Precedent No. 41
AFFIDAVIT: IN A CIVIL REVISION
PETITION – SEEKING STAY
BEFORE THE HIGH COURT OF
Civil Miscellaneous Petition No of, 20
Civil Revision Petition No of
AFFIDAVIT of D/o , aged years,
now residing in……………………………………………………………………………………………..
The deponent named above hereby solemnly affirms and states as follows:—
1. The deponent is the petitioner in the Civil Miscellaneous Petition and theCivil Revision Petition referred to above. The deponent herein is well acquainted with the facts and circumstances of the case and being so, stands fully competent to swear to this affidavit. The deponent herein will be referred to as the petitioner hereinafter.
2. It respectfully submitted that the maintainability of the appeal referred to above was questioned by the petitioner vide I.A. Nobefore
the district Court on a preliminary ground. The said Court dismissed the said application by its order dated aggrieved by which the
abovementioned Revision Petition has been filed by the petitioner.
3.For the sake of brevity, the contents of the Memorandum of Civil Revision Petition may be read as part of this affidavit.
4.It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by this Hon’ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable.
5.In view of the aforementioned circumstances, it is clear that if without hearing the maintainability of the appeal, the same is allowed to be proceeded with and heard on merits, the petitioner will suffer irreparable loss and injury.
6.It is, therefore, in the interest of justice, equity and conscience that this Hon’ble Court may stay all further proceedings in the aforesaid appeal until the accompanying Civil Revision Petition is finally disposed of.
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.
Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the day of , 20
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be avoided from affidavits and only facts be stated therein.