IN THE COURT OF SENIOR CIVIL JUDGE

(DISTRICT-GWALIOR)

I.A NO. OF 2020

IN SUIT NO. _______ OF 2020

IN THE MATTER OF:-

ABC. … Applicant

VERSUS

Xyz … Respondent

APPLICATION UNDER ORDER 9 RULE 4 OF CPC, READ WITH SECTION 151 OF CPC,
ON BEHALF OF PETITIONER, FOR RESTORATION OF PRESENT OBJECTION
PETITION. WITH AFFIDAVIT.

MOST RESPECTFULLY SHOWETH:

1. That the aforesaid matter was pending adjudication in the regular list before this Hon’ ble
High Court. The matter in regular list reached for final hearing on . Again the matter
came up for hearing on and this Hon’ ble High Court pleased to dismiss the present
 objection petition in default and non-prosecution because of nonappearance on behalf of
the petitioner. The copy of the order-dated ------- is annexed as ANNEXURE-A.

2. That the petitioner counsel couldn't notice the present case published and circulated in the
cause list on -------- and -------. Hence couldn't appear on the above dates. The office
staffs of petitioner counsel was instructed to regularly checkup the matters in regular
matters on internet but they failed and missed out previous listing of the matters on
-------- & ------. Since counsel of petitioner was not aware of above listing. Hence
couldn't appear in the matter before this Hon' ble High Court at the time of hearings on
above mentioned dates. The petitioner-department was also not aware about the listing of
the present case on above-mentioned dates.

3. That on -------------------, the counsel for petitioner Mr --------------- Adv received a

message from the office of Mr --------------- that the present matter has been - dismissed
in default and non-prosecution for non appearance. Thereafter, the office of counsel for
petitioner checked up the previous orders and came to know about the orders dated
--------------------- and -------------. Thereafter the restoration application was prepared
and sent for signature to the department, on ---------------------. The signed copy of
restoration application received by the counsel on --------- and hence the application is
being filed before this Hon' ble Court.

4. That the absence of counsel for petitioner was not wilful or intentional rather
circumstantial.
5. That in the above facts and circumstance of the case and in the interest of justice and the
Hon' ble High Court may be pleased to restore the present objection petition.

PRAYER

It is, therefore, most respectfully prayed this Hon’ble Court may be pleased to:-
a. Allow the present restoration application andrestore the present Objection
Misc. Petition OMP No.000/0000 to its original position .

b. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts
and circumstances of the present case.

PETITIONER/ APPLICANT

THROUGH

Advocate

NEW DELHI

DATE: