Application under order 12 Rule 6 CPC on behalf of the plaintiff

Application under order 12 Rule 6 CPC on behalf of the plaintiff

IN THE COURT OF __________

CS DJ ________ 

IN THE MATTER OF: -

__________                                                            …Plaintiff

Versus

____________                                                      …Defendant

 INDEX 

Applicant

Through

Advocate

DATE:    

IN THE COURT OF __________

CS DJ ________ 

IN THE MATTER OF: -

__________                                                            …Plaintiff

Versus

____________                                                      …Defendant 

APPLICATION UNDER ORDER 12 RULE 6 CPC ON BEHALF OF THE PLAINTIFF:

MOST RESPECTFULLY SUBMITTED:

1.  That the plaintiff has filed the present suit for recovery of an amount of Rs._________, along with interest, ________.

2. That the defendant has filed the written statement in which he has admitted that __________and has also admitted that________ and has further admitted that the said__________. The defendant has also placed on record a letter purportedly written by the plaintiff to the effect that she will not present the _________till the time litigation pending before the High Court was over.

3.That the defence raised by the defendant is that the defendant has paid the entire amount to the plaintiff. However, there is no particulars provided by the defendant regarding the alleged payment made by him to the plaintiff. Neither any date has been provided, nor any receipt has been placed on record nor has even mode of such alleged payment been indicated in the written statement. It is apparent that the averment made by the defendant is outrightly baseless and false. The averments regarding payment of the entire amount have been made without any basis - documentary or otherwise and such pleadings have been made only to delay the suit. The defendant does not have any substantive defence in his favour.

4. That the letter dated_______, although has not been written by the plaintiff, and apparently, the said letter is obviously a forge and fabricated one. However, without prejudice to the right of the plaintiff, to challenge the validity of the said letter, is submitted that the same also does not help the defendant in any manner whatsoever.

5. That the defendant has also not denied that________. It is also not in dispute that the______ was executed by the plaintiff in favour of the defendant and, the said suit had been dismissed in default only on _____. It is also not in dispute that the interim orders passed in the said suit were operational till the suit was finally dismissed. 

6. That the plea regarding limitation raised by the defendant in the given facts, is not tenable as the suit has been filed within the period of limitation calculated from the date of decision in the earlier suit. The said issue does not require a trial as there is no dispute about the date of ______in favour of the defendant, the date of dismissal of the earlier suit and the dates of interim orders passed in the earlier suit, all of which stand admitted by the defendant. Further, there is no dispute raised by the defendant in respect of the documents placed on record by the plaintiff.

7.  That in view of the averment made by the defendant in the written statement, it is clear that the defendant has failed to place any defence which would require any trial, and further has admitted all the material facts, which would warrant granting of a decree in favour of the plaintiff. Hence, the present application.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:

A)  Decree the suit in favour of the plaintiff,

B)   Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

New Delhi                                                              Plaintiff/Applicant

Date                                         Through            

                                                                        Advocate for Petitioner

 IN THE COURT OF __________

CS DJ ________ 

IN THE MATTER OF: -

__________                                                            …Plaintiff

Versus

____________                                                      …Defendant

AFFIDAVIT

I, _______, D/o _________________, R/o___________________,  aged about ________years, do hereby solemnly affirm and declare as under: -

1.    That I am the plaintiff in the above noted suit and am well conversant with the facts of the present case and as such competent to depose this affidavit.

2.    That the accompanying application has been drafted by my counsels on my instruction, and its contents have been read over to me in vernacular and the same are true and correct to the best of my knowledge and are not being repeated herein for the sake of brevity.

3.    That the contents of the accompanying application may kindly be read as part and parcel of this affidavit.

                                                                                    DEPONENT

VERIFICATION

Verified at Delhi on this ____ day of _____ that the contents of the above affidavit are true and correct to the best of my knowledge and nothing material has been concealed therefrom.

                                                                                 DEPONENT