Appl. Under Sec.10 CPC - For Stay of Suit 2021

AFFIDAVIT
 An Affidavit is a statement or declaration in writing

made on oath or affirmation. (Sworn Statement)
 Any person competent to contract can give his
affidavit.
Meaning: In its original Latin meaning, the term
affidavit gives the meaning : “ He has made on oath”.
Meaning in Law: “An affidavit is a declaration as to
facts, made in writing sworn before a person having
authority to administer on oath”.
 Any particular fact or facts may be proved by Affidavit.
 The person making the affidavit may be cross-
examined with respect to it.
• Ordinarily interlocutory applications such as an
application for attachment before judgment, interim
injunction, appointment of receiver, app0intment of
commissioner etc. can be decided on affidavits.
• Affidavits are also made in criminal proceedings,
Writs in certain occasions.
• Affidavit is (legal) a signed document wherein an
affiant (a person who makes an affidavit) makes a
sworn statement while deposition is (legal) the
process of taking sworn testimony out of court.
Rules for drafting of Affidavits:
 Every affidavit should be drawn up in the first person.
 Affidavit should be titled.
 Irrelevant allegation should not be written.
 The person making the affidavit should be fully
described.
 It should be divided in paragraphs.
 Where the declarant in any affidavit speaks to any fact
within his own knowledge, he must do so directly and
positively, using the words, ‘I affirm’ or ‘ I make oath
and say’.
 Verification of Affidavits.
APPLICATION FOR STAY OF SUIT
IN THE COURT OF AT .
I.A.No. of 2021
in
O.S.No. 144 of 2021
Between:
AB .. Petitioner (Defendant)
and
CD .. Respondent (Plaintiff)
AFFIDAVIT FILED BY THE PETITIONER (DEFENDANT)

UNDER SEC.139 OF THE CODE OF CIVIL PROCEDURE
1. I, AB son of XY, Hindu, aged years, business, resident of
D.No. _______, do hereby sincerely and solemnly affirm and
state on oath as follows:
2. I am the petitioner herein and the defendant in the suit.
I am well acquainted with all the facts of this case.
3. The present suit has been filed for recovery of arrears of
rent for the years 2018 to 2020. I am contesting the suit
on the ground that the plaintiff is not my landlord and
there is no relationship of landlord and tenant. Earlier
to the suit, the respondent has filed the suit O.S.No. 218
of 2020 for recovery of the rent for the period of 2015 to
2017, wherein I raised a similar contention. But the
Honorable court, overruling my contention decreed the
suit. I have filed an appeal against the said decree as
A.S.No. 19/2021 in the Court of District Judge and the
same is pending. The matter in issue in both the earlier
suit and the present suit is the same and the parties are
also the same, litigating under the same title.
4. It is therefore, necessary in the interest of justice that
the Honorable Court may be pleased to stay this suit
pending disposal of A.S.No.19/2021 on the file of the
District Judge, _______and pass such other order or
orders as the Honorable Court may deem fit in the
circumstances of the case.
Deponent
Solemnly affirmed and signed before me this ____day of
______2021 at ______.
Advocate for Petitioner.
IN THE COURT OF AT .
I.A.No. of 2021.
in
O.S.No. 144 of 2021
Between:
AB .. Petitioner (Defendant)
and
CD .. Respondent (Plaintiff)
PETITION FILED ON BEHALF OF THE PETITIONER UNDER SECTIONS
10 AND 151 OF THE CODE OF CIVIL PROCEDURE:
For the reasons stated in the accompanying affidavit, the
petitioner prays that the Honorable Court may be pleased to
stay the trial of the suit O.S.No. 144 of 2021, pending disposal
of the Appeal A.S.No. 19/2021 on the file of the District Judge,
______; and to pass such other just and necessary
order or orders as the Honorable Court deems fit and
proper in the circumstances of the case.
Station:
Date: Advocate for Petitioner.
Record work :
1. Application for leave to file suit against Government
without issuing suit notice – Under Sec.80(2) of the
CPC.
2. Application for consolidation of suits – Sec. 151 CPC
3. Application for getting the disputed document
examined by a handwriting expert – Sec.151
4. Application to amend the plaint in the suit filed
against the dead person – Sec. 153

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AFFIDAVIT

 An Affidavit is a statement or declaration in writing

AFFIDAVIT FILED BY THE PETITIONER (DEFENDANT)

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