Civil Pleading - Application_Order9Rule9_CPC_Restoration_Clean_Format_v2

Category: Civil Law Documents

Updated: 2026-08-30T13:05:58.692169+00:00

APPLICATION UNDER ORDER 9, RULE 9, C. P. C. APPLICATION FOR RESTORATION OF SUIT WHERE SUIT WAS DISMISSED IN DEFAULT OF THE PLAINTIFF ONLY. IN THE COURT OF THE.................... Application No..................... of 19.................... Under Order 9, Rule 9 C. P. C. in Suit No..................... of 19........................................ A. B................................................................... Plaintiff VERSUS C. D............................................................... Defendant Application for restoration of the suit dismissed in default on.................... 19.................... Sir, The plaintiff most respectfully submits as under: 1. That the suit was fixed for.......... 19.......... for evidence/arguments............... It was called at 11 a. m. and the plaintiff went to call his counsel Shri....................

, who was not available at his seat at that time, and the plaintiff informed the Court of this fact, and again went to call his counsel, whom he found in Court No..................... arguing another matter and he said to the plaintiff to ask the Court for time upto lunch hours. Accordingly, the plaintiff requested the Court to wait till lunch hours. But, however, the learned Court dismissed the suit in default of the plaintiff. 2. That in the circumstances it is expedient that the suit be restored to its original number, setting aside the ex-parte order aforesaid. PRAYER It is, therefore, most respectfully prayed that Your Honour may be pleased to set aside the ex-parte dismissal order and restore the suit in its original number, and dispose of it on merits after taking evidence and hearing the parties. It is accordingly prayed. Applicant Through Advocate Place:....................

Dated:....................