IN THE COURT OF CIVIL JUDGE …………..
SUIT NO. ………………
Application No. …………..of 20……… In
…………………
Address of Plaintiff …………………………………………………………………….... Plaintiff
Vs.
………………..
Address of Respondent………………………………………………………………... Respondent
APPLICATION UNDER ORDER IX RULE 13 OF CPC FOR SETTING ASIDE EX-PARTE JUDGMENT/ORDER DATED …………, PASSED IN THIS SUIT
The applicant respectfully states as follows: -
- The Plaintiff filed the above suit which was decreed ex-parte against the applicant on the order dated……………
- The applicant came of know of this fact on, (a later date) ………….., when a demand notice was served on him by the plaintiff for the decretal amount.
- The plaintiff obtained the decree by suppression of material facts.
- The summons in the said case was not served at all to the respondent/applicant.
- The respondent/applicant could not enter appearance in the said case by reason on non-service of the summons.
- Relief Claimed: The applicant accordingly prays that the decree passed ex parte by the order dated …………… against the applicant in the aforementioned case be set aside and the aforementioned case be tried in presence of the applicant.
Place: ……………... (Signature of the applicant)
Date: ………………
VERIFICATION
Verified at……………on this ………………day of…………., 20…………., that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information received by me from experts, and nothing material has been concealed therefrom.
………………………..(Signature)
Respondent/Applicant
