IN THE COURT OF THE DISTRICT JUDGE DWARKA COURTS NEW

DELHI

Civil Appeal No. ……………… of 2022

IN RE :

KANTA DEVI …APPELLANT

VERSUS

BSES RAJDHANI POWER LTD & ORS. …RESPONDENTs

APPLICATION ON BEHALF OF THE PLAINTIFFS UNDER ORDER 39

RULE 1 & 2 READ WITH SECTION 151 C.P.C

Most Respectfully Showeth:

1. That the applicant has filed an accompanying appeal before this Hon'ble

Court and the craves leave of this Hon'ble Court to refer to averments

made in the Appeal as the contents of the same have not been repeated

herein for the sake of brevity, however the same may be read as part and

parcel of this application.

2. That the applicant has strong prima facie case in his favour and there is

very likelihood of his getting success in the case.

 3. That the balance of convenience lies in favour of the Appellant and

against the respondents.

4. That it will in the interest of justice that during the pendency of instant

Appeal further proceedings in the original suit (suit no CS SCJ 907 of

2018 before the Ld. Civil Judge Dwarka Court New Delhi) be stayed.

PRAYER

a. In the facts and circumstances of the case and in the interest of

justice, it is most respectfully prayed that this Hon’ble Court may

graciously be pleased to grant ad - interim ex – parte stay of the

further proceedings in the original suit (suit no CS SCJ 907 of 2018

before the Ld. Civil Judge Dwarka Court New Delhi) during the

pendency of this Appeal;

b. Any other relief which this Hon'ble Court deems fit under the

circumstances of the case may also be granted in favour of the

Appellant and against the Respondents.

Dated:22.11.2022
Place: NEW DELHI                                      PLAINTIFF
 THROUGH COUNSEL
SIDDHARTH SINGH
ADVOCATE
Ch. No. 542, Patiala House Court, New Delhi
IN THE COURT OF THE DISTRICT JUDGE DWARKA COURTS NEW

DELHI

Civil Appeal No. ……………… of 2022

IN RE :

KANTA DEVI …APPELLANT

VERSUS

BSES RAJDHANI POWER LTD & ORS. …RESPONDENTs

AFFIDAVIT

I, SMT. KANTA YADAV, W/O SHRI SURESH YADAV, AGED 35 YEARS,

RESIDENT OF RZP-305, P-3 BLOCK, NEW ROSHANPURA,

NAJAFGARH, NEW DELHI – 110043, DO HEREBY SOLEMNLY AFFIRM

AND DECLARE AS UNDER:

1. That I am the Appellant in the present matter mentioned above and fully

conversant with facts and circumstances with the case and fully

competent to swear this affidavit.

2. That, the content of the accompanying Application, has been drafted by

my counsel under my instruction. The contents of the same are true and

correct to the best of my knowledge and the same may kindly be read as
 part and parcel of this affidavit as the same are not repeated herein for the

sake of brevity.

DEPONENT

VERIFICATION:

I, the above-named Appellant do hereby solemnly affirm and verify at Dwarka,

Delhi on this ___ day of November, 2022 that contents of para no. 1 and para

no.2 of my above affidavit are true and correct to my knowledge. No part of it is

false and nothing material has been concealed there from.

DEPONENT