DARN -O' ARNT Procedure toy execution of decree GSI- mode of execution ( Wo SUS MOL execution FORMAT OF EXECUTION PETITION Or 21 Revtery IN THE COURT OF THE CIVIL JUDGE (JUNIOR DIVISION) AT PATNA. Execution Petition No,_/2018 A slo. B, aged about 55 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001 (Bihar) .. DECREE HOLDER (Plaintiff - Respondent) ‘Versus C s/o. D, aged about 62 years, Male, Hindu, Indian ivy Nationality, Cultivation by profession Preceat and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001(Bihar) .......... JUDGEMENT DEBTOR (Defendant - Appellant) Execution petition filed by the above named decree holder for execution of the evietion decree under order 21, Rule iI read with section 151 of code of civil procedure most respectfully showeth as follows.- 1, Number of the suit: Title suit 02/2015 2. Name of the parties: A slo. B, aged about 55 years, Male, Hindu, Indian by Nationality, Business by Profession Present and permanent resident of CNLU Campus, Nyaya Nagar, ‘Mithapur, patna-800001 (Bihar) Decree Holder Cs/o, D, aged about 62 years, Male, Hindu, | Indian by Nationality,Cultivation by profession | Present and permanent resident of CNLU + N26" . . PRD stime pevtod for exetuhion of decree 42 Yours. AV RIOD wrictten epi cabs anaExrettion of Becroe tom be done party when stHere is Pp ‘Campus, Nyaya Nagar, Mithapur, Patna- 800001(Bihar) Judgement Debtor 3. Date of decree : 04.04.2017 | 4, Whether an appeal was filed against YES, before the Hon’ble Court of | the decree under execution : District Judge of Patna, and was dismissed on 25.03.2018 5. Whether any application filed for execution of decree previously: Not filed. 6. Particulars of property and Decree holder is having absolute interest and | interest of the decree holder : the details of the property in respect of which possession sought by the decree holder are | furnished by way schedule separately by enclosure | of annexure | 71, Whether any payment has been received or adjustment had been done towards satisfaction of decree : = None- 8. Amount of suit along with interest Eviction order was passed by this Cost of Ritigabienas per decree or any other relief granted Hon’ble court and was maintained by the decree: by Hon’ble Court of District Judge. 9. Amount of cost if allowed by court: Rs.50/-(Rupees Fifty) only. 10. Against whom execution is sought: Judgement Debtor/Defendant | 11. In what manner courts assistance i sought: Delivery of possession with orders for breaking open of lock and doors | gueceeding act of judgment - petree shall be preparkd ufithin 20 day, of judgment” Clomprices of operadivd govt Of tha judgment - Ee woke har-to. be impleminted. iy epacvoe vs. Oty SH reusle PYOPeyty. Fhige moval Le +4 4 - proper 4: Peeves is a vogtedl Wnherest and any vested | interest 1S alicvroddDe ~ Qs 16, The eviction order passed by this Hon’ble Court on dtd. 04.04.2017 has not been complied by the judgement debtor. The time granted to the judgement debtor has expired and still the premises have not been vacated. In the circumstances, the decree holder humbly prays that order of execution in respect of the suit premises, of which schedule is herewith submitted by way of annexure, may be passed along with orders of breaking open of locks and doors of the premises. Patna 01.05.2018 Decree Holder VERIFICATION The above stated contents of this application are to my knowledge. Decree Holder AFFIDAVIT 1A s/o. B, aged about 55 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna- 800001 (Bihar) do hereby solemnly affirm and sincere state on oath as follows.~ 1. Lam the applicant — decree holder. Tread and understood the facts stated above in this application, Thereby certifying the facts mentioned above in this application are to true to the best of my knowledge and I am bound by such aforestated facts:Annexure : SCHEDULE OF THE PROPERTY House bearing no. 13/6 bearing khata no. 1234, plot no 567 situated at Exhibition road nearby xyz bank and is surrounded by East: public Passage/road West: scheduled property of the applicant North : Municipal Lane South: Vacant land PQR Decree Holder grat application @ Recovery oF money » Q mov isin vicinity area Of +c court WWD Passing +he deveo 3d: is He a Me tS apprehending. wp, taking Winn into Sudietad 2 ore Coy Woy SF ATT € detention intenestd of Dee Mey be affected.FORMAT OF EXECUTION PETITION IN THE COURT OF THE SENIOR JUDGE (JUNIOR DIVISION) AT PATNA Execution Petition No.