Call No. : +91 70452 82751 / Mail Address : support@landmarq.in

Landmarq

Talk To Lawyer

Petition to restore the suit before serving the summons to the defendant

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Petition filed on behalf of the petitioner/plaintiff under Or. 9 R. 4 and Sec. 151 of CPC

For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to set aside the default dismissal order dated 20th May 2025 by restoring the suit to file, and to pass such other orders as the Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner
(Sd/-) [Advocate’s Name]

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Plaintiff

Vs.

Neha Sharma

…Defendant

AFFIDAVIT

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Occupation: Businessman, R/o: 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the suit and petitioner herein, and I am well acquainted with the facts of the case.
  2. I respectfully submit that this Hon’ble Court had ordered to pay batta for issuance of summons to the defendant. However, I was suffering from viral fever during that period and was completely bedridden, due to which I was unable to attend court or pay the required batta.
  3. There is no willful delay or negligence on my part. The non-compliance was purely due to health reasons beyond my control.
  4. I therefore pray that this Hon’ble Court may be pleased to set aside the default dismissal order dated 20th May 2025, passed against me, and restore the suit to file in the interest of justice.
  5. Else, I will be put to irreparable loss.

Deponent
(Signature) Arjun Kumar

Solemnly affirmed and the contents of the affidavit were read over to the deponent and explained in Telugu, and upon admitting the contents to be true and correct, he signed before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner
(Sd/-) [Advocate’s Name]