IN THE COURT OF SENIOR CIVIL JUDGE
Suit No………….
M/s………………
Through Shri…………Director) ………………. Plaintiff
Versus
M/s………………..
(Through Shri……………Director) ………………. Defendant
APPLICATION UNDER ORDER 37, RULE 3(5) OF C.P.C. FOR LEAVE TO DEFEND
Sir,
The defendant above named respectfully submits as under:-
1. That the defendant has received the summons of the aforesaid suit for recovery under Order 37, CPC on……….and the defendant prefers the instant leave to defend application seeking unconditional leave to defend inter-alia on the following grounds:
(a) That the suit as framed and filed is devoid of any merit and is nothing but a concoction of facts as no amount whatsoever is due against the answering defendant to the plaintiff and further, as a matter of fact, a sum of Rs……….is due to the defendant from the plaintiff for which the defendant will file the counter claim alongwith written statement.
(b) That the plaintiff by filing the instant suit wants to take the benefit of his own wrongs as the suit is false to the knowledge of plaintiff himself as a sum of Rs……….became due to the defendant from the plaintiff and in order to pressurize the defendant not to lay his claim to the said amount, the plaintiff has filed the instant suit.
(c) That the details of the amount due to the defendant from the plaintiff are given below:
……………………………………………………………………………..
……………………………………………………………………………..
……………………………………………………………………………..
(d) That the defendant will be able to produce his evidence at the trial in case the unconditional leave to defend application is granted to the defendant, as the claim of the plaintiff is false, frivolous and concocted.
(e) That the suit even otherwise is false, frivolous and is of no consequence.
It is, therefore, prayed that unconditional leave to defend may be granted to the defendant.
Defendant
Through
Counsel
Note:- We file this application along with affidavit. The format of affidavit is given below.
IN THE COURT OF SENIOR CIVIL JUDGE
Suit No………….
M/s………………
Through Shri…………Director) ………………. Plaintiff
Versus
M/s………………..
(Through Shri……………Director) ………………. Defendant
AFFIDAVIT
Affidavit of Shri………
The Deponent do hereby solemnly affirm and declare as under:-
1. That the accompanying application has been drafted by my counsel as per my instructions and, statement of facts made therein is correct to my own knowledge and, statement of law made therein is correct as per information received and believed to be correct.
2. That the Deponent has received the summons of the aforesaid suit for recovery under Order 37, CPC on……….and the Deponent prefers the instant leave to defend application seeking unconditional leave to defend inter-alia on the following grounds:-
(a) That the suit as framed and filed is devoid of any merit and is nothing but concoction of facts as no amount whatsoever is due against the Deponent to the plaintiff and further as a matter of fact a sum of Rs……….are due to the Deponent from the plaintiff for which the Deponent will file the counter claim alongwith written statement.
(b) That the plaintiff by filing the instant suit wants to take benefit of his own wrongs as the suit is false to the knowledge of plaintiff himself as a sum of Rs……….became due to the Deponent from the plaintiff and in order to pressurize the Deponent not to lay his claim to the said amount, the plaintiff has filed the instant suit.
(c) That the details of the amount due to the Deponent from the Plaintiff are given below:
………………………………………………………………….
………………………………………………………………….
(d) That the Deponent will be able to bring his evidence at the trial in case the unconditional leave to defend application is granted to the Deponent as the claim of the plaintiff is false, frivolous and concocted.
(e) That the Deponent prays that unconditional leave to defend may be granted to the Defendant.
Deponent
VERIFICATION
Verified at……….on this…. ……day of……….that the contents of above affidavit are true to my knowledge and nothing material has been concealed therefrom.
Deponent