IN THE COURT OF HON’BLE PRINCIPAL DISTRICT
JUDGE, THIRUVALLUR
I.A.No. of 2023
in
O.S.No. 7 of 2022
(On the file of Subordinate Judge, Thiruvottriyur)
(Previously O.S.No. 12 of 2021 on the file of Additional
Subordinate Court, Ponneri)
V.DHAYALAN,
S/o. B.Venu,
No.19, Ennore Beach Road,
Chinnakuppam, Ennore,
Chennai – 600057. …Petitioner/Defendant
-Vs-
E.BASKARAN,
S/o. M.Elumalai,
No.18/35, 10th Street,
Kasipuram “B” Block,
Royapuram, Chennai – 600013. …Respondent/Plaintiff
AFFIDAVIT OF V.DHAYALAN
I, V.DHAYALAN, Son of B.Venu, Hindu, aged
about years, residing at No.19, Ennore Beach Road,
Chinnakuppam, Ennore, Chennai - 600057, do hereby
solemnly affirm and sincerely state as follows:
1. I state that I am the petitioner herein and
defendant in the above suit and as such I am well
acquainted with the facts of the case.
2. I state that I understood that the
respondent/plaintiff herein filed the above suit against me
for recovery of sum of Rs.5,00,000/- along with further
interest and the same was decreed by the Hon’ble
Subordinate Judge, Thiruvottriyur vide decree dated
11.04.2022.
3. I state that originally the above suit was filed
before the Hon’ble Subordinate Judge, Ponneri and
numbered as O.S.No. 12 of 2021 and subsequently the
same was transferred to Hon’ble Subordinate Court,
Thiruvottriyur and renumbered as O.S.No. 7 of 2022. But I
have not at all received any summons either from the
Hon’ble Court or from through any private summons in any
of the case as stated supra. On the other hand decree was
passed without hearing me.
4. I state that I came to know about the existence
of the decree dated 11.04.2022 passed in O.S.No. 7 of 2022
by the Hon’ble Subordinate Judge, Thiruvottriyur only after
receiving summons in E.P.No. 25 of 2023. Now the
respondent/defendant filed execution petition for
attachment of my property.
5. I state that I have fair chance of success if at all
I have been given opportunity to contest the above suit on
merits. Hence, I have taken steps to set aside the above
decree dated 11.04.2022 passed in O.S.No. 7 of 2022 by
the Hon’ble Subordinate Judge, Thiruvottriyur through my
counsel. I further state to substantiate my case as to the
non-service of summons and to contest the matter on
merits I am in need of copy of the plaint, plaint documents
and copy of the summons sent for service by the Hon’ble
courts.
6. I state that in the interest of justice it is just and
necessary to furnish the certified copy of the plaint, plaint
documents and copy of the summons and processes sent
for service served through Hon’ble Subordinate Court,
Ponneri in O.S.No. 12 of 2021 and in O.S.No. 7 of 22 (On the
file of Subordinate Court, Thiruvottriyur).
In the above said circumstances, I humbly pray that
this Hon’ble Court may be pleased to furnish the certified
copy of the plaint, plaint documents and copy of the
summons and processes sent for service in O.S.No. 7 of 22,
on the file of Subordinate Court, Thiruvottriyur (Previously
O.S.No. 12 of 2021 on the file of Hon’ble Subordinate Court,
Ponneri) and thus render justice.
Solemnly affirmed at Thiruvallur )(
on this 21st day of March )( BEFORE ME
2023 and signed his name in )(
my presence.
ADVOCATE :: THIRUVALLUR
IN THE COURT OF HON’BLE PRINCIPAL DISTRICT
JUDGE, THIRUVALLUR
I.A.No. of 2023
in
O.S.No. 7 of 2022
(On the file of Subordinate Judge, Thiruvottriyur)
(Previously O.S.No. 12 of 2021 on the file of Additional
Subordinate Court, Ponneri)
V.DHAYALAN,
S/o. B.Venu,
No.19, Ennore Beach Road,
Chinnakuppam, Ennore,
Chennai – 600057. …Petitioner/Defendant
-Vs-
E.BASKARAN,
S/o. M.Elumalai,
No.18/35, 10th Street,
Kasipuram “B” Block,
Royapuram, Chennai – 600013. …Respondent/Plaintiff
PETITION FILED UNDER SECTION 151 C.P.C
For the reasons stated in the accompanying affidavit,
it is therefore prayed that this Hon’ble Court may be
pleased to furnish the certified copy of the plaint, plaint
documents and copy of the summons and processes sent
for service in O.S.No. 7 of 22, on the file of Subordinate
Court, Thiruvottriyur (Previously O.S.No. 12 of 2021 on the
file of Hon’ble Subordinate Court, Ponneri) and thus render
justice.
Dated at Chennai on this 21ST day of March, 2023.
Counsel for Petitioner/Plaintiff.
IN THE COURT OF HON’BLE
PRINCIPAL DISTRICT JUDGE,
THIRUVALLUR
I.A.No. of 2023
in
O.S.No. 7 of 2022
(On the file of Subordinate Judge,
Thiruvottriyur)
(Previously O.S.No. 12 of 2021 on the
file of Additional Subordinate Court,
Ponneri)
V.DHAYALAN …Petitioner/Defendant
-Vs-
E.BASKARAN …Respondent/Plaintiff
PETITION UNDER
SECTION 151 C.P.C
M/s.R.DHANASEKAR
G.KALAIVANI
A.THAMARAISELVAN
Counsel for
Petitioner/Plaintiff.
