IN THE COURT OF................................. Suit No.................................. of 200
In the Matter of:
AB.................................................................... Plaintiff
versus
CD............................................... Applicant/Defendant
Most Respectfully Showeth: -
1. That the abovementioned suit was decreed ex-pane by this Hon’ble Court against the applicant/defendant on.................................
2. That the applicant/defendant was not aware that the present suit has been instituted in this Hon’ble Court as he had been out of station from................................. to ................................. in connection with his business.
3. That applicant/defendant came to know about the same when he returned back.
4. That an affidavit in support of the said fact is being filed by the applicant.
PRAYER It is therefore most respectfully prayed that this Hon’ble Court may kindly set-aside the ex-pane decree passed against the applicant/Defendant upon such terms and conditions as this Hon’ble Court may deem fit and proper.
It is prayed accordingly. Applicant/Defendant
Place: ..............................
Dated: ..............................

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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.

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.

Application under Order 9 Rule 13 CPC for Setting

Using this format

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