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IN
THE COURT OF MS. MAHIMA RAI SINGH; LD. SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER; WEST
DIST.
TIS
HAZARI COURTS; DELHI.
MC
NO. 412 OF 2017.
_____________-______-_____ : RESPONDENTS
D.I.D.: __________
APPLICATION
FOR AND ON BEHALF OF APPLICANT / COMPLAINANT FOR RESTORATION THE CAPTIONED COMPLAINT
FILED U/S 12 OF D.V. ACT WHICH WAS DISMISSED FOR NON-PROSECUTION ON __________.
1. That
the applicant / complainant filed the complaint under Section 12 of Domestic
Violence Act against the respondents and same was fixed for physical appearance
of the parties on __________. Hence the same was dismissed in default due to
non-prosecution of the applicant / complainant.
2. That
on the last date of hearing on __________ the proxy counsel for the applicant appeared
on behalf of the applicant, but applicant was wrongly noted the next date of
hearing i.e. __________ instead of _______ by the counsel for the applicant in
his case diary and found that matter has not been listed in the cause list of
this Hon’ble Court on that day.
3. Thereafter,
applicant inquired from the court staff and found that matter was already listed
on _________ and same was dismissed in default due to non-appearance of the complainant.
4. That
it is respectfully submitted that non-appearance of the complainant on _________
was neither intentional nor deliberately but due to aforesaid reason, if the suit
is restored, no prejudice will be caused to the respondents as the matter was
listed for physical appearance of the parties.
5. That
non-appearance of the complainant on the date fixed is neither intentional and
nor deliberate, but due to the facts stated as here in above.
6. That
in case the dismissal order dated _______ is not set aside and the complaint is
not decided on merits then the complainant shall suffer an irreparable loss and
injury, which cannot be compensated in terms of money.
7. That
it is respectfully submitted that the complainant has got a prima facie strong
case on merit. There is good and
sufficient cause for setting aside the dismissal order which have been passed
on __________.
P
R A Y E R
It is, therefore, most respectfully prayed that this
Hon’ble Court may be pleased to:-
A. Allow
the present application and further to set-aside the order dated ________
passed by this Hon’ble Court, which will be in the interest of justice.
B. It
is therefore, prayed that the above complaint, which was dismissed in default
on _______ may kindly be restored to its original number and decided on merits,
in the interest of justice.
C. Such
other or further orders as this Hon’ble Court may deem fit and proper in the
facts and circumstances of the case be also passed.
It is prayed accordingly.
DELHI APPLICANT/COMPLAINANT
THROUGH
DATED
__________________________
Through ____________
ADVOCATE
_____________________________,
New Delhi-110015
Mob.No.___________
Email: ________________
IN
THE COURT OF MS. MAHIMA RAI SINGH; LD. SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER;
WEST DIST. TIS HAZARI COURTS; DELHI.
MC
NO. ______ OF 2017.
___________________ : RESPONDENTS
Affidavit of Mr. ________, Son of ______________,
aged about ____ years, ________, do hereby solemnly affirm and declare as under
: -
1. That I am the Applicant / Complainant
in the above-mentioned petition and am therefore, competent to swear this
affidavit.
2. That the contents of the
accompanying application have been drafted by my counsel. Legal averments are
true and correct to my belief, which is based on legal advice rendered which is
believed to be correct. I say that the facts stated therein are true and
correct to my knowledge in my vernacular.
DEPONENT
VERIFICATION
:-
Verified
at Delhi on this the ___, day of June, 2022 that the contents of the above
affidavit are true and correct to my knowledge. No part of it is false and
nothing material is concealed therefrom.
DEPONENT
