IN THE COURT OF II ASSISTANT CITY CIVIL COURT,
AT CHENNAI
E.P. No. 1898 of 2023
In
O.S. NO. 4292 of 2020
S. Anniponrani
… Petitioner/3rd Judgement Debtor
-Vs-
1. J. Leelavathy
… Respondent/Decree Holder
2. C. Monica
3. R. Rajashanthi
…Respondents/Judgement debtor 1 &2
AFFIFDAVIT OF S. ANNIPONRANI
I, Ms. S. Anniponrani, working as a teacher at Chennai Corporation Primary
School, No. 38, School Street, Virugambakkam, Chennai – 600 092, do hereby
solemnly state and affirm as follows: -
1. I state that I am the Petitioner herein and as such I am aware of the facts and
circumstances of the case and thus, competent to affirm this affidavit.
2. I submit that I was shocked to know that on 02.12.2023 an adverse decision
of Exparte order was passed against me in the aforementioned EP
Proceedings by this Hon’ble Court. Unfortunately upon receiving the
Garnishee order sent by the court, It was only after that I became aware of the
fact that I was set exparte on 02.12.2023. In these circumstances, I am filing
the present Petitions to Set aside the exparte order dated 02.12.2023.
3. I submit that I retained Mr. Arun as my legal representative in the
aforementioned case, and I entrusted him with the responsibility of
safeguarding my legal interest. I submit that despite the diligence with which
I sought updates and information regarding the proceedings, and hence I was
under the impression that my counsel was diligently handling the case.
Regret-ably in the previous occasion a major communication breakdown had
occurred. This communication breakdown is far from being a mere
inconvenience, had profound implications on my understanding of the case.
4. I submit that unbeknownst to me, a significant change occurred in my
counsel's professional career. He resigned from his position and transitioned
to the private sector without providing me with any prior note or informing
me of this significant transition about my case. I submit that this unexpected
shift in legal representation left me uninformed and unaware of the
impending challenges in my case.
5. I submit that this transition of my counsel without adequate notification not
only affected my understanding of the case but also caused potential
prejudice to the overall outcome. I submit that Summons was duly served
upon me on 27.11.2023, subsequently I made every possible attempts to
reach out to my counsel, however I got no response from my counsel as he
was not picking up my calls. I submit that I was at a disadvantageous side, as I
was unable to mount a strong defence without the right legal advice and
representation and my ability to present a defence was compromised, putting
me at a distinct disadvantage.
6. I submit in the absence of any adverse indication, I wrongly perceived that my
legal counsel was actively engaged in handling the intricacies of the case. The
lack of responsiveness to my inquiries and the absence of any overt signs of
Non-engagement led me to maintain a state of unawareness about the legal
challenges, ultimately contributing to the unfortunate ex-parte Order of this
Hon’ble Court. I empathize that this was not a result of negligence on my part
but a consequence of the breakdown in communication and the unexpected
transition of my legal representation.
7. I would have made every effort to ensure that I was present before this
Hon’ble Court, if I had been made aware of the initiation of the
aforementioned proceedings. Furthermore, I was not made aware of the
subsequent dates of the court proceedings or hearings. Moreover, extreme
hardships had been caused by the consequences of certain uncertainties that
had occurred after the aforementioned case was disposed of and the
Execution Petition was enforced.
8. I submit that recognizing the financial responsibilities that come with legal
processes, I am prepared to shoulder any and I am ready to deposit all costs
associated with re-initiating the case. I understand that the reopening of the
case may cause the court to have more work and I am willing to pay the costs
involved in this procedure. I submit that my willingness to pay court is not
merely a procedural formality but a sincere expression of my eagerness to
rectify the oversight that led to the ex-parte decision.
9. I further state that I have a meritorious and well-built case to present before
this Hon’ble Court and the non-allowance of the instant petition would cause
serious prejudice and hardships to me. The same can be safely inferred from
the fact that all the allegations, averments, and contentions raised by the
Decree Holders had been denied by the me in limine.
Hence, it is humbly prayed that this Hon’ble Court may be pleased to set aside
the Execution Petition dated 02.12.2023 in E.P. No. 1898 of 2023 In O.S. No.
4292 of 2020 passed against me on file of this Hon’ble Court and to pass such
further or other orders as this Hon’ble Court may deem fit and just and thus
render justice.
Solemnly affirmed at ------- () BEFORE ME
On this the --- day of December 2023 ()
And signed his name in my presence () ADVOCATE: MADRAS
IN THE COURT OF II ASSISTANT CITY CIVIL COURT,
AT CHENNAI
E.P. No. 1898 of 2023
In
O.S. NO. 4292 of 2020
S. Anniponrani
… Petitioner/3rd Judgement Debtor
-Vs-
J. Leelavathy
… Respondent/Decree Holder
PETITION FILED UNDER ORDER IX RULE 13 OF CIVIL PROCEDURE CODE
For the reasons stated in the accompanying affidavit, it is humbly prayed that this
Hon’ble Court may be pleased to set aside the exparte order dated 02.12.2023 in
Execution Petition NO. 1898 of 2023 in O.S. NO. 4292 of 2020 against the Judgement
Debtor on the file of this Hon’ble Court and pass further or other orders as this
Hon’ble Court deems fit and proper in the circumstances of the case and thereby
render justice.
AND to pass such further or other orders as this Hon’ble Court may deem fit and just
and thus render justice.
Dated at ------ on this --- day of December 2023
Petitioner in Person
IN THE COURT OF II ASSISTANT CITY
CIVIL COURT, AT CHENNAI
E.P. No. 1898 of 2023
In
O.S. NO. 4292 of 2020
S. Anniponrani
… Petitioner/
3 Judgement Debtor
rd
-Vs-
J. Leelavathy
… Respondent/
Decree Holder
SET-ASIDE PETITION
Petitioner in Person
