Petition under Article 227 of the Constitution of India, 1950 along with affidavit in support thereof.

Petition under Article 227 of the Constitution of India, 1950 along with affidavit in support thereof.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM (M) NO. ______ of 20__

In the matter of:

_____________                                              ...PETITIONERS

VERSUS 

______________                                        …RESPONDENTS

I  N  D  E  X

PETITIONERS

THROUGH

                                                   Advocate

Place: New Delhi

Filed on:  

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM (M) NO. ______ of 20__

In the matter of:

_____________                                              ...PETITIONERS

VERSUS 

______________                                        …RESPONDENTS

 URGENT APPLICATION

To,

_______

High Court of Delhi,

New Delhi. 

Sir,

Kindly treat the accompanying petition as urgent according to the Delhi High Court Rules as:

 “The petitioner has prayed for stay of trial proceedings and the date of hearing before trial court is -------------.”

Yours faithfully,

Advocate for the petitioners

New Delhi

Date 

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM (M) NO. ______ of 20__

In the matter of:

_____________                                              ...PETITIONERS

VERSUS

 ______________                                        …RESPONDENTS

NOTICE OF MOTION

To,

The Standing Counsel

_____

Delhi High Court, New Delhi

Sir,

The enclosed writ petition in the aforesaid matter is being filed on behalf of the petitioners and is likely to be listed on -------- or any date thereafter. Please take notice accordingly.

Thanking you, 

Advocate

Encl.:- Copy of Petition.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM (M) NO. ______ of 20__

In the matter of:

_____________                                              ...PETITIONERS

VERSUS 

______________                                        …RESPONDENTS

[Petition under Article 227 of The Constitution of India against the impugned order dated ---------- passed by ----------in CS No. --------- titled as ----------------]

MEMO OF PARTIES

1.    ---------------

W/O ----------

R/O ---------

2.    --------------

S/O----------------   

R/O -----------                                            …PETITIONERS

VERSUS 

1.    ------------------

S/O

R/O --------                                                      ……Respondents

New Delhi                                                                 Petitioners

Dated:                                         Through

Advocate

SYNOPSIS AND LIST OF DATES

The petitioners are preferring the present petition under Article 227 of Constitution of India against the impugned order dated -----------passed by ---------------titled as ‘--------------, 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.

The plaintiffs/ respondent filed a suit for declaration, Cancellation, Possession, Permanent Injunction and Mesne Profits averring that---------------------. In response, the petitioners/defendants contended that-----------------.

The petitioners moved an application under Order VIII Rule 1A CPC for taking on record the said documents which were vital to their defence i.e--------------. The petitioners also filed an application under Section 151 CPC for permitting them to lead additional evidence of --------- and to prove the aforesaid documents.

The trial court has dismissed the said applications primarily on the ground that the--------------. Hence, the present petition.

LIST OF DATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM (M) NO. ______ of 20__

In the matter of:

_____________                                              ...PETITIONERS

VERSUS 

______________                                        …RESPONDENTS

MOST RESPECTFULLY SHEWETH:

1.       That the petitioners are preferring 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. The copy of impugned order dated --------is annexed herewith as Annexure-P/1.

2.               That the facts in brief leading to the filing of the present petition are as under:

2.1       That the respondent (i.e. the plaintiffs before the trial court and hereinafter referred as ‘plaintiffs’) filed a suit for declaration, Cancellation, Possession, Permanent Injunction and Mesne Profits averring that -------------------. It was further stated that-------------. Hence, the plaintiffs claimed themselves to be the owners of the suit property.

2.2       That the defendant filed their Written Statement and apart from other legal and factual objections/submissions took the plea that suit property was purchased------------. The Copy of the Written Statement is annexed herewith as ANNEXURE- P/3. .

2.3      That vide order dated 10.08.2011, the Ld. Trial Court framed the following issues:

-----------------

-----------------

2.4          That the plaintiffs ---------------------.

2.5          That the defendant ----------------.

2.6          That as the-------------------.

2.7          It is also pertinent to mention that the defendant no.-------------- was not able to participate in the proceedings diligently, as his own matrimonial litigations were going on.

