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    Application For Restoration

    Uploaded by

    Rimika Chauhan
    1. The applicant Abid filed a transfer application against the defendants which was dismissed in default on 7 October 2022 due to the applicant's counsel hearing the wrong court date. 2. The applicant's counsel heard the date as 8 October instead of the actual date of 7 October and thus did not appear in court, leading to dismissal. 3. The applicant is now filing this application under Order 9 Rule 9 CPC within one month of dismissal to have the case restored, arguing they will suffer irreparable loss if not restored and that no prejudice will be caused to the respondents.

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    Application For Restoration

    Uploaded by

    Rimika Chauhan
    5K views4 pages
    1. The applicant Abid filed a transfer application against the defendants which was dismissed in default on 7 October 2022 due to the applicant's counsel hearing the wrong court date. 2. The applicant's counsel heard the date as 8 October instead of the actual date of 7 October and thus did not appear in court, leading to dismissal. 3. The applicant is now filing this application under Order 9 Rule 9 CPC within one month of dismissal to have the case restored, arguing they will suffer irreparable loss if not restored and that no prejudice will be caused to the respondents.

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    Application for restoration

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    1. The applicant Abid filed a transfer application against the defendants which was dismissed in default on 7 October 2022 due to the applicant's counsel hearing the wrong court date. 2. The applicant's counsel heard the date as 8 October instead of the actual date of 7 October and thus did not appear in court, leading to dismissal. 3. The applicant is now filing this application under Order 9 Rule 9 CPC within one month of dismissal to have the case restored, arguing they will suffer irreparable loss if not restored and that no prejudice will be caused to the respondents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5K views4 pages

    Application For Restoration

    Uploaded by

    Rimika Chauhan
    1. The applicant Abid filed a transfer application against the defendants which was dismissed in default on 7 October 2022 due to the applicant's counsel hearing the wrong court date. 2. The applicant's counsel heard the date as 8 October instead of the actual date of 7 October and thus did not appear in court, leading to dismissal. 3. The applicant is now filing this application under Order 9 Rule 9 CPC within one month of dismissal to have the case restored, arguing they will suffer irreparable loss if not restored and that no prejudice will be caused to the respondents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    IN THE COURT OF MS.

    SHALINDER KAUR, DISTRICT AND


    SESSION JUDGE (SHAHDARA), DISTRICT, KARKARDOOMA
    COURTS, DELHI

    MISC APPL______/2022

    IN

    MISC DJ -526/2022

    IN THE MATTER OF:-

    ABID …..PLAINTIFF/APPLICANT

    VERSUS

    NASRUDDIN & ORS. …..DEFENDANTS

    Dismissed in Default on 7.10.22

    APPLICATION ON BEHALF OF THE COMPLAINANT UNDER


    ORDER IX RULE 9 CPC R/W. SECTION 151 CPC FOR
    RESTORATION OF THE COMPLAINT, WHICH WAS
    DISMISSED FOR NON-PROSECUTION ON 7.10.2022

    MOST RESPECTFULLY SHOWETH:

    1. That the applicant is the plaintiff in the above noted matter and
    filed the transfer application against the defendants.

    2. That on the last date of hearing i.e. 17.09.2022 the counsel for the
    petitioner heard the date wrong i.e. 8.10.2022 inspite of 7.10.2022
    and because of this on 7.10.2022 the counsel didn’t appear before
    this Hon’ble court and the matter got dismissed in default due to
    non-appearance.

    3. That the applicant will suffer with an irreparable loss, if the plaint
    is not restored to its original status and number and applicant is
    filing the present application immediately after knowing the same
    fact that too within one month from the date of dismissal.

    4. That no prejudice will be caused to the respondent if the present


    application is allowed.

    P R A Y E R:-
    It is, therefore, most respectfully prayed that this Hon’ble Court
    may kindly be pleased to restore the plaint of the plaintiff to its original
    number and status, in the interest of justice.

    Delhi: Applicant/Plaintiff
    Dated:-
    Through:

    (VIJAY RANI )
    Advocate
    IN THE COURT OF MS. SHALINDER KAUR, DISTRICT AND
    SESSION JUDGE (SHAHDARA), DISTRICT, KARKARDOOMA
    COURTS, DELHI

    MISC APPL______/2022

    IN

    MISC DJ -526/2022

    IN THE MATTER OF:-

    ABID …..PLAINTIFF/APPLICANT

    VERSUS

    NASRUDDIN & ORS. …..DEFENDANTS

    Dismissed in Default on 7.10.22

    AFFIDAVIT
    I , Abid (age 32 years)S/o Lt. Sh. Chidda, R/o J-220, Sunder Nagar,
    Nand Nagri, Delhi-110093, do hereby solemnly affirm and declare as
    under:-

    1. That I am the applicant/plaintiff in the above said case as such I am


    well conversant with the facts of the application hence I am competent to
    swear this affidavit.
    2. That the content of accompanying application u/Order IX Rule 9 CPC
    has been drafted as per my instructions and the same may be read as part
    and parcel of this affidavit and are not being repeated here for the sake of
    brevity.
    3. That the contents of the affidavit true and correct and nothing material
    has been concealed therefrom.
    DEPONENT
    VERIFICATION:-
    Verified at Delhi on this ___ day of October-2022 that the contents of the
    above affidavit are true and correct to the best of my knowledge and
    nothing material has been concealed therefrom.

    DEPONENT

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