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Petition to set aside the exparte order and to re-hear the appeal

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/ Respondent under Or. 41 R. 21  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 ex parte judgment dated 30/05/2025 and re-hear the appeal, 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, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the respondent in the main appeal and the petitioner herein. I am well acquainted with the facts of the case.
  2. I submit that the appeal was posted for hearing on 30/05/2025. Unfortunately, I met with a road accident prior to that date and sustained a fracture in my left leg, due to which I was completely bedridden and unable to move or communicate properly. In such circumstances, I could not contact my advocate and was unable to appear or give instructions to contest the appeal.
  3. As a result, the Hon’ble Court was pleased to pass an ex parte judgment on 30/05/2025. I came to know of this only on 04/06/2025. I am now filing this petition to set aside the ex parte judgment. I am also submitting the medical certificate issued by my doctor in support of my claim and to prove my bonafides.
  4. I state that there is no willful negligence or delay on my part. I have a strong case and am confident that I will succeed in the appeal if it is reheard.
  5. Hence, I humbly request that the Hon’ble Court may be pleased to set aside the ex parte judgment dated 30/05/2025 and re-hear the appeal in the interest of justice.

Else, I will be put to irreparable loss.

Deponent: Arjun Kumar

Solemnly affirmed and the contents of the affidavit were read over and explained to the deponent in Telugu, who admitted them to be true and correct. The deponent signed/thumb-marked before me on this the 6th day of June, 2025.

Place: New Delhi
Date: 06/06/2025

Advocate for Petitioner