IN THE COURT OF THE……..
E.A. No………….in E.P. No…………..in O.S No……….
Between
…Petitioner/DHR
Vs.
…Respondent/JDR
Petition filed on behalf of the petitioner/DHR under Or.21 R 107 and 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 default dismissal order dated ……… and restore the E.P and to pass such other orders as the Hon’ble court deems fit and proper in the circumstances and in the interest of the justice.
Advocate for Petitioner
Place:
Date:
IN THE COURT OF THE………
E.A. No…………….in E.P……………in O.S No……….
Between
… DHR
Vs.
…JDR
Affidavit filed on behalf of the petitioner/DHR under Sec. 139 of CPC
I, ………………… S/W/o, ………….. Religion………………. aged about………… Occupation………… R/o……….do hereby solemnly affirm and state on oath as follows:
- I am the DHR in the E.P. and petitioner herein, and I am well acquainted with the facts of the case.
- I submit that I have filed the E.P for removal of obstruction caused by the JDR as per the decree granted in my favour for mandatory injunction. The E.P stands posted to ……. For enquiry, since 10 days I am suffering with viral fever and so I could not present before the Hon’ble court on the date of adjournment. The Hon’ble court dismissed my E.P for my non-appearance. There is no willfull negligence or latches on my part.
- Hence I therefore prays that the Hon’ble court may be pleased to set aside the default dismissal order dated …….. and restore the E.P.
Else, I will be put to irreparable loss.
Deponent
Solemnly affirmed and the contents of the affidavit read over to the deponent and explained in Telugu, after his admission he put his thumbmark-signed before me this the ………….. day of…………. year.
Advocate
Place:
Date: