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Petition to set aside the exparte decree

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 13 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 exparte decree dated 6th May 2025 passed against the petitioner/defendant and permit him to contest the matter, and to pass such other orders as the Hon’ble Court deems 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

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. I am well acquainted with the facts of the case.
  2. I respectfully submit that due to a medical emergency in my family—my wife underwent a gynaecological surgery—I was unable to attend the court on the adjourned dates.
  3. As a result, the Hon’ble Court set me exparte and subsequently passed an exparte decree on 6th May 2025.
  4. I am advised that I have a strong and meritorious defence in the case. I am ready and willing to contest the matter in a lawful and just manner.
  5. The absence was not intentional, and there was no willful negligence or lapse on my part.
  6. I am filing this petition within the prescribed period and request the Hon’ble Court to kindly set aside the exparte decree and allow me to participate in the trial.

Unless the decree is set aside, I will suffer irreparable loss.

Deponent
(Arjun Kumar)

Solemnly affirmed and the contents of the 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