__/2018 AB s/o. CD, aged about 65 years, Male, Hindu, Indian by Nationality, Employment by profession Present and permanent resident of CNLU Campus, ‘Nyaya Nagar, Mithapur, patna-800001 (Bihar) DECREE HOLDER (Plaintiff - Respondent) ‘Versus EF s/o. GH, aged about 62 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001 (Bihar) . . JUDGEMENT DEBTOR (Defendant - Appellant) Execution petition at filed by the above named decree holder for execution of the eviction- decree under order 21, Rule 11 read with section 151 of code of civil procedure most respectfully showeth as follows.- 1. Number of the suit: Money suit 185/2014 2. Name of the parties: AB s/o. CD, aged about 65 years, Male, Hindu, Indian by Nationality, Employment by Profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001 (Bihar) Decree Holder EF s/o, GH, aged about 62 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLUCampus, Nyaya Nagar, Mithapur, Patna-800001(Bihar) Judgement Debtor 3. Date of decree : 22.02.2018 4, Whether an appeal was filed against -yes-/Dismissed. the decree under execution : 5. Whether any application filed for execution of decree previously: Not filed. 6. Particulars of property and judgement Debtor is having absolute interest and interest of the decree holder : the details of the property in respect of which attachment and sale of property is sought by the decree holder are furnished by way schedule separately by enclosing of annexure 7. Whether any payment has been received or adjustment had been done towards satisfaction of decree : = None- 8. Amount of suit along with interest as per decree or any other relief granted —_-45000/- (Rupees Forty five thousand) 9, Amount of cost if allowed by court: Rs.500/-(Rupees Five Hundred) only: 10. Against whom execution is sought: Judgement Debtor/Defendant 11. Jnwhat manner courts assistance is sought: Attachment and sale of land‘The decree was passed by this Hon’ble Court on dtd, 22.02.2018 has not been complied by the judgement debtor. The time granted to the judgement debtor has expired and still the payment has not been done In the circumstances, the decree holder humbly prays that order for execution of decree in respect of the payment of money ‘may be passed by way of attachment and sale of land of judgement debtor,( the schedule of property herewith submitted by way of annexure), Patna 01.05.2018 Decree Holder VERIFICATION The above stated contents of this application are to my knowledge. Decree Holder AFFIDAVIT TA s/o. B, aged about 55 years, Male, Hindu, Indian by Nationality, Business by professionPresent and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna- 800001 (Bihar) do hereby solemnly affirm and sincere state on oath as follows.- 1. Lam the applicant — decree holder. 2. Tread and understood the facts stated above in this application. 3, Thereby certifying the facts mentioned above in this application are to true to the best of my knowledge and I am bound by such aforestated facts. Deponent.Annexure SCHEDULE OF THE PROPERTY Vacant land bearing no. 1468/36 bearing Khata no. 134, plot no 57 situated at Exhibition nearby xyz bank and is surrounded by East: public Pussage/road ‘West: scheculed property of the judgement debtor North : Municipal Lane South: Vacant land ABC Decree HolderCengrat TMS * You Cannoh inatitute a suit ungess you hove vi git of action » veal dispute ig not blu PAD: Pisa neutral Person xeog ow PLAINT (INTER PLEADER suit) L_" ts aarelieck tolmbsute OBO 5g a blw 2 or more defendant s> mr eleadey 1s GomVerse to the matune of the @ibigakion. IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AT BHUBANESWAR, ORISSA. Pn Ondy Daim for pu charges @ wet he \ncurred in medintaining. Other suit —------2015 ond Preserving Fhe AB, D/o. CD, aged about 65 years, female, Hindu, teense 4 Indian by Nationality, Employment by profession Present and permanent resident of kalinga Nagar, Nearby BDA Office, Bhubaneswar-751003 (Orissa) plaintiff Versus 1. EF s/o. GH, aged about 62 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of Sahid Nagar, ‘Near CINE INOX Mall, Bhubaneswar -751007 2. XY s/o. AB, aged about 42 years, Male, Hindu, Indian by Nationality, Employee by profession Present and permanent resident of Sahid Nagar, ‘Near IMFA Park, Bhubaneswar -751007 Defendants Plaint filed by the above named plaintiff under order 35 read with order 7 and section 88 and section 151 of the code of civil procedure most respectfully showeth as follows.