Showing posts with label Application in civil suit. Show all posts
Showing posts with label Application in civil suit. Show all posts

30 October 2021

Format of restoration application after ex parte proceeding regarding 125 CRPC | Exparte Application

Format of restoration after ex parte proceeding before Family Court regarding 125 CRPC. 

      In the Hon’ble court Family Court_____________________ 

Rajni                      Vs.               Samay

Petition U/s 125 of Cr.P.C

Application for Setting Aside the Ex-parte order dated 14-06-2016 and judgment dated 02-08-2016 on behalf of the applicant/respondent. 

R/Madam,

                The applicant/respondent most humbly submits as under :-

1-      That the above noted case has been decided by the Hon’ble court of Mrs. _________vide its order dated 02-08-2016.

2-             That the respondent filed memo of presence on dated 24-03-2015 and power of attorney on 19-04-2015 and the respondent regularly came present before the Hon’ble court.

3-          That during the hearing date i.e 19-5-2015 to 20-01-2016 the above noted petition was fixed for evidence on behalf of the petitioner, but the petitioner did not present before the Hon’ble court during the above mentioned hearing dates. That upon which the previous counsel of the applicant/respondent told him that the due to absence of the petitioner the petition has been dismissed in default by the Hon’ble court, so now there is no need to appear before the Hon’ble court.

4-              That on the assurance of his previous counsel the applicant/respondent did not appear before the Hon’ble court. But now on dated 18-01-2021, the applicant/respondent received summons of execution petition in the above noted case and then it came into the knowledge and notice of the applicant/respondent that applicant/respondent has been proceeded ex-parte  by the Hon’ble court of Mrs. __________vide its order dated 14-06-2016 and a judgment dated 02-08-2016 has also been passed against the applicant/respondent. That no notice or intimation was ever sent to the applicant/respondent before passing the exparte and judgment order.

5-            That after receiving the summon from the Hon’ble court, the applicant/respondent engaged his another counsel and by inspecting the file through his counsel, it comes into the knowledge that the applicant/respondent appeared into the above noted case till 10-05-2016 but on very next date on 14-06-2016, the exparte order was passed against the applicant/respondent and consequently the judgment order was also passed against the applicant/respondent.

6-             That the absence of the applicant/respondent before this Hon’ble court was not intentional but was due to the circumstances explained above. 

7-             That the applicant/respondent will suffer an irreparable loss and injury in case the above noted exparte order dated 14-6-2016 and judgment dated 02-08-2016 is not set aside.

8-             That the present application of the applicant is well within the limitation. 

         It is, therefore, prayed to this Hon’ble court that the Exparte order dated 14-06-2016 and judgment dated 02-08-2016 may kindly be set aside in the interest of justice.

Dated:-                        

Applicant/respondent  

         Samay

Through counsel

 XYZ Advocate 

 

 

 Affidavit in support of application. 


    In the Hon’ble court of Mrs. ___________________________ 

Rajni                      Vs.               Samay 

Petition U/s 125 of Cr.P.C

Application for Setting Aside the Ex-parte order dated 14-06-2016 and judgment dated 02-08-2016 on behalf of the applicant/respondent. 

AFFIDAVIT.

I, Samay son of Sh. _______________________, do hereby solemnly affirm and declare as under:

1-            That the deponent has filed the above noted application today before this Hon’ble 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 the contents of the application have been read over to me by my counsel in simple Hindi which are true to 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 ___________.

                                                                                                              Deponent.

 

11 May 2021

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. 

Application for exemption of court fee | suit file without pay court fee

 IN THE COURT OF SH. -------------------------------------

Naggo            Versus           DHBVN Department


SUIT FOR COMPENSATION. 

 

APPLICATION FOR EXEMPTION OF COURT FEE.

Sir,

                The applicant most respectfully submits as under:-

1- That the above noted suit pending before this Hon’ble court and the same is fixed for today. 

2-That the plaintiff namely Naggo belongs to a BPL family and she is head of the family in BPL card and her BPL card No. is 20.

3-That the plaintiff has no source of her income. The son of the plaintiff was expired in electric accident due to negligence of respondents. That the deceased son of plaintiff was only ray of her life which was shattered after the death of her son and the husband of the plaintiff has also expired about 7 years ago so she is at the stage of starvation. That the other sons of the plaintiff remain separately from the plaintiff. There is no person who can maintain 

4-That the plaintiff namely Smt. Naggo is unable to deposit the court fee due to the above said circumstances.

                       It is therefore prayed that the application of the plaintiff may kindly be allowed and the plaintiff be exempted from depositing the court fee in the above said suit. 

Date

                                                                                Applicant/plaintiff 

                                                                                    Smt. Naggo 


                                    Through counsel:-