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RELEASE BY ONE LEGATEE IN FAVOUR OF ANOTHER  This indenture made on the _______day of _______20 _______. Between AA, husband of YZ. (deceased), of __________________.of the one part;  And BB. of _______________________________________, the only child of the said AA. and YZ of the other part: WHEREAS the said YZ. duly made and executed her will dated the _______.day of _______20 _______and thereby bequeathed a cash sum of Rs _______.(in words, rupees ________) to the said AA. and BB. in equal moieties, and the said testator thereby appointed the said AA. the executor of her said will; AND WHEREAS the said YZ. died on the _______day of _______20 _______without having revoked or altered her said will and the same was duly proved on the _______day of _______20 _______, in the High Court of Judicature at __________________________by the said AA.; AND WHEREAS the share of the said AA. in the said estate, after the payment of all funeral and other expenses of the said YZ, comes to Rs _________(in words, rupees ______________________________________); AND WHEREAS the said AA. is desirous of releasing his said share in favour of the said BB: NOW THIS INSTRUMENT WITNESSES that in pursuance of the said desire and in consideration of natural love and affection for the said BB. and for diverse other good causes and considerations he, the said AA., does hereby release to the said BB. all his claim, demand, right, title and interest to and in the said share or any part thereof: To hold the same to the said BB. absolutely and forever. IN WITNESS WHEREOF the parties hereto have executed this instrument on the date first hereinbefore mentioned. Witnesses: 1 _______.  First Party  2 _______.  Second Party  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Precedent No. 49 AFFIDAVIT OF CREDITOR IN  LIQUIDATION PROCEEDINGS: PROOF  OF DEBT IN THE HIGH COURT OF In the matter of the Companies Act, 1956  And In the matter of Company Ltd.  AFFIDAVIT of , S/o , aged ,             presently and permanently residing in I, the deponent abovenamed, hereby solemnly affirms and states as follows:—        1  .I say that, the abovenamed company was, on the day of , the date of the order of the winding-up of the same, and still is, justly and truly indebted to me for a sum of Rs , on account of 2. I say that, I have not, nor have any person or persons by my order or tomy knowledge or belief; for my use, received the aforesaid sum of Rs or any part thereof, or any security for satisfaction of the same or any part thereof. 3. I say that, I attach hereto the documents marked A and B in proof of theaforementioned debt. Sd./ Deponent. Verification Verified at on this the of 20 that the contents of the above affidavit are true and correct to the best of knowledge, belief and information of the deponent and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of ,20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Download Word Document In English. (Rs.30/-)

RELEASE BY A SEPARATED COPARCENER  THIS RELEASE is made the ________ day of ________, 20 ______ BETWEEN AA., aged.___________ years, son of ________________________________________, acting for himself and as Karta of a joint Hindu family consisting of himself and his sons, namely, __________________________ and ________. presently residing at No_________________________________________ Road in the city of ________ hereinafter referred to as the 荘Release鋳 of the one part, AND BB, aged ________. years, separated son of the said AA., presently residing at No__________________________________ Road ________ in the said city of ________ hereinafter referred to as the 荘Releasor鋳 of the other part. WHEREAS the said AA. and his brother CC carried on a joint family business at various places in the cities of ________. and ________under the name and style of ________. AND WHEREAS the said CC. died leaving two sons who did not desire to continue in the said business and desired to be separated from the joint family business and also desired a partition of the joint family property. In pursuance of the said wishes of the sons of CC. and with the consent of AA. the matter was referred to the sole arbitration of Shri ______________________________ of ________________, who by his award, dated ______________, duly registered the same day at the Sub-Registry Office of _____________________________________________________, divided the entire property of the joint family including the said business and allotted to AA., the entire business of ____________________________, carried on in the cities aforementioned, and over which proprietary possession was given to AA., who has from the said date to the date hereof managed, possessed and enjoyed the said business as a business of his branch of the family alone; AND WHEREAS the said BB. on the ______________________________ by notice to AA, demanded separation and was, after taking accounts and valuation of all the property of the joint family allotted the business of the firm carried on in the city of _____________________________ and has established himself separately and independently of his father and his brothers. AND WHEREAS it is necessary to safeguard the future interest of the parties and their representatives after them and in order to end all possible claims which the parties or their representatives after them may have or hereafter put forward in respect of the separated shares and properties of the said parties