Restoration Application

IN THE [court_name] MISC. APPLICATION NO. ________ OF 20____ IN CASE NO. [case_number] IN THE MATTER OF: [applicant_name] ... APPLICANT VERSUS [opposite_party_name] ... RESPONDENT APPLICATION UNDER ORDER IX OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RESTORATION MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter was listed before this Hon'ble Court on [dismissal_date], and on that date the matter was dismissed for default / decided ex-parte in the absence of the Applicant. 2. REASON FOR NON-APPEARANCE The Applicant was unable to appear or be represented on the said date for the following reasons: [reason_for_absence] 3. That the absence of the Applicant on the said date was neither intentional nor deliberate, nor did it arise from any negligence or want of bona fides. The Applicant was prevented by sufficient cause from appearing. 4. That the Applicant has been diligent in prosecuting the matter on all other dates, and has at no stage shown any disinterest in its outcome. 5. SUPPORTING MATERIAL [supporting_material] 6. That the Applicant has a good and arguable case on the merits, and if the matter is not restored the Applicant will be gravely prejudiced and denied an adjudication on the merits. 7. That no prejudice will be caused to the Respondent by restoration of the matter, and any inconvenience can be adequately compensated by an order as to costs. 8. That this application is filed within the period of limitation prescribed for such an application, and is made bona fide and in the interests of justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Set aside the order dated [dismissal_date] dismissing the matter for default / passed ex-parte; (b) Restore Case No. [case_number] to its original number and position on the file of this Hon'ble Court; (c) Permit the Applicant to prosecute and defend the matter on the merits; and (d) Pass such other or further orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL AS IN DUTY BOUND EVER PRAY. Place: ______________ Date: [application_date] [applicant_name] APPLICANT Through ______________________ ADVOCATE FOR THE APPLICANT NOTE: An application to set aside a dismissal for default lies under Order IX Rule 9, and one to set aside an ex-parte decree under Order IX Rule 13. Both must ordinarily be filed within thirty days of the order or of knowledge of it. This application should be supported by an affidavit, and by a separate application for condonation of delay if filed late.