IN THE COURT OF SH. XXXXX : SENIOR CIVIL JUDGE : PATIALA HOUSE COURTS, DELHI

SUIT NO.       /20XX

IN RE-:

SH. XXXXXXXX                                                                      …PLAINTIFF

VERSUS

XXXXXXXXX INSURANCE & ORS                                        …DEFENDANTS

APPLICATION UNDER ORDER 9 RULE 9 READ

WITH SECTION 151 CPC FOR RESTORATION OF

CASE ALREADY DISMISS IN DEFAULT ON XXXXX

MOST RESPECTFULLY SHOWETH-:

1.           That the above noted case was pending trial before the Hon’ble Court and was fixed for XXXXXX.

2.           That the above noted case was fixed for the consideration on XXXXXXX.

3.           That the copy of the said applications was also received by the plaintiff.

4.           That the plaintiff was out of town as his sister’s marriage was held at XXXXXX on XXXXX and there were some traditions pending at XXXXXXX i.e Pag Fera and the plaintiff had to go to XXXXXX for the reason.

5.           That the counsel for the plaintiff was also struck up with the Saket court and could not attend the court Proceeding.

6.           That the non appearance on XXXXX of the Counsel for the plaintiff was due to pending matters in Saket court and being a bona-fide mistake.

7.           That since the case is in the initial stage and for the consideration and the summons to defendants has not issued till date.

8.           That the plaintiff is bound to suffer as he has illegally terminated from the services of the above-mentioned company and, if the said matter is not decided on merits.

9.           That it is a settled law that the technicalities should not be allowed to hamper the case to be decided on merits.

10.        That the plaintiff/applicant undertakes to be more vigilant in future.

PRAYER-:

          It is, therefore, most respectfully prayed that the above noted case may please be restore in its original number and at the relevant stage in the interest of justice in view of the facts and circumstances mentioned above.

Any other or further relief which the Hon’ble Court may deem fit and proper may also be restore in the interest of justice.

Prayed accordingly,                                                                                                                                                                          PLAINTIFF/APPLICANT

THROUGH

                                                                                                          COUNSEL

IN THE COURT OF SH. XXXXX : SENIOR CIVIL JUDGE : PATIALA HOUSE COURTS, DELHI

SUIT NO.       /20XX

IN RE-:

SH. XXXXXXXX                                                                      …PLAINTIFF

VERSUS

XXXXXXXX INSURANCE & ORS                                           …DEFENDANTS

AFFIDAVIT

I, XXXXXXX S/o Sh. XXXXXX, Aged- XX years, R/o XXXXX Delhi-110XXX Delhi do hereby solemnly affirm and declare as under-:

1.           That the deponent is the plaintiff in the above noted case and is looking after the case and is conversant with the proceedings of the case before the Hon’ble Court.

2.           That the accompanying application has been drafted by the deponent and is conversant with the same and the same are true and correct.

DEPONENT

VERIFICATION-:

Verified at Delhi on 1^st XXX, 20XX that the contents of above affidavit are true and correct and nothing has been concealed there from.

                                                                                                 DEPONENT