Affidavit for Issue of Notice: Format

Precedent No. 2

AFFIDAVIT:ISSUE OF NOTICE

BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT,
E.P. No of 20
In
O.S. No of 20
Decree-Holder:
Vs.
Judgment-Debtors:
AFFIDAVIT I, ……………………….,
S/o ,………………………
aged years,
General Manager Pvt. Ltd., do hereby solemnly affirm and state as follows:—
1. I am the General-Manager of the Decree-Holder Company. I am well acquainted with the facts of the case stand fully competent and duly authorised to swear to this affidavit on behalf of the Petitioner-decree holder.
2. It is respectfully submitted that the property of the
judgment-debtors has already been attached in execution as per
the order dated I.A. No of of this Hon'ble Court. The
judgment-debtors, inspite of having
sufficient means, are deliberately not making payment in discharge of the decree-debt. It was very well possible for them to pay the decretal amount in lump sum had they wanted to do so, but are defaulting deliberately. Therefore, the best possible option to exercise in the present situation would be to bring about the sale of the judgment-debtor's attached property.
3. It is, therefore, just and necessary that this Hon'ble Court may be
pleased to bring the attached properties scheduled to the accompanying application to sale by issuing Order XXI, rule 66 notice to them.
It is verified that the facts stated above are true to the best of my knowledge, information and belief.
Sd./ Deponent
                                                   Verification I, the abovenamed deponent, verify that the contents of this affidavit are true to the best of my knowledge, belief and as per the information received by me by experts and nothing material has been concealed therefrom.
Date:
Place:
Sd./ Deponent
Signed and affirmed before my presence by the abovenamed deponent who personally known to me, on this the day of ,20
Sd./
Counsel for the deponent
Note.—Affidavit to be attested by the appropriate authority prescribed under law.

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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.

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