Application under Order I Rule 10 read with Section 151 of the Code Of Civil Procedure for deletion of Parties from Memo of Parties and amendment in Memo Of Parties.

IN THE COURT OF -----------------

MISC DJ NO. ---------

In the Matter Of: -

-----------------                                                        ……Applicants

                                                   Versus

----------------                                                           ….Respondent

APPLICATION UNDER ORDER I RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR DELETION OF PARTIES FROM MEMO OF PARTIES AND AMENDMENT IN MEMO OF PARTIES.

THE APPLICANT MOST RESPECTFULLY SHOWETH:

That the above captioned application is pending before this Hon’ble Court for adjudication and the same is listed for hearing on ---------.

That on ------------, i.e., the last date of hearing, the Hon’ble court -----------and hence, the present application is being moved.

 That the parties mentioned below should be removed from the Applicants as they are not necessary parties in the present complaint, they are as follows:

The Applicant should now be allowed to delete the below mentioned parties from the Respondents who are not required for proper adjudication of the present complaint, they are as follows:

That the case title shall be allowed to be changed from “-------------” to “--------------”

That no prejudice shall be caused to anyone if the proposed amendment is allowed and the amended memo of parties is taken on record.

That it is only an inadvertent error which has resulted in the abovesaid discrepancy in the memo of parties. The amended memo of parties is enclosed herewith.

That the present application is being moved bonafide and in the interests of justice.

PRAYER

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

a)             Allow the present application thereby permitting the Applicant to amend the memo of parties by making necessary amendment, as referred to hereinabove, in view of the facts and deleting the abovementioned from Memo of parties, and this Hon’ble Court may kindly be pleased to take the amended memo of parties on record.

b)     Pass any other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice.

 

APPLICANT

THROUGH

DATED:     

NEW DELHI                             

Advocate


IN THE COURT OF -----------------

MISC DJ NO. ---------

In the Matter Of: -

-----------------                                                        ……Applicants

                                                   Versus

----------------                                                           ….Respondent

 

AFFIDAVIT IN SUPPORT OF APPLICATION

I, ---------S/o -------, Aged about --- years, R/o-----------, do hereby solemnly affirm and declare as under: -

1.       That I am the Applicant in the abovementioned suit and as such well conversant with the facts of the case and thus competent to depose the present affidavit.

2.       That the accompanying application has been drafted by the counsel as per my instructions and has been read over and explained to me in vernacular and the same is correct to the best of my knowledge.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of -----that the contents of aforesaid application are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

                                                              DEPONENT