IN THE ---------------
COURT OF --------- AT .........
I.A NO. OF 20--
IN
------------. _______ OF 20--
IN THE MATTER OF:-
ABC. … Applicant
VERSUS
Xyz
… Respondent
APPLICATION UNDER ORDER 9 RULE
4 OF CPC, READ WITH SECTION 151 OF CPC, ON BEHALF OF PETITIONER, FOR
RESTORATION OF PRESENT OBJECTION PETITION. WITH AFFIDAVIT.
MOST RESPECTFULLY SHOWETH:
1. That the aforesaid matter was pending
adjudication in the regular list before this Hon’ ble High Court. The matter in
regular list reached for final hearing on --.--. Again the matter came up for
hearing on -------- and this Hon’ ble High
Court pleased to dismiss the present objection petition in default and
non-prosecution because of nonappearance on behalf of the petitioner.
The
copy of the order-dated ------- is annexed as ANNEXURE-A.
2. That the
petitioner counsel couldn't notice the present case published and circulated in
the cause list on -------- and -------. Hence couldn't appear on the above
dates. The office staffs of petitioner counsel was instructed to regularly
checkup the matters in regular matters on internet but they failed and missed
out previous listing of the matters on -------- & ------. Since
counsel of petitioner was not aware of above listing. Hence couldn't appear in
the matter before this Hon' ble High Court at the time of hearings on above
mentioned dates. The petitioner-department was also not aware about the listing of the present case on
above-mentioned dates.
3. That on -------------------,
the counsel for petitioner Mr --------------- Adv received a message from the
office of Mr --------------- that the present matter has been - dismissed in
default and non-prosecution for non appearance. Thereafter, the office of
counsel for petitioner checked up the previous orders and came to know about
the orders dated --------------------- and -------------. Thereafter the
restoration application was prepared and
sent for signature to the department, on ---------------------. The signed copy
of restoration application received by the counsel on --------- and hence the
application is being filed before this Hon' ble Court.
4. That the
absence of counsel for petitioner was not wilful or intentional rather
circumstantial.
5. That in
the above facts and circumstance of the case and in the interest of justice and the
Hon' ble High Court may be pleased to restore the present objection petition.
PRAYER
It
is, therefore, most respectfully prayed this Hon’ble Court may be pleased to:-
a. Allow the
present restoration application andrestore the present Objection Misc. Petition
OMP No.000/0000 to its original position .
b. Pass such other or further orders as
this Hon’ble Court may deem fit and proper in the facts and circumstances of
the present case.
PETITIONER/ APPLICANT
THROUGH
Advocate
NEW DELHI
DATE:
