61. APPLICATION UNDER ORDER 9, RULE 4 C.P.C.[CD1]
IN
THE COURT OF ..............
Suit No.......................of 200
In
the Matter of:.
AB ....................................................................
Plaintiff
versus
CD…………….Defendant
Most
Respectfully Showeth:
1. That the above-noted case was fixed
for hearing on ............... (date).
2. That it is submitted that the
Applicant was standing outside the court room when the case was called out and
he went to call his counsel but did not inform the court that he was present
and was going to call his counsel.
3. That by the time when the applicant
returned to the court room the suit was dismissed in default.
PRAYER
It
is therefore prayed that the order of dismissal of the suit be set-aside and
the suit be restored to file on such terms and conditions as this Hon'ble Court
may deem fit and proper.
It is prayed accordingly
Applicant Through Advocate
Place:
..................
Dated:
……………..
IN THE COURT OF .
Suit
No. .........................../200
In the matter of
AB………………………………....Plaintiff/Petitioner
versus
CD....................................
Defendant/Respondent
AFFIDAVIT
I
....... S/O…………..resident of ............. ..... do hereby solemnly affirm and
declare
as under:
1.
That I am the ........... .. in this case and hence competent to swear this
affidavit.
2.
That the contents of the accompanying application are true and correct.
DEPONENT
VERIFICATION
Verified
at ................. on this ........... day of tthat the contents of the above
affidavit are true and correct to my knowledge.
DEPONENT
CASE LAWS
DISMISSAL
OF SUIT IN DEFAULT
Order 9, Rule 4
Where neither the plaintiff or his
counsel nor defendant present and the suit was dismissed in default, no prior
non restoration of suit is necessary. The defendant having been preceeded ex
parte for
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