Legal Format & Draft
Restoration Application in Writ Petition: Draft & Format
Reference draft used in Indian courts — replace the blanks with your own case details.
In the Hon’ble High Court of Judicature at ......................
Civil Misc. Restoration Application No..............of 20.......
(Under Section 151 of the Civil Procedure Code)
On behalf of
Smt.............................. ...Petitioner/Applicant
IN
Civil Misc. Writ Petition No......... of 20......(District .......)
Smt.................................... ...Petitioner
Versus
1. IIIrd Addl. Dist. Judge and others. ...Respondents.
To
The Hon’ble Chief justice and his other Companion Judges of the aforesaid Hon’ble Court.
The Humble application of the abovenamed petitioners most respectfully showeth as under :
1. That full facts have been stated in the accompanying affidavit.
PRAYER It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to
stay the demolition of the house built on the land in dispute and also the dispossession of the
petitioners from the land in dispute during the pendency of the writ petition else the petitioners
shall suffer irreparable loss.
Advocate for the petitioner
In the Hon’ble High Court of Judicature at ................
Affidavit
IN
Civil Misc. Restoration Application No........... of 20........
On behalf of
Smt...................... and others. ...Petitioners/Applicants
IN
Civil Misc. Writ Petition No................of 20......
(District :........)
Smt....................... and others. ...Petitioners
Versus
IIIrd Addl. Distt. Judge and others. ...Respondents
Affidavit of ................, aged about............ years, son of ............... resident of........... P.O.
Distt............
(Deponent)
I, the abovenamed, deponent do hereby solemnly affirm and state on oath as under :
1. That the deponent is the petitioner No. 2 and as such, is fully conversant with the facts of
the case deposed to below.
2. That the present writ petition was filed in person by the deponent as the Hon’ble Court
was closed for Advocate’s strike.
3. That after hearing the respondent the Hon’ble Court was pleased to stay the demolition of
the house of the petitioners and also the dispossession as well.
4. That initially when the deponent came ............., he engaged Sri...........................
Advocate for filing the writ petition. But since Sri ...................... was junior in the
Chamber of Sri.............................hence Mr....................... prepared the case and
filed the same in his own name.
5. That Sri........................ left the Chambers of Sri............................... in the month of
............., 20...... and kept the office copy of the petition with him but no intimation of any
type was sent to the dependent.
6. That it appears that the case was listed with the name of Sri.......................... but he
did not appear while the name of Mr.................................... was not there.
Hence, Mr............................ could not trace out the case, which resulted in dismiss of this
case for no fault of the petitioners.
7. That on ............. when the counsel of the petitioners at Lower Court Sri................
informed the deponent that his case at .............................. has been dismissed he
immediately rushed to Allahabad and contacted Sri ....................................., on
...........20....... and when the record was inspected the entire matter came to the
knowledge of the petitioners.
8. That without being late the deponent is moving the present application.
9. That in case this Hon’ble Court comes to the conclusion that the application is beyond
time, although it is within time from the date of information, then a separate application
under Section 5 of the Limitation Act is also being moved. The same may be allowed
considering the facts and circumstances which were beyond the control of the petitioners.
I, the deponent, abovenamed, do hereby solemnly affirm and State on oath that the contents
of paragraphs 1 to 9 of this affidavit are true on the basis of the personal knowledge and the
contents of paragraph are based on records and the contents of paragraph are based on
legal advise; which all I believe to be true and no part of it is false and nothing material has
been concealed. So help me God.
I, ............................................ Clerk to Sri.............................., Advocate, High Court,
..................., do hereby declare that the person making this affidavit and alleging himself to
be the deponent is known to me from the perusal of the papers which he produced in this
case before me.
Solemnly affirm before me on the ................ day of ..............., 20........ at
............................ By the deponent who has been identified by the aforesaid clerk.
I have satisfied myself by examining the deponent that he understands the contents of
paragraphs of this affidavit which have been explained to him.
