TIS HAZARI COURTS; DELHI.

MC NO. xxx OF 2017.

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XXX : COMPLAINANT

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XXX : RESPONDENTS

      D.I.D.: xxx

APPLICATION FOR AND ON BEHALF OF APPLICANT / COMPLAINANT FOR RESTORATION THE CAPTIONED COMPLAINT FILED U/S 12 OF D.V. ACT WHICH WAS DISMISSED FOR NON-PROSECUTION ON xxx.

1. That the applicant / complainant filed the complaint under Section 12 of Domestic Violence Act against the respondents and same was fixed for physical appearance of the parties on xxx. Hence the same was dismissed in default due to non-prosecution of the applicant / complainant.
   

2. That on the last date of hearing on 08.04.2022 the proxy counsel for the applicant appeared on behalf of the applicant, but applicant was wrongly noted the next date of hearing i.e. 20.05.2022 instead of xxx by the counsel for the applicant in his case diary and found that matter has not been listed in the cause list of this Hon’ble Court on that day.
   

3. Thereafter, applicant inquired from the court staff and found that matter was already listed on 20.05.2022 and same was dismissed in default due to non-appearance of the complainant.
   

4. That it is respectfully submitted that non-appearance of the complainant on 20.03.2022 was neither intentional nor deliberately but due to aforesaid reason, if the suit is restored, no prejudice will be caused to the respondents as the matter was listed for physical appearance of the parties.
   

5. That non-appearance of the complainant on the date fixed is neither intentional and nor deliberate, but due to the facts stated as here in above.
   

6. That in case the dismissal order dated 20.05.2022 is not set aside and the complaint is not decided on merits then the complainant shall suffer an irreparable loss and injury, which cannot be compensated in terms of money.
   

7. That it is respectfully submitted that the complainant has got a prima facie strong case on merit. There is good and sufficient cause for setting aside the dismissal order which have been passed on 20.05.2022.
   

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 further to set-aside the order dated 20.05.2022 passed by this Hon’ble Court, which will be in the interest of justice.

B. It is therefore, prayed that the above complaint, which was dismissed in default on 20.05.2022 may kindly be restored to its original number and decided on merits, in the interest of justice.

C. Such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case be also passed.

It is prayed accordingly.

DELHI APPLICANT/COMPLAINANT

THROUGH

DATED

xx

xxx

ADVOCATE

xxx

Mob.No.xx

Emai lxxx

MC NO. xxx OF 2017.

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XXX : COMPLAINANT

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XXX : RESPONDENTS

AFFIDAVIT

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. Legal averments are true and correct to my belief, which is based on legal advice rendered which is believed to be correct. I say that the facts stated therein are true and correct to my knowledge in my vernacular. 
   

DEPONENT

VERIFICATION :-

Verified at Delhi on this the ___, day of June, 2022 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