application under Order 1 Rule 8 of the Civil Procedure Code

 

District north 24 Parganas

In the Court of Ld. 2^nd Civil Judge (Jr. Divn.) at Barasat

T.S.           /2012

Parimal Bhowmick and others

                                    ……………Plaintiffs

                   -VS-

Kanulal Bhowmick and another

                                    ……………Defendants

An application u/o 1 rule 8 of C.P.C. for permission to file suit in representative one on behalf of the plaintiff

Most Respectfully Sheweth,

1.      That land measuring 27 decimals under R.S. Khatian no. 10 of Dag no. 381 of Mauza – Kajla , J.L. no. 29, P.S. Ashokenagar, District – North 24 Parganas, classified as oath for all persons/citizens, which is the suit property.

 

2.      That the defendant is trying to make construction over the suit property which has been using as path since long, by the adjacent land owners, who are continuously using the aforesaid property as their path for ingress and egress towards their own respective land.

 

3.      That the defendant has no iota of Right, title and interest over the suit property and the trying to make construction illegally over the suit property. And the defendant could not be restrained without the order of the Ld. Court, thus the plaintiff compelled to file a suit for declaration and injunction with the prior permission of this Ld. Court. As the suit is to be filed under order 1 Rule 8, C.P.C.

 

Hence it is prayed that tour hounor would graciously be pleased to pass an order for granting leave to file a suit under order 1 Rule 8, C.P.C., in favour of the present plaintiff and to pass any other order/orders as your hounor may deem fit and proper.

 

 

 

 

 

 

Affidavit

I, Parimal Bhowmick, S/O Late Brajaballab Bhowmick aged about 44 years by faith hindu, by occupation cultivation, Residents of Vill. Kajla, P.O. Putia, P.S. Ashokenagar, District – North 24 Parganas, do hereby solemnly affirm as follows:-

1.    That I am the defendant no.1 and well conversant of the fact of the suit

…………..This is true to my Knowledge.

2.    That all the statements made in the above paras are true to best of my knowledge and I sign this affidavit in the Barasat court premises on ____________.

 

 

 

Deponent,

Identified by me

 

 

Advocate