Affidavit - PETITION FILED BY THE PETITIONER UNDER SECTION 20 OF ORDER 40 - AFFIDAVIT BEFORE THE __ TRIBUNAL FOR STAY OF DISPUTED TAX - PETITION FILED BY THE PETITIONER UNDER SECTION 20 OF ORDER 40 - AFFIDAVIT FILED BY THE 1ST PETITIONER HEREIN

Category: Civil Law Documents

Updated: 2026-04-05T18:11:25.287019+00:00

Collection of legal affidavit templates for various cases

IN THE HIGH COURT OF JUDICATURE OF ____________________ AT ____________________ C. M. P. No. ________ of ________ 20______ in C. R. P. No. ________ of 20______ Between : ____________________ ____________________ ...... Petitioner/Petitioners and ____________________ ____________________ ...... Respondent/Respondents AFFIDAVIT FILED BY THE 1ST PETITIONER HEREIN I, ____________________, S/o ____________________, aged about ________ years, R/o ____________________, ____________________ Colony, ____________________ Town, ____________________ District, and now having temporarily come down to ____________________, do hereby solemnly and sincerely affirm and state on oath as follows: 1. That I am the __________________ Petitioner herein and the __________________ petitioner is my son and as such I am well acquainted with the facts of the case.

I am swearing this affidavit on my behalf and on behalf of the __________________ petitioner also who has authorised me to file the same. 2. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of Revision Petition as part and parcel of this affidavit for better appreciation of the facts and circumstances of the case. 3. I submit that the respondent filed I. A. No. __________________ of __________ in O. S. No. __________________ of __________ on the file of the Court of the Senior Civil Judge, __________________ for appointment of Commissioner for examining the handwriting expert at __________________ and the Superintendent of Passport Office at __________________ under Order XXVI Rule 1 C. P. C. , and the Court below, though having observed that the provision has no application, erroneously allowed the said application. 4.

I further submit that the respondent in O. S. No. __________________ was examined as DW-1 on __________________. The falsity of her case had been fully exposed. On seeing such evidence and developments in the matter, she has filed this application for appointment of Commissioner to examine two different witnesses at two different places namely at __________________ and __________________. We submit that, subsequent to her examination, the respondent managed with those witnesses and is purposefully screening them from appearing before the Court below for the purpose of giving evidence. The reasons assigned by her for the examination of those witnesses on the Commission are most unsatisfactory and do not inspire the confidence of this Hon’ble Court.

Therefore, the respondent has no right to get them examined on the Commission, by causing insurmountable and severe inconvenience and hardship to our counsel and us. 5. I submit that there are no emergent circumstances existing in the matter for such examination on Commission. This device is resorted to very cleverly to prevent us from going to either __________________ or __________________ which are far off places from the local limits. It is pertinent to submit that I have been suffering from high blood pressure and diabetes. I have been kept on a strict diet. Further, I have been suffering from a diabetic ulcer on the right foot and have been advised not to undertake any journey. 6. We further submit that __________________ is at a distance of ________ K. Ms. from my village and __________________ is at a distance of ________ K. Ms.

The presence of PW-1 is very much essential at the time of examination of the above witnesses in view of the seriousness of the allegations made. If the request of the respondent is accepted, we may not be in a position to go to the above places for the examination of the witnesses on Commission. It would further cause trouble not only to us but also to the advocates on record. We may have to incur heavy expenditure for visiting __________________ and __________________ where the witnesses are stationed. 7. In view of the serious objections filed to the report of the handwriting expert in O. S. No. __________________, the examination of such witness at __________________ alone is desirable. Moreover, the respondent is a resident of __________________ city and the 2nd witness is also at __________________.

Under the above said circumstances, we have got our own doubts about the safety of our lives. 8. Even though Ex. B-16 passport of DW-1 has been summoned from the Court of the Judicial First Class Magistrate, __________________ to the Court below, the respondent has made baseless allegations for the missing of page Nos. 5, 6, 15 and 16 attributing collusion between us and the Court staff. Such has been the conduct of the respondent. 9. We submit that we have a strong prima facie case and the balance of convenience is in our favour, and in the said circumstances, if an interim stay of all further proceedings in O. S. No. __________________ on the file of the Court of the Senior Civil Judge, __________________ is not granted, we will be put to irreparable loss, heavy injury and grave hardship.

Under these circumstances, it is just and necessary in the interests of justice that this Hon’ble Court may be pleased to grant an interim stay of all further proceedings in O. S. No. __________________ on the file of the Court of the Senior Civil Judge, __________________ pending disposal of the above Civil Revision Petition and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ................................................................. Deponent Before me Advocate, Hyderabad Solemnly and sincerely affirmed at __________________ on this the ________ day of __________, 20____ and signed his name in my presence. MEMORANDUM OF CIVIL MISCELLANEOUS PETITION (Under Section 151 of C. P. C. ) IN THE HIGH COURT OF JUDICATURE OF ____________________ AT ____________________ C. M. P. No. ________ of ________ 20______ in C. R. P.

No. ________ of 20______ Between : ____________________ ____________________ ...... Petitioner/Petitioners and ____________________ ____________________ ...... Respondent/Respondents For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to grant an interim stay of all further proceedings in O. S. No. __________________ on the file of the Court of the Senior Civil Judge, __________________ pending disposal of the above Civil Revision Petition and pass such other and further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Place: __________________ Dated: __________________ Advocate for Petitioner