in the belief that such claims do in reality exist;  NOW THIS DEED WITNESSES that in pursuance of the fact that the Releaser is separated and has duly and fully received his share of all the joint family property, including his share in the family business from the said Release and in pursuance of the fact that he, the said Releaser, has no claim interest or title on the Release or his property the said Releaser hereby releases unto the Release and to such other members mentioned above as are joint with him, and to their respective representatives for ever, all rights, titles and obligations in present or in future which the said Releaser may have had or has in or upon the remaining joint family or the property of the said joint family now in existence or which may hereafter be acquired by the Release or the family;  AND the said Release for himself and as Karta of his joint family mentioned above hereby releases the said Releaser from all rights, titles and obligations which the said remaining joint family or the said AA. may have had or have in or upon the said Releaser or his representatives and his or their property now existing or which he or they may hereafter acquire.  It is also mutually agreed that the value of the property hereby affected for the purpose of stamp duty is of the value of Rs ________. or thereabout.  IN WITNESS whereof the said AA. for himself and as Karta of his joint family and the said BB. have hereto signed at ________, the day and the year first abovementioned.  Witness: Sd. AA  Releasee. Sd. BB.  Releasor.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

In the application for issue of duplicate licence Before the deputy chief controller of exports, department of supply, ministry of road, new delhi. In the matter of issue of duplicate licence. Affidavit of A, aged about _____________ years, son of B, resident of __________________. I, the deponent above-named, do hereby solemnly declare as under: – 1. That licence No. )___________ dated ______________ issued to me for export of metal goods has been lost. 2. That the said licence has not exhausted at all. 3. That the total quantity for which the licence was originally issued was ________________ and the quantity so far exported is to the extent of ____________. 4. That the duplicate copy is now required to cover the quantity. 5. That the original licence will be returned to the licencing authority for cancellation, if and when found, without being utilised at all. DEPONENT I, the above-named deponent, declare and verify that the contents of paras 1 to 5 are true to my personal knowledge and nothing has been concealed and no part of it is false. DEPONENT Download Word Document In English. (Rs.15/-)

MUTUAL RELEASE BY TWO PARTNERS  ON ENDING OF PARTNERSHIP   THIS RELEASE DEED is executed on the _______ day of ________  BETWEEN Sh. __________________________________________,  S/o Sh. __________________________________________, R/o __________________________________________ of the first part;  AND Sh. _______________________________________,  S/o Sh. _______________________________________,  R/o__________________________________________ of the second part;  both parties hereinafter collectedly referring as parties with individually as first party, and second party respectively, which expression shall be including their related lawful successors, heirs, representatives and assigns.  WHEREAS 1. The aforesaid parties were doing the business of ____________________ per partnership under the deed of partnership dated the ______ day of ______ under the firm name of _______. 2. The aforesaid parties, by mutual agreement have, ended the said partnership, with effect from ______. NOW T HENCE THESE PRESENTS WITNESSETH that each party hereby releases the other party, from all sums of money, accounts, proceedings, claims/demands whatever which either of them had previously at any time had for any reason concerning the partnership as held before hand by the parties. It is also declared that amount or value of the claim hereby disclaimed is Rs. _____________. IN WITNESS WHERE OF, the parties to this deed have set their hands in the presence of ______________________ Party of the first part  ______________________ Party of the second part  Witnesses:  1.  2.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Precedent No. 60 AFFIDAVIT: UNDER SECTION 13B OF THE  HINDU MARRIAGE ACT-DISSOLUTION  OF MARRIAGE BY MUTUAL CONSENT IN THE COURT OF DISTRICT AND SESSIONS JUDGE, H.M.A Petition No of 20 Petitioner No. 1 Vs. Petitioner No. 2 AFFIDAVIT of , S/o , aged years,            presently residing in The deponent abovenamed hereby solemnly affirms and states as follows:— That the deponent is petitioner No. 2 in the petition referred to above. Being well conversant with the facts and circumstances of the case, the deponent stands competent to swear to this affidavit. The deponent further states that whatever is stated in the accompanying petition has been drafted by the deponent in consultation with experts and the contents thereof are true and correct to the best of my knowledge and nothing material has been concealed therefrom. That the marriage between the parties took place at , on , as stated in the petition. 3. That the petitioner No. 1 is a citizen of while the deponent herein is a citizen of India. 4. That the deponent is now residing at at the address given in the petition and this affidavit. 