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Precedent No.10

AFFIDAVIT: FOR SETTING ASIDE AN

ORDER DECLARING

 

DEFENDANT EX PARTE

 

BEFORE THE II ADDL CIVIL COURT,   of 20

 

Miscellaneous Application No. of 20

 

In

   Original Suit No……………………………

       Applicant/Defendant:

Vs.

Respondent/Plaintiff:

AFFIDAVIT

 

     I……………………, …. , S/o …………………………… , aged ………………………….. ,

     residing in ………………..  …………………………… , do hereby solemnly affirm and state as

     follows:—

 

1. That I say, that I am the defendant in the above suit and the applicant in
   the application. I am well conversant with the facts and circumstances of
   the case and stand competent to swear to this affidavit.

 

2. That I say, that the aforementioned suit is for the recovery of an amount

of Rs………………… …, allegedly due to the respondent-plaintiff from me, for

taking up the construction work of the applicant’s official premises
bearing No……………………………..

 

3. That I say, that notice in the suit was not duly served on me. I happen to
   be a tenant in the first-floor of the house  property bearing

No………………………….. The said premises is the abode of two more tenants.

The notice was in fact served on my neighbour residing on the ground-floor of the same premises. The said neighbour did not care to inform me about any such service of notice and it was only on enquiry that I came to know that the address was wrongly given into the Process Memo of the summons by the respondent-plaintiff and therefore the notice was returned unserved earlier. Therefore, there was no due or proper service of notice on the applicant.

 

4. That I say, that it was only from one of my employees, who happened to
   have a case before this Hon’ble Court last week, that I came to know
   about the filing of the suit and the declaration of the applicant ex parte by
   this Hon’ble Court, not having appeared before this Hon’ble Court inspite
   of the alleged service of notice. This has caused great inconvenience and
   hardship to me. I further came to know that this Hon’ble Court had posted

the case to…………….. for plaintiff’s evidence. If evidence is taken ex parte

and the suit decreed by this Hon’ble Court, it will cause irreparable loss, injury and hardship to me.

 

5. That I say, that I have got very serious contentions in the suit and have
   records to show that all amounts due to the respondent-plaintiff towards
   the aforementioned construction have been fully paid against proper
   receipts issued by him and there is no amount due from, and payable by
   me.
6. That I say, that the case has not reached the trial stage. Even the issues

      have not been framed. The respondent-plaintiff will not therefore in any way be

      prejudicially affected by setting aside the ex parte order. 7. It is therefore, just and

      necessary that this Hon’ble Court may be pleased  to set aside the order dated    

      passed by declaring the applicant ex parte and to allow me to contest the suit by

      filing the written statement. It is also necessary that this Hon’ble Court may be

      pleased not to go ahead with the trial of the suit on the            namely the next date of

      hearing.

 

 

 

  Sd./ Deponent.

 

 

Verification

 

 

Verified at…………………… on this the……………………… day of………………. , 20                    

that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.

 

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the……………………….. day of…………… , 20……………….

 

Sd./

Counsel for the deponent.

 

 

Note.—Affidavit to be attested by the appropriate authority prescribed under law.