Application under Section 5 of Limitation Act along with Affidavit

In the Court of………
Civil Misc. Application No………….….
(Under Section 5 of India Limitation Act)
In
First Application Order No………….…..
District-…………..
Smt. ........................ and others 						…Petitioner

Versus
M/s……………….. and others 						…Respondents

To,

The Hon'ble Chief Justice and his other companion Hon'ble Judges of the aforesaid Court.

The humble application of the applicant most respectfully showeth as under :

1. That on facts and circumstances of the case, stated in the accompanying affidavit, it is, just and expediment in the interest of justice that this Hon'ble may most graciously be pleased to condone the delay in filing the aforesaid appeal.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may most graciously be pleased to condone the delay is filing the aforesaid appeal.
Advocate for the appellants.
In the High Court of judicature at Allahabad
Affidavit
In
Civil Misc. Application No….…….
(Under Section 5 of Indian Limitation Act)
In
District…………
First appeal from Order No of ………

Smt. ……..………………. and others 					…Petitioner

Versus

M/s………………………. and other 			…Respondents/Opp. Party

Affidavit of …………… aged about …..……..years, S/o Sri…………………..……............ R/o ………….., Allahabad

…Deponent

I, the deponent abovenamed do hereby solemnly affirm and State on oath as under :

1. That the deponent is the Clerk to Sri ……………………….., Advocate, High Court,.  Allahabad, in the abovenoted case and as such he is well acquainted with the facts deposed to below.

2. That the papers of the aforesaid appeal were received through post in the office of Shri……………..………………., Advocate on ………20……..

3. That unfortunately the papers of the aforesaid appeal on account of over sight and mistake of the deponent, were kept alongwith the papers of the an other case and were thus misplaced in the office of the aforesaid counsel.

4. That it was only on ……..………… 20…….. when the aforesaid Counsel visited ……., the appellant in the aforesaid appeal met the counsel and enquired about the aforesaid appeal.

5. That consequent upon the said enquiry the said counsel made frontia afforts to locate the papers in his office upon his returned to ……… on ………..20…..

6. That then the papers were found lying in another file, Thereafter the present appeal was drafted, reported and filed.

7. That there has been no negligence on the part of the appellants in filing the present appeal.  Whatever delay has occurred, it has occurred on account of the over sight and mistake of the office of Sri ………….……………., Advocate.

8. That in the aforesaid circumstances it is just and expedient in the interest of justice that this Hon'ble Court may be pleased to condone the delay in filing the present appeal.

I, the deponent abovenamed do hereby declare that the contents of Paragraph Nos…………… of this affidavit are true to m personal knowledge; and those of Paragraph Nos…………… of the affidavit are based on  record; and those of Paragraph Nos ……….. of the affidavit are based on information received; and those of Paragraph Nos…………..  of this affidavit arc based on legal advice, which all I believe to be true that no Part of it is false and nothing material has been concealed in it.

So help me God.

Deponent

I…….…………….. Advocate, High Court, …………..……. do hereby declare that the person making this affidavit and alleging himself to be the deponent in the name of person who in known to me personally as my Clerk.

Advocate

Solemnly affirmed before me on this the day of …………., 20……. at about …….............. A.M./P.M. by the deponent who has been identified by the aforesaid person.

I have satisfied myself by examining the deponent who has understood the contents of this affidavit and has been readover and explained to him by me in Hindi.

Oath  Commissioner