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Precedent No. 1 Affidavit: Under Order Xxxix, Rule I of The Code of Civil Procedure, 1908 - Ad Interim Injunction

The plaintiff filed a lawsuit seeking to prevent the defendant from selling a property during the legal proceedings. The plaintiff had previously agreed to buy the property from the defendant, but the defendant later refused to sell. The plaintiff is currently renting and may be evicted, so fears losing housing if the defendant sells the property before the case concludes. An interim injunction is requested to prevent the property sale until the court makes a final decision, otherwise the purpose of the lawsuit would be defeated. The plaintiff argues an ex-parte injunction is justified as notice to the defendant could allow the sale to occur before it can be stopped.

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406 views2 pages

Precedent No. 1 Affidavit: Under Order Xxxix, Rule I of The Code of Civil Procedure, 1908 - Ad Interim Injunction

The plaintiff filed a lawsuit seeking to prevent the defendant from selling a property during the legal proceedings. The plaintiff had previously agreed to buy the property from the defendant, but the defendant later refused to sell. The plaintiff is currently renting and may be evicted, so fears losing housing if the defendant sells the property before the case concludes. An interim injunction is requested to prevent the property sale until the court makes a final decision, otherwise the purpose of the lawsuit would be defeated. The plaintiff argues an ex-parte injunction is justified as notice to the defendant could allow the sale to occur before it can be stopped.

Uploaded by

Razor Rock
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Precedent No.

1
AFFIDAVIT: UNDER ORDER XXXIX, RULE I OF THE CODE OF CIVIL
PROCEDURE, 1908 – AD INTERIM INJUNCTION
BEFORE THE HON’BLE SUBORDINATE JUDGE’S COURT……………..
I.A. No………………..of 20…………….
In
O.S No...................of 20
Petitioner/ Plaintiff
Vs.
Respondent/ Defendant
AFFIDAVIT of ………………., S/o …………………….., aged........................,
residing at …………………
The deponent abovenamed hereby solemnly affirms and states as follows:—
1. The deponent is the petitioner in the accompanying application and the
plaintiff in the suit referred to above and being well-versed with the facts
and circumstances of the case, the deponent is fully competent to
swear to this affidavit.
2. The suit is filed, inter alia, for a decree for permanent prohibitory
injunction restraining the respondent from disposing of the suit property,
bearing no........................, during the pendency of the suit.
3. On..................., the respondent had agreed to sell the aforesaid property
to the deponent, for a sum of Rs.………….. Further, on , a sum of
Rs………….. was paid to the respondent by the deponent as earnest
money and the respondent promised to handover the possession of the
said premises to the deponent on................However, when the deponent
visited the respondent on the said date, the respondent categorically
refused to sell the suit property to the deponent and told the deponent
to regard the agreement to sell the suit property as cancelled.
4. In view of the malicious and dishonest intention of the respondent, the
deponent was forced to file the suit referred to above.
5. Further, when the deponent came to know of the respondent’s ongoing
negotiations with prospective buyers with a view to dispose of the suit
property to a third party, the deponent had no option but to file the
accompanying application against the respondent.
6. The facts disclosed in the plaint and in the affidavit and the documents
produced by the petitioner make it abundantly clear that the petitioner
has a strong prima facie case.
7. It is respectfully submitted that if this Hon’ble Court grants the injunction
sought, the respondent will not be harmed in any manner whatsoever
since the respondent always intended to sell the suit property. On the
other hand, if the said injunction is not granted in favour of the
deponent, the deponent will suffer irreparable injury incapable of being
adequately remedied by way of damages as the deponent is presently
a tenant in the house bearing no… and he has already been asked to
vacate the
said premises by… Therefore, if the interim injunction sought in the
accompanying application is not granted by this Hon’ble Court, the
deponent and his family will have nowhere to go in.
8. If an ex-parte order of injunction is not granted and this Hon’ble Court
orders notice in the injunction application, the injunction will be
rendered infructuous and the purpose of the suit will be entirely defeated.
9. It is therefore, just and necessary that this Hon’ble Court may be
pleased to pass an ex-parte order of an interim injunction restraining the
respondent herein or his employees, servants, agents or
representatives from disposing of the suit property to a third party
during the pendency of this suit.
Sd./
Deponent.
Verification
Verified at………………….on this the………………day of…...........,
20…..........., that the contents of the above affidavit are true and correct to the best
of my knowledge, belief and information and nothing material has been concealed
therefrom.
Sd./
Deponent.
Solemnly affirmed and signed before me by the deponent, who is 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. It is reminded that language of the affidavit should preferably be in ‘first
person’.

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