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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