5. That the deponent is living separately atleast from and never lived together with petitioner No. 1 ever since. That the deponent has agreed that the custody and care of the only child of the parties be retained by the deponent subject, however, to visitation rights of petitioner No. 1. That all the statutory requirements have been duly complied with. That there is no collusion, force, fraud, coercion or undue influence on the deponent herein. That for the sake of brevity, the contents of the accompanying petition may kindly be read herein. 10. That the facts stated above and also in the petition are true and correct to the best of the knowledge and belief of the deponent and nothing material has been concealed therefrom. Sd./ Deponent. Verification Verified at on this the of 20 that the contents of the above affidavit are true and correct to the best of knowledge, belief and information of the deponent and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of ,20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Download Word Document In English. (Rs.30/-)

RELEASE BY CREDITORS  THIS DEED OF RELEASE IS MADE BETWEEN  Sh. __________________________________________,  S/o Sh. __________________________________________,  R/o _______________________________________________ (hereinafter called "the Debtor" which expression shall unless contrary to the context including his successors, executors assigns) of the first part, AND All the various persons, firms and companies, being the Creditors of the Debtor, whose names and seal are hereunder signed and affixed and the sum of debt owed to them is given in Annexure A per this document (after it called "the Creditors" which expression shall unless contrary to the context include their successors, lawful representative, heirs and assigns as the case may be) of the second part WHEREAS 1. The Debtor is indebted to the Creditors to sums as per the Annexure A hereto. 2. The Debtor can not pay the Creditors their debts fully and therefore has suggested to paying there Creditors per composition, proportionately to their debts.  3. The amount suggested be paid shall be received by the Creditors fully discharge their respective debts/claims against the Debtor;  4. The Creditors have consented in accepting offer of the Debtor and to allow the said composition fully discharging to their respective debts, in consideration thereof and of the premises to allow to the Debtor the release hereinafter contained.  NOW THIS DEED WITNESSETH AS FOLLOWS:  1. The Debtor consents in paying on or before _____ day of _________, to each of the Creditors, the sum, as per the terms of the said deed of composition.  2. Each of the Creditors hereby consents in fully accepting such composition per satisfaction of their related debts.  3. Also per said agreement and in consideration of the premises the Creditors hereby jointly and severally relinquish and discharge the Debtor from all debts owed by the Debtor to the Creditors. 4. The Creditors also discharge and relinquish the Debtor from all actions, claims or demands or any of them against the Debtor relating of the debt so owned.  5. This release shall bind and effect, though not executed by all Creditors and though all or any of the non-executing Creditors may be paid in full.  6. In the event of the Debtor not paying or causing to be paid to the Creditors, as per deed of composition, their related amount within the fix time, the release of the debts by the Creditors as stated above shall be nullity and void.  7. If Debtor is adjudged insolvent prior paying whole of the said amount, in that case too the release of said debts as contained before shall be void and of in effective.  8. In such an event shall be the Creditors and each of them shall be liberal in exercising there rights /remedies which they are entitled to, had this deed not been executed. 9. The relinquishment hereinbefore contained is merely relating the Debtor and shall not it all prejudice the rights of the Creditors or any of them against parties other than the Debtor, and the Creditors hereby expressly retain all the rights/remedies against any such party or parties. 10. This deed has been executed by parties, agreeing mutually with nil power to any party in assailing it on any reason whatsoever.  11. The Debtor shall keep the original agreement. A true copy signed by both the parties shall be kept by each of the Creditors, which true copy will be considered as effective as the original deed for all intents and purposes.  IN WITNESS WHERE OF, the parties to this deed have scribed their hands on the day and year above mentioned. The Debtor  The Creditors  Witnesses:  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

RELEASE ON RECONSTITUTION  IN FAVOUR OF RETIRING PARTNER   Deed of release made on the _______day of the month of _______of the year two thousand_________________________ by Messrs __________________________________, a firm of partners registered under the Indian Partnership Act, having its principal place of business at ______________________________________________(hereinafter called the 荘First Party鋳 which expression shall unless there be anything contrary thereto in the context include their successors, representatives and assigns) of the one part;  And __________________________________, son of ____________________________________, resident of ________________________________________________________, (hereinafter called 荘the Second Party鋳 which expression shall unless there be anything contrary thereto in the context