IN THE COURT OF................................. Suit No............................... of 200
In the Matter of: -
AB.................................................................... Plaintiff
versus
CD................................................................ Defendant
Most Respectfully Showeth: -
1. That the above-noted case was fixed for hearing on............................ (date).
2. That it is submitted that the Applicant was standing outside the court room when the case was called out and he went to call his counsel but did not inform the court that he was present and was going to call his counsel.
3. That by the time when the applicant returned to the court room the suit was dismissed in default.
PRAYER It is therefore prayed that the order of dismissal of the suit be set-aside and the suit be restored to file on such terms and conditions as this Hon’ble Court may deem fit and proper.
It is prayed accordingly Applicant
Through Advocate
Place: ..............................
Dated: ..............................

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.

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 4 C P C: Sample Format

Using this format

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