Application for setting aside exparte order | set aside exparte order

Format of 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 Hon'ble court and is fixed for 10-09-2012 for ex-parte 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 Hon'ble 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 Hon'ble 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 Hon'ble 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 ex-parte 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 Hon'ble court so that this Hon'ble 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 ex-parte order passed by this Hon'ble 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.