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Petition to record the evidence of witness by the advocate commissioner

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

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

 Petition filed on behalf of the petitioner/Plaintiff under Or. 26 R.1 and 151 of CPC.

The petitioner respectfully submits that, for the reasons stated in the accompanying affidavit, this Hon’ble Court may be pleased to:

  • Appoint an Advocate Commissioner to record the evidence of the plaintiff/petitioner i.e., P.W.1 at his residence, and
  • Pass such other orders as the Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner

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

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Affidavit

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

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. I have filed the present suit for specific performance of contract for sale, and the matter is now posted for trial. I have already filed my chief affidavit and the matter is now listed for cross-examination. However, I met with an accident recently, resulting in a fracture in my right leg, and I am unable to attend court due to being confined to bed.
  3. My doctor has advised six weeks of complete bed rest, and I am enclosing the medical certificate issued by the doctor to support my request.
  4. Under these circumstances, I am unable to physically attend court to give evidence. Hence, I humbly request this Hon’ble Court to appoint an Advocate Commissioner to record my evidence (P.W.1) at my residence at 123, Green Park, New Delhi.

Otherwise, 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 the deponent in Telugu, and he admitted the same to be true and correct and signed before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate