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
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 ___________.