2.8          That it is also pertinent to mention that as mentioned above, -----------------. That,--------------. The Copy of the Application under Order VIII Rule 1A CPC is annexed herewith as ANNEXURE- P/4.

2.9          That the ----------------and to prove the aforesaid documents. The Copy of the Application under Section 151 CPC is annexed herewith as ANNEXURE- P/5.

2.10      That the defendant also moved an application under Order XVIII Rule 17 CPC for---------------. The Copy of the Application under Order XVIII Rule 17 CPC is annexed herewith as ANNEXURE- P/6.

2.11      That respondent no. 1 to 4 also filed their replies to the said applications and the copies of the said replies to the applications are annexed and marked as ANNEXURE-P/7 colly.  Thereafter,------------.

3.             That feeling aggrieved by the impugned order, the Petitioners are filing the present petition on the following amongst other grounds. 

GROUNDS

A.   Because the impugned order is erroneous both on law and on facts and if permitted to stand shall result in grave miscarriage of justice. 

B.   Because 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.

C.   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.

D.   The grounds regarding the Application filed under Order VIII Rule 1A CPC read with Section 151 CPC for taking documents on record are as under:-

E.   Because the Ld. trial court failed to appreciate that the defendant no.2 therein (petitioner no. 2 herein) was not able to participate in the proceedings diligently, as his own matrimonial litigations were going on.

F.    Because the Ld. Judge failed to appreciate that the present suit is filed by the Plaintiffs with the malafide and dishonest intention, which can be seen from the fact that the present suit is filed by the Plaintiffs thereby seeking the relief declaration, Cancellation, Possession, Permanent Injunction and Mesne Profits with the averment that ----------.

G. The grounds regarding the Application filed under Section 151 CPC for permission to lead additional evidence are as under :-

H.   Because the Ld. trial court erred in recording that the defendants were trying to fill lacunae insofar as the defendants did not introduce any new case and were only substantiating their pleaded case with documents.

I.     Because the Ld. trial court failed to appreciate that it was not a case where the defendants were introducing any new case or facts by which the plaintiffs which may have been prejudiced.

J.  Because the applications ought to have been allowed in the interest of substantive justice and to arrive at a just and fair decision of the suit. Severe prejudice will be caused to the petitioners which will be against the settled principles of natural justice which requires that defendant should be given ample opportunity to defend himself. 

K.   Because the Petitioners have a very good case on merits and if the impugned order is allowed to stand the petitioners shall suffer unwarranted loss, liability, harm, injury and grave injustice which cannot be compensated under any circumstances.

L.   Because on the other hand no prejudice shall be caused to the Respondent if the impugned order is set aside and the applications be allowed and the prayers made therein, be granted.

M. Because the Ld. trial court erred in not appreciating the fact that the delay was occasioned on the ground that the -----------was entangled in his own matrimonial litigation and the erstwhile counsel for the defendants was not diligent to bring such receipts on record.  

4.            That all the grounds stated above are without prejudice to each other and the petitioners reserves its right to add, to amend or modify the same, if deemed necessary and to build upon the ones already taken.

5.             That the petitioners have no other alternative equally efficacious remedy but to approach this Hon’ble Court by way of the present petition.

6.       That the petitioners have not filed any other petition before this Court or before the Hon’ble Supreme Court challenging the impugned order.

7.         That the annexures to this Petition are true copies of the original available with the petitioners.

P R A Y E R

It is, therefore, most respectfully prayed that in the interest of justice this Hon’ble Court may graciously be pleased to:

(i)            Set aside the order dated------------ 

(ii)      Allow the application filed by petitioners under Order VIII Rule 1A CPC for taking additional documents on record and Application under Section 151 CPC for leading further defence evidence; and/ or

(iii)        grant any other and/ or further relief(s) which this Hon’ble court may deem fit and proper in the facts and circumstances of the present case.

New Delhi                                                                 Petitioners

Dated:                               Through

Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM (M) NO. ______ of 20__

In the matter of:

_____________                                              ...PETITIONERS

VERSUS

 ______________                                        …RESPONDENTS

A F F I D A V I T

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 petition under Article 227 of the Constitution of India, 1950, 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

VERIFICIATION:-

Verified on solemn affirmation at New Delhi 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