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IN THE COURT OF _________ , __________judge, ________

 In the matter of: 

…Plaintiff.

v e r s u s

…Defendant.

APPLICATION UNDER ORDER 9, RULE 9 OF CPC READ WITH SECTION 151 OF CPC.    

MOST RESPECTFULLY SHEWETH:

1.                   That the above-mentioned case was fixed for hearing on _________.

2.                   That due to ___________ the counsel of the plaintiff could not appear before this Hon’ble Court and due to non-availability of _________ with his counsel he could not also inform the plaintiff to appear before this Hon’ble Court, and hence, this Hon’ble Court was pleased to dismiss in default the suit of the plaintiff.

It is, therefore, most respectfully prayed that this Hon’ble Court may be graciously pleased to set aside the order dated _________ dismissing the suit of the plaintiff in default and restore the suit of the plaintiff, in the interest of justice.

 Plaintiff

 Through Counsel

Advocate

Place: ______

Dated: ______

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Last Updated: 15 July 2010