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

Landmarq

Talk To Lawyer

Petition to restore the appeal dismissed for default

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/appellant under Or. 41 R. 19 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 30/05/2025 and restore the appeal to file, or re-admit the same, 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: 06/06/2025

Advocate for Petitioner

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

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

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 appellant in the above appeal and the petitioner herein. I am well acquainted with the facts of the case.
  2. I had filed this appeal against the judgment and decree passed in O.S. No. 1024/2024 on the file of City Court, New Delhi, dated 28/05/2025. The appeal was posted to 30/05/2025 for hearing.
  3. Unfortunately, I was suffering from typhoid fever and was under bed rest. Due to this genuine illness, I was unable to appear before the Hon’ble Court on the date of hearing. As a result, the Hon’ble Court dismissed my appeal for default/non-prosecution.
  4. There was no willful default or negligence on my part. I have a strong case and substantial grounds to succeed in the appeal.
  5. Hence, I respectfully request that the Hon’ble Court may be pleased to set aside the default dismissal order dated 30/05/2025 and restore the appeal to file in the interest of justice.

Else, 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 the deponent admitted the same to be true and correct. The deponent affixed his signature/thumb impression before me on this the 6th day of June, 2025.

Place: New Delhi
Date: 06/06/2025

Advocate for Petitioner