An application for appointment of a court commissioner
| Updated at | March 2010 |
IN THE COURT OF THE SMALL CAUSES JUDGE,
Civil Suit No.
Shri______ P__S__D__ _ Plaintiff
VersusShri______ S___ M___ P________ _ Defendant
AN APPLICATION ON BEHALF OF THE DEFENDANT FOR APPOINTMENT OF A COURT COMMISSIONER
The defendant above-named submits this application, praying to state as follows:
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That the plaintiff has filed the present suit against this defendant for fixation of standard rent and recovery of possession.
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That this defendant has accordingly filed his written statementseparately and also an application for the grant of stay.
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That this defendant respectfully submits for the kind perusal and sympathetic consideration of this Hon'ble Court that the plaintiff says that the area occupied by and in possession of this defendant is............sqft, while the actual area is........... sqft approximately.
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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 of the suit premises, it is indispensable that this Hon'ble Court be pleased to appoint a court commissioner.
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That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court by purposely mentioning the wrong area of.......... sqft instead of the actual area of........ sqft.
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That this defendant submits that if this Hon'ble Court is not pleased to grant this application for the appointment of a court commissioner, this defendant will suffer irreparable loss and damages.
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That this defendant also submits that unless the plaintiff amends the plaint itself by mentioning the area of the suit area to be.........sqft approximately, no facts will come before the Hon'ble Court.
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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 of a court commissioner is but a must, and hence, this application.
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That this defendant also respectfully submits for the kind consideration of this Hon'ble Court that the plaintiff through his agents on at........... tried to demolish a part of the suit premises so as to reduce the same to the area from........sqft to......... sqft.
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That this defendant furthermore submits that unless the appointment of a court commissioner is made and the exact and actual area of the suit premises cannot be brought on record of this Hon'ble Court, and this defendant also cannot submit his say in that respect, and...
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