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Petition to file the suit in representative capacity

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar and others

…Petitioners/Plaintiffs

Vs.

Neha Sharma and others

…Respondents/Defendants

Petition filed on behalf of the petitioner/plaintiff under Order 1 Rule 8 of CPC

For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to permit the plaintiffs to file the suit in representative capacity on behalf of the residents of Green Park Colony, New Delhi, and to pass such other orders as the Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar and others

…Plaintiffs

Vs.

Neha Sharma and others

…Defendants

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the first plaintiff in the suit and the petitioner herein, and I am well acquainted with the facts of the case.
  2. We filed the suit for permanent injunction against the defendants and for other reliefs. The averments in the plaint may be read as part and parcel of this affidavit.
  3. The plaint schedule property is a public tank and is public property belonging to the villagers of Green Park Colony.
  4. The residents of our colony depend on this tank for drinking water, as it is the sole source of water for the entire locality.
  5. Recently, the defendants have been attempting to remove earth from the bund of the tank to level their agricultural fields.
  6. If heavy rains occur, the water will flow unchecked through the village causing severe damage and loss to all villagers.
  7. Despite informing the local panchayat officials, no action has been taken, and their reasons for inaction are unknown to us.
  8. Therefore, we are compelled to file the suit in representative capacity for the benefit of the entire community residing in Green Park Colony.
  9. Hence, I pray that this Hon’ble Court may be pleased to grant permission to file the suit in representative capacity on behalf of the villagers; otherwise, the very purpose of filing the suit will be defeated.
  10. Else, I will be put to irreparable loss and hardship.

Deponent: Arjun Kumar

Solemnly affirmed, and the contents of the affidavit were read over and explained to me in Telugu, after which I admitted the same to be true and correct and signed before the undersigned on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner