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Petition to set aside the default dismissal order by plaintiff

IN THE COURT OF THE CITY CIVIL JUDGE, 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 Order 9 Rule 9 and Section 151 of CPC

For the reasons stated in the accompanying affidavit, the petitioner respectfully prays that the Hon’ble Court may be pleased to set aside the default dismissal order dated 6th May 2025 passed against the petitioner/plaintiff and restore the suit to its original position. The petitioner also prays for such other orders as the Hon’ble Court may deem fit and proper in the circumstances of the case 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

Arjun Kumar

…Plaintiff

Vs.

Neha Sharma

…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 plaintiff in the above suit and the petitioner herein, and I am well acquainted with the facts of the case.
  2. I had filed the present suit for recovery of money from the defendant. The suit was posted for trial on 6th May 2025.
  3. Unfortunately, I was suffering from high fever for the last 20 days and was advised strict bed rest by my physician. As a result, I was unable to appear before the Hon’ble Court on the said date.
  4. Consequently, the Hon’ble Court dismissed the suit for default of appearance.
  5. I respectfully submit that there was no willful negligence or lapse on my part in not attending the court. I am enclosing the medical certificate issued by the attending doctor as proof of my bonafides.
  6. I have a genuine cause of action, and unless the suit is restored, I will be put to irreparable loss and hardship.

Hence, I most humbly pray that the Hon’ble Court may be pleased to set aside the default dismissal order dated 6th May 2025 and restore the suit to its file and number in the interest of justice.

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