IN THE COURT OF MS. XX. , CIVIL JUDGE, SOUTH , SAKET COURTS, NEW DELHI
Civil Suit No. SCJ/63/2020
IN THE MATTER OF :
CD .… Defendant
APPLICATION UNDER ORDER XVI, RULE 2 OF CPC ON BEHALF OF THE DEFENDANT FOR SUMMONING OF THE WITNESSE, SH. AMIT
- That the present Suit is pending for adjudication before this Hon’ble Court at the stage of defendant’s evidence and the same is fixed for 25.03.2023.
- That the main defence of the defendant is that Mr. Amit extended friendly loan of Rs.95 thousand to the defendant through the cheque of the plaintiff on 10.04.2018 and took a blank signed cheque as security from the defendant.
- That the defendant paid one lakh in total to Amit in installment of Rs. 5000 per month during the period of May 2018 to December 2019. Specifically, Rs. 65,000/- was paid to him through account transfer from the SBI Accounts No. XX & YY of the defendant to Amit’s account no.XX of SBI and Rs.35,000/- was given in cash to Amit and five times to the plaintiff collecting the amount on behalf of Mr. Amit as he insisted to pay in cash initially.
- That after getting his payment of Rs. 1,00,000/- in installments, Amit in connivance with the plaintiff did not return the cheque on one excuse or another and filed this false case misusing the blank cheque of the defendant given to him.
- That the evidence of Sh. Amit as a witness in present matter is most necessary and relevant for decision of the case. The address of the Amit for summoning him as a witness by this Hon’ble Court is :
S/o Shri B
New Delhi 40
Mobile / Whatsapp No.XX
Witness of the fact that he gave the cheque of Rs. 95,000/- of the plaintiff to the defendant and received the blank signed cheque of the defendant involved in the instant case.
Received Rs. 65 thousand as repayment of the loan amount of Rs.95,000/- (Rs. 5,000/- per month to Amit through online bank account transfer).
Rs. 35,000/- cash given to Amit including 5 monthly installments of Rs, 5000/- received by the plaintiff as his agent. He has to confirm the receiving of online transaction amount of Rs.65,000/- and cash of Rs. 35,000/-.
It is most humbly prayed that this Hon’ble Court may issue summons for calling of Sh. Amit as a witness in the instant case before this Hon’ble Court in the interest of justice.