Under Order Ix Rule 9 Of The Code Of Civil Procedure 1908 Restoration Of Suit Dismissed For Default - Legal Draft

Precedent No. 5

AFFIDAVIT: UNDER ORDER IX, RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908-

RESTORATION OF SUIT DISMISSED FOR DEFAULT

In the Court of

Miscellaneous Application No of 20

In

Original Suit No of 20

Plaintiff/Applicant:

Vs.

Defendant/Respondent:

AFFIDAVIT of Shri ST, son of , aged about years,

resident of

I, the abovenamed deponent, do solemnly affirm and state as follows:—

1. That I hold a special Power-of-Attorney from the Plaintiff for

the purpose of prosecuting the abovementioned suit before this Hon'ble

Court. I am acquainted with the facts deposed to below and being so, I

am fully competent and duly authorised to swear to this affidavit.

1. That the suit was listed for final hearing on 20
2. That unfortunately, in the morning of the aforesaid day, the

Plaintiff, who is an old infirm man of 67 years, fell ill suddenly.

1. That I had to take the Plaintiff to the hospital immediately,

and by the time the deponent arrived before this Hon'ble Court, the case

had already been called out.

1. That the delay in the arrival of the deponent before this

Hon'ble Court was not owing to any negligence on my part, but entirely

due to reasons beyond my control.

1. That the Plaintiff will suffer irreparable loss if the dismissal

is not set aside and the suit restored.

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 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.