Affidavit in Support of Application U/S. 12 (2) CPC,

FOR IMMIDIATE USE ONLY IN COURT

IN THE  COURT  OF  IIIrd. CIVIL  JUDGE AT KARACHI (WEST)

Civil Suit No. 812/10.

Execution No. 01 /11.

                    

                    

Abdul AZiZ Khan        ……………………               APPLICANT

VERSUS

Muhammad Wakeel Khan ……………             RESPONDENT

AFFIDAVIT IN SUPPORT OF APPLICATION

U/S. 12 (2) CPC READ WITH SECTION 151 CPC

I, Abdul Aziz Khan Son of Abdul Rashid, Muslim,adult, R/o. House No. C-161, Hasrat Mohani Colony, Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:

1.    That I am the Applicant  in the above matter and as such am fully conversant with the facts of the matter deposed herein.

2.    That I say that the accompanying application under Section 12 (2) CPC R/W Section 151 CPC has been drafted and filed under my specific instructions. For the sake of brevity the contents of the same may please be treated as forming part of this Affidavit.

3.    That I say that I am bona fide law abiding citizen of Pakistan.

4.    That I say that the so-called Cash Memo/receipt neither bears any kind of serial No, and nor it shows that the applicant has purchased 12 sugar bags on loan/credit basis viz. annexure “P-1”.

5.    That I say that the plaintiff is poor and job less person and he is not a whole seller and retailer of any shop but he sells candies and toffees.

6.    That I say that the plaintiff annexed, filed, produced Cash Memo/receipt which is forged, fabricated, manipulated, concocted and false manufactured.

7.    That I say that I never received any legal notice in this respect.

8.    That I say that the Plaintiff filed this suit on the basis of forged, fabricated, manipulated, concocted and false manufactured memo/receipt, entirely with enmity and ulterior motive which is only is not permissible & no decree can be issued on the basis of forged, fabricated, manipulated, concocted and false manufactured Memo/receipt, and I have no option but to file this accompanying application.

9.    That I say that judgment & decree has been obtained on basis of forged, fabricated, manipulated, concocted and false manufactured Memo/receipt and the plaintiff has misguided this Hon’ble Court deliberately, willfully with mala fide intention viz. annexure “A”, Exhibit P/1.

10. That I say that the Plaintiff filed this suit entirely on the basis of forged and manipulated memo/receipt which is not permissible & no decree can be issued & I have no option but to file this accompanying application.

11. That I say that it has come to my knowledge on 17.03.2012 warrant of arrest was issued in instant matter by this Hon’ble Court so without any delay I approached to this Hon’ble Court.

12. That unless the accompanying application is not allowed I shall be prejudiced and bear irreparable loss, which cannot be measured monetarily.

13. That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: -31.03.12.

Deponent/Applicant

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