Thursday, March 30, 2023

Petition under section 151 of Civil Procedure Code 1908 / CPC / Civil Suit / Suit

 

 

District : South 24 Parganas

In the Court of the Learned 4th Civil Judge ( Senior Division ) at Alipore, South 24 Parganas.

 

                                                                        Money Suit no. 29 of 2019

                                                                        { Sl. I/19 }

 

                                                                        In the matter of :

                                                                        Hsieh Sui Ying & another

                                                                                                ___________Plaintiffs

-          Versus –

 

M/s. S.K.S. Developer

                        __________Defendant

 

An application under Section 151 of the Civil Procedure Code’ 1908

 

The humble petition of the above named Defendant, most respectfully;

Sheweth as under :

 

1.      That the Defendant on receipt of the Summons served by the Learned Court, appeared in the present Civil proceeding, before the Learned Court by filling Vakalatnama, through his Learned Advocate.

 

2.      That the Defendant beg to states that the Defendant is in receipt of the copy of Plaint only, with the Summons of the Learned Court and the defendant did not find any copy of the Documents and or papers with the said plaint, more particularly the document and or paper upon which the plaintiffs relied upon in the present civil suit proceeding, therefore the defendant seeks to get a copy of those particular document and or papers on which plaintiffs sought to claim relief in the present civil suit proceeding before the Learned Court.

 

3.      That in view of such facts that no copy of any document and or papers has ever been served by the plaintiff upon the defendant, the defendant reasonably seeks to get such those copy of document and or papers from the plaintiffs, as to enable himself to put reasonable comments thereof, in the present civil suit proceeding, in the interest of administration of justice.

 

4.      That unless the Learned Court direct the plaintiffs to serve copy of the document/s and or paper/s upon which the plaintiff relied on, in the present civil suit proceeding, to the defendant, the defendant will highly prejudice and suffer with irreparable loss and injury, thereof.

 

5.      That the balance of convenience and inconveniences are in favour of the defendant, and the plaintiffs will not prejudice.

 

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

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to direct the plaintiffs to serve copy of the document/s and or paper/s upon which the plaintiff relied on, in the present civil suit proceeding, to the defendant, in the interest of administration of justice, and or to pass such other necessary order or orders 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 Sujit Saha, being the Plaintiff herein, made this application. I am conversant and acquainted with the material facts as stated in the foregoing paragraph of my application, and I verify and Sign this application as on ______________2019, at Alipore Judges Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

 

I, Shri Sujit Saha, of M/s. S.K.S. Developers, a proprietorship firm, having its office at E-185, Ramgarh, Ramkrishna Apartment, Ground Floor, Post Office – Naktala, Police Station – Netaji Nagar, Kolkata – 700 047, District – South 24 Parganas, respresented by its Sole proprietor Sri Sujit Saha, Son of Late Amar Chand Saha, aged about _____years, by faith Hindu, by Occupation Business, residing at premises being no. 521, Peyara Bagan, Post Office – Laskarpur, Police Station – Sonarpur, Kolkata – 700 153, District South 24 Parganas, do hereby solemnly, affirm and says as follows :

 

1.   That I being the defendant in the present civil proceeding, before the Learned Court, competent to swear this affidavit.

2.   That I am acquainted and conversant with the material facts, as stated in the foregoing paragraph of this application.

3.   That the content of paragraph nos. _______ to ______ are true to my knowledge and belief, and the rests are my humble submissions before the Learned Court.

 

That the above statements are true to the best of my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber,

 

 

Advocate

Date : _______________2019

Place : Alipore Judges’ Court

 

N O T A R Y

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