An Application For Appointment of A Court Commissioner-1131

 

AN APPLICATION APPLICATION FOR APPOINTMENT APPOINT MENT OF A COURT COMMISSIONER  IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE AT PUNE Civil Suit No. 500/ 2003 Shri _____  ______  _ P__S__D__

_

Plaintiff  

 _

Defend Defendant ant

Versus Shri ______ S ____ M __  ___  _ P _  __ ___ 

AN APPLICATION ON BEHALF OF THE DEFENDANT FOR APPOINTMENT APPOINTMENT OF A COURT COMMISSIONER  The defendant above-named submits this application, praying to state state as follows:

1. That the plaintiff has filed the present suit against this defendant for fixation of standard rent and recovery of possession. 2. That this defendant has accordingly filed his written statement separately and also an application for the grant of stay. 3. That this defendant respectfully submits for the kind perusal and sympathetic consideration of this Hon'ble Court that the plaintiff plaint iff says that the area occupied by and in possession possession of this defendant is 280 sqft, while the actual area is 480 sqft approximately. 4. That this defendant also submits that with a view to confirming the actual area occupied by and in possession of this defendant and also taking the measurements measurement s of the suit premises, premise s, it is indispe indispensable nsable that this Hon'ble Hon'ble Court be pleased to appoint a court commissioner. commissioner. 5. That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court by purposely purposely mentioning the wrong area area of 280 sqft instead inste ad of of the actual area of 480. sqft. 6. That this defendant submits that if this Hon'ble Court is not pleased to grant grant this application application for the appointment appointment of of a court commissioner commissioner,, this th is defend def endant ant

 

will suffer irreparable loss and damages.

7. That this defendant also submits that unless the plaintiff amends the  plaint  pla int itself itself by by ment mention ioning ing the area of the the suit area area to be 480 sqft sqft approximately, no facts will come before the Hon'ble Court. 8. That this defendant furthermore submits that if the plaintiff on his own does not amend the plaint plaint and rectify the mistake in respect of the a actual ctual area, the appointment of a court commissioner is but a must, and hence, this application. 9. That this defendant also respectfully submits for the kind consideration of this Hon'ble Court that the plaintiff through his agents on at 9.00 a.m. tried to demolish demol ish a part part of the suit suit premises premises so as to reduce reduce the same to the area from fro m 480 sqft to 280 sqft.

10. That this defendant furthermore submits submits that unless the appointment of a court commissioner is made and the exact and actual a area rea of the suit suit  premis  pre mises es cannot cannot be brough broughtt on on reco record rd of this this Hon'bl Hon'ble e Cour Court, t, and this defendant also cannot submit his say in that respect, and hence, the appointment of a court commissioner is not only essential but also in the interest of justice. 11. That this defendant submits that if no court commissioner is appointed, the defendant is afraid that the actual record and details with special reference to the area of the suit premises will never be available, and hence, for want of the facts, this defendant shall be subjected to suffer irreparable loss and damages and flagrant injustice shall also be done to this defendant for no fault on his part. 12. That this application being being chargeable with a fixed rate of court-fee, th the e same is paid herewith. 13. That this defendant, therefore, prays that this Hon'ble Court be  pleased to appoint a court commissioner commis sioner iin n the matter. 14. That this defendant submits that he is ready and willing to pay and deposit in this Hon'ble Court Cour t the necessary amount towards the expenses expenses on account of the appointment of a court commissioner.

 

15. That an affidavit in support hereof is filed herewith. Pune,

Sd/-SMP

 

DEFENDANT

 ______ ____ ___  _  Dated: ____

Sd/- xXx ADVOCATE FOR DEFENDANT

IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE AT PUNE Civil Suit No. 500/ 2003 Shri __.. P__.S__.D__.   Shri __.. S__.M__.P__.

Versus

_

Plaintiff  

_

Defendant

AFFIDAVIT

I, Shri

SMP, SMP, the present defendant, do hereby state on solemn af affirm firmatio ation n

as follows : 1. That the plaintiff has filed the present suit against this defendant for fixation of standard rent and recovery of possession. 2. That this defendant has accordingly filed his written statement separately and also an application for the grant of stay. 3. That this defendant respectfully submits for the kind perusal and sympathetic sympathe tic consideration of this Hon'ble Court that the plaintiff says that that the area occupied by and in possession of this defendant is 280 sqft, while the actual area is 480 sqft approximately. 4. That this defendant also submits that with a view to confirming the actual area occupied by by and in possession of this defe defendant ndant and also taking tak ing the measurements of the suit premises, it is indispensable that this Hon'ble

 

Court be pleased to t o appoint a court commissioner. commissioner. 5. That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court Court by purposely purposely mentioning mentioning the wrong area of 280 280 sqft instead inste ad of of the actual area of 480 sqft. 6. That this defendant submits that if this Hon'ble Court is not pleased to grant grant this application for the appointment of a court commissioner, this defendant will suffer irreparable loss and damages. 7. That this defendant also submits that unless the plaintiff amends the  plaint itself by mentioning mentioning the a area rea of the suit suit area to be 480 480 sqft approximately, no facts will come before the Hon'ble Court. 8. That this defendant furthermore submits that if the plaintiff on his own does not amend the plaint and rectify the mistake in respect of the actual area, the appointment appointment of a court court commissioner commissioner is but a must , and hence, thi s application. 9. That this defendant also respectfully submits for the kind consideration of this Hon'ble Court that the plaintiff through his agents on at 9.00 a.m. tried to demolish a part of the suit premises premises so as as to reduce reduce the th e same s ame to the area are a from f rom 480 sqft to 280 sqft. 10. That this defendant furthermore furthermore submit submits s that unless the appointment of a court commissioner is made and the exact and actual area of the suit  premises cannot cannot be brought on on record of this this Hon'ble Court, Court, and an d this th is defend d efendant ant also cannot submit his h is say in that respect, and hence, hence, tthe he appoi appointme ntment nt of a court cou rt com commis mission sioner er is n not ot only only essentia essentiall but also in the inter est of justice. justic e. 11. That this defendant submits that if no court commissioner is appointed, the defendant is afraid that the actual record and details with special reference to the area of the suit premises will never be available, and hence, for want of the facts, this defendant shall be subjected to suffer irrepa rable loss and dam ages, and f lagran t injust injustice ice shall shall also also be be done done to this defendant for no fault on his part. WHATEVER stated above in paras 1 to 11 is true and correct to the best of my knowledge and belief, and so I have signed hereunder at Pune this day o off 200_  200_    I know the Defendant.

Sd/-SMP DEFENDANT

 

Sd/- xXx ADVOCATE