Saturday, September 17, 2022

APPLICATION U/O XXI RULE 17 CPC, Amendment in execution

  

IN THE COURT OF XIXTH FAMILY JUDGE WEST AT KARACHI

 

F.Suit No.____/2017

Family Execution No.___/2021

 

Mst.Erum-...........................----------------------------------D.H

 

VERSUS

Farhan ---------------------------------------------------J.D

 

APPLICATION U/O XXI RULE 17 CPC,

R/W SECTION 151 CPC

 

For the reasons disclosed in the accompanying affidavit, it is respectfully prayed on behalf of the abovenamed decree holders that this Hon’ble Court may be pleased to allow her to amend the above titled execution application for the reasons that due to bonafide mistake the  maintenance amount of minors have been incorrectly stated in execution application whereas this Hon’able court was pleased to pass judgment and decree dated 20-08-2020 in favour of the decree holders by directing the defendant to pay Rs.3000/- per month for maintenance of the minor from the date of Khullah till completion of period and plaintiff No.2&3 are also entitled the maintenance Rs.3000/- each per month from the date of interim maintenance with 10% increment. It is submitted that the interim order was passed on 03-05-2018 which is on the part of court file and the amount of execution was stated from the dated of judgment and decree dated 20-8-2020 with the prayer that this learned court may be pleased to allow the above application for the interest of justice.    

 

Prayer is made in the larger interest of justice.

 

Karachi:

Dated:12-03-2022                                              Advocate for DH


 

IN THE COURT OF XIXTH FAMILY JUDGE WEST AT KARACHI

 

F.Suit No.__/2017

Family Execution No.____/2021

 

Mst.Erum Anwar & others-----------------------------------------------------------D.H

 

 VERSUS


Farhan Ahmed Siddiqui ---------------------------------------------------J.D

 AFFIDAVIT

       I, Erum D/o  Anwar, Muslim, adult R/O , Karachi, do hereby state on oath here as under:

 

1.        That I am deponent of this affidavit as well as DH in the above titled execution application, as such am fully conversant with the facts of the matter deposed to below.

 

2.        That the accompanying application U/O XXI RULE 17 CPC,  R/W SECTION 151 CPC has been drafted and filed under my instructions and the contents whereof are true and correct which may please be treated as part of this affidavit for the sake of brevity.

 

3.        That I say that this Hon’able court was pleased to pass judgment and decree dated 20-08-2020 in favour of the decree holders by directing the defendant to pay Rs.3000/- per month for maintenance of the minor from the date of Khullah till completion of period and plaintiff No.2&3 are also entitled the maintenance Rs.3000/- each per month from the date of interim maintenance with 10% increment. It is submitted that the interim order was passed on 03-05-2018 which is on the part of court file and the amount of execution was stated from the dated of judgment and decree dated 20-8-2020

Photocopy of judgment and decree dated 20-8-2020 is enclosed as annexure-A

4.        That until and unless the accompanying application is allowed as prayed, I shall suffer irreparable loss and serious be prejudiced.

 

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

 Karachi:

Dated:12/03/2022                                                        DEPONENT

                                                                        CNIC# _____________

                                                                        CELL# _____________

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