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:
- That the captioned suit is pending before this Hon’ble Court and pending for hearing on xx/xx/xxxxx.
- 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.
- 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.
- 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.
- 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.
- That on the same day the Defendant directed his counsel to file Application for setting aside ex parte decree.
- That the Defendant is diligently defending the case and in the past never has failed to appear before this Hon’ble Court.
- That non- appearance of the Defendant on xx/xxxx was not deliberate or intentional but on account of aforesaid reasons.
- 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.
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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.