APPLICATION FOR URGENT AND EARLY HEARING - RANBIR SINGH & ANR Vs CHANCHAL KATARIA & ORS - CIVIL SUIT NO. 905 OF 2023
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
I N D E X
S. No. | PARTICULARS | Pg. No. |
APPLICATION FOR URGENT AND EARLY HEARING ALONG WITH SUPPORTING AFFIDAVITS | ||
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 ALONG WITH THE SUPPORTING AFFIDAVITS | ||
APPLICATION UNDER ORDER 26 RULE 9 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 ALONG WITH THE SUPPORTING AFFIDAVITS | ||
AFFIDAVIT UNDER SECTION 63(4) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 ON BEHALF OF THE PLAINTIFFS | ||
ANNEXURE - 1: True Copy of Sale Deed dated 10.02.2021 | ||
ANNEXURE- 2: True Copy of Medical Reports of Applicant i.e Wazir Singh | ||
ANNEXURE-3: True Copy of Medical Reports of Applicant's wife i.e Surjeet Kaur | ||
ANNEXURE- 4: True Copy of Photographs of Defendant’s Son tampering with the water tank and blocking the water supply passage | ||
ANNEXURE- 5: Copy of the Police Complaint dated 25.11.2024 was sent to SHO, ACP and DCP of P.S VikasPuri, New Delhi. |
Place: New Delhi
Date:
Through Counsel for the Plaintiffs
Dr Anupam Kumar Mishra (D/4972/2015)
Lexis and Company
B1-639/4, 2nd Floor,
Janakpuri,
New Delhi – 110058
9051112233
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
APPLICATION FOR URGENT AND EARLY HEARING READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ALONG WITH SUPPORTING AFFIDAVITS
MOST RESPECTFULLY SHOWETH:
- That the Applicant/Plaintiff is a Senior Citizen aged 81 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, along with his family. The Applicant's wife is a heart patient and requires uninterrupted access to basic amenities, including water supply, electricity etc for her proper treatment and well-being.
- That the present application seeks to restrain the Defendants from committing acts of illegally blocking the passage to the water supply from the tank, which has resulted in the complete disruption of water supply to the Plaintiff's residence, as well as to secure the protection of the Plaintiff’s rights.
- That the Plaintiff has filed the accompanying application under Order XXXIX Rules 1 & 2 read with Section 151 of CPC, 1908, seeking urgent ad-interim reliefs.
- That the Applicant has filed the present application seeking relief under Order XXXIX Rules 1 & 2 read with Section 151 of CPC, 1908 against the Defendant and his son for illegally blocking the passage to the water tank, which has resulted in the complete disruption of water supply to the Applicant's residence.
- That the blockage of the water tank passage has deprived the Applicant and his family of access to basic water supply, thereby violating their Fundamental Rights, including the right to life under Article 21 of the Constitution of India.
- That on 19.11.2024, the Applicant and his family made a distress call to the police helpline (100) to seek immediate assistance, but no action was taken by the appropriate Authorities. It is pertinent to mention that the Applicant registered a Police Complaint on 25.11.2024 to the SHO, DCP, and ACP of P.S VikasPuri New Delhi 110018 requesting intervention against the illegal actions of the Defendant and his son.
- That the Applicant, being a Super Senior Citizen and his family, including his ailing wife, are suffering immensely due to the lack of water supply caused by the actions of the Defendant and his family. The present condition demands the urgent intervention of this Hon’ble Court.
- That the Applicant has also filed an application under Order XXVI Rule 9 of CPC read with Section 151 of CPC, 1908, seeking the appointment of a Local Commissioner to inspect the water tank area and ascertain the obstruction caused by the Defendant’s son, which is leading to the blockage of water supply to the Applicant’s house.
- That the matter is of utmost urgency, and any delay in the hearing may lead to irreparable harm and hardship to the Applicant and his family.
PRAYER
In view of the foregoing, the Plaintiff most respectfully prays that this Hon’ble Court may kindly:
- Allow this application and fix an urgent date for the hearing of the Plaintiff’s application under Order 39 Rules 1 & 2 of the CPC, 1908.
- Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.
Place: New Delhi
Date:
Through Counsel for the Plaintiffs
Dr Anupam Kumar Mishra (D/4972/2015)
Lexis and Company
B1-639/4, 2nd Floor,
Janakpuri,
New Delhi – 110058
9051112233
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
A F F I D A V I T
I, SHRI WAZIR SINGH, S/o DIWAN SINGH, aged 81 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am Plaintiff in the above-noted suit and I am fully conversant with the facts of the suit and therefore I am competent to sign and swear this affidavit.
