IN THE COURT OF THE……..
E.A. No………….in E.P. No…………..in O.S No……….
Between
…Petitioner/JDR
Vs.
…Respondent/DHR
Petition filed on behalf of the petitioner/JDR under Or.21 R. 106 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 exparte order dated……. Passed against the petitioner, 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:
N.B: This petition shall be filed within 30 days from the date of exparte. If there is delay in filing the application the petitioner can file an application to condone the delay under Sec. 5 of Limitation Act.
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/JDR 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 the DHR filed the E.P for my arrest to recover the decretal amount. I have filed my counter stating that I have no means to pay the decretal amount, and the E.P stands posted to …… for enquiry. On that date of adjournment I am suffering with fever and so I could not attend before the Hon’ble court and the Hon’ble court was pleased to set exparte for my non-appearance. There is no willfull negligence on my part.
- Hence I therefore prays that the Hon’ble court may be pleased to set aside the exparte order dated…….. passed against the petitioner.
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: