Affidavit-miscellaneous-435: Format
Reference draft used in Indian courts — replace the blanks with your own case details.
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
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.