~ 1. That one deceased GH deposited the property mentioned below in the schedule of this plaint with the plaintiff on dtd, 01.01.2013 for safe keeping,ASR Vlay OSs BNO 7, 2, ‘The defendant EF approached the plaintiff on 02.02.2014 and claims the said property from the plaintiff under an deed of assignment allegedly executed by the deceased GH on dtd. 01.09.2013. 3, The defendant XY do also approached the plaintiff on dtd. 03.05.2013 claiming the same property held with plaintiff alleging that the deceased GH executed a testamentary deed allegedly on dtd, 01.12.2013 in his favour. 4. The plaintiff is ignorant of the respective rights of the defendants in respect of their respective individual claims against each other. 5, The plaintiffno claim upon the said property except the charges and costs incurring from time to time for maintain and preservation of the property. 6. The plaintiffis willing and ready to deliver the property to such person as directed by the court. ‘The suit is not brought by collusion with either of the defendants. 8. The cause of action for filing of this suit arose on . 01.01.2013, the day on which deceased GH delivered the possession of the property for safe keeping. . 02.022: 2.02.2014, the defendant EF approached the plaintiff and claiming possessio" of the property . 03.05.20 05.2013, the defendant XY approached the plaintiff and claiming possession of the property 9. This Hon’ble court is having a jurisdiction to try the suit 0. The plaintiff val i 1 PI valued the suit at Rs, 5000 in accordance with suit valuation Act suit valuation11. The plaintiff paid the requisite value of court fee of Rs. 50/- as calculated under Indian court fees Act. 12, The defendants are the interested persons and are liable to be called upon by the one “ve adi court for the purpose of conclusive adjudication of their inter-se claims. 13. Therefore, the plaintiff prays that this Hon’ble court be pleased to pass an order (a) Restraining the defendants from taking any proceedings against plaintiff in relation thereto (b) That the defendants be required to interplead against each other concerning their claims to the said property (©) That some be authorised/ appointed to receive the custody of the property pending proceedings (d) That upon delivering the property to such other person as appointed or authorised, the plaintiff be discharged from all liability against the defendants paying RS. $000 towards charges and maintenances of the property and (c) Such other reliefs which this Hon’ble court thinks just and reasonable in the larger interests of justice. Bhubaneswar 31.12.2015 Plaintiff. Verification ‘The plaintifF is hereby certifying the facts stated above in the plaint from paragraphs 1 to 4 are to the best of my knowledge, information and belief.Plaintiff / Affidavit IAB, D/o. CD, aged about 65 years, female, Hindu, Indian by Nationality, Employment by profession Present and permanent resident of kalinga Nagar,Nearby BDA Office, Bhubaneswar-751003 (Orissa) do hereby solemnly affirm and sincerely state on oath as follows.- 1. Iam the deponent of this affidavit 2. read and understood the facts stated above in the plaint. 3. The facts above in paragraphs 1 to 4 of the plaint are to true to best of my knowledge. Deponent Schedule\€ parties = Go. LeaseDeed — Deseviphion ‘THIS DEED OF LEASE EXECUTED ON THIS EIGHTEENTH DAY OF APRIL TWO THOUSAND TWENTY TWO (18.04.2022) ATPATNA ote ond pace Between AB, S/o. CD, aged about 60, Hindu by religion, Indian by nationality, Business by profession present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, Patna-800001, Bihar the herein after called the Lessor (First Party) x Seeeietieones 1 \ . And portion EF, S/o. QR aged about 55, Hindu by religion, Indian by nationality, Business by profession present and permanent resident of ABC Street, near Mithapur Bus stand, Patna-800001, Bihar herein after called the Lessee (second Party) WHEREAS the Lessor is the landlord of residential house bearing no.25, Smee Bailey Road, Patna and has agreed to let on lease to the Lessee the ground floor of the said property for a period of 11 (Eleven) months w.e-f. 18th April 2022 at a monthly rent of Rs.2000 (Rupees Two Thousand) and reserving rent at Rs.5000 (Rupees Five Thousand) ¥ serer ie 3 Comeider en ~reckivedt ‘And WHEREAS the parties are now desirous of reducing the terms of this into writing. Leases coninuedion OF possegsion of the tenant poole provided the conditions ove refuses Qrod, NOW THIS DEED OF LEASE WITNESSES AS UNDER: Tac * cavenont art of FS,000 received! 1. Inconsideration of the rent herein reséryed and the covenants and the conditions hereinafter contained and to be observed both Lessor and Lessee, the Lessor hereby Jéniises the ground floor of the said property comprising of two bed rooms, one drawing room, two bathrooms, one store room, a kitchen and lobby for a period of 11 (Eleven) months w.e.f. wold portion of +m Premise s ig being let ok Genered THe’ convegoneing dAdeck combainy vecitols . re Hs fe daed doer nok Lomborn recktods » It Cont oan agreement Fo Sense sulost uk ng wectholly cade section OF Mutual winch or stoning bie +he 0 y 5Lrtabendum efoume) cReadendum «Dane comme necement vatse of vent + Fi 5 Thousand 18th April 2022 ata monthly rent of Rs.2000 (Rupees Two Thousand) dential accommodation. for the purpose of residential ace a eee Time for 2. The monthly rent of Rs 2000 shall be payable in advan? by ae Tasee to ‘ ; shall y Payment the Lessor by the 7" of each English calendar month. Tapetvenee | Of vent 1G rent nok Paid in advence- tewoncy wong “ mi na 3, The Lessee shall use the demised premises solely for residence ; oe and his family members and shall not use or allow the Premise : ted used for any other purpose. Contyayy — bree » * | [ ee 4, The Lessee shall not sub-let, assign with the possession of ‘whole or part s of the demised premises in any case. Gow cumabance s > wighe dt SAE eel ak am point of Hime ~ CS ; | Sremomir bon nA ae | Kig family, 5. The Lessee shall pay for the electricity and water charg eee | the bills of the local authorities... Pecumieoug MUTE Cs Annual iadaiLity — tenet LL ETE ES kee . vt ie eCUryING, Digdaddiey Coed neikg Ia teNan ee eon | ee or asens has inspected the premises, its fittings and fixtures afid found |Enspeckion them in good working condition and the Lessee shall be responsible to EE PEeMIgES restore them in the same condition a the of surrender of possession. : wre. Conditions 1d ~< NE no FOUR OF benank— -Man “hot ~eatore i ‘o« J. The Lessee shall permit the Lessor or his agent to enter upon the demised | \nspeckion . rovigeck Pe) promises vat) premises whenever necessary to inspect the premise “°° wh Hee Tenevallg . LL tan? * enter +i Premises when cetene & CME Femant Tein COnPinuckion OF POKEssion wirhoud his consent: Knowledge 8. The Lessor shall be responsible to pay the property tax in respect of the demised premises. Arnmuck pecan aug Mews ity , | 9. The Lessee shall be liable to carry out all minor repairs in the demised premises at his own cost. However, if required, any major repairs shall be | carried out by the Lessor and on default of either of the party in carrying out such repairs, the other party can claim such cost incurred in carrying out such necessary repairs, 10.The period of lease renewable at the option of Lessor subject to such increase of rent and on such terms and conditions that may be mutually settled Menevabyy , if peviotof tenancy is over ~ tenant wo evick provided that Fie gooce is not) enon —at ~ sufferance venewenk =| Dake of execukion . : & Aste of commencement Gronerak ute” deed iS EXpected to yeveut doe of MOMMENTeMenk - ———@ ekeQux of time 83 ve here +a indpeveyt of LL tev mincer METAL OF Intereat- Chigher interest merged with +4 R intered- @® servender & fox geir wre. Sere nee + enont ei FOP 11.Both Lessor and Lessee are at liberty to terminate the tenancy before ar lapse agreed period of tenancy in case of default committed by either of rede. corals SSneaney. Patty. sega guage Fo TC Aetetec ocean see 12. The Lessor hereby agrees to refund the rent reserved on termination of tenancy without interest charged thereon sudsyeck +0 pecunt oy. Rabi Lien owed by the tenowt THE LESSOR AND LESSEE HAVE SET THEIR RESPECTIVE HANDS TO THE AGREEMENT on this day written above and in the presence of following witnesses- 8 thestation By 2 witnecser