DEFENCE IN SUITS FOR INJURIES COUSED BY NEGLIGENT DRIVING
In the Civil Court, (city) of________________________
___________(add description and residence) __________Plaintiff
___________ (add description and residence)__________ Defendant
- The defendant denies that the carriage mentioned in the plaint was the defendant's carriage and that it was under the charge or control of the defendant's servants. The carriage belonged to______of________.Street, Calcutta, livery stable keepers employed by the defendant to supply him with carriages and horses; and the person under whose charge and control the said carriage was, was the servant of the said.
- The defendant does not admit that the said carriage was turned out of Middleton Street either negligently, suddenly or without warning, or at a rapid or dangerous pace.
- The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, have seen the said carriage approaching him, and avoided any collision with it.
- The defendant does not admit the statements contained in the third paragraph of the plaint.
- A suit shall be tried in this court as defendant resides within the jurisdiction of this court.
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
In the Court of _______________________________
That I am the defendant in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.