Application To Appoint Court Commissioner

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IN THE HON’BLE COURT OF …………………………………..…………LD.

SCJ,
DWARKA COURTS, NEW DELHI

CS NO- …………./2022

IN THE MATTER OF:-

AJIT SINGH                                                                           …PLAINTIFF

VERSUS

DDA & ORS.                                                                         …DEFENDANTS

APPLICATION ON BEHALF OF PLAINTIFF UNDER ORDER 26 RULE 9 READ


WITH SECTION 151 OF CIVIL PROCEDURE CODE FOR APPOINTMENT OF
LOCAL COMMISSIONER

MOST RESPECTFULLY SHOWETH:

1. That the present matter is pending adjudication before this Hon’ble Court and
is now fixed for ……/12/2022.
2. That the plaintiff is a senior citizen aged about 85 years and is almost
bedridden and could not appear before this Hon’ble Court to give his
evidence.
3. That the plaintiff is seeking appointment of Local Commissioner to record his
evidence from his house.
4. That the plaintiff is ready to pay the fee of the Local Commissioner and any
other incidental expenses to felicitate the cross examination of the plaintiff.
5. That no prejudice shall cause to the Defendant in appointing the local
commissioner or in any eventuality if this Hon’ble court is of the opinion that
evidence cannot be recorded through Local Commissioner, then the same be
allowed to be recorder through V.C.
PRAYER

1. It is therefore, most humbly and respectfully prayed that this Hon’ble court
may kindly allow the present application and appoint a Local Commissioner to
record Plaintiff Evidence.
2. Any other and/or further order as deemed fit and proper in the facts and
circumstances of the present suit/application in favour of the plaintiff.
PLACE:-

DATED:- APPLICANT/PLAINTIFF

THROUGH

COUNSEL
IN THE HON’BLE COURT OF …………………………………..…………LD. SCJ,
DWARKA COURTS, NEW DELHI

CS NO- …………./2022

IN THE MATTER OF:-

AJIT SINGH                                                                           …PLAINTIFF

VERSUS

DDA & ORS.                                                                         …DEFENDANTS

AFFIDAVIT

I, …………. S/O ……………., R/O ……………………………………………, aged about


……. years, do hereby solemnly affirm and declare as under:

1. That the deponent is the plaintiff in the above case and well conversant with
the facts and circumstances of the case, as such, competent to swear the
present affidavit.
2. That the accompanying application has been drafted by my counsel under my
instructions, contents of which are true and correct to the best of my
knowledge. The same has been read over to me in my vernacular.
3. That the contents of the said application may be read as part and parcel of this
affidavit and the same are not being repeated herein for the sake of brevity.
DEPONENT

VERIFICATION:

Verified at …………………….. on this …….day of …….., 2022 that the contents of my


above affidavit are true and correct to my knowledge no part of it is false and nothing
material has been concealed therefrom.

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