RESTORATION OF A SUIT
IN THE COURT OF THE CIVIL JUDGE, _____________
Misc. Application No.____ / 20__
_______________________________ Applicant
________________________________ (Original Plaintiff)
Versus
_______________________________ Opponent
_______________________________ (Original Defendent)
AN APPLICATION FOR RESTORATION OF SUIT
The applicant above named submits this application, praying to state as follows:
- That the applicant had filed in this Hon'ble Court Special Suit No. _______ against the opponent for the recovery of a money claim of Rs.______/-
- That the said suit was fixed for hearing on ________ 20_____ for recording the evidence of this plaintiff, but on finding the plaintiff and his advocate being absent, this Hon'ble Court was pleased to dismiss the said civil suit for default on the part of the plaintiff in appearance.
- That this applicant submits for the kind and sympathetic consideration of this Hon'ble Court that on _______20__, the plaintiff left his residence at ______ (10.30 a.m.) and he was going on his scooter to attend this court proceeding.
- That this applicant furthermore submits that while he was negotiating a curve he was knocked from behind by a bus, and while he was unconscious, he was taken to the Government Hospital where he was treated for three days.
- That is the circumstances, the plaintiff, therefore, could not contact his advocate, who was on that day out of Delhi for some important work.
- That the suit claim is a substantive one, and the applicant is sanguine about the success that the suit will be decided on merit and in his favor.
- That the cause of action for the present application arose on _________, and hence, this application filed today is well within limitation.
- That the necessary court _______ fee is paid herewith.
- That the applicant, therefore, prays that this application is kindly allowed, the orders of dismissal, dated _______20__ be set aside, and the original Special Civil Suit No. __________ be restored to the file and decided on merit.
Place: _____________
Date: _____________
Sd/-
APPLICANT
Sd/-
ADVOCATE FOR APPLICANT
VERIFICATION
I, ___________________________, the present applicant, do hereby state on solemn affirmation that the contents of this application in paras 1 to 9 are true and correct to the best of my knowledge and belief, so I have signed hereunder.
Sd/-
APPLICANT
AFFIDAVIT
IN THE COURT OF THE CIVIL JUDGE, _____________
Petitioner:____________________________ (Name)
Versus
Respondent:____________________________(Name)
That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application under Order IX Rule 9 of the Code of Civil Procedure, 1908 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts is true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place: (Signature)
__________________
Date: Deponent
__/__/____
