IN THE COURT OF SH. Name of the presiding judge
Name of the presiding judge : SENIOR CIVIL JUDGE : Court complex and place
SUIT NO./Suit number
IN RE-:
SH. Plaintiff's name…PLAINTIFF
VERSUS
Name of defendant insurance company INSURANCE & ORS.…DEFENDANTS
APPLICATION UNDER ORDER 9 RULE 9 READ WITH SECTION 151 CPC FOR RESTORATION OF SUIT DISMISSED IN DEFAULT ON Date of dismissal in default
MOST RESPECTFULLY SHOWETH-:
1.That the above-noted suit was pending trial before this Hon'ble Court and was fixed for Date of hearing fixed by court.
2.That the above-noted suit was fixed for consideration on Date of hearing fixed by court.
3.That a copy of the said application was duly received by the plaintiff.
4.That the plaintiff was out of town, as the marriage of his sister was solemnised at Place of sister's marriage on Date of sister's marriage, and certain customary rituals, i.e. the Pag Phera, remained to be performed at Place of marriage rituals, for which the plaintiff was required to be present there.
5.That the counsel for the plaintiff was also engaged before the Name of the other court where counsel was engaged and could not attend the proceedings before this Hon'ble Court.
6.That the non-appearance of the counsel for the plaintiff on Date of hearing fixed by court was occasioned by the pending matters before the Name of the other court where counsel was engaged and was a bona fide mistake.
7.That the suit is at an initial stage of consideration and summons to the defendants have not yet been issued.
8.That the plaintiff, having been wrongfully terminated from the services of the above-named company, shall suffer grave prejudice if the said matter is not decided on merits.
9.That it is settled law that technicalities ought not to be permitted to impede the adjudication of a case on merits.
10.That the plaintiff/applicant undertakes to remain more vigilant in future.
PRAYER-:
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to restore the above-noted suit to its original number and at the relevant stage, in the interest of justice, in view of the facts and circumstances stated above.
Any other or further relief which this Hon'ble Court may deem fit and proper may also be granted in favour of the plaintiff/applicant in the interest of justice.
Prayed accordingly,PLAINTIFF/APPLICANT
THROUGH
COUNSEL
IN THE COURT OF SH. Name of the presiding judge
Name of the presiding judge : SENIOR CIVIL JUDGE : Court complex and place
SUIT NO./Year of suit number
IN RE-:
SH. Plaintiff's name…PLAINTIFF
VERSUS
Name of defendant insurance company INSURANCE & ORS.…DEFENDANTS
AFFIDAVIT
I, Deponent's name, S/o Sh. Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under-:
1.That the deponent is the plaintiff in the above-noted suit, is looking after the same, and is fully conversant with the proceedings before this Hon'ble Court.
2.That the accompanying application has been drafted under the instructions of the deponent, and the deponent is conversant with its contents, which are true and correct.
DEPONENT
VERIFICATION-:
Verified at Place of verification on this 1st day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct, and nothing material has been concealed therefrom.
DEPONENT