IN THE COURT OF THE SUBORDINATE JUDGE OF ………. A.S. No. ……….. of …………….

Between:
A.B. … Appellant
And
C.D. … Respondents

"SAMPLE FOR"

Affidavit filed on behalf of the appellant

I, Mr...............................…….,
S/o. ..........………………..,
an adult Indian inhabitant, cultivation, residing at ........……………………….,
do hereby solemnly affirm and state as follows:
1. I am the appellant-plaintiff in the above case.
2. I submit that I want to prefer an appeal as against the judgment in O.S. No. ……….
of ………………
3. I submit that I went to ……………………………………………. on ……………..
on my personal work. There suddenly I got malaria fever and so I was unable to move about. I was taking medical treatment at …………………………………………………………………………..…… from that day. So, I could not file the above appeal within time. I have been discharged only yesterday. The delay of …….………. days in filing the appeal is neither wilful nor wanton. I am herewith enclosing the doctor certificate also.
4. It is therefore necessary that the Honourable Court may be pleased to condone the delay in filing the appeal. Otherwise I will be put to serious and irreparable loss.
Solemnly affirmed at ……………. on this
the …………. day of ………… and signed
Deponent
Before me
Advocate............

IN THE COURT OF THE SUBORDINATE JUDGE OF ………………..

C.M.P. No. …………. of …………..
In
A.S. No. ……………. of ……………..
Between :
A.B. … Petitioner/Appellant
And
C.D. … Respondents

PETITION FILED ON BEHALF OF THE PETITIONER/APPELLANT UNDER SECTION 5 OF THE LIMITATION ACT AND SEC. 151 OF C.P.C.

That for the reasons stated in the affidavit filed herewith it is prayed that the Honourable Court may be pleased to condone the delay of …….... days in filing the appeal and pass such other orders as the Honourable Court may deem fit and proper in the circumstances of the case.
Advocate for Petitioner

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Petition Filed on Behalf of the Petitioner/appellant