In the Court
of the Learned 5th Civil Judge (Junior Division) at Alipore,
South
24 Parganas
Ref:-
Title Suit No. 1606 of 2024
In the matter of;
Sri Rajkumar Gupta
......Plaintiff
-Versus-
Sri Shambhu Singh,
and Others
.....Defendants
Petition
under Section 151 C.P.C.
For
copy of the relied on document by the Plaintiff
The
humble petition on behalf of the above named defendant no. 1, Shambhu Singh, most
respectfully;
Sheweth
as under;
- That
the defendant no.1 is in knowledge of the summons issued by the Learned Court
in the above referred suit. The said summons was only with the Photostat
copy of the Plaint; But the same have not ever been with the copy of the
documents relied on by the plaintiff. Therefore in absence of those
documents, the defendant no. 1 is not able to put his comments, so far.
- That
the Plaintiff relies on are filed in a separate firisti along with the
plaint and such documents are in possession and /or power in support of
the Plaintiff’s claim; But those documents has never been served on the
defendant no. 1.
- That
it is also pertinent to states that what are the documents, the plaintiff
relied on to put such claim on the defendant no. 1 has not ever been
disclosed and /or stated anywhere in the statements of the plaint placed
before the Learned Court. The statements about the documents relied on by
the plaintiff is totally absent in the plaint.
- That
in the given facts, as stated herein above, the defendant no.1 seeks to
get a copy of the documents relied on by the plaintiff, as to able himself
to put his comments, if any by way of additional written statements in the
present suit, in the interest of administration of Justice.
- That
unless the Learned Court direct the plaintiff to serve a copy of the documents
relied on by the plaintiff to the defendant no. 1, the defendant no.1 will
highly prejudice and suffer with irreparable loss and injury thereof.
- That
the preponderance of the balance of convenience and inconveniences are in
favour of the defendant no.1 and the plaintiff will not prejudice.
- That
this application is made bonafide and in the interest of administration of
justice.
It is therefore prayed that your Honour
would graciously be pleased to direct the Plaintiff to serve a copy of the Documents
relied on by the plaintiff to the defendant no.1, and to give opportunity to
the defendant no.1 to put his comments on those relied on documents of the
plaintiff by way of submitting his additional written statement in the present
suit, 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,
Sambhu Singh, being the defendant no.1, in the present Suit. I am well
acquainted and conversant with the material facts as stated in the forgoing
paragraphs of my Written Statement. I, verify & sign the Written Statement
on 17th day of December’ 2024, at Alipore Judges’ Court Premises.
I,
Shambhu Singh, Son of Late Subedar Singh, aged about _____years, by faith
Hindu, by Occupation Medical Practitioner, residing at Premises being no. 3242,
Vidyasagar Sarani, Police Station Haridevpur, Kolkata – 700063, Ward no. 124,
Bara Bagan, near Sabuj Sangha Club, Vollybal Ground, Kolkata – 700063, District
South 24 Parganas, do hereby solemnly affirm and says as follows;
1.
That I am the defendant no.1 in the
present Suit matter. I am well acquainted and conversant with the material
facts of the present Suit. I am competent to swear this affidavit.
2.
That the statements of the paragraph
number 1, 2, & 3 are true to the best of my knowledge and belief, and the
rests are my humble submissions before the Learned Court.
The statements made above are true to
our knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate
Date
: 17th December’ 2024;
Place
:Alipore Judges’ Court;
N O T A R Y
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