- That the contents of the accompanying Application for Urgent Hearing are true and correct to my knowledge and the same has been drafted under my instructions by my counsel. The same may be read as part and parcel of this affidavit and has not been repeated for the sake of brevity.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
A F F I D A V I T
I, SHRI RANBIR SINGH, S/o WAZIR SINGH, aged 58 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am Plaintiff in the above-noted suit and I am fully conversant with the facts of the suit and therefore I am competent to sign and swear this affidavit.
- That the contents of the accompanying Application for Urgent Hearing are true and correct to my knowledge and the same has been drafted under my instructions by my counsel. The same may be read as part and parcel of this affidavit and has not been repeated for the sake of brevity.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 ALONG WITH THE SUPPORTING AFFIDAVITS
MOST RESPECTFULLY SHOWETH:
- That the Plaintiff/Applicant is a law-abiding citizen of India and has filed the present suit against the Defendants for Declaration and Permanent & Temporary Injunction to the suit property, situated at G-26, Plot No.26, Block-G, VikasPuri, New Delhi-110018 and having clean antecedents, and are reputed persons residing as an ex-president of the Society at G-26, Vikaspuri 110018 and are related to each other as Plaintiff No.1 is the son of the Plaintiff No.2.
- That the Plaintiff No.1 is the lawful owner of the Property bearing no. G-26, Plot No.26, Block-G, VikasPuri, New Delhi-110018 and is currently residing along with Plaintiff No.2 and other family members at the above-said property consisting of Parking on the Ground Floor and 4 Residential Floors consisting of Upper Ground Floor, First Floor, Second Floor and Third Floor.
- That due to the financial urgency that occurred after the COVID-19 Pandemic the Plaintiff No.1 sold the 3rd Floor of the said property to the Defendant No.1 and Defendant No.2 vide Sale Deed executed on 10.02.2021. (A photocopy of the Sale Deed is attached herewith as Annexure-1)
- That as per the sale deed Date 10.02.2021 the Plaintiff No.1 & Defendant No.1 along with Defendant No.2 agreed with the transfer of rights of ownership and possession of the 3rd Floor with Roof/Terrace Rights of hold build-up property measuring 160 sq, mtrs, with a common entrance, common Lift (Stilt to the third floor) and Common rights to use all other available facilities.
- That it is pertinent to mention that as per the Clause 15 of the said Sale Deed that the “other occupants of the said building can go to the roof of the top floor for Installation and maintenance of water tank and T.V., Dish Antenna and cleaning of Water Tank in reasonable hours” and also as per the Clause 16 of the sale deed it is also mentioned that the portion like “the staircase, passage, entrance gates and all other services, facilities like draining, sewage pipes/channels, main holes, ventilators shall remain common for use of the Plaintiffs and other occupants of the building”.
Clause 22 of the Sale Deed “That there is lift in the above said building which will be used by the occupants of Upper Ground, First, Second and Third Floor, however the maintenance replacement, repairing charges etc, and electricity bills charges shall be paid as 25% undivided share paid by the vendees and remaining 75% undivided share paid by others occupants of upper ground floor, first floor and Second floor of the building”.
Clause 23 of the Sale Deed “Parking area in front of stairs/left portion will be used exclusively by the owner of the upper ground floor and the remaining area of stilt will be used by the owners of the first floor second floor and third floor equal lively and peacefully without causing any problem to anyone”.
- The Defendants, with malicious intent, have unlawfully restricted the Plaintiffs access to the terrace for inspecting the water tank area, despite the explicit terms of the Sale Deed stating that the staircase, passage, entrance gates, and all other services and facilities, including draining, sewage pipes, channels, manholes, and ventilators, shall remain common for use by all occupants of the building. This deliberate act not only violates the mutually agreed terms but also aims to harass the Plaintiffs and cause unnecessary hardship, thereby infringing upon their legal and fundamental rights.
- That the behaviour of the Defendants started becoming intolerable as the Defendant persons became irresponsible and negligent towards their duties, liabilities and responsibilities as agreed during the signing of the Sale Deed.
- That the Defendant’s son, with malicious intent, has illegally blocked the passage to the water tank area, causing complete disruption of water supply to the Plaintiff’s residence. This deliberate act has left the Plaintiff and his family, which includes Senior Citizens, which is creating unbearable hardships to the Applicant i.e Super Senior Citizen.
