Here is the format of application for restoration of suit
In the court of Shri _____ District Judge, Family court,
Hanif Vs. Saida
SUIT FOR DISSOLUTION OF THE MUSLIM MARRIAGE
APPLICATION FOR RESTORATION OF SUIT, WHICH DISMISSED IN DEFAULT ON 16-05-2021.
Sir,
The applicant/plaintiff respectfully
submits as under:-
1- That the above noted case was fixed for ________ for Notice to
the defendant.
2- That the counsel of the plaintiff make his presence to reader of
the Hon’ble court on ________ in the morning and the reader suggested to wait
for the defendant.
3- That the counsel of the applicant/plaintiff went to other courts
to attend the cases and at about _________when he appeared before this Hon’ble
court then he came to know that due to non appearance of the plaintiff and his
counsel the above mentioned case was dismissed in default by this Hon’ble
court.
4- That the absence of the applicant and his counsel was not
intentional but was due to the reason referred above.
5- That the above-mentioned suit is liable to be restored in its
original form.
6- That in case the above noted suit is not restored then the
applicant will suffer an irreparable loss and injuries, which cannot be
compensated in any manner whatsoever.
7- That the suit of the applicant is at initial stage
8- That the application is well within the time
It is, therefore, prayed that the above
noted suit of the applicant/plaintiff may kindly be restored in its original
form in the interest of justice.
Dated Applicant/plaintiff
Through counsel:
(Affidavit in support of application_
In the court of Shri ____ District Judge, Family court,
Hanif Vs. Saida
SUIT FOR DISSOLUTION OF THE MUSLIM MARRIAGE
APPLICATION FOR RESTORATION OF SUIT, WHICH DISMISSED IN DEFAULT ON 16-05-2021.
AFFIDAVIT.
I, _____________________________
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 be read as part of this affidavit.
2- That the
deponent is the plaintiff in the above noted suit.
3- That the
absence of the applicant and his counsel was not intentional but was due to the
reason referred above.
4- That the
above-mentioned suit is liable to be restored in its original form.
5- That in case the above noted suit is not restored then the applicant will suffer an irreparable loss and injuries, which cannot be compensated in any manner whatsoever.
DEPONENT.
VERIFICATION:Verified that the contents my above
affidavit are true to bet of my knowledge and belief and nothing has been
concealed therein.Verified at _________
DEPONENT.
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