Affidavit For Setting Aside An Order Declaring Defendant Ex Parte - Legal Draft

Precedent No. 10

....of 20 of 20....

AFFIDAVIT: FOR SETTING ASIDE AN ORDER DECLARING DEFENDANT EX PARTE

BEFORE THE II ADDL CIVIL COURT,

Miscellaneous Application No

In

Original Suit No

Applicant/Defendant:

Vs.

Respondent/Plaintiff:

AFFIDAVIT

I, , S/o , aged , residing in

, do hereby solemnly affirm and state as follows:—

1. That I say, that I am the defendant in the above suit and the

applicant inthe application. I am well conversant with the facts and

circumstances ofthe case and stand competent to swear to this affidavit.

1. That I say, that the aforementioned suit is for the recovery of an

amount

of Rs , allegedly due to the respondent-plaintiff from me, for

taking up the construction work of the applicant's official

premisesbearing No

1. That I say, that notice in the suit was not duly served on me. I

happen tobe a tenant in the first-floor of the house property bearing

No The said premises is the abode of two more tenants.

The notice was in fact served on my neighbour residing on the

ground-floor of the same premises. The said neighbour did not care to

inform me about any such service of notice and it was only on enquiry

that I came to know that the address was wrongly given into the Process

Memo of the summons by the respondent-plaintiff and therefore the notice

was returned unserved earlier. Therefore, there was no due or proper

service of notice on the applicant.

1. That I say, that it was only from one of my employees, who happened

tohave a case before this Hon'ble Court last week, that I came to

knowabout the filing of the suit and the declaration of the applicant ex

parte bythis Hon'ble Court, not having appeared before this Hon'ble

Court inspiteof the alleged service of notice. This has caused great

inconvenience andhardship to me. I further came to know that this

Hon'ble Court had posted

the case to for plaintiff's evidence. If evidence is taken ex parte

and the suit decreed by this Hon'ble Court, it will cause irreparable

loss, injury and hardship to me.

1. That I say, that I have got very serious contentions in the suit and

haverecords to show that all amounts due to the respondent-plaintiff

towardsthe aforementioned construction have been fully paid against

properreceipts issued by him and there is no amount due from, and

payable byme.

1. That I say, that the case has not reached the trial stage. Even the

issues

have not been framed. The respondent-plaintiff will not therefore in any

way be prejudicially affected by setting aside the ex parte order. 7. It

is therefore, just and necessary that this Hon'ble Court may be pleased

to set aside the order dated passed by declaring the applicant ex

parte and to allow me to contest the suit by filing the written

statement. It is also necessary that this Hon'ble Court may be pleased

not to go

ahead with the trial of the suit on the namely the next date of

hearing.

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 information 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.