IN THE COURT OF Name of court
Courts complex / place name
M.C. NO. Miscellaneous case number OF Year of filing of the miscellaneous case
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
---
VERSUS
Respondents' names: RESPONDENTS
D.I.D.: Date of institution (D.I.D.)
APPLICATION ON BEHALF OF THE APPLICANT / COMPLAINANT FOR RESTORATION OF THE CAPTIONED COMPLAINT FILED UNDER SECTION 12 OF THE D.V. ACT, WHICH WAS DISMISSED FOR NON-PROSECUTION ON Date of dismissal for non-prosecution.
MOST RESPECTFULLY SHOWETH : -
1.That the applicant / complainant filed a complaint under Section 12 of the Domestic Violence Act against the respondents, and the same was fixed for the physical appearance of the parties on Date fixed for physical appearance. However, the said complaint was dismissed in default due to the non-prosecution of the applicant / complainant.
2.That on the last date of hearing, i.e., Previous date of hearing, a proxy counsel appeared on behalf of the applicant; however, the counsel for the applicant erroneously noted the next date of hearing as 20.05.2022 instead of Correct next date of hearing in the case diary, and it was subsequently found that the matter had not been listed in the cause list of this Hon'ble Court on the date so noted.
3.Thereafter, upon inquiry by the applicant with the court staff, it was learnt that the matter had in fact been listed on 20.05.2022 and had been dismissed in default due to the non-appearance of the complainant.
4.That it is respectfully submitted that the non-appearance of the complainant on Date of dismissal for non-prosecution was neither intentional nor deliberate, but occurred for the aforesaid reason. If the complaint is restored, no prejudice shall be caused to the respondents, as the matter was listed only for the physical appearance of the parties.
5.That the non-appearance of the complainant on the date fixed was neither intentional nor deliberate, but was occasioned by the facts stated hereinabove.
6.That in the event the dismissal order dated Date of dismissal for non-prosecution is not set aside and the complaint is not decided on merits, the complainant shall suffer irreparable loss and injury, which cannot be compensated in terms of money.
7.That it is respectfully submitted that the complainant has a prima facie strong case on merits, and there is good and sufficient cause for setting aside the dismissal order passed on Date of dismissal for non-prosecution.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:-
A.Allow the present application and set aside the order dated Date of dismissal for non-prosecution passed by this Hon'ble Court, in the interest of justice.
B.Restore the aforesaid complaint, which was dismissed in default on Date of dismissal for non-prosecution, to its original number and decide the same on merits, in the interest of justice.
C.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
It is prayed accordingly.
DELHIAPPLICANT/COMPLAINANT
THROUGH
DATED
Counsel's name
Advocate's enrolment/chamber details
ADVOCATE
Advocate's address
Mob. No.: Advocate's mobile number
Email: Advocate's email address
IN THE COURT OF Name of court
Courts complex / place name
M.C. NO. Miscellaneous case number OF Year of filing of the miscellaneous case
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
---
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Deponent's name, son of Deponent's father's name, aged about Deponent's age years, resident of Deponent's residential address, do hereby solemnly affirm and declare as under : -
1.That I am the Applicant / Complainant in the above-mentioned petition and am, therefore, competent to swear this affidavit.
2.That the contents of the accompanying application have been drafted by my counsel. The legal averments therein are true and correct to my belief, which is based on legal advice believed to be correct. I state that the facts stated therein are true and correct to my knowledge, the same having been explained to me in my vernacular.
DEPONENT
VERIFICATION : -
Verified at Delhi on this Date of verification that the contents of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material is concealed therefrom.
DEPONENT