Application Under Order XVI, Rule 2 OF CPC For Summoning Of The Witness

IN THE COURT OF MS. XX. , CIVIL JUDGE,    SOUTH ,  SAKET COURTS, NEW DELHI

                                  Civil Suit No. SCJ/63/2020

 

IN THE MATTER OF :

 AB                                                            …..Plaintiff

                              Versus

  CD                                                          .… Defendant

 

 APPLICATION UNDER ORDER XVI, RULE 2 OF CPC ON BEHALF OF THE DEFENDANT FOR SUMMONING OF THE WITNESSE, SH. AMIT 

1. 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.
2. 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.
3. 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.
4. 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.
5. 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  :

Sh. Amit

S/o  Shri B

C/o  C

B-XXX

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.

 

 

 

                                                                         (CD)

                                                                           Defendant

                     Through

 

Delhi

Date  25.05.2023

     Advocate