Witnesses 1. Name Address Signature LESSOR Reed 2. Name poo.d Address Signature LESSEE S101 = Both th Lessor A Messee are regk- fo exeate ri Lease ® in advance sefers thar vant of akea port (alloy mronth hor to be paid within Suede of the Curvent moth veriFication of phyricod condition of tir partyScURDULE OF THE PROPERTY snotuve ef fur Property MeASUY On eNnk Poot wo + | Khoder mM SOX Youd nie, Lounckan i ey eb joing, pu +e Property.S26 — inst. Of Sub— PTRentationof Bont - UFacks to be proved by affidavit. OMS Prerentation Sisos2e)— subject. mother yuris + IN THE COURT OF THE CIVIL JUDGE SENIOR DIVISION AT DELHI + name of the Me ‘ court Igney suit____/2000 = verty M/S. ABC Pvt. Ltd. Company incorporated eee under Indian Companies Act, 2013 having registered ay office at B-40, Safdarjung Enclave, New Delhi plaintiff. Versus Mis. XYZ Ltd. Company incur{porated Under Indian Companies Act, 1956 having its Registered Office at 50, sector 20, Chandigarh and Administrative Office at 72, Roop Nagar, New De! Defendant PAINT atosoduse power oF the Com filed by the above named plaintiff under Order 7 read with section 151 of the code of civil Procedure most respectfully showeth as follows- 26a Jule 1. The plaintiff is a company constituted under the Companies Act having its registered office at New Delhi, Mr. P, Executive Director of the plaintiff company is duly authorized to institute this suit and represent on behalf of the plaintiff company. 2. The plaintiff company carry on the business of Construction, Engineering and Designing. The plaintiffs are builders of International Repute in their business. 3. The defendant is a company incorporated under the Companies Act having their registered office at Chandigarh and the Administrative office of the defendant company is situated at Delhi. 4, The defendant approached the plaintiff for construction of building for their paper mill at Chandigarh in the year 1997, whereupon the plaintiff constructed the building and handed over the possession of the same to the defendant in the month of December, 1999. - i being completion of work and delivery of possession of the constructed ° buds te the dfenfan submitted the final bill on dtd, 02.01.2000 for Rs. 25,00,000 (Rpess Twenty Five Lakhs) for payment by the defendant, . ad over cheque no. 213456 dt. 18.01.2000 for Rs. 25,00,000 drawn on : Pasjee tal Bank, XYZ branch, Delhi in favour of the plaintiff, fed the cheque to the bank for clearance on dtd. 20.01.2000 which 7. The plaintiff present 1 24,01.2000 with a remark “Insufficient Fund’, was dishonoured by the bank o eee monary suit vadise oF Daim hag to be certain whore ne cSoim is determinable -SAB OE NT Ack ned the defendant about the dishonor of the said cheque | 8.’ The plaintiff immediately inform by sending a notice on dtd. 25.01.2000 calling upon the defendant to make the paymenj fovmak of the said amount along with interest @ 12% per annum within one week of the receipt ‘ot iee, of notice, However the defendant failed to pay the same to the plaintiff despite receiving of notice and repeated requests. ] Lest 9 The plaintiff therefor issued a legal notice on dt.10.02.2000 to the devendant caling a) ‘upon the defendant to the clear the outstanding amount of Rs. 25,00,000 along with Woki ce. interest @ 12 % per annum with effect from dtd. 02.01.2000 upto within ten days of the receipt of notice. However, no payment has been made by the defendant despite the said” set of Totice a | TLS +hak compelled *p to come to the court » 10. The cause of action in favour of the plaintiff arose on.- i whe gq whore aa (a) In the year 1997, when the plaintiff was approached by the defendant for construction of their paper mill; { 204, (b) In the year 1999, when the plaintiff delivered the possession of constructed building &, hoy to the defendant; fen, "ag, (©) On dt 02.01.2000, when plaintift submitted the final bill for Rs. 25,00,000 to the | Re AR, defendant for payment Reg, My “e (@ On 18.01.2000 when defendant handed over a cheque for Rs.25,00,000 to the ay % ¢ plaintiff. Mog (c) On 20.01.2000 when plaintiff presented the cheque to the bank for clearance. ; (Q On 24:01.2000 when the plaintiff was informed of dishounour of cheque by the bank. (g) On 25.01.2000 when plaintiff issued notice on the defendant insisting for payment along with interest. (h) On 10.02.2000 when plaintiff issued a legal notice on the defendant. 