For Setting Aside An Ex Parte Order Section 5 Of The Limitation Act - Legal Draft

Precedent No.l 3

AFFIDAVIT: FOR SETTING ASIDE AN EX-PARTEORDER -SECTION 5 OF THE

LIMITATION ACT

BEFORE THE HON'BLE CIVIL COURT

IA No of 20

In

O.S. No of 20

Petitioner:

Vs.

Respondent:

AFFIDAVIT

1. I, , S/o aged years, presently residing at

, do hereby solemnly affirm and state as follows:—

1. I am the defendant in the suit referred to above and the

petitioner in the accompanying application. I am well-acquainted with

the facts of the case and stand fully competent to swear to this

affidavit.

1. At the time when the summons pertaining to the case in question

was served on me, I was medically unfit to receive the same or even

understand the contents of it and the accompanying plaint. I had met

with a major accident two

days prior to the service of the said summons and was recuperating in

hospital, under the treatment of Dr

1. In the meanwhile, my servant had received the aforesaid summons.

The said servant, being uneducated and unaware of the magnitude and

importance of the said summons did not inform me of any such receipt.

1. I was discharged from the aforementioned hospital four days ago

and am still recuperating. Therefore, it is not owing to any default or

laches on my part, but

due to the reasons stated above, that the delay was caused. Dr , has

issued me a Medical Certificate on The same is produced

herewith and may be marked Ex. P-1.

Sd./ Deponent

Verification

Verified at on this the day of , 20 ,

that the contents of the above affidavit are true and correct to the

best of my knowledge, belief and as per information received by me from

experts and nothing material has been concealed therefrom.

Sd./ Deponent

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent

Note.—Affidavit to be attested by the appropriate authority prescribed

under

law.