Precedent No. 36

AFFIDAVIT: REMOVAL OF A PARTY FROM

THE APPEAL

IN THE HON’BLE CITY CIVIL COURT
In
Appeal No of 20
Appellants:
Vs.
Respondent:
                                                                                    AFFIDAVIT
I, ………………………
S/o ………………………..,
Aged_____________________ years,
Presently and permanently residing in ………………………………………………………………… , do hereby solemnly affirm and declare as follows:—
I am the appellant in the appeal referred to above. I am well conversant with the facts and circumstances of the present case and I am competent to swear to this affidavit.
It is submitted that my name has been given as appellant No. 2 in the Memorandum of Appeal in the appeal referred to above. However, I never
approached or even authorised the counsel for filing any
appeal on my behalf nor have I ever executed any vakalatnama in his favour. I have not even authorised my mother (appellant No.1) in this behalf.
It is only from the respondent in the appeal referred to above that I came to learn about the filing of the said appeal. There is no denying the fact that I was one of the parties to the suit which was decided against the 1st appellant and me, but I had given up the idea of preferring an appeal against the said decision. I had long conveyed the said idea to the respondent and even to the 1st appellant herein.
Most apparently, the 1st appellant continues to nurse feelings of hatred and enmity against the respondent and intends to drag me into the puddle. However, I categorically refuse to accede to such unauthorised and illegal induction.
It is most respectfully submitted that I am not at all interested in conducting or prosecuting the appeal which has been filed on my behalf without my consent, knowledge or approval.
At the same time, since the 1st appellant is my mother, I don’t wish to take any further action to be taken against her for having conducted herself in this manner.
In view of the aforesaid circumstances, it is just and necessary that this Hon’ble Court may be pleased to delete my name from the list of parties as prayed in the accompanying application.
SdJ 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.
SdJ Deponent.
Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the day of ,20
SdJ
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed under law. If possible, prayer should be avoided and removed from affidavits.