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Application for setting aside exparte order | set aside exparte order

 

             IN THE HON'BLE COURT OF ACJ SR. DIVISION 


Surya Kumar son of Sh. __________, R/o ____________.

                                                        ........Respondent/Plaintiff 

                                       Versus

1- Name of applicant no. 1 

2- Name of applicant no. 2 

                                                            ..Applicants/Defendants 


SUIT FOR PERMANENT INJUNCTION

Application for Setting Aside the Exparte Order dated 29-02-2012 on behalf of the applicants/defendants No.1 to 4 


Most respectfully showeth :-

1- That the above noted case is pending in this Honble court and is fixed for 10-09-2012 for exparte evidence on behalf of respondent/plaintiff.  

2-That the applicants/defendants have been summoned by the local police on 10-03-2012, who informed them that the respondent/plaintiff had furnished them the copy of the orders dated 29-02-2012 passed by this Honble court and that is how the applicants/defendants have come to know about the pendency of the present suit against them as well as the status of the case.   

3-That no any summon or notice was ever received by the applicants/defendants from this Honble court till date nor any process server has ever came to the house of the applicants/defendants nor any registered cover was ever served upon them regarding the Notices issued by this Honble court with respect to the pendency of the present suit and prior to that the applicants/defendants had no knowledge about the pendency of the present suit against them. 

4-That the absence of the applicants/defendants was not intentional or willful but was due to the reason mentioned above. 

5-That no prejudice will be caused to the respondent/plaintiff if exparte order dated 29-02-2012 be set aside rather it would afford an opportunity for the applicants/defendants to put forth their side of facts before this Honble court so that this Honble court may reach at the just and proper decision of this case.  

6-That the present application is well within the limitation since the date of knowledge is 10-03-2012 and even otherwise the present application is well within the time as the exparte order passed by this Honble court is dated 29-02-2012.   

          It is, therefore, prayed that the ex-parte order dated 29-02-2012 may kindly be set aside in the interest of justice.

Dated                                    

                                                               Applicants/Defendants 


                Through counsel 




IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION 


Surya Kumar  Versus     _________ & others 


SUIT FOR PERMANENT INJUNCTION


Application for Setting Aside the Exparte Order dated 29-02-2012 on behalf of the applicants/defendants No.1 to 4 

                                  AFFIDAVIT.

I, ____________________________________do hereby solemnly affirm and declare as under:


1- That the deponent has filed the above noted application today before this Honble court, the contents of which may be read as part and parcel of this affidavit. The contents of the application are true to best of my belief and nothing concealed therein

2- That I have read over and fully understood the contents of accompanying application, from his counsel in simple Hindi, the contents of which are true and correct to the best of my knowledge and belief.


                                                                       Deponent

VERIFICATION:

 Verified that the contents of my above affidavit are true and correct to best of my knowledge and nothing has been concealed therein.

 Verified at  on _______

                                                                      Deponent. 

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