Monday, March 22, 2010

Application for Setting Aside the exparte order

In the court of Shri _______________, _________________
In the matter of :-
___________
Versus
____________ & others.
CLAIM PETITION UNDER SECTION 166/140 OF
M.V.ACT.

Application for Setting Aside the exparte order dated
____________

AFFIDAVIT.
I, __________ S/o Shri ____________, R/o _________________, do hereby solemnly affirm and declare as under :-

1- That the above noted case was fixed for ____________ and the deponent was present before the Hon’ble court on the same day. The above noted case as further adjourned for __________.

2- That on __________ due to mishearing and misunderstanding the deponent noted down the next date as __________ instead of _________- hence the deponent could not attend this Hon’ble court on __________. due to non appearance of the deponent this Hon’ble court proceeded the above noted petition as exparte against the deponent.

3- That on __________ when the deponent appeared before the Hon’ble court then he came to know that the above noted petition was preceded ex-parte as against the deponent on _________.

4- That the absence of the deponent was not intentional but was due to the reason referred above.

5- That in case the above noted petition is not restored then the deponent will suffer an irreparable loss and injuries.

6- That the application is within time since the date of knowledge.


Deponent.

VERIFICATION:

Verified that the contents my above affidavit is true to bet of my knowledge and belief and nothing has been concealed therein.

Verified at ________ on
Deponent.