IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, DWARKA COURTS, DELHI
CIVIL SUIT NO. OF 2022
IN THE MATTER OF:
SH. _____,
S/O:- ________,
R/O: - ________, Delhi PLAINTIFF
VERSUS
SH. _______
S/O:- _____
R/O _________, Delhi DEFENDANT
APPLICATION UNDER SECTION 5 OF LIMITATION ACT
Most Respectfully Showeth:
1. That the aforecaptioned matter is pending adjudication and is fixed for hearing
on ____(date).
2. That the Honb’le Court has directed the Plaintiff to file appropriate Application
to bring on record the Legal Representatives of the Plaintiff vide oreder date
___, as the Plaintiff has expired on ___(date).
3. That however the said Application could not be filed within the Limitation
period of 90 days and thus the Applicant craves leave from the Court to file
the same after the expiry of Limitation period which expired on date ____.
4. The Applicant had to undergo a surgery for knee replacement and was thus
hospitalised for the same from ___ to ___ (dates)
5. Thus there was a delay of 39 days in filing the Application under Order 22,
CPC to bring the Legal Representatives of Plaintiff on record.
6. The delay was neither intentional nor deliberate, but due to the aforesaid
reason,
7. That grave prejudice would be caused to the Applicant in event the present
Application is not allowed.
Prayer:
In view the aforesaid facts and circumstances, it is, therefore, most
respectfully prayed that this Hon’ble court may kindly be pleased to:
a. Condone the delay of 39 days in filing the Application under Order
22, of CPC, to bring the Legal Representatives of Plaintiff on
record;
b. Pass any other or further relief(s) which this Hon’ble court may
deem fit and proper.
Delhi Plaintiff
Dated Through
Advocate
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, DWARKS COURTS, DELHI
CIVIL SUIT NO. OF 2022
IN THE MATTER OF:
SH. _____,
S/O:- ________,
R/O: - ________, Delhi PLAINTIFF
VERSUS
SH. _______
S/O:- _____
R/O _________, DELHI DEFENDANT
AFFIDAVIT
I, A s/o ____ aged about …. Yrs. R/O _______, Delhi do hereby solemnly affirm and
declare as under:-
1. That the deponent is the plaintiff in the above noted suit and is well
conversant with the facts and circumstances of the present suit and
hence competent to swear this affidavit.
2. That the accompanying Application under Section 5 of Limitation Act has
been drafted by my counsel on my instructions. That the contents of the
Application have been read over and explained to me in my vernacular
language.
3. The contents of the Application may be read as part and parcel of this
Affidavit and are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at Delhi on this day of November, 2022 that the contents of this affidavit are
true and correct to the best of my knowledge and belief and nothing material has
been concealed therefrom.
DEPONENT