11. The suit is within the period of limitation, O°1R*G Grounds & exam phion From Limitarion Dow. ‘ 12, This Hon'ble court has jurisdetion to try this suit. i 13, The plaintiff valued the suit at Rs. 25,48,000 84a S16 G26 IRC & 14. The plaintiff has paid Rs.1999 as court fee. 15. Therefore the plaintiff prays that this Hon’ble court may be pleased to pass a decree Reriek cBaimed (a) for Rs. 25,48,000 in favour of the plaintiff and (b) award cost of the suit in favour of the plaintiff or/and (©) pass such other reliefs which the court may think just and proper in favour of the iff on consideration of facts and circumstances of this case. 1) Retief Prec attest mneney ie not adjunbaale FeOaVE Ha puvechoue Piles ford deraki on: 44. The vendor agres that he will deliver the vacant posession ofthe property tothe uchocr nthe day of eiration ofthe conveyance deed. CB2AIve NY. possession) Tone be detivered abtls date of execution con tas Gate of wlite 5, Tevet herby sped to esrt th conveyance dct in fvour ofthe PEREISE MAN ot, snominge as pusher may ots in Wat rgd, + unWateval Dahure of sale decd~ deed po: : tsar ln feuour of) D entrod tony F gore n= conditions WSHai ning ablenakion « ony Rm motive srbredutoNb Te ahrouke owner: ‘\ - to he mentioned « But ‘introductory: crrakive Rave Tee mentione ees qed alway “eAQdto be memtionsd «t+ depends upon FSi Sgmclhy of TH pathy aenssing: »wt? mory, ekaudk of Fhe purchaser Re.5000 (Rupees Five Thousand) paid by him to the vendor. defautr of 1 the vender: Fp Rh Moye ond Mag- '! ae all the title deeds of the property to the purchaser With { ten day from the date of this agreement for verification of title. The purchaser hereby agreed to intimate the vendor ‘about the approval of title within 7 days after delivering ean et MMAISted for Ver} title deed to him. wn Wed, provided pay 7. Ifthe vendor's title to the property is not approved by the purchaser, the vendor hereby aerced to refund the earnest money received by him under the agreement and on fire of the vendor to refund the same within 7 days, he shall be liable to repay the same with interest thereon @ 10% per annum. 6. The vendor agreed to hand over give Up 8. If the purchaser commits a breach of the agreement, he shall forfeit the eamest money of when PUTcLaser Commiks brench of egvogmentine sto cot 9. Ifthe vendor commits a breach of the agreement, the vendor shall not only refund to the * purchaser the sum of Rs.5000 (Rupees Five Thousand) received by him as eamest money, but shall also pay to the purchaser an equal sum by way of liquidated damages, . . C@reachortmcentract) | 10. Nothing contained in paras'8 and 9 above shall prejudice the rights of the parties hereto for this specific performance of this agreement of sale/purchase. orhe+ alternative statutory remedien providedt by MJ.C. No.__/2018 (Money suit 658/2018) AB s/o. CD, aged about 65 years, Male, Hindu, Indian by Nationality, Employment by profession Present and permanent resident of CNLU Campus, tvefendant) Nyaya Nagar, Mithapur, patna-800001 (Bihar) Petitioner ~ Versus EF s/o. GH, aged about 62 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001 (Bihar) Respondent - pQaintif® AFFIDAVIT 1 shri, EF slo. GH, aged about 62 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya ‘Nagar, Mithapur, patna-800001 (Bihar) do hereby solemnly affirm and sincerely state : on oath as follows: 1. The deponent is flly acqusinted withthe fics ofthe aforestated case 9, The plaintst Respondent) filed « suit for recovery of money against the petitioner. ‘The suit is numbered as Money Suit 658/2018.Replication tov rerting aride Ox PaYte decree hinto be” fided within Boda, from tur date Of patcing GF decreg or wo dap trom tudate of knowledge of passing of decre 3. In the aforestated suit, the court vide its order dtd.20.02.2018 directed the summons to be issued to the petitioner(Defendant) fixing dt. 01.03.2018 for the oor] personal appearance of the petitioner for the purpose of examination. 4. The petitioner did not receive any summons of the aforestated suit. The petitioner did not have knowledge of the said suit even otherwise. 