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

C.M.P. No. ……… of ……….. 20…….

In

C.M.A. No. ……. of ……… 20…….

Between :

A.B. … Petitioners/Appellants

And

C.D. … Respondents

Affidavit on behalf of the petitioners herein

I, Mr……………………………………………………….………,
S/o. …………………………………………………………….………, an adult Indian inhabitant,
residing at …………………………………………….……………., do hereby solemnly affirm and state as follows:

I submit that the above said matter was posted for dismissal and in as much as I was instructed by my senior to look after the matter, I was carefully watching the matter. I also submit that there was heavy work before the Hon’ble Courts and on that day i.e. ……………………………….………….… I was moving from Court to Court and in as much as there was no representation at the relevant time, this Hon’ble Court had dismissed the matter for default. My absences at the relevant time before this Hon’ble Court was due to unavoidable circumstances and hence the matter may be restored to the file of this Hon’ble Court, or otherwise the petitioners will be put to irreparable loss and serious injury.

It is therefore prayed that this Hon’ble Court may be pleased to set aside the dismiss for default order dated …………………….…… in C.M.A. No. ………………………….. of ……………… and restore the same to the file of this Hon’ble Court and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.:

Solemnly affirmed at …………………
on this …………….. day of………….. 20……

Deponent
Before me
Advocate…………

MISC. PETITION Under Order 9 Rule 13 R/w. Section 151 C.P.C.
IN THE HIGH COURT OF JUDICATURE OF ……………….
AT …………….

C.M.P. No. …………. of ………. 20……
In
C.M.A. No. ………. of ……… 20……

Between :

A.B. … Petitioners/Appellants
And
C.D. … Respondents/Respondents

For the reasons and in the circumstances stated in the accompanying affidavit, the petitioners herein pray in the interests of justice, that this Hon’ble Court may be pleased to set aside the dismiss for default order dated ……………………… in C.M.A. No. …………………..……….. of …………………….……… and restore the same to the file of this Hon’ble Court and pass such other and further order or orders, as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Place :

Dated :
Advocate for Petitioners