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 4 OF CPC FOR SETTING ASIDE THE DISMISSAL UNDER ORDER IX RULE 2 AND 3 UNDER THE JUDGMENT/ORDER DATED …………, PASSED IN THIS SUIT
The applicant respectfully states as follows: -
- The Plaintiff filed the above suit which was dismissed under Order IX Rule 2/Rule 3 by the order of the court dated……………
- The summons in the said case was not served at all to the defendant.
- The defendant could not enter appearance in the said case by reason on non-service of the summons.
- (In case the dismissal occurred under rule 2) The applicant was unable to pay the court fee for the postal charges due to ……………………. (state the reasons for the same).
- The applicant was unable to present the copies of the plaint or concise statements, as required under order IX rule 7 due to ……………………. (state the reasons for the same).
- (In case the dismissal occurred under rule 3) The applicant could not enter into appearance before the court due to ……………………. (state the reasons for the same).
- Relief Claimed: The applicant accordingly prays that the court to set aside the dismissal of the suit under order dated …………… and shall appoint a day for the proceedings of the suit.
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)
Applicant
