Application under Order 9 Rule 7 CPC to set aside ex-parte order with supporting affidavit
0 of 126 blanks filled
IN THE COURT OF MS. Judge's name, LD. SENIOR CIVIL JUDGE, ROHINI COURTS, DELHI
CSSCJ No. Civil suit number/Case number year
IN THE MATTER OF:
Sh. Plaintiff's name…Plaintiff
Versus
Smt. Defendant's name…Defendant
N.D.O.H – Next date of hearing (day).Next date of hearing (month).Next date of hearing (year)
Application on behalf of the defendant under Order 9 Rule 7 read with Section 151 of the Code of Civil Procedure, 1908, for setting aside the ex-parte order dated Date of ex-parte order (day).Date of ex-parte order (month).Date of ex-parte order (year).
MOST RESPECTFULLY SHOWETH:
1.That the present case is pending before this Hon'ble Court and was listed for Date of listing (day).Date of listing (month).Date of listing (year).
2.That on Date husband met caretaker (day).Date husband met caretaker (month).Date husband met caretaker (year), the husband of the plaintiff met Sh. Caretaker's name, who is the caretaker of the plaintiff's daughter's factory, and was informed that certain Court officials had visited Plaintiff's previous house address (the plaintiff's previous house, which has since been sold) for the purpose of serving summons upon the defendant. The current owner of the property at Sold property address conveyed that officials of Rohini Court had been searching for the defendant. The defendant's husband thereupon discussed the matter with his counsel, who appeared before this Hon'ble Court on Date lawyer appeared (day).Date lawyer appeared (month).Date lawyer appeared (year), filed a memo of appearance, and inspected the Court file on Date of file inspection (day).Date of file inspection (month).Date of file inspection (year), whereby the aforesaid facts of the case came to light.
3.That the plaintiff filed the present case before this Hon'ble Court on Date of filing of suit (day).Date of filing of suit (month).Date of filing of suit (year), and the same was listed on Date suit first listed (day).Date suit first listed (month).Date suit first listed (year), on which date none appeared on behalf of the plaintiff, and the case was adjourned to Date of next listing (day).Date of next listing (month).Date of next listing (year).
4.That on Date of non-service report (day).Date of non-service report (month).Date of non-service report (year), a report was submitted before this Hon'ble Court to the effect that the defendant was not residing at the given address. Thereafter, service was effected through affixation, and the report of affixation was submitted before this Hon'ble Court on Date of affixation report (day).Date of affixation report (month).Date of affixation report (year). On Date case proceeded ex-parte (day).Date case proceeded ex-parte (month).Date case proceeded ex-parte (year), the case was proceeded ex-parte against the defendant, and the matter was adjourned to Date fixed for ex-parte evidence (day).Date fixed for ex-parte evidence (month).Date fixed for ex-parte evidence (year) for ex-parte evidence.
5.That on Date plaintiff witness examined (day).Date plaintiff witness examined (month).Date plaintiff witness examined (year), the plaintiff's witness was examined, and thereafter the plaintiff's evidence was closed by way of the plaintiff's statement, and the matter was listed for Date fixed for ex-parte arguments (day).Date fixed for ex-parte arguments (month).Date fixed for ex-parte arguments (year) for advance ex-parte final arguments.
6.That on Date counsel filed memo of appearance (day).Date counsel filed memo of appearance (month).Date counsel filed memo of appearance (year), the counsel for the defendant filed a memo of appearance, and thereafter inspected the file on Date counsel inspected file (day).Date counsel inspected file (month).Date counsel inspected file (year), and found that the defendant had been proceeded against ex-parte on Date of ex-parte proceedings (day).Date of ex-parte proceedings (month).Date of ex-parte proceedings (year), and that service had been effected through affixation. The counsel also found the report of the process server, Sh. Process server's name, which stated "Defendant's name in process server's report NOT RESIDING HERE AND WENT ON Date defendant left as per report". The summons report through registered post, dated Date of registered post summons report (day).Date of registered post summons report (month).Date of registered post summons report (year), recorded the remarks "left". The counsel learnt that affixation was carried out by the process server after the report recording that the defendant had left the property much prior to the affixation, and that the actual report of the process server disclosed that the defendant had sold the property much prior to the affixation, the sale having been effected on Date property sold (day).Date property sold (month).Date property sold (year).
