APPLICATION FOR SETTING ASIDE EX-PARTY ORDER
IN THE COURT OF MS xxx xxx, CIVIL JUDGE (CENTRAL) DISTRICT & SESSIONS COURT, TIS HAZARI DELHI
SC CS________/2018
IN
RE:
Mrs 498A LUTERI DULHAN Plaintiff
Versus
SH. xxxx xxxx Respondent
APPLICATION ON BEHALF OF THE RESPONDENT UNDER ORDER 9 RULE 7 OF
C.P.C. FOR SETTING ASIDE EX PARTE ORDER AND PROCEEDINGS
It
is most respectfully showeth:
1. That the plaintiff filed a petition against respondents under
section 12 of the Protection of the women from domestic violence act 2005 as on
dated xx/xx/xxx before this Hon'ble court , which is fixed for petitioner
evidence as on dated xx/xx/xxx.
2. That the respondent is the husband of the Petitioner and they are
living separately from the dated xx/xx/xxxx .
3. That the petitioner left the company of the respondent without any
suitable reason.
4. That the respondent/Husband is living on rented accommodation House no 123 , abc colony , Delhi 1100xx .
Copy of Aadhar card Annexure 1
5. That the petitioner / wife very well know about the address of the
respondent Husband address . Notice of 41A is also served there as on dated
xx/xx/xxxx.
6. That the respondent/Husband , come to know about the Ex-parte
order by rumor thereafter he inquire the matter and come to knowledge that his
petitioner has filed above suit.
7. That no any summon or notice was ever received by the respondent
/ Husband from this Hon'ble court till
date nor any process server has ever came to the house of the respondent / Husband
nor any registered cover was ever served upon them regarding the Notices issued
by this Hon'ble court with respect to the pendency of the present suit and
prior to that the respondent / Husband had no knowledge about the pendency of
the present suit against them.
8. That the absence of the respondent / Husband was not
intentional or willful but was due to the reason mentioned above.
9. That
no prejudice will be caused to the respondent/plaintiff if ex-parte order dated
XX-XX-XXXX be set aside rather it would afford an opportunity for the respondent / Husband to put forth their side of
facts before this Hon'ble court so that this Hon'ble court may reach at the
just and proper decision of this case.
10. That the present
application is well within the limitation since the date of knowledge is XX-XX-XXXX
and even otherwise the present application is well within the time as the
ex-parte order passed by this Hon'ble court is dated XX-XX-XXXX.
11.
It is, therefore, prayed that
the ex-parte order dated XX-XX-XXXX may kindly be set aside in the interest of
justice.
Dated Respondent/Husband
Through
counsel
IN THE COURT OF MS xxx xxx, CIVIL JUDGE
(CENTRAL) DISTRICT & SESSIONS COURT, TIS HAZARI DELHI
SC CS________/2018
IN
RE:
Mrs 498A LUTERI DULHAN Plaintiff
Versus
SH. xxxx xxxx Respondent
AFFIDAVIT
I, XXXX XXXX S/o Lt. Shri XXXX
XXXXX aged about XX years, residence at xxxxxxxx xxxxxxxxxxx xDelhi -110006 do
hereby solemnly affirm and declare as under:
- That I am the respondent in the present suit and am well conversant with the facts of this case and competent to swear the present affidavit.
- That the accompanying application has been drafted by my counsel under my instruction and the same has been read and understood by me. The contents of the application are true and correct to the best of my knowledge and record maintained by me and the legal advice so received.
DEPONENT
VERIFICATION
Verified
at New Delhi on this day of November, xxxx that the contents of Para No.1 to 2 of the above affidavit are true and
correct to my knowledge and belief and nothing material has been concealed
there from.
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