IN THE HIGH COURT OF JUDICATURE OF ………….
AT ………....
C.M.P. No. ……… of …………..
In
S.A. No. ………… of …………
Against
A.S. No. ………….. of ………….
In
O.S. No. ………… of ………..
Between:
A.B. … Petitioner/Appellant
And
C.D. … Respondent/Respondent
Affidavit of the petitioner/appellant
I, Mr.......………………………………..., an adult Indian inhabitant, residing at ……………….……………., do hereby solemnly and affirm and state as follows:-
1. I am the petitioner herein and the appellant in the above Second Appeal and as such I know the facts of the case.
2. I beg to submit that I have filed the suit O.S. …………………………... for permanent injunction in the Court of .............................. Additional District ........................... ……………….. restraining the respondent herein from interfering with the peaceful possession and enjoyment of the schedule land. I submit that the said plaint schedule land is assigned land by the Revenue Department to my husband on ………..……………. and patta was granted in his favour U/S........ of the Assigned Lands (Prohibition of Transfer) Act, 1977. The sale made in favour of my late husband is invalid in law and unenforceable, and as such my possession cannot be disturbed. However on erroneous considerations the suit was decreed on …………….……… by the 3rd Additional District .................. ………………… As against the said Decree and Judgment of the trial Court I filed A.S. ………………………..…………….. in the Court of the Ist Additional District Judge, ……………….. and the same was again dismissed without hearing the appellant on ………………..……………….. I submit that I am an old Harijan woman aged about ……………….… years. I was bed ridden due to serious ailment of Jaundice from the ……………………..……….. week of ………………………….. and I had been advised to take complete bed rest and treatment for ……………….……. months. Myself being a poor Harijan woman, was unable to raise the funds for filing this Second Appeal. Hence there is a delay of ……………………… days in filing this Second Appeal.
3. I subject that the delay in question is neither wilful nor negligence, but due to reasons beyond my control. I could not file this Second Appeal in time due to the bonafide reasons mentioned above. Hence the petition.
4. It is therefore expedient on the facts and circumstances stated above, the Hon’ble Court be pleased to condone the delay of days in filing the Second Appeal.
Solemnly affirmed at ……………. on this
the …………. day of ………… and signed
Deponent
Before me
Advocate...........
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