IN THE COURT OF SENIOR CIVIL JUDGE DADU
ABC S/o
D.M. Cast , R/o Tehsil & District, Dadu.
…PETITIONER/PLAINTIFF
Vs.
FDA S/o
M.D. Cast , R/o , Tehsil & District, Dadu.
…RESPONDENT
APPLICATION UNDER ORDER IX, RULE 9, C.P.C.
FOR RESTORATION OF SUIT DISMISSED FOR NON PROSECUTION
Respectfully Sheweth:
1) That the captioned suit was pending in this Hon’ble Court and
was fixed for report of the Handwriting Expert so and so, the same was
dismissed for nonappearance of the plaintiff under O.IX, Rule 8, C.P.C.
2) That due to inadvertent omission and misunderstanding the
clerk of the counsel of the petitioner noted date of hearing instead of .
3) That due to this reason the correct date was not conveyed to
the petitioner which led nonappearance of the petitioner before this Hon’ble
Court.
4) That the nonappearance of the petitioner or his counsel is
not intentional but due to the misunderstanding of the wrong date noted in the
diary of the counsel. Photocopy of the relevant page of the dairy of the
counsel is placed at Annexure “A”.
5) That the case was fixed for report of the handwriting Expert
and the date so fixed was no date of hearing, the Court was not supposed to
proceed with the case but only to receive the report of the handwriting expert.
6) That the petitioner appeared on the date recorded in the diary of the counsel and on inquiry
it was revealed that the suit has been dismissed for non prosecution on the
previous date i.e.
7) That the becoming to know the factum of dismissal for non prosecution
the petitioner has filed the application promptly without any delay.
8) That nonappearance of the petitioner or his counsel is not
intentional but due to misunderstanding as to the date of hearing.
9) That if the suit is not restored to its original numbers the
petitioner shall suffer irreparable loss. Law does require a lis to be
adjudicate upon on merits rather that to be dismissed on mere technicalities,
hence this petition.
It is
therefore respectfully prayed that this Hon’ble Court may be pleased to accept
this petition and be further pleased to restore the suit dismissed for
Non-prosecution on its original number so as to be disposed on merits in
accordance with law.
PETITIONER/PLAINTIFF
Through
Counsel
Verification:
Verified on
oath at Dadu the 10th of September, 2010 that the contents of Para
No. 1-9 are true to the best of my knowledge and belief.
PETITIONER/PLAINTIFF
NOTE: AFFIDAVIT IN SUPPORT BE ALSO GIVEN.
REPLY TO
APPLICATION UNDER IX, RULE 9, C.P.C.
FOR
RESTORATION OF SUIT DISMISSED FOR NON PROSECUTION
Preliminary objection:
1) That the present petition is not competent it is not with in time.
2) That the date as pronounced by the Court was written
correctly in the presence of the respondent by the clerk of the counsel of the
plaintiff.
3) That the non prosecution of the case is intentional and
deliberate.
ON MERITS:
1) Admitted.
2) Incorrect and denied.
3) Incorrect and denied.
4) Incorrect and denied.
5) Admitted.
6) Denied for want of knowledge.
7) Incorrect and denied.
8) Incorrect and denied.
9) Incorrect and denied.
It is
therefore respectfully prayer that this Hon’ble Court may be pleased to dismiss
the petition with costs.
RESPONDENT/DEFENDANT
Through
Counsel
Verification:
Verified on oath at Dadu the 10th of September,
2010 that the contents of Para No. 1-9 are true to the best of my knowledge and
preliminary objections 1-3 to the best of my information
and belief.
RESPONDENT/DEFENDANT
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