include their successors, representatives and assigns) of the second part. WHEREAS the First Party had purchased certain lands in ____________.of ____________, District _________________________, fully described in the Schedule herein below, from _______ and _______, both of them sons of ___________________________________and residents of __________________________________by two separate sale deeds dated ___________and _______, registered at Nos_______ and _______in Book No_______, Volume _______, at pages _______to _______and to _______ respectively, on the _______ with Sub-Registrar _______; and WHEREAS the said purchases having been made by the First Party benami in the names of  Shri _________________________________and Shri___________________________ _______the said two sale deeds respectively, the said Shri _____________________________________.and  Shri _________________________________________________thereafter released the lands in favour of the First Party by two separate deeds of release dated ____________and registered in Book No_______., Volume _______, pages _______to _______.at _______No_______. and Volume _______, pages _______.to _______.at No_______on _______and _______., respectively; and WHEREAS the First Party had constructed on the said lands substantial buildings and fitted and equipped them, which are also described in the Schedule herein below, and the partners of the First Party firm used to be the co-owners in possession of the entire premises; and WHEREAS the Second Party used to be a partner/partners of the First Party firm up to _______and was/were/one of/the co-owners of the said premises along with the other partners of the First Party firm; on and with effect from which date the Second Party withdrew from the First Party firm and ceased to be partner/partners thereof, and the First Party firm was reconstituted on and from that date; and  WHEREAS on adjustment of accounts between the Second Party and the continuing partners of the First Party firm the aforesaid premises fell to the share of the Second Party and as from the said date ___________________________the Second Party became, and is/are continuing as the exclusive owner/owners in possession of the said premises, and the continuing partners of the First Party firm relinquished in the Second Party痴 favour and ceased to have any right, title or interest therein; and WHEREAS it is necessary to bring the said fact on record so that there may not be any doubt or dispute in future.  NOW, THEREFORE, THIS INSTRUMENT WITNESSES:  1. That the First Party have released and relinquished in favour of the Second Party all their rights, titles and interests in all that premises including the land, buildings, fixtures, fittings, etc., described in the Schedule herein below, to have and hold the same absolutely as owners of the land and of all the buildings and fixtures and fittings standing thereon; And the First Party do hereby declare that the said premises are and have been with effect from ______________________the exclusive property of the Second Party who is/are since that date absolutely entitled thereto. 2. That the First Party does hereby declare that the Second Party is/are entitled to have his/their name/names mutated as owner/owners of the lands and buildings released as aforesaid; And further, the First Party will do every such assurance or thing for further or more perfectly assuring the property released to the Second Party, as may be reasonably required. SCHEDULE Description of the Property Released  In witness whereof the parties hereto have executed this instrument on the date first hereinbefore mentioned. Witnesses: 1_______. First Party  2_______.  Second Party  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

RELEASE FROM OBLIGATIONS  CONTAINED IN A CONTRACT  THIS DEED OF RELEASE is executed on the _______ day of ________ BETWEEN M/s__________________________________, a company incorporated under the Companies Act, 1956 and with its registered office at ___________________________________ of the first part; AND M/s_____________________________________________, a company incorporated under the Companies Act, 1956 and with its registered office ___________________ of the second part; Both parties hereinafter collectedly referring to as parties and individually as the first party, and second party respectively, which expression shall be including their related lawful representatives, heirs, and assigns. WHEREAS 1. The parties had on the _____ day of _____ executed distributorship agreement for distribution of the goods more specifically given in the agreement. 2. As per clause ___ of the agreement, the second party was under an obligation to do the following acts: i. ___________  ii. ___________  iii. __________  iv. ___________  3. Owing to some alteration of the business plans of the first party, they have now consented to release the second party from the obligations stated in sub clauses ii & iii above. NOW THIS DEED WITNESSES as follows:  1. The first party hereby relinquishes the second party from so much of its obligation under the aforesaid covenant dated the _____ day of _____ relating to the sub clauses ii & iii above. 2. The parties hereto hereby consent that the remaining obligations under the aforesaid covenant dated the ___ day of ____ shall continue binding and fully effective. IN WITNESS WHERE OF, the parties to this deed have scribed their hands on the day and year above mentioned. ______________ FIRST PARTY  ______________ SECOND PARTY  Witnesses:  1.  2.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

