Application under Order IX Rule 7 read with Section 151 of the Civil Procedure Code, 1908, to set aside order proceeding Ex-Parte

 

In the 2^nd Court of the Learned Civil Judge (Senior Division), Baruipur, South 24 Parganas

 

Money Suit No. 314 of 2023

                                                         

In the matter of ;

                                                          Sri Dilip Mondal,

                                                                             _________Plaintiff

-      Versus –

Sri Apurba Naskar

                   __________defendant

 

Application under Order IX Rule 7 read with Section 151 of the Civil Procedure Code, 1908, to set aside order proceeding Ex-Parte

 

 

Most respectfully showeth;

 

The defendant above named respectfully submits as follows;

 

1.   That the above suit is pending before this Hon’ble Court and is now fixed for ex parte hearing against the Defendant.

 

2.   That the Defendant was served with summons, but could not appear before this Hon’ble Court on 25-04-2025, since, the summon of the present suit was received by a person other than the defendant, who failed to inform the defendant in due time. However, upon becoming aware of the pendency of the suit, the defendant has taken prompt and sincere steps to appear today and to file his Written Statement before this Hon’ble Court.

 

3.   That the non-appearance of the Defendant was neither willful nor deliberate, but due to the reasons stated above.

 

4.   That the Defendant is now appearing before this Hon’ble Court and is desirous of contesting the suit by filing a written statement and participating in the present suit proceedings.

 

5.   That no prejudice will be caused to the Plaintiff if the Defendant is allowed to participate in the present suit proceedings. On the other hand, the Defendant will suffer irreparable loss if not given an opportunity to contest the present suit.

 

6.   That this application is made bona fide and in the interest of justice.

 

In view of the above, the Defendant most respectfully prays that this Hon’ble Court may be pleased to:

 

a)    Vacate the ex parte order dated 25-04-2025 and permit the Defendant to participate in the proceedings of the suit;

 

b)   Grant leave to the Defendant to file a written statement;

 

c)    Pass such other and further orders as this Hon’ble Court may deem just and proper in the circumstances of the case.

 

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

 

 

 

 

 

 

 

 

 

Verification

 

I, Apurba Naskar, being the defendant in the present Suit proceeding. I am well acquainted and conversant with the material facts as stated in the forgoing paragraphs of my application. I, verify & sign the application on 17^th day of May’ 2025, at Baruipur Court Premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Apurba Naskar, Son of Sri Dulal Chandra Naskar, aged about 35 years, by faith Hindu, by Occupation Business, residing at Village – Tegharia, Post Office – Ramkrishna Pally, Police Station Narendrapur, Kolkata – 700150, District South 24 Parganas, do hereby solemnly affirm and says as follows;

 

1.           That I am the defendant in the present Suit matter. I am well acquainted and conversant with the material facts of the present Suit. I am competent to swear this affidavit.

 

2.           That the statements of the paragraph number 2, & 3, are true to the best of my knowledge and belief, and the rests are my humble submissions before the Learned Court.

 

The statements made above are true to my knowledge and belief.

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

Prepared in my Chamber,

 

 

Advocate

 

Date : 17^th day of May’ 2025;

Place :Baruipur Court Premises;

 

N O T A R Y