APPLICATION UNDER ORDER 9 RULE 13 CPC FOR SETTING ASIDE EX-PARTE DECREE

IN THE COURT OF……………………………

Suit No……………………………. of 200

In the Matter of:

AB………………………………………………………….. Plaintiff

versus

CD……………………………………….. Applicant/Defendant

Most Respectfully Showeth: –

1. That the abovementioned suit was decreed ex-pane by this Hon’ble Court against the applicant/defendant on……………………………
2. That the applicant/defendant was not aware that the present suit has been instituted in this Hon’ble Court as he had been out of station from…………………………… to …………………………… in connection with his business.
3. That applicant/defendant came to know about the same when he returned back.
4. That an affidavit in support of the said fact is being filed by the applicant.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may kindly set-aside the ex-pane decree passed against the applicant/Defendant upon such terms and conditions as this Hon’ble Court may deem fit and proper.

It is prayed accordingly. Applicant/Defendant

Place: …………………………

Dated: …………………………