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IN THE HIGH COURT OF DELHI AT NEW DELHI
CM (M) NO. ______ of 20__
In the matter of:
_____________ ...PETITIONERS
VERSUS
______________ …RESPONDENTS
AN APPLICATION UNDER SECTION 151 CPC FOR STAY OF PROCEEDINGS
1. That the petitioners have preferred the present petition under Article 227 of Constitution of India against the impugned order dated-------------, whereby three applications filed by the petitioners i.e. (a) Application under Order VIII Rule 1A CPC, (b) Application under Order XVIII Rule 17 CPC and (c) Application under Section 151 CPC, have been dismissed. That the contents of the said Petition may be read as part and parcel of this present application as well, as those not being repeated herein for the sake of brevity and to avoid repetition.
2. That the case is now at the stage of final arguments, and the trial court will proceed to dispose in case no stay is granted by this Hon’ble Court. It is submitted that severe prejudice shall be caused to the defendants/petitioners in case the suit is proceeded without taking on record the additional documents.
3. That the impugned order dismissing the applications of the petitioners is erroneous as the Hon’ble Court has failed to appreciate the facts of the case and the relevance of the documents intended to be placed on record and proved. The Hon’ble Court has given undue weightage to the delay caused in filing the applications.
4. Because the Ld. trial court has failed to appreciate the cardinal principal of law that the rules of procedure are handmaidens of justice and cannot be allowed to override substantive justice.
5. That the Petitioners humbly submits that the impugned order passed by the court of Ld. Judge is liable to be set aside/modified on the grounds as set out in the accompanying petition.
6. That the Petitioners have a very good case on merits and if the trial is allowed to proceed, the petitioners shall suffer unwarranted loss, liability, harm, injury and grave injustice which cannot be compensated under any circumstances.
7. Because on the other hand no prejudice shall be caused to the Respondent if the proceedings are stayed till adjudication of the present petition.
It is, therefore, most respectfully prayed that in the interest of justice this Hon’ble Court may graciously be pleased to:
(i) Stay the proceedings in Suit No.--------------- till the pendency of the present proceedings; and
(ii) Pass any other and/ or further order(s) which this Hon’ble court may deem fit and proper in the facts and circumstances of the present case.
NEW DELHI.
THROUGH
Advocate
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM (M) NO. ______ of 20__
In the matter of:
_____________ ...PETITIONERS
VERSUS
______________ …RESPONDENTS
I, ----------, W/o-----------, R/o -------------aged about ___ years, do hereby solemnly affirm and declare as under:
1. That the deponent is the Petitioner in the present case and even otherwise being well conversant with the facts and circumstances of the case and as such, competent to swear this affidavit.
2. I say that I have gone through the contents of the accompanying application, which has been drafted as per my instructions and also read over to me in vernacular, the contents of the same, may be read as part of this affidavit, are true and correct.
3. I say that the annexures to this petition are true copies of their respective originals.
DEPONENT
Verified on solemn
affirmation at --------on this ____ day of ___________, ------- that the
contents of the aforesaid affidavit are true and correct to my knowledge. No
part of it is false and nothing material has been concealed therefrom.
DEPONENT
