Exparte Vacating Petition in maintenance case before the Magistrate

 

District – South 24 Parganas.

 

IN THE COURT OF THE LEARNED 4^TH JUDICIAL MAJISTRATE AT ALIPUR, SOUTH 24-PARGANAS.

 

ACM / 659/ 2021.

 

                                                                   In the matter of :-

 

Shri Kartik Mondal, Son of Late Shreekanto Mondal, aged about 60 years, residing at Premises being no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata – 700099, District South 24 Parganas.

                             __________Petitioner.

-          Versus –

 

Shri Subrata Mondal, Son of Kartick Mondal, aged about 29 years, residing at Premises being no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata – 700099, District South 24 Parganas

__________Opposite Party.

 

“Ex-parte” Vacating Petition by the O.P.

 

The humble Petition on behalf of the Opposite Party, most respectfully;

Sheweth as under :-

 

1. That the Opposite Party has appeared in the present proceeding upon receipt of the notice. The Opposite Party has all along taken endavour for his appropriate steps in taking recourses to contest the proceeding against the Petitioner.

 

2. That on 16/01/2024, while the matter was called out for hearing before the Learned Court, the Learned Advocate for the O.P. was absent event after placing Hazira on behalf of the O.P., therefore the Learned Court was sufficiently pleased to direct for the “Exparte” hearing of the present proceeding.

 

3. That subsequently, the Learned Court was pleased to impose Cost of Rs. 5,000/- (Rupees Five Thousand) only, and Rs. 1,000/- (Rupees One Thousand) only, totaling as a sum of Rs. 6,000/- (Rupees Six Thousand) only, on the O.P. with a direction to pay the Petitioner.

 

4. That the O.P. appeared in the present proceeding on last occasion also. The O.P. all along intended to contest the present proceeding for the fair and appropriate adjudication of the present proceeding, in the interest of administration of Justice, before the Learned Court.

 

5. That on the said specified occasion, while the Learned Court was pleased to direct the present proceeding “Ex-parte” being found absent on call event after placing the Hazira. It would be pertinent to states that the Learned Advocate was engaged in other case matter before the Learned Court of Judicial Magistrate. The said absent on call was not intended ever.

 

6. That the O.P. placed his unconditional apology and undertaking to take appropriate steps in the present proceeding and no such mistake would happen in future, before the Learned Court.

 

7. That the O.P. would oblige in complying the direction of the payment of Cost to the Petitioner, against the proper receipt thereof and placed on record in the present proceeding.

 

8. That the O.P. seeks the vacating of the “Ex-parte” direction in the present proceeding with an opportunity to the O.P. to contest the present proceeding against the petitioner herein, in the interest of administration of Justice.

 

9. That unless the Learned Court vacated the “Ex-parte” direction in the present proceeding with an opportunity to the O.P. to contest the present proceeding against the petitioner herein, the O.P. will highly prejudice and suffer with irreparable loss and injury, thereof.

 

10. That the balance of convenience and inconveniences are in favour of the O.P. and the Petitioner will not prejudice.

 

11. That this application is made bonafide and in the interest of administration of Justice.

It is therefore prayed that Your Honour would graciously be pleased to allow this application and to vacate the “Ex-parte” order against the O.P. with an opportunity to contest the present proceeding, in the interest of administration of Justice, and /or to pass such other necessary order or further order or orders, as your Honour may deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

Verification

 

I, Subrata Mondal, being the Revisionist, made this revision petition. I am fully acquainted and conversant with the material facts as stated in the forgoing paragraphs, and duly verified and sign, on the day ……………..of ……………2024, at Alipore Police Court.

 

 

                  

 

                                                                            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

I, Shri SubrataMondal, Son of Kartick Mondal, aged about 29 years, residing at Premises being no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata – 700099, District South 24 Parganas,  do hereby solemnly affirm and says as follows :-

 

1. That I am the Opposite Party herein and as such I am fully conversant with the facts and circumstances of the Case. I am competent to swear this affidavit.

 

2. That the facts stated in the exparte vacating petition are true to the best of my knowledge and belief, and the rests are my humble submissions before the Learned Court.

 

 

 

 

 

 

 

                                                                             DEPONENT

                                                                             Identified by me,

 

                                                                             Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : ………../…………2024.

Place :Alipore Police Court.

 

                                                                   NOTARY.