Oath Commissioner
Civil Misc. Restoration Application No..............of 20.......
(Under Section 151 of the Civil Procedure Code)
On behalf of
Smt.............................. ...Petitioner/Applicant
IN
Civil Misc. Writ Petition No......... of 20......(District .......)
Smt.................................... ...Petitioner
Versus
1. IIIrd Addl. Dist. Judge and others. ...Respondents.
To
The Hon’ble Chief justice and his other Companion Judges of the aforesaid Hon’ble Court.
The Humble application of the abovenamed petitioners most respectfully showeth as under :
1. That full facts have been stated in the accompanying affidavit.
PRAYER It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to
stay the demolition of the house built on the land in dispute and also the dispossession of the
petitioners from the land in dispute during the pendency of the writ petition else the petitioners
shall suffer irreparable loss.
Advocate for the petitioner
In the Hon’ble High Court of Judicature at ................
Affidavit
IN
Civil Misc. Restoration Application No........... of 20........
On behalf of
Smt...................... and others. ...Petitioners/Applicants
IN
Civil Misc. Writ Petition No................of 20......
(District :........)
Smt....................... and others. ...Petitioners
Versus
IIIrd Addl. Distt. Judge and others. ...Respondents
Affidavit of ................, aged about............ years, son of ............... resident of........... P.O.
Distt............
(Deponent)
I, the abovenamed, deponent do hereby solemnly affirm and state on oath as under :
1. That the deponent is the petitioner No. 2 and as such, is fully conversant with the facts of
the case deposed to below.
2. That the present writ petition was filed in person by the deponent as the Hon’ble Court
was closed for Advocate’s strike.
3. That after hearing the respondent the Hon’ble Court was pleased to stay the demolition of
the house of the petitioners and also the dispossession as well.
4. That initially when the deponent came ............., he engaged Sri...........................
Advocate for filing the writ petition. But since Sri ...................... was junior in the
Chamber of Sri.............................hence Mr....................... prepared the case and
filed the same in his own name.
5. That Sri........................ left the Chambers of Sri............................... in the month of
............., 20...... and kept the office copy of the petition with him but no intimation of any
type was sent to the dependent.
6. That it appears that the case was listed with the name of Sri.......................... but he
did not appear while the name of Mr.................................... was not there.
Hence, Mr............................ could not trace out the case, which resulted in dismiss of this
case for no fault of the petitioners.
7. That on ............. when the counsel of the petitioners at Lower Court Sri................
informed the deponent that his case at .............................. has been dismissed he
immediately rushed to Allahabad and contacted Sri ....................................., on
...........20....... and when the record was inspected the entire matter came to the
knowledge of the petitioners.
8. That without being late the deponent is moving the present application.
9. That in case this Hon’ble Court comes to the conclusion that the application is beyond
time, although it is within time from the date of information, then a separate application
under Section 5 of the Limitation Act is also being moved. The same may be allowed
considering the facts and circumstances which were beyond the control of the petitioners.
I, the deponent, abovenamed, do hereby solemnly affirm and State on oath that the contents
of paragraphs 1 to 9 of this affidavit are true on the basis of the personal knowledge and the
contents of paragraph are based on records and the contents of paragraph are based on
legal advise; which all I believe to be true and no part of it is false and nothing material has
been concealed. So help me God.
I, ............................................ Clerk to Sri.............................., Advocate, High Court,
..................., do hereby declare that the person making this affidavit and alleging himself to
be the deponent is known to me from the perusal of the papers which he produced in this
case before me.
Solemnly affirm before me on the ................ day of ..............., 20........ at
............................ By the deponent who has been identified by the aforesaid clerk.
I have satisfied myself by examining the deponent that he understands the contents of
paragraphs of this affidavit which have been explained to him.
Oath Commissioner
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.
Related
- Civil Litigation services in Kolkata
- Filing in the Calcutta High Court: complete guide
- All sample legal formats
- All 47 practice areas
- Free first consultation
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.