- That the Plaintiff, Wazir Singh, is a Super Senior Citizen, and his wife, Mrs. Surjeet Kaur, is a heart patient undergoing treatment at Primus Super Speciality Hospital. The deprivation of basic water supply poses severe risks to their well-being and proper care. (A True Copy of the Medical Reports of Wazir Singh and Surjeet Kaur is attached herewith as Annexure- 2 & 3).
- That such an act violates the fundamental right to life under Article 21 of the Constitution of India, depriving the Plaintiff and his family of basic amenities. That the Applicant submits that the photographs clearly depict the Defendant’s son engaging in illegal activities that resulted in the obstruction of the water supply to the Plaintiff’s residence. These photographs are crucial in establishing the acts of tampering and blocking carried out by the Defendant’s son, which have led to the disruption of essential water supply to the Plaintiff’s residence. (A True Copy of the Photographs of Defendant’s Son tampering with the water tank and blocking the water supply passage is attached herewith as Annexure- 4).
- That on 19.11.2024, the Plaintiff and his family called the police by dialling 100 to report the Defendant’s illegal actions. It is pertinent to mention that, no further action was taken by the concerned police officials. Subsequently, the Plaintiff registered a police complaint on 25.11.2024 to the SHO, DCP, and ACP of VikasPuri, New Delhi, seeking intervention but no effective measures have been taken yet. That the Plaintiffs, after facing continuous atrocities by the Defendants, were left with no other option than to involve police officials and thereafter, the Plaintiff No.2 had filed a police complaint dated 25.11.2024 at PS- Vikaspuri (A True Copy of the Police Complaint is attached herewith as Annexure-5).
- That it is evident that the Defendant and his family are deliberately harassing the Plaintiffs despite an ongoing suit before this Hon’ble Court. It is pertinent to mention that an immediate intervention is necessary to prevent further irreparable harm to the Plaintiff and his family. The Plaintiff, a senior citizen residing with his family, is enduring severe distress due to the Defendants deliberate actions of blocking access to the water tank, disrupting their essential water supply. This malicious act not only violates the Plaintiffs fundamental right to life under Article 21 of the Constitution but also poses serious risks to their health and well-being, particularly for the elderly and a heart patient in the household. Despite previous complaints and the matter being sub judice, the harassment persists, leaving the Plaintiffs with no choice but to seek urgent judicial relief to restore water supply, prevent further tampering, and protect their basic rights and dignity.
- That the deliberate blocking of the water tank passage by the Defendant’s son has completely disrupted the water supply to the Plaintiff’s residence, which is a basic necessity. The Plaintiff and his family are suffering immense physical and mental agony due to the deprivation of water.
- That the Plaintiff is a Super Senior Citizen and a heart patient, whose health and well-being are seriously jeopardised by the actions caused by the Defendants.
- That the Defendant’s actions constitute harassment and an infringement of the Plaintiffs fundamental rights, despite the matter already being sub judice before this Hon’ble Court.
- That the Appointment of a local commissioner under Order XXVI Rule 9 of CPC is crucial to inspect the water tank area and verify the Defendant’s illegal actions, ensuring accountability and preventing further disruption.
- That the Plaintiffs are enduring irreparable harm and immense mental agony due to the deprivation of water, a fundamental necessity for life, caused by the deliberate and malicious obstruction by the Defendants. This deprivation has disrupted their daily living, compromised their dignity, and severely impacting the health of Plaintiff No.2, a super senior citizen, and his wife, a heart patient, who are particularly vulnerable to the consequences of water scarcity. The mental distress caused by this harassment is compounded by the Defendants malicious intent, creating a hostile environment that violates the Plaintiffs fundamental rights under Article 21 of the Constitution. The physical, emotional, and financial strain inflicted upon the Plaintiffs, coupled with the deliberate nature of the Defendants actions, highlight the urgency of judicial intervention to prevent further irreparable harm and uphold justice.
- That immediate interim relief is required to restore water supply to the Plaintiff’s residence. It is also necessary to ensure that no further tampering occurs with the water tank area by the Defendants in future.
- That this application is being filed bona fide and in the interest of justice.
P R A Y E R
In view of the above facts and circumstances, the Plaintiff/Applicant most respectfully prays that this Hon’ble Court may kindly:
- Pass an Ad-interim injunction under Order 39 Rules 1 & 2 read with Section 151 of the CPC, 1908, restraining the Defendants/Respondents restraining the Defendant and his family from blocking the passage to the water tank or disrupting the water supply to the Plaintiff’s residence.
- Pass an Order by appointing a Local Commissioner under Order XXVI Rule 9 read with Section 151 of the CPC, 1908 to inspect the water tank area and submit a detailed report on the Defendant’s illegal actions and their impact on the water supply.
