An application for restoration of a suit[CD1]
IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,
Misc. Application No.________________________________ / 200_
Shri A B C__ )
Age 40 years, occupation -
business, ) Applicant
Resident of 25 Erandwana, )
(Original
)
Plaintiff)
Versus
Shri X _Y_Z )
Age 50 years, occupation -
business, ) Opponent
Resident of 150 Budhwar
Nagar, ) (Original
) Defendant
AN
APPLICATION FOR RESTORATION
OF SUIT
The
applicant above-named submits this application, praying to state as follows :
1. That the applicant had
filed in this Hon'ble Court Special Suit No. 350/ 2009 against the opponent
for the recovery of a money claim of Rs. 5,00,000/-.
2.
That the said suit was fixed for hearing on….200….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.
3. That this applicant submits
for the kind and sympathetic consideration of this Hon'ble Court that on 2010, the plaintiff left his
residence at
10.30 a.m. and he was going on his scooter to attend this court.
4. That this applicant furthermore submits that
while the plaintiff was negotiating
the Deccan Corner, he was knocked from behind by a PMT bus, and he was while
unconscious taken to the Sassoon General Hospitals where he was treated for three days.
5. That in the circumstances,
the members of the plaintiff’s family could not know the whereabouts of the plaintiff till
the evening of….200.., and the plaintiff, therefore, could not contact his advocate,
who was on that day out of Mumbai
for some important work.
6. 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 favour.
7. That the cause of action
for the present application arose on……., and hence, this application filed today is well
within limitation.
8. That the necessary court-fee is paid
herewith.
9. That the applicant, therefore, prays that
this application be kindly allowed, the orders of dismissal, dated 200_ be set aside, and the original Special Civil Suit No. 350/2009 be
restored to the file and decided on
merit.
Mumbai, Sd/-ABC
Dated:_____ APPLICANT
Sd/-xXx
ADVOCATE
FOR APPLICANT
I,
Shri ABC, 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/- ABC APPLICANT
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