IN THE COURT OF THE PRINCIPAL DISTRICT MUNSIFF………..

C.M.P. No…………. of …….. 20…….

in

S.A.No. …………… of ……. 20…….

Between :
……………………..
……………………. …..Petitioners/Appellants

and

…………………….
…………………… …..Respondent/Respondents

                                                     Affidavit

I, …………………………………………………………..
S/o. ……………………………………………………. Hindu,
aged about……………………………………….. years,
occupation Advocate, R/o………………………………. …………………. do hereby solemnly and sincerely affirm and state as follows :

(1) I am the counsel for the petitioners herein who are the appellants in the main appeal, and as such I am well acquainted with the facts of the case.

(2) I beg to submit that the above said case S.A.No. ………………..………. of ……………………… came up for admission on ……………………………………… and this Hon’ble Court was pleased to issue notice before admission and interim stay for 6 weeks. Subsequently the interim stay has been extended till further orders. On the last occasion when the above said appeal was listed for admission I was cut of station and consequently this Hon’ble Court was pleased to post the appeal for dismissal on …………………….. In this connection I submit that I suddenly I fell ill with temperature and I could not represent the case on………………………….. when the appeal was called on. Consequently this Hon’ble Court was pleased to dismiss the appeal S.A.No…………………………… of ………………………….. for default. I therefore submit that my absence before this Hon’ble Court on……………………………….. when the case was called on is neither willful nor the wanton but for the circumstances mentioned above. I submit that this Hon’ble Court is pleased to restore the S.A.No. …………………………………. of …………………………..…. to file, the petitioner herein will be put to grave and irreparable loss.

I t is therefore prayed that this Hon’ble Court may be pleased to restore S.A.No………………..…… of …….. to file by setting aside the order dated …………………………………….. and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Deponent
Before me

Solemnly and sincerely affirmed at …………..
on this the ………….. of ……. …… and
signed his name in my presence

Advocate, ……………

                          MEMORANDUM OF CIVIL MISC. PETITION
                                     (Under Section 151 of C.P.C.)

            IN THE HIGH COURT OF JUDICATURE OF ………………
                                                   AT…………….

C.M.P. No……….. of …….. 20…..

in

S.A. No……….. of …….. 20…..

Between :
……………………..
……………………. …..Petitioners/Appellants
and
……………………
…………………… …..Respondent/Respondents

For the reasons stated in the accompanying affidavit, it is therefore, prayed that this Hon’ble Court may be pleased to restore S.A.No………………………………… to file by setting aside the order dated…………………….. and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Place :……..

Dated :…….

Advocate for Petitioner