IN THE HIGH COURT OF THE JUDICATURE OF ………………… AT ……………………

C.M.P. No……….. of …….. 20………..
in
C.M.A. No………… of 20……..
Between :
……………………..
…………………… ……Petitioner/Petitioners
and
……………………..
……………………. ….Respondent/Respondent

Affidavit

I, ……………………………………………………………………..……,
S/o……………………………………….. ………….……………….., Hindu,
aged about………………………………………………………… years,
Occupation : …………………………………….………………. ,
residing at ……………………………………………………..….
Quarters,……………………………………….. ………………, do hereby solemnly affirm and state on oath as follows :
1. I am the appellant herein and as such I am well acquainted with the facts of the case.
2. I submit that I filed O.P.No………………………………... on the file of the Principal Subordinate Judge, ……….,………….. against the respondent/wife and renumbered as O.P.No…………………………… on the file of the Family Court, ……………………..……….. I submit that the Court below erroneously had dismissed my O.P.No…………………………………… seeking divorce and aggrieved by the same I am preferring this appeal.
3. I further submit that even after dismissal of the above O.P. certain well wishers of our family prevailed upon me to have amicable settlement in this matter and when I have been sincerely trying for the same, ultimately I was informed only as on …………………………………. by my well wishers that there is no possibility of amicable settlement.
4. I also submit that my efforts to have some settlement in this matter there was delay of ……….…… days in presenting this appeal. The delay is neither willful nor wanton but for the reasons stated above.
It is therefore prayed that this Hon’ble Court may be pleased to condone the delay of …………... days for presenting the appeal and pass such other suitable orders in the interests of justice.
Deponent
Before me
Solemnly and sincerely affirmed at …………..
on this the ………….. of ……. …… and
signed his name in my presence
Advocate, ……………

MEMORANDUM OF CIVIL MISC. PETITION

(Under Section 5 of the Limitation Act R/W. 151 C.P.C.)

IN THE HIGH COURT OF JUDICATURE OF ……………… AT…………….

C.M.P. No……….. of …….. 20………..
in
C.M.A. No………… of 20……..
Between :
…………………
………………… ……Petitioner/Petitioners
And
……………………..
……………………. ….Respondent/Respondent
For the reasons stated in the accompanying affidavit it is therefore prayed that this Hon’ble Court may be pleased to condone the delay of …………… days for presenting the appeal and pass such other order or orders in the interest of justice.
Place :……….
Dated :
Advocate for Petitioners
*

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.

Affidavit - Miscellaneous-430: Format