Petition For Restoration Of Application Legal Draft Template
| Category | Affidavits Civil |
| Format | Word Document |
| File name | Petition for Restoration of Application.doc |
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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:—
- 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.
- It is hereby submitted that the application referred to above
was filed to set aside an order dismissing the suit for default.
- 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.
- 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.
- 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.