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AFFIDAVIT: FOR SETTING ASIDE AN EX-PARTE ORDER – SECTION 5 OF THE LIMITATION ACT

AFFIDAVIT SAMPLE / FORMAT TO BE FILED ALONG WITH THE APPLICATION FOR SETTING ASIDE AN EX-PARTE ORDER – SECTION 5 OF THE LIMITATION ACT

BEFORE THE HON’BLE COURT _____________ AT NEW DELHI

CIVIL SUIT. No…………….of 20……………

I.A. No…………of 20……………

IN THE MATTER OF:

ABC…………Petitioner:

VERSUS

XYZ……….Respondent

 

AFFIDAVIT

1. I, …………………, S/o …………..aged. …………years, presently residing at …………………, do hereby solemnly affirm and declare as under:—

2. I am the defendant no.______ in the suit referred to above and the petitioner in the accompanying application. I am well-acquainted with the facts of the case and hence fully competent to swear to the present affidavit.

3. 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……………… The copy of the medical certificate is already annexed with the accompanying application as Annexure A-1.

4. 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.

5. 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 ……………………

DEPONENT

Verification

Verified at…………….on this the………………day of…………., 2015, 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.

 

Deponent

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the……………….day of……….., 20…………..

SIgn verified by the counsel

Counsel for the deponent

 

Note.—this is just a sample Affidavit format the contents may differ depeding upon the facts and circumstances of the came. ALso note that this affidavit is to be attested by the appropriate authority prescribed under law.

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2 Comments

  1. Vinod
    Vinod December 28, 14:39

    Good advice

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