Restoration of suit dismissed in default

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

MEMO OF PARTIES

Versus

Next date of hearing: [DATE]

APPLICATION UNDER ORDER IX RULE 9 READ WITH SECTION 151 CPC FOR RESTORATION OF THE SUIT DISMISSED IN DEFAULT ON [DATE]

Respectfully showeth:

1. That the above-noted suit was fixed for [STAGE] on [DATE] and was dismissed in default of appearance of the plaintiff [under Order IX Rule 8 CPC].
2. That the plaintiff and counsel could not appear on that date because [SUFFICIENT CAUSE — e.g. illness with medical record, wrong noting of the date, counsel's genuine reason].
3. That the non-appearance was neither intentional nor deliberate, and the plaintiff has always been diligent in pursuing the suit.
4. That this application is filed within thirty days of the order of dismissal [Article 122 of the Limitation Act, 1963].
5. That dismissal occurred on [date] under [exact rule and terms of order], when [both parties absent / defendant present and plaintiff absent / other situation]. The applicable restoration provision is selected accordingly, rather than assuming every dismissal falls under Order IX Rule 9.
6. That on the hearing date [ ] the applicant and counsel were unable to appear because [separate reasons and times], supported by [contemporary documents].
7. That the dismissal was learned of on [date], and steps thereafter were [dated chronology]. Limitation under the applicable article and any necessary condonation are calculated as [particulars].
8. That previous defaults, costs, compliance and the stage to be restored are [details]. The applicant offers [proportionate terms] and is ready to proceed on [task].

PRAYER

It is, therefore, respectfully prayed that the order dated [DATE] dismissing the suit in default may kindly be set aside, and the suit restored to its original number and stage.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Plaintiff

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Plaintiff