RELEASE ON RECONSTITUTION IN  FAVOUR OF RETIRING PARTNER  Deed of release made on the _______day of the month of _______of the year two thousand_______ by Messrs ___________________________________________, a firm of partners registered under the Indian Partnership Act, having its principal place of business at ___________________________(hereinafter called the 荘FirstParty鋳 which expression shall unless there be anything contrary thereto in the context include their successors, representatives and assigns) of the one part;  And ______________________________________, son of_______________________ _______, resident of _________________________________________________, (hereinafter called 荘the Second Party鋳 which expression shall unless there be anything contrary thereto in the context include their successors, representatives and assigns) of the second part. WHEREAS the First Party had purchased certain lands in ______________________.of _______, District ________________________, fully described in the Schedule herein below, from _______ and ________________, both of them sons of _______and residents of ______________________________by two separate sale deeds dated _______and _______, registered at Nos_______ and _______in Book No_______, Volume _______, at pages _______to _______and to _______ respectively, on the _______ with Sub-Registrar _______; and WHEREAS the said purchases having been made by the First Party benami in the names of Shri _______and Shri _______the said two sale deeds respectively, the said Shri ______________________.and Shri _______thereafter released the lands in favour of the First Party by two separate deeds of release dated _______and registered in Book No_______., Volume _______, pages _______to _______.at _______No_______. and Volume _______, pages _______.to _______.at No_______on _______and _______., respectively; and WHEREAS the First Party had constructed on the said lands substantial buildings and fitted and equipped them, which are also described in the Schedule herein below, and the partners of the First Party firm used to be the co-owners in possession of the entire premises; and WHEREAS the Second Party used to be a partner/partners of the First Party firm up to ____________________and was/were/one of/the co-owners of the said premises along with the other partners of the First Party firm; on and with effect from which date the Second Party withdrew from the First Party firm and ceased to be partner/partners thereof, and the First Party firm was reconstituted on and from that date; and WHEREAS on adjustment of accounts between the Second Party and the continuing partners of the First Party firm the aforesaid premises fell to the share of the Second Party and as from the said date ____________the Second Party became, and is/are continuing as the exclusive owner/owners in possession of the said premises, and the continuing partners of the First Party firm relinquished in the Second Party痴favour and ceased to have any right, title or interest therein; and WHEREAS it is necessary to bring the said fact on record so that there may not be any doubt or dispute in future.  NOW, THEREFORE, THIS INSTRUMENT WITNESSES:  1. That the First Party have released and relinquished in favour of the Second Party all their rights, titles and interests in all that premises including the land, buildings, fixtures, fittings, etc., described in the Schedule herein below, to have and hold the same absolutely as owners of the land and of all the buildings and fixtures and fittings standing thereon; And the First Party do hereby declare that the said premises are and have been with effect from ____________the exclusive property of the Second Party who is/are since that date absolutely entitled thereto. 2. That the First Party does hereby declare that the Second Party is/are entitled to have his/their name/names mutated as owner/owners of the lands and buildings released as aforesaid; And further, the First Party will do every such assurance or thing for further or more perfectly assuring the property released to the Second Party, as may be reasonably required. SCHEDULE Description of the Property Released In witness whereof the parties hereto have executed this instrument on the date first hereinbefore mentioned.  Witnesses:  1_______. First Party  2_______. Second Party  Download Word Document In English. (Rs.20/-)

IN THE HIGH COURT OF JUDICATURE OF …………….AT ………………. C.M.P. No……………….. of  20………… In C.M.P No ……………... of  20 ……….. Between : A.B.                                              … Petitioner/ Petitioner And C.D.                                              … Respondent/ Respondent Affidavit of the petitioner abovenamed I, Mr……………………………………………..………, an adult Indian inhabitants and residing at ……………………………..………. Road, ……………………………..….. District do hereby solemnly  affirm and state as follows : That I am the petitioner herein and also the petitioner in the above C.R.P. and the Appellant in C.M.A.No ……………………………………………………..…. of  …………………………..……… on the file of the Court  of the ………………………………………………….. District Judge, …………………………..…… and the Respondent in  ….……. No ………………….. of  …………….. and the Defendant in O.S.No . …………………………………..  of ……………………………….. on the file of the Court of the …………………….….…….  Junior Civil Judge, …………………………………………………………… and as such I am full aware about facts of the case. 1. