Application for restoration of dismissed in default

 

Application for restoration of  dismissed in default 

 

IN THE COURT OF THE DISTRICT

 ……………………..

App. No.: ______ of 2009

 

 in ______ No.: ______

 

                               …………………………………………………Applicant 

                                                    Versus

                             …………………………….…………………Respondent/Non-Applicants 

 

Application for restoration of  dismissed in default

Respectfully Sheweth: 

1. That the above noted _______ was filed in this Hon'ble Court by the applicant on _______. 

2. That when the above noted case came up for hearing on _____, this Hon'ble Court was pleased to dismiss the same in default. The applicant or his counsel could not put up appearance before this Hon'ble Court on ________ due to reasons that __.

3. That the absence of the applicant on the date of hearing was neither intentional nor willful, but for the good and sufficient reasons hereinabove stated. Interest of justice therefore, demands that the case is restored to its original position so that the substantial dispute involved in the case can be adjudicated upon on its merit by this Hon'ble court. 

4. It is, therefore, most respectfully prayed that this application may kindly be allowed and the above case may kindly be restored to its original position in the interest of justice. Such other orders may kindly also be passed as deemed fit and proper in the facts and circumstances of case. 

…………………

Applicant 

_______________ 

Through, Advocate 

 

 IN THE COURT OF THE DISTRICT

…………………………………

 

App No.:______ of 2009

 ______ No: ______

                                          ………………………………Applicant 

Versus

                                       …………………………………Respondents 

 

Affidavit in support of Application for restoration.

I,______,

 do hereby solemnly affirm and declare as under : 

1. That accompanying application has been prepared under my instructions. 

2. That the contents of paras 1 to ________ of the complaint are correct and true to the best of my knowledge. 

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therefor. 

Affirmed at ………………………….

 this the ______. 

Deponent