Application For Amendment in The Plaint

IN THE  COURT  OF  Xth. G & W  JUDGE  KARACHI  WEST

G & W Appl. No. 1381 /11.

                                                                                 

Syed AZHAR Ahmed         …………………………          APPLICANT

VERSUS

Mst. Farheen                   ……………………               RESPONDENT

            

APPLICATION FOR AMENDMENT IN THE PLAINT

On behalf of the applicant, abovenamed, it is prayed that this Hon’ble Cout may be pleased to allow the applicant to amend the plaint in consideration of fects and grounds mentioned in accompanying affidavit.

            Prayed Accordingly.

Karachi.

Dated: 24.03.2012.

ADVOCATE for the APPLICANT

          FOR IMMIDIATE USE ONLY IN COURT

IN THE  COURT  OF  Xth. G & W  JUDGE  KARACHI  WEST

G & W Appl. No. 1381 /11.

                                                                                 

Syed AZHAR Ahmed …………………………           APPLICANT

VERSUS

Mst. Farheen               ……………………              RESPONDENT

                                                       

AFFIDAVIT

I, Syed AZHAR Ahmed S/o. Syed Nazar Ahmed, Muslim, adult, R/o. House No. 12/22, Vilayatabad, Manghopir road, Karachi, do hereby state on oath as under:

1.            That I am applicant in above titled suit and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:

2.            That previous APPLICATION U/S 25 OF GUARDIAN & WARD ACT 1890  was filed by counsel of the applicant but followinf prayer was not icluded and filed:

“To direct the respondent to handover the custody of the minor to the applicant permanently.”

3.            That I say that presently the custody of the ward is in the possession of the respondent and the applicant has has serious apprehension that the respondent will be make any harm to the ward, because the respondent is very careless psycho patient who alwayshate the children and keep hereself on distance with the children and its not possible that the ward will be happy with the respondent.

4.            That the accompanying APPLICATION FOR AMENDMENT IN THE PLAINT has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.

5.            That I say that the welfare of the minor demands that he should be given in my custody.

6.            That I say that the environment and circumstances of the applicant is much better and proper than of the respondent is definitely in a better condition to decide about the welfare and needs of the minor, so as fulfil the same and to give love and affection which they are not getting at present at the house of the respondent’s brother. Hence it is in the best interest of the minor that the custody may be granted to the applicant which will be very healthy for the welfare and well-being of the minor.

7.          That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss, previous APPLICATION U/S 25 OF GUARDIAN & WARD ACT 1890 will be useless for the applicant and minor, and I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: ­­____/03/2012.

Deponent/Plaintiff

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and he seems to be understood the same and set his signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS