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Exparte

drafting and pleading expatre

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nhvnhv.45
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9 views2 pages

Exparte

drafting and pleading expatre

Uploaded by

nhvnhv.45
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF TIS HAZARI NEW DELHI

CIVIL SUIT NO.

IN THE MATTER OF

XYZ. PLANTIFF
VS
ABC. DEFENDANT

APPLICATION UNDER ORDER 9 RULE 13 OF CPC FOR SETTING ASIDE EX


PARTE DECREE PASSED AGAINST DEFENDANT/APPLICANT NAMELY
ABC

Most respectfully showeth:


1. That the applicant is the defendant in the aforesaid matter and the next date of the
hearing of the matter is on 15/7/18
2. That on previous date of hearing that is 8/7/18 the defendant could not appear
before this Honble court due to illness of his, Mother And he informed the same to
his counsel the counsel of the defendant was out of station for some legal matter
due to which he also could not appear before this honble court the medical report
of the defendants mother has been ANNEXURE and has been marked as
ANNEXURE A and the attendance of Allahabad High Court of consuel of the
defendant has been ANNEXURE B
3. That on the same date, when the associate of the counsel for defendant reached the
court, he found out that the court has passed ex parte decree against the defendant
due to his non-appearance.
4. That the non-appearance on the part of a defendant and his counsel was
unintentional and not deliberated
5. That the defendant will suffer a irrepairable loss if the ex parte decree against him
is not aside whereas no such harm shall be caused to the plantiff
Prayer
In the light of aforesaid facts, it is, therefore, most respectfully prayed to this honble
“court to be pleased to set aside the ex parte decree 8/7/18 passed by this honble
court against the defendant due to his non-appearance on the previous date of hearing
that is 8/7/18

PLACE.
THROUGH
DATE.
ADVOCATE

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