APPLICATION FOR RESTORATION  FORMAT UNDER ORDER 9 RULE 9 CPC

(APPLICATION FOR RESTORATION  FORMAT UNDER ORDER 9 RULE 9 CPC )

IN THE COURT OF LD. CIVIL JUDGE, CENTRAL DISTRICT, TIS HAZARI

IA No. XX/XXXX

IN

CIVIL SUIT XX/XXXX

IN THE MATTER OF:

THAKUR BALDEO SINGH                                        ………………..PLAINTIFF

VS.

GABBAR SINGH                                                           ……………..DEFENDANT

APPLICATION ON BEHALF OF PLAINTIFF FOR RESTORATION OF SUIT BEARING NO XX/XXXX UNDER ORDER 9 RULE 9 OF CODE OF CIVIL PROCEDURE, 1908

MOST HUMBLY SHOWETH:

1. That the captioned suit was dismissed by this Hon’ble Court vide order dated xx/xx/xxxx on account of non-appearance of the Plaintiff when the suit was called for hearing.
2. That this Application is being filed for setting aside dismissal order dated xx/xx/xxxx and restoring the suit to its original number.
3. That Plaintiff has left his haveli to appear before this Hon’ble Court on xx/xx/xxxx. When  Plaintiff was crossing the jungle of Ramgarh, he was attacked by goons of the Defendant and was beaten by lathis. The Plaintiff fell down and became unconscious. When he regained consciousness, he found that he is in hospital. The Plaintiff  came to know that some villagers who saw him lying unconscious had taken him to hospital. He was discharged by the Hospital after three days. Copy of medical reports is attached herewith and marked as Annexure A.
4. That after discharge from the Hospital, the very next day the Plaintiff had instructed his counsel to file Application for restoration and accordingly this Application for restoration has been filed.
5. That the Plaintiff is diligently prosecuting the case and in the past never have failed to appear before this Hon’ble Court.
6. That non- appearance of the Plaintiff on xx/xxxx was not deliberate or intentional but on account of aforesaid reasons.
7. That the Plaintiff will be gravely prejudiced if the order of dismissal dated xx/xxxx is not set aside and suit is not restored to original number.

PRAYER

In light of facts and circumstances of the case it is therefore prayed that this Hon’ble Court may be pleased to:

(i) Set aside order dated xx/xx/xxxx and restore the Suit to its original number.

(ii) Pass any other order (s) /direction (s) as this Hon’ble Court may deem fit and proper.

APPLICANT

THROUGH

ADVOCATE

DATE:

PLACE:

Note: The Application for restoration has to be accompanied by affidavit.  

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