Sample Application under Order 9 Rule 9 CPC for Restoration of Suit

APPLICATION UNDER ORDER 9 RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RESTORATION OF SUIT

The Plaintiff abovenamed most respectfully states as follows:

1. That the Plaintiff had filed the present suit for [brief description] which was posted for hearing on [date].
2. That on the said date of hearing, the Plaintiff could not appear before this Hon'ble Court due to [reason - sudden illness / unavoidable circumstances / wrong noting of date].
3. That the Plaintiff was under a bona fide belief that the case was adjourned to a later date.
4. That due to the non-appearance of the Plaintiff, the suit was dismissed in default vide order dated [date].
5. That the Plaintiff has a good prima facie case on merits and the dismissal was not on merits of the case.
6. That the Plaintiff is ready and willing to proceed with the suit expeditiously.
7. That the application is made bona fide and in the interest of justice.

Prayed that the order of dismissal dated [date] be set aside and the suit be restored to its original number.