5. The plaintiff in collusion with the employees of the postal department got a false Constructive ert endorsement on the notice regarding the refusal of its by the petitioner. The said oe endorsement is false and the said summons were never offered to the petitioner for service and acceptance. 6. The aforestated suit was ill 02.04.2018. ly decreed by this Hon’ble court exparte on ¢ bY Codturion— court malatide exercise of Power, 7. Tt was only on dt.20.04.2018, the petitioner came to know of the fact of alleged exparte decree when the summons of the execution of the decree were served upon. 8. Thereafter, the applicant on dt. 23.04.2018 came to the court and got the inspection of the record of the suit and accordingly filing a present petition for restoration of suit on the aforestated facts. 9. Due to passing of the exparte decree by this Hon’ble court, the petitioner is suffering irreparable loss. 10. Iti, hence, necessary in th larger interests of justice that this Hon'ble court may Prager be pleased to set aside the exparte decree along with setting aside of exparte order 4.05.03.2018 passed by this Hon’ble court and restore the suit to the original status thereby enabling the defendant giving an opportunity to defend his interest. 11. The facts stated above are to true to the best of the knowledge of this petitioner. kei dovit 1S Confined to +My truthfulness on the basis of of Apple knowledge . Ex parte decree Cim'+ be aet aride withouk setting —oupscle FE 2x Phe order Ufo. dR-7, Deponentcroy by oppaliate court IDAVIT IN SUP] cA PORT OF THE STAY APPLICATION UNDER ORDER 41 RULE 5 BEFORE Ty HE HONOURABLE COURT OF DISTRICT JUDGE AT PATNA Title Appeal ---2018 (Title suit 158/2014) AB, Dio. CD, aged about 65 years, female, Hindu, Indian by Nationality, Employment by profession Present and permanent resident of CNLU Campus, ‘Nyaya Nagar, Mithapur, patna-800001 (Bihar) Appellant to, Versus EF s/o. GH, aged about 62 years, Male, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001 Bihar) . Respondent DH AFFIDAVIT 1, AB, D/o. CD, aged about 65 years, Female, Hindu, Indian by Nationality, Business by profession Present and permanent resident of CNLU Campus, Nyaya Nagar, Mithapur, patna-800001(Biher) do hereby solemnly affirm and sincerely state on oath as follows: Bo 1. The deponent is the appellant (defendant) in the aforesaid appeal and as such she is fully acquainted with the facts of the case. 2, The respondent (plaintiff) filed 2 suit for permanent injunction against the appellant that the appellant be directed to vacate and deliver the disputed property. ee execution is complete, appeat is Infrucsuous + ze appead is heard, RRROKLOM 16 Snfyuctuols These, pH apple tor execution of decree in he court whith passed the decrees 3°93" ap pdies for comm wr issue, Common Partie, , comviith subject= aeombrodicton, procoedinft + matter3. Def: 3-2: appellant had illegally and by use of force have taken the possession of the Hs Riding of procecding Qower court pets directs to Hak Hoe append is dcp oT ia J i ‘ ( “Det --renpausecl « P. chaim~arsodute ous crespondent> ‘ The plaitiff's case was that he was the owner of the disputed property and the disputed property. the ‘The defendant contested the claim of the plaintiff on the ground she acquiré {ll executed by the deceased father of the plaintiff title to the by way of deed of on dt. 11.12. 2013. . The trial court failed to consider the said deed of will by not framing the issue as, to its validity and further failed to consider the evidence on record submitted by cappetianty the Méesduat pening Jite and gos favuan of the respondent-plaintiff on dt, 20.11.2017. &eveg Comm eel Cun evvov by, not from the issre The appellant, therefore, preferred this appeal praying this Hon’ble court for setting aside of decree passed by the trial court in contrary to law and further directing the lower court for staying the proceedings of execution of decree filed by the respondent till disposal of the appeal as the defendant is still remaining in ( possession of the disputed property. : ‘The facts stated in the Memorandum of Appeal annexure to this affidavit and aforestated facts in the affidavit are true to the best of the knowledge of the bd —_ deponent. Deponent cstary appeady . In Ngtrer court doer not hop tHe Souk proceedings uc moti undern appeddotc ATOAL thy Lower court proceading, eseck of . i Shiunetion mpBe, « ‘ . erksaining rhe other party. From doing ay, :