To RE-OPEN your FILE, IF DISMISSED - File party in person

IN THE HONOURABLE COURT OF THE JUDGE FAMILY COURT

City /District

  O.P. No: No/YEAR

BETWEEN:

Mr./Mrs  ??????

S/o  or W/o ??????

Occ:??????, AGE:??,

R/o: ?????????                                                                                      ...Petitioner

AND:

Mr./Mrs  ??????

S/o  or W/o ??????

Occ:??????, AGE:??,

R/o: ?????????

...Respondent

PETITION FILED UNDER ORDER 9 RULE 9 CPC

May it please your Honour:

I, ??????, S/o or W/o ??????, the Petitioner herein and I have been attending the suit proceedings as party in-person to the best of my ability and most respectfully.

I submit that my last hearing was slated for ??/??/????. Being on out station trip along with my parents for the preceding week, I even return to the station on ??/??/???? by cut-shorting my visit, only with a view to put my appearance in the court on the designated date i.e. on ??/??/????. However, during my return I got a severe viral fever, due to which I was incapacitated immediately on my return rendering me to bed return. As such, I could not attend the suit proceedings on ??/??/????, inspite of returning from the journey specifically for the purpose. Subsequently, when I went to the court office to acquaint myself with the position of my case, to my surprise and dismay I was told that case was dismissed due to default.              

OR YOUR CONVENIANCE REASON

In this connection, I respectfully submit that my absence on the designated date was due to my incapacitation, but not advertent. As such, I pray the Honourable Court to condone my absence due to the reason aforesaid mitigating circumstances and due to reasons beyond my control.

I request the Honourable Court to kindly re-open the case and afford me the opportunity to appear again in the interest of natural justice.

I shall be very grateful for such kind jesture and shall not give any further cause for the recurrence such absences in future.

Place: ?????????                                                                                             

Date:??/??/????                                                                                  PETITIONER

AFFIDAVIT VERIFICATION BY PETITIONER

I, ??????,  S/o: or W/o ??????, , Occ: ???????, AGE:??,

R/o: ?????????  do hereby state and affirm under oath as follows:

1. I am the Deponent herein and as such I am well aware of the facts and circumstance of the case.

2. I submit that I filed the above affidavit petition to re-open the file.
3. I further submit that the contents of the petition are true and correct to the best of my knowledge and belief and hence I verify the same to be correct.

Place: ??????                                                                                      

Date:??/??/ ????                                                                                 DEPONENT