- That the Hon’ble Court may allow immediate repair or replacement of the water tank under the supervision of the Local Commissioner appointed by the Hon'ble Court.
- Pass an Order allowing the installation of a CCTV camera, solely focusing on the water tank area, to monitor any further tampering by the Defendant or his family.
- That the Hon’ble Court may be pleased to allow the Plaintiff to construct a fence or barrier around the water tank area in the future, in order to prevent any further tampering or obstruction of the water supply by the Defendant or his family.
- Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice and equity.
Place: New Delhi
Date:
Through Counsel for the Plaintiffs
Dr Anupam Kumar Mishra (D/4972/2015)
Lexis and Company
B1-639/4, 2nd Floor,
Janakpuri,
New Delhi – 110058
9051112233
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
A F F I D A V I T
I, SHRI WAZIR SINGH, S/o DIWAN SINGH, aged 81 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am Plaintiff in the above-noted suit and I am fully conversant with the facts of the suit and therefore I am competent to sign and swear this affidavit.
- That the contents of the accompanying Application Under Order 39 Rule 1 and 2, Code of Civil Procedure, 1908 are true and correct to my knowledge and the same has been drafted under my instructions by my counsel. The same may be read as part and parcel of this affidavit and has not been repeated for the sake of brevity.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
A F F I D A V I T
I, SHRI RANBIR SINGH, S/o WAZIR SINGH, aged 58 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am Plaintiff in the above-noted suit and I am fully conversant with the facts of the suit and therefore I am competent to sign and swear this affidavit.
- That the contents of the accompanying Application Under Order 39 Rule 1 and 2, Code of Civil Procedure, 1908 are true and correct to my knowledge and the same has been drafted under my instructions by my counsel. The same may be read as part and parcel of this affidavit and has not been repeated for the sake of brevity.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
APPLICATION UNDER ORDER 26 RULE 9 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 ALONG WITH THE SUPPORTING AFFIDAVITS
MOST RESPECTFULLY SHOWETH:
- That the present application has been filed by the Plaintiff for seeking appropriate reliefs against the Defendant’s illegal actions, including obstruction of the water supply to the Plaintiff’s residence, which has severely impacted the Plaintiff and his family, causing grave inconvenience and harm.
- That the Defendant’s son, with malicious intent, has blocked the water tank passage, leading to a complete disruption of water supply to the Plaintiff's residence. This act has caused immense hardship to the Plaintiff, who is a senior citizen, and his wife, who is undergoing medical treatment for a heart condition.
- That in order to ascertain the exact facts and to ensure the restoration of the water supply, it is imperative that a Local Commissioner be appointed to inspect the water tank area, assess the nature of the blockage, and report back to this Hon’ble Court.
- That the Plaintiff further seeks permission to install a CCTV camera to monitor the water tank area and prevent further tampering by the Defendant or his family. The Plaintiff submits that the camera will be installed only to focus on the water tank area, without infringing on the privacy of the Defendant’s premises.
- That the Plaintiff is seeking urgent action in this regard, as the ongoing deprivation of water supply to the Plaintiff’s residence continues to cause harm to the Plaintiff’s health and well-being.
- That the Plaintiff is entitled to seek the appointment of a Local Commissioner under Order 26 Rule 9 of the Civil Procedure Code, 1908, to inspect the water tank and ascertain the cause of the obstruction caused by the Defendant’s son.
- That a Local Commissioner’s report will provide the Hon’ble Court with critical information regarding the situation and will help in addressing the urgent need to restore the water supply.
- That there is an ongoing suit before this Hon’ble Court, and the Defendant’s illegal actions are causing continuous harm to the Plaintiff which has been caused filing for urgent hearing application before this Hon'ble Court. The appointment of a Local Commissioner is necessary for the timely resolution of this issue.
- That the installation of a CCTV camera is essential to monitor the water tank area, prevent future tampering, and ensure that the Defendant does not interfere further. The camera will be installed without violating the Defendant’s privacy.
P R A Y E R
In light of the above-mentioned facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
- Pass an Order by Appointing a Local Commissioner under Order 26 Rule 9 of the Civil Procedure Code, 1908 to inspect the water tank area and assess the extent of tampering or blockage caused by the Defendant’s son and submit a detailed report to this Hon’ble Court.
- Pass an Order by allowing the Plaintiff to install a CCTV camera focusing solely on the water tank area, for the purpose of monitoring any future tampering or obstruction of the water supply. The camera shall not infringe on the Defendant's privacy.
