Affidavit in support of Application for Restoration of Suit dismissed for Default by shiva

No. 2

Affidavit in support of Application for Restoration of
Suit dismissed for Default

In the Court of. . . . . . . . . . . . . . . .

Miscellaneous Application No. . . . . . . . of 2000. . . . . .

(Under Order IX, Rule 9, C.P.C.)

In

Original Suit No. . . . . . . . . .of 2000 . . . . . .

Shri L.M. . . . . . . . . . . . .               Plaintiff-Applicant

Versus

Shri S.T. . . . . . . . . . . . .                 Defendant-Opposite Party

AFFIDAVIT of Shri A.B., son of . . . . . . . . .  , resident of . . . . . .

I, the above-named deponent, do solemnly affirm and state as follows:

1. That I hold a Special Power of Attorney from the Plaintiff for the purpose of prosecuting the above-mentioned suit before this Hon’ble Court and am acquainted with the facts deposed to below.

2. That the suit was listed for final hearing on. . . . . . . . . . . . . .

3. That unfortunately in the morning on that date that Plaintiff, who is an old infirm man of 80 years, fell ill suddenly.

4. That the deponent had to go to fetch a doctor and to get the medicines for him.

5. That on account of this the deponent got delayed and when he arrived before this Hon’ble Court the suit had been called out and dismissed for default of non-appearance of the Plaintiff.

6. That the failure of the deponent to appear before this Hon’ble Court at the time when the case was called out was not on account of any negligence of the deponent but entirely due to reasons beyond the control of the deponent.

7. That the Plaintiff will suffer irreparable loss if the dismissal is not set aside and the suit restored.

(Verification etc., as in previous precedent.)

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