Legal Formats

APPLICATION FOR SETTING ASIDE EX PARTE DECREE UNDER ORDER 9 RULE 13 CPC

(APPLICATION FOR SETTING ASIDE EX PARTE DECREE UNDER ORDER 9 RULE 13 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:

ANTHONY GONSALVES                                               ………………..PLAINTIFF

VS.

ROBERT                                                                       ……………..DEFENDANT

APPLICATION ON BEHALF OF DEFENDANT FOR SETTING ASIDE EX PARTE DECREE DATED XX/XX/XXXX UNDER ORDER 9 RULE 13  R/w SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908

MOST HUMBLY SHOWETH:

  1. That the captioned suit is pending before this Hon’ble Court and pending for hearing on xx/xx/xxxxx.
  2. That this Application is being filed for setting aside ex parte decree  dated xx/xx/xxxx passed on account on non-appearance of the Defendant, when the suit was called for hearing.
  3. That on xx/xx/xxxx,  the Defendant  has left from home in his car to appear before this Hon’ble Court. Suddenly two brothers of the Plaintiff namely Amar and Akbar stopped the Plaintiff’s car, damaged it  and broke the glasses and threatened not to defend the case. The defendant attempted to hire a taxi but unfortunately there was strike called by left political parties and no taxi was available. The Defendant travelled on foot for around 15 kilometers and finally reached the Court. It was already 5 P.M. and court hearing was over.
  4. The Defendant has already filed complaint against Amar and Akbar before the Police Station xxxx. The Copy of complaint is attached herewith and marked as Annexure A.
  5. That the Defendant was informed by the Court Staff that  ex parte decree has been passed  as the Plaintiff has failed to appear before the Hon’ble Court.
  6. That on the same day the Defendant directed his counsel to file Application for setting aside ex parte decree.
  7. That the Defendant  is diligently defending  the case and in the past never has failed to appear before this Hon’ble Court.
  8. That non- appearance of the Defendant  on xx/xxxx was not deliberate or intentional but on account of aforesaid reasons.
  9. That the Defendant will be gravely prejudiced if the order  dated xx/xxxx is not set aside.  

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 ex parte decree dated xx/xx/xxxx.

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

APPLICANT

THROUGH

ADVOCATE

DATE:

PLACE:

Note: Application for setting aside ex parte decree has to accompanied by affidavit.

_____________________________________________

Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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