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UNDER ORDER IX, RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908 – RESTORATION OF SUIT DISMISSED FOR DEFAULT

Below is the sample affidavit format to be filed with application under Order 9 Rule 9 of CPC for restoration of suit dismissed in default.

AFFIDAVIT: UNDER ORDER IX, RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908 – RESTORATION OF SUIT DISMISSED FOR DEFAULT

In the Court of ________________, New Delhi

SUITE NO.________/2015

Application No………………..of 20…………. In

 

ABC______________________Plaintiff/Applicant:

Vs.

XYZ_______________________Defendant/Respondent:

AFFIDAVIT

I, NAME OF PERSON, Aged About ____ S/oD/oW/o _________ R/o ______________, do solemnly affirm and declare as under:—

1. That I am the Power-of-Attorney holder on behalf of the  the Plaintiff to contest the present suit before this Hon’ble Court.

2. That I am acquainted with the facts deposed to below and being so, I am fully competent and duly authorised to swear to this affidavit.

3. That the suit was listed for final hearing on………20……………

4. That unfortunately, in the morning of the aforesaid day, thePlaintiff,who is an old and is suffering from various old age ailments, fell ill suddenly.

5. 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.

6. 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.

7. That the Plaintiff will suffer irreparable loss if the dismissal is not set aside and the suit restored.

8. that this is my true statement.

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 personally known to me, on this the……………….day of……….., 20…………..
Counsel for the Deponent.

Note.—Affidavit to be attested by the appropriate authority prescribed under law.

 

Please note that this is just a sample affidavit format, the actual facts may differ. please talk to your lawyer for legal advice before filling the same.

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1 Comment

  1. Manish Gohel
    Manish Gohel February 21, 16:47

    Good job

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