Petition For Restoration Of Application - Legal Draft

Precedent No. 42

AFFIDAVIT: PETITION FOR RESTORATION OF APPLICATION

IN THE COURT OF THE Vllth ADDL DISTRICT JUDGE

Miscellaneous Application No of 20

In

Civil Misc. Petition No of 20

In

Appeal No of 20

Applicant:

Vs.

Respondent:

AFFIDAVIT of , W/o aged years,

presently and permanently residing in

The deponent named above hereby solemnly affirms and declares as

under:—

1. The deponent is the applicant in the application referred to

above. The deponent is well acquainted with the facts and circumstances

of the case and being so, stands competent to swear to this affidavit.

1. It is hereby submitted that the application referred to above

was filed to set aside an order dismissing the suit for default.

1. It is submitted that with regard to the suit referred to above,

the deponent was duly present in the Court. Unfortunately, however, the

Counsel hired by the deponent for the purpose of dealing with the said

case was unable to make it to the Court in time due to some contingency.

In view of the said contingency, the deponent requested this Hon'ble

Court to take up the case after some time. The aforesaid well founded

request of the deponent, however, did not find a favourable audience in

this Hon'ble Court and the application was dismissed as a consequence

thereof.

1. As is self evident, the circumstances referred to above were

absolutely beyond the control of the deponent and not owing to any

default, neglect or laches on the part of this deponent or his counsel.

1. It is in favour of law and natural principles of justice that

the order passed by the Hon'ble Court dismissing the application for

default may be set aside and the application be restored and the

deponent be given a fair opportunity to be heard.

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. Prayer may be deleted as only facts are required to be given

in affidavits.