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Petition to set aside the exparte order

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

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Petition filed on behalf of the Petitioner/Plaintiff under Order 9 Rule 7 and Section 151 of CPC

For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon’ble Court may be pleased to set aside the ex parte order dated 6th May 2025 passed against the petitioner/defendant and permit the petitioner to contest the matter, 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

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

Neha Sharma

…Plaintiff

Vs.

Arjun Kumar

…Defendant

Affidavit

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

  1. I am the defendant in the above suit and the petitioner herein, and I am well acquainted with the facts of the case.
  2. The matter stood posted to 6th May 2025 for my evidence. Unfortunately, I was suffering from jaundice for the last few weeks, and was completely bedridden and unable to attend before the Hon’ble Court.
  3. Consequently, I was set ex parte on the said date, and the matter was posted for arguments.
  4. I humbly submit that my evidence and the witnesses I intend to produce are vital for proper adjudication of the case. I have a valid defense and intend to contest the matter in good faith.
  5. The absence on the said date was neither willful nor due to negligence on my part.

Hence, I respectfully pray that the Hon’ble Court may be pleased to set aside the ex parte order dated 6th May 2025 passed against me and permit me to contest the suit in the interest of justice.

Otherwise, I will be put to irreparable loss.

Deponent
(Arjun Kumar)

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

Place: New Delhi
Date: 6th June 2025

Advocate