7.That the defendant sold the property bearing No. Sold property house number, Sold property block/colony, Sold property locality, and shifted to rented premises bearing No. Rented property house number, Block Rented property block, situated at Sector Rented property sector, Rented property city – Rented property PIN code, wherein a registered rent deed was executed at a monthly rent of Rs. Monthly rent amount (₹)/- for a period of two years, from Rent agreement start date (day).Rent agreement start date (month).Rent agreement start date (year) to Rent agreement end date (day).Rent agreement end date (month).Rent agreement end date (year). The defendant resided at the said rented premises until Date defendant vacated rented property, and thereafter shifted to Native place address line, Native place city, being her husband's native place, and since then has been residing at Current residence address line, Current residence locality, Current residence city, Current residence state – Current residence PIN code. A copy of the rent agreement is annexed hereto as Annexure-A, and a copy of the Aadhaar card of the plaintiff's husband is annexed as Annexure-B.
8.That the defendant could not appear before this Hon'ble Court prior to Date defendant could not appear before (day).Date defendant could not appear before (month).Date defendant could not appear before (year), as she had no knowledge prior to Date defendant learnt of case (day).Date defendant learnt of case (month).Date defendant learnt of case (year) that any case was pending against her, and being unaware of the present case pending before this Hon'ble Court, she could not appear before this Hon'ble Court.
9.That neither the defendant nor her counsel could appear before this Hon'ble Court for the reasons aforesaid only. The defendant has a good case on merits, as the plaintiff has filed a false and frivolous case against her. The absence of the defendant or her counsel before this Hon'ble Court was neither deliberate nor intentional, and the defendant shall suffer great irreparable loss, without any fault on her part, in case the ex-parte order dated Date of ex-parte order in para 9 (day).Date of ex-parte order in para 9 (month).Date of ex-parte order in para 9 (year) is not set aside by this Hon'ble Court.
10.That the applicant shall abide by such directions as this Hon'ble Court may be pleased to pass.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to set aside the ex-parte order dated Date of ex-parte order in prayer (day).Date of ex-parte order in prayer (month).Date of ex-parte order in prayer (year) in the circumstances stated hereinabove, in the interest of justice, and the case may kindly be decided on its merits. An affidavit in support of the application is enclosed herewith.
DelhiApplicant/Defendant
DatedThrough
Counsel's name
ADVOCATE
Address: Counsel's address
Counsel's chamber/address line 2
Counsel's address line 3
Mob. No. – Counsel's mobile number
IN THE COURT OF MS. Judge's name (affidavit heading), LD. SENIOR CIVIL JUDGE, ROHINI COURTS, DELHI
CSSCJ No.Civil suit number (affidavit)/Case number year (affidavit)
IN THE MATTER OF:
Sh. Plaintiff's name (affidavit)Plaintiff
Versus
Smt. Defendant's name (affidavit)Defendant
A F F I D A V I T
I, Smt. Deponent's first name Deponent's surname, W/o Sh. Deponent's husband's first name Deponent's surname, R/o Deponent's address line, Deponent's locality, Deponent's city, Deponent's state, at present at Delhi, do hereby solemnly affirm and declare as under:
1.That the deponent is the defendant in the above-mentioned suit filed by the plaintiff.
2.That the deponent is fully conversant with the facts and circumstances of the application and is competent to swear this affidavit. The contents of the accompanying application have been read over and explained to the deponent in English/Hindi, and the facts stated herein are true and correct to the best of the deponent's knowledge and belief, and nothing material has been concealed therefrom.
3.That the accompanying application under Order 9 Rule 7 of the CPC has been drafted under the deponent's instructions, and the contents thereof are true and correct to the best of the deponent's knowledge and information.
Deponent
VERIFICATION:
Verified on solemn affirmation at New Delhi on this Date of verification (day) day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct to the best of my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
Deponent