- Grant any other relief that this Hon’ble Court deems fit and proper in the interest of justice.
Place: New Delhi
Date:
Through Counsel for the Plaintiffs
Dr Anupam Kumar Mishra (D/4972/2015)
Lexis and Company
B1-639/4, 2nd Floor,
Janakpuri,
New Delhi – 110058
9051112233
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
A F F I D A V I T
I, SHRI WAZIR SINGH, S/o DIWAN SINGH, aged 81 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am Plaintiff in the above-noted suit and I am fully conversant with the facts of the suit and therefore I am competent to sign and swear this affidavit.
- That the contents of the accompanying Application Under Order 26 Rule 9, Code of Civil Procedure, 1908 are true and correct to my knowledge and the same has been drafted under my instructions by my counsel. The same may be read as part and parcel of this affidavit and has not been repeated for the sake of brevity.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
A F F I D A V I T
I, SHRI RANBIR SINGH, S/o WAZIR SINGH, aged 58 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am Plaintiff in the above-noted suit and I am fully conversant with the facts of the suit and therefore I am competent to sign and swear this affidavit.
- That the contents of the accompanying Application Under Order 26 Rule 9, Code of Civil Procedure, 1908 are true and correct to my knowledge and the same has been drafted under my instructions by my counsel. The same may be read as part and parcel of this affidavit and has not been repeated for the sake of brevity.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
AFFIDAVIT UNDER SECTION 63(4) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023
I, SHRI WAZIR SINGH, S/o DIWAN SINGH, aged 81 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am the Plaintiff in the above-mentioned suit and is conversant with the facts of the suit and competent to swear and file the present affidavit.
- That the contents of the accompanying suit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
- That I have filed this affidavit in compliance with Section 63(4) of the Bharatiya Sakshiya Athiniyam (Indian Evidence Act), 2023 as proof of the authenticity of the documents and facts presented in this present application.
- That the Plaintiff has maintained all the electronic data which consist of photographs of Defendant's son illegally tampering the water tank passage to the Plaintiff's residence which is pertaining to the present suit.
- That the Deponent hereby produce all true and hard copies of the photographs which consist of 7 pages.
- That the facts and documents and the Contents of the electronic records are identical to the mobile phone operated by the plaintiff in its normal course and primary copies are retained in its original form in my mobile phone without any distortion, whatsoever are annexed with the suit are original/certified true copies as required under the law.
- That I am fully aware that any false statement or misrepresentation made in this affidavit shall render me liable for prosecution under the relevant provisions of law.
- That the suit bears my signature and the contents are true and correct to the best of my knowledge and belief and the same be read as part and parcel of my Affidavit.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
BEFORE THE HON’BLE COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH-WEST DELHI, JUDICATURE AT DWARKA
CIVIL SUIT NO. 905 OF 2023
IN THE MATTER OF:
RANBIR SINGH & ANR …PLAINTIFFS
V E R S U S
CHANCHAL KATARIA & ORS …DEFENDANTS
AFFIDAVIT UNDER SECTION 63(4) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023
I, SHRI RANBIR SINGH, S/o WAZIR SINGH, aged 58 years, R/o 26, Upper Ground Floor, VikasPuri, New Delhi 110018, I do hereby solemnly affirm and declare as under:
- That I am the Plaintiff in the above-mentioned suit and is conversant with the facts of the suit and competent to swear and file the present affidavit.
- That the contents of the accompanying suit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
- That I have filed this affidavit in compliance with Section 63(4) of the Bharatiya Sakshiya Athiniyam (Indian Evidence Act), 2023 as proof of the authenticity of the documents and facts presented in this present application.
- That the Plaintiff has maintained all the electronic data which consist of photographs of Defendant's son illegally tampering the water tank passage to the Plaintiff's residence which is pertaining to the present suit.
- That the Deponent hereby produce all true and hard copies of the photographs which consist of 7 pages.
- That the facts and documents and the Contents of the electronic records are identical to the mobile phone operated by the plaintiff in its normal course and primary copies are retained in its original form in my mobile phone without any distortion, whatsoever are annexed with the suit are original/certified true copies as required under the law.
- That I am fully aware that any false statement or misrepresentation made in this affidavit shall render me liable for prosecution under the relevant provisions of law.
- That the suit bears my signature and the contents are true and correct to the best of my knowledge and belief and the same be read as part and parcel of my Affidavit.
DEPONENT
V E R I F I C A T I O N
Verified at New Delhi on this ………….. day of ……… 2024 that the contents of the above affidavit are true and correct to my knowledge no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NEW DELHI
DATED:
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