66. APPLICATION UNDER ORDER 9, RULE 9. CPC[CD1] 

APPLICATION UNDER ORDER 9, RULE 9. CPC

 

APPLICATION FOR RESTORATION OF SUIT WHERE SHO DISMISSED IN DEFAULT OF THE PLAINTIFF ONLY

 

IN THE COURT OF THE .......

 Application No. ................. of 19.

Under Order 9, Rule 9 C.P.C.

in

Suit No. ................... of 19....................

A.B...................................................................Plaintiff

Versus

C.D............................................................ Defendant

Application for restoration of the suit dismissed in default on ..........19 ...

Sir,

The plaintiff most respectfully submits as under:

1. That the suit was fixed for.......... 19.......... for evidence/arguments.... .It was called at 11 a.m. and the plaintiff went to call his counsel Shri .... ................. who was not available at his seat at that time, and the plaintiff informed the Court of this fact, and again went to call his counsel, whom he found in court No................... arguing another matter and he said to the plaintiff to ask the Court for time upto lunch hours. Accordingly the plaintiff requested the Court to Wall lunch hours. But, however, the learned Court dismissed the suit in default of the plaintiff.

2. That in the circumstances it is expedient that the suit be restored wo original number setting aside the ex-parte order aforesaid.

 

PRAYER

 It is, therefore, most respectfully prayed that your Honour may be to set aside the ex-parte dismissal order and restore the suit in its on and dispute it of on merits after taking evidence and hearing the parties

It is accordingly prayed.

 

Applicant through Advocate

Place :…………….

Dated :………………..

Affidavit in support of the application to be filed.

 [CD1]APPLICATION UNDER ORDER 9, RULE 9. CPC