IN THE COURT OF MS. XXXXXXXXXX, LD. SENIOR CIVIL JUDGE, ROHINI COURTS, DELHI

                            CSSCJ No.XX/XXXX

                                        IN THE MATTER OF:

                                        Sh.  XXXXXXXXX                                                        …Plaintiff

Versus 

                                        Smt. XXXXXXXXX                                                        …Defendant

N.D.O.H- XX.XX.XXXX 

Application on behalf of the defendant under Order 9 Rule 7 read with Sec 151 C.P.C for setting aside Ex-Parte order dated XX.XX.XXXX.

Respectfully Showeth:-

1.  That the present case is pending before this Hon’ble Court and listed for XX.XX.XXXX.

2.  That on XX.XX.XXXX, the husband of plaintiff met with Sh. XXXXX, who is the care taker of her daughter’s factory and he conveyed that some Court staff/officials reached at XXXXX (previous house of plaintiff, already sold), for summon to the defendant and the current owner of XXXX property conveyed that from Rohini Court staff was searching to defendant and the defendant’s  husband discussed with his lawyer and his lawyer appeared before this Hon’ble Court on XX.XX.XXXX and filed memo of appearance and inspected the court file on XX.XX.XXXX and got the above-mentioned facts of the case.

3.  That the Plaintiff has filed the present case before this Hon’ble Court on XX.XX.XXXX and the same was listed XX.XX.XXXX and on the same date, none appeared on behalf of the plaintiff and the case was put up for XX.XX.XXXX.

4.  That on XX.XX.XXXX, the report was submitted before this Hon’ble Court that the defendant not residing at the given address and thereafter, the service was affected through affixation and the report of affixation was submitted before this Hon’ble Court on XX.XX.XXXX and on the same day on XX.XX.XXXX, the case was proceeded Ex-Parte against the defendant and then matter was put up for XX.XX.XXXX for Ex-Parte evidence.

5.  That on XX.XX.XXXX, plaintiff witness examined and thereafter, plaintiff evidence was closed by way of statement of plaintiff and matter was listed for XX.XX.XXXX for advance Ex-Parte final arguments.

6.  That on XX.XX.XXXX, the counsel for defendant filed memo of appearance and thereafter, the filed was inspected on XX.XX.XXXX by Counsel and found that the defendant was proceeded Ex-Parte on XX.XX.XXXX and service was affected through affixation and also found the report of process server Sunil Dabas “XXXXX NOT RESIDING HERE AND WENT ON XXXXX” and summon report dated-XX.XX.XXXX through registered postman says “left” and the Counsel got the information that through process server the affixation was done after the report that the defendant left the property much prior to the affixation and the actual report was produced by the process server that the defendant sold the property much prior of affixation and the property was sold by the defendant on XX.XX.XXXX.

7.  That the defendant sold the property bearing no. XX, XXXX, XXXXXX and shifted to rented property bearing number-XX, Block and XXXXX, Situated at sector-XX, XXXX, -XXXX and a registered rent agreement deed was executed with monthly rent amount of Rs.XXXXX/- for a period two years from XX.XX.XXXX to XX.XX.XXXX and defendant was there at the rented property till XXXX and thereafter shifted to XXXXXX, XXXXXXX to her husband’s native place  and since then residing at XX, XXXX, XXXXX, XXXXX -XXXXXX. Copy of rent agreement attached to this application as Annexure-A and the copy of Aadhar card of plaintiff’s husband attached as Annexure-B.

8.  That the defendant could not appear before the Hon’ble court prior to XX.XX.XXXX and did not get the information prior to XX.XX.XXXX that some case is pending against the plaintiff and since she was not aware/known about the present case pending before this Hon’ble Court that’s why could not appear before this Hon’ble Court.

9.  That the defendant or her counsel could not appear before this hon’ble court due to above mentioned reasons only and the defendant is having a good case in her favour as the plaintiff had filed a false and frivolous case before this Hon’ble Court against the defendant and the absence of the Defendant or her counsel before the Hon’ble court neither deliberately nor intentional in the Hon’ble Court and the Defendant will suffer great irreparable losses without any cause of her part, in case the ex-parte order dated-XX.XX.XXXX is not set aside by this Hon’ble court.

10.          That the application is bound to obey the directions of the Hon’ble Court if any.

                                                                                             PRAYER

It is therefore respectfully prayed that the Hon’ble court may be pleased to set aside ex-parte order dated XX.XX.XXXX in the circumstances mentioned herein above and also in the interest of justice and the case may kindly be decided on its merits, an affidavit in support of the application is enclosed.

Delhi                                                                                                    Applicant/Defendant

Dated                                                                                  Through 

XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXX.

Mob.No.- XXXXXXXXXX

Email: XXXXXXXX@XXXXX.XXX

IN THE COURT OF MS. XXXXXXXXXX, LD. SENIOR CIVIL JUDGE, ROHINI COURTS, DELHI

                                        CSSCJ No.XXX/XXXX

                                         IN THE MATTER OF:

                                         Sh. XXXXXXXXXX                                                                Plaintiff

Versus 

                                        Smt. XXXXXXXXX                                                                 Defendant

                                                                                   A F F I D A V I T

I, Smt. XXXX XXXXXX W/o Sh. XXXXXX XXXXX R/o XXX, XXXXX, XXXXX, XXXX, at present at Delhi, do hereby solemnly affirm and declare as under:

1.       That the deponent is the defendant in the above-mentioned suit filed by plaintiff.

2.       That being conversant with the facts and circumstances of the application and I am competent to swear this affidavit and the contents of the application have been read over, explained to applicant in English/Hindi and the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

3.       That the accompanying application U/s Order 9 Rule 7of CPC has been drafted under my instructions and the contents are true and correct to the best of my knowledge and information.

                                                                    Deponent

Verification:-

Verified on solemn affirmation on this XX day of XXXXXX, XXXX at New Delhi that the contents of the above affidavit are true and correct to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therefrom.

                                                                                                                                                                   Deponent