IN THE COURT OF THE SUBORDINATE JUDGE OF ……….
A.S. No. ……….. of …………….
Between:
A.B. … Appellant
And
C.D. … Respondents
Affidavit filed on behalf of the appellant
I, Mr………………………….…….,
S/o. ……….………………..,
an adult Indian inhabitant, cultivation, residing at ……..……………………….,
do hereby solemnly affirm and state as follows:
1. I am the appellant-plaintiff in the above case.
2. I submit that I want to prefer an appeal as against the judgment in O.S. No. ……….
of ………………
3. I submit that I went to ……………………………………………. on ……………..
on my personal work. There suddenly I got malaria fever and so I was unable to move about. I was taking medical treatment at …………………………………………………………………………..…… from that day. So, I could not file the above appeal within time. I have been discharged only yesterday. The delay of …….………. days in filing the appeal is neither wilful nor wanton. I am herewith enclosing the doctor certificate also.
4. It is therefore necessary that the Honourable Court may be pleased to condone the delay in filing the appeal. Otherwise I will be put to serious and irreparable loss.
Solemnly affirmed at ……………. on this
the …………. day of ………… and signed
Deponent
Before me
Advocate…………
IN THE COURT OF THE SUBORDINATE JUDGE OF ………………..
C.M.P. No. …………. of …………..
In
A.S. No. ……………. of ……………..
Between :
A.B. … Petitioner/Appellant
And
C.D. … Respondents
PETITION FILED ON BEHALF OF THE PETITIONER/APPELLANT UNDER
SECTION 5 OF THE LIMITATION ACT AND SEC. 151 OF C.P.C.
That for the reasons stated in the affidavit filed herewith it is prayed that the Honourable Court may be pleased to condone the delay of ………. days in filing the appeal and pass such other orders as the Honourable Court may deem fit and proper in the circumstances of the case.
Advocate for Petitioner