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of Revision Petition may be read as part and parcel of this affidavit also for  better appreciation of the facts and circumstances of the case. 2. I submit that I constructed a Cement brick wall shed and also certain super structures  in the plaint schedule property. I submit that I filed C.M.A No……………………………………..    on the file of the Court of the ………………………………………... District Judge, …………………………………..….. as against       the order made in I.A.No ………………………………………… in O.S.No ………………….……………. and the same is pending disposal and an order of status quo was granted. I further submit that the order of temporary injunction has not attained finality and inasmuch as the C.M.A.No . ……………………………… is pending disposal. Even otherwise the effect of the interim order is protect possession of the party and not to take forcible possession with the assistance of the Police. I submit that the very fact that the shed and super structures raised by me are in existence in the plaint schedule property and the very fact the respondent/plaintiff wants to demolish such structures with the help of police under the guise of temporary injunction order clearly shows that he is acting so, with a  mala fide intention, which cannot be sustained. It is also pertinent to note that I made repeated requests for the disposal of the main suit itself and further I also requested the learned District Judge, to dispose off the main C.M.A. at an early date but the other party for reasons best known to him is nor cooperating for the disposal of those matters, but surprisingly wants the police to come to their aid for removal of my upper structures. This is impermissible under the law. I submit that I have fair chances of success in the above C.R.P. and in the said circumstances, if the order of Court below is not suspended till the disposal of the C.R.P. I will be put to irreparable loss and injury. It is, therefore, prayed that this Hon’ble Court may be pleased to suspend the operation of the order made in I.A.No ……………………………… of …………………….….. in O.S. No…………………… of …………………., dated ……… on the file of the Court of the ………….. Junior Civil Judge, ……… pending the disposal of the above C.R.P.and pass such other and further order or orders as this hon’ble Court may deem fir proper in the circumstances of the case. Deponent Before me Solemnly affirmed at ..................... on this …………….. day of.............. 20...... Advocate............... MISC. PETITION Under section 151 OF C.P.C IN THE HIGH COURT OF THE JUDICATURE OF ……………. AT ………………. C.M.P. No……………….. of  20………… In C.M.P No ……………... of  20 ……….. Between : A.B.                                           … Petitioner/Petitioner And C.D.                                           … Respondent/Respondent For the reasons and in the circumstances stated in the accompanying affidavit, the petitioner herein prays in the interests of Justice, that this Hon’ble Court may be pleased to suspend the operation of the order made in I.A.No …………………………..…………. of …………………………………..……… in O.S. No………………….…………. of ………………………………… dated………………….……….. on the file of the Court of the ……………………………….……… Junior Civil Judge, ………………………..………….., pending the disposal of the above Civil Revision Petition, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Place : Date :  Advocate for the petitioner Download Word Document In English. (Rs.30/-)

Precedent No. 38 AFFIDAVIT: UNDER ORDER VII, RULE 16  C.P.C. - DECLARATION OF LOSS OF  NEGOTIABLE INSTRUMENTS BY A BANKER IN THE SUBORDINATE JUDGE'S COURT OF Regular Suit No of 20 Plaintiff: Vs. Defendant: AFFIDAVIT I, , S/o , aged years, now residing in , do hereby swear in the name of God that:— 1 . I am the Senior Manager of the plaintiff bank. Being well acquainted with the facts and circumstances of the case, I am competent and dulyauthorised to swear to this affidavit and will refer to myself as the plaintiff bank hereinafter. 2. The defendant abovenamed issued a cheque No on dated for      a      sum      of  Rs 3. The said cheque was presented by the defendant on to the plaintiff bank for collection. 4. In due course of business the said cheque was sent to for collection by post. 5. In the meantime, the defendant requested the plaintiff bank to     Advance Rs _____________being the proceeds of the said cheque     and the plaintiff  bank, in good faith, allowed the defendant to     withdraw the amount covered by the cheque on      6.  On the enquiries made by the plaintiff bank, the Lord Krishna Bank, Trichi, by letter dated , informed the plaintiff bank that the  said cheque was never received by them. It is apparent that the cheque so sent was lost in transit. In view of the above contingent situation, the plaintiff bank requested to issue another cheque in lieu of the lost cheque, but the defendant refused to do so. It is amply clear from the facts mentioned above that the cheque in question was lost due to circumstances beyond the control of the plaintiff bank and not owing to any willful default, neglect or laches on the part of the said bank. 10. It is further assured that the lost cheque, if and when traced out, the plaintiff bank shall produce the same before this Hon'ble Court. SdJ Deponent. Verification Verified at……………………… on this the day of , 20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. SdJ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of , 20 SdJ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Download Word Document In English. (Rs.50/-)