IN THE COURT OF THE CITY CIVIL & SESSION JUDGE,

AT BENGALURU

I.A.No. 01 /2020

O.S. No. 3298 /2020

Plaintiff: Sri. Aditya Roa

#67, 3rd cross,
Meenakshi layout,
Kengeri,
Bengaluru – 560 060

-Vs-

Defendant: Sri. Ajay Kumar

Partner of M/S Ginger Trading co.
Electrical Goods at No. 8 & 9
Rear portion of building,
Avenue road,
Bengaluru – 560 001

APPLICATION UNDER ORDER 09 RULE 13 OF THE CODE OF CIVIL

PROCEDURE, 1908

The defendant prays that for the reasons sworn to in the accompanying
affidavit the defendants prays that this Hon’ble Court be pleased to set aside the order of
placing the defendants ex-parte and permit the defendants to come on record in the above
case by allowing the application in the interest of justice and equity.

Place : BANGALORE

DATE: 05/12/2020 ADVOCATE FOR

DEFENDANTS
 IN THE COURT OF THE CITY CIVIL & SESSION JUDGE,
AT BENGALURU

O.S.No. 3298 /2020

BETWEEN:

Sri. Aditya Roa Plaintiff

AND:

Sri.Ajay Kumar. Defendant

AFFIDAVIT

I, Ajay Kumar s/o Ram kumer residing at #23, Ramaiah layout ,5 th cross, RR
nagar , Bengaluru – 560060 do hereby solemnly affirm and state on oath as
under:
1. I submit that I am one of the partners of the firm M/s. Ginger Trading Co. A
suit is filed by plaintiff for seeking the recovery of Rs.15 Lacs. I know the facts
of the case. Accordingly I am swearing this affidavit.
2. I submit that the above case has been filed in order to cause mental agony and
hardship and hence the Plaintiff has impleaded all the partners of the firm as
defendants. The defendant No. 1, 2, 4 & 5 are in no way involved in the affairs
of the firm and are deemed sleeping partners.
3. I submit that the defendants claims that, they have not received any summons
from the Hon’ble Court and as such none of the defendants were not aware of
the above proceedings.
4. I submit that the plaintiff used to visit Ajay Kumar’s shop very often but has
not informed about the institution of the above suit. Defendant came to know
about the filing of the above suit by the plaintiff through his neighbor on
12.08.2020.
5. I submit that the defendant immediately went to his advocates office and
informed about the information received by him. as per the advice of his
advocate, he applied for certified copies of the order sheet, plaint and other
documents.
6. I submitted that upon perusal of the order sheet defendant was shocked to
note that due to the false and incorrect endorsement of the postal authorities,
“as not claimed”, the Hon’ble Court was pleased to place all the defendants
ex parte, by order dated 09.04.2008.
 7. I submit that Neither Ajay Kumar nor any of the defendants in the above suit
have received any registered post from the said Hon’ble Court nor have any of
them failed to claim the same.
8. I submit that due to the above mentioned reasons it was not possible
for us to appear before the Hon’ble Court when the above case was
posted for our appearance.

9. I submit that if the order of placing us ex-parte is not set aside and
permit us to come on record to defend the above case, we will be put
to great hardship and inconvenience. On the other hand if we are
permitted to come on record no hardship will be caused to the
plaintiff.

WHEREFORE, we pray that this Hon’ble Court be pleased to set aside the order of
placing us ex-parte and permit us to come on record as prayed for in the accompanying
application in the interest of justice and equity.

VERIFICATION

I,Ajay Kumar the deponent herein do hereby declare that this is my name and signature
and the contents of the above paras are true to the best of my knowledge, belief and
information.

Identified by me

ADVOCATE
BANGALORE
DATE:05/12/2020 DEPONENT