A V I T

 

 

I,  ____________________ New Delhi – 110017, do hereby solemnly affirm and state as under:-

 

1.      That I am the applicant in the above mentioned case and is well aware and conversant with the facts of the present suit/ application and hence competent to swear this affidavit. The contents of the accompanying application be read as part and parcel of this affidavit and have not been repeated here for the sake of brevity.

 

2.      That I have filed the accompanying application under Order XI Rule 12, 14 & 16 read with Section 151 CPC which has been drafted by my counsel at my instance and under my instructions.  The contents of which are explained to and understood by me in vernacular and the same  are correct.

 

3.      That the facts stated and averments made in the said accompanying application which are true to my knowledge, may be treated as part of this affidavit and the same are not being set out herein for the sake of brevity and to avoid repetitious narration.

 

 

 

 

DEPONENT

  VERIFICATION:

 

Verified at Delhi on solemn affirmation on this     day of April, 2010 that the contents of my above affidavit true and correct to my knowledge and nothing has been concealed therefrom.

 

                                                                                                                                   

 

 

DEPONENT