Restoration Petition for a Dismissed Application can be filed under Section 151 of Civil Procedure Code.
Sample Format of Affidavit for restoration Petition is given below:
BEFORE THE COURT OF ____________, NEW DELHI
MISCELLANEOUS APPLICATION NO. ____OF _____
IN
CIVIL MISCELLANEOUS PETITION NO.___ OF 20__
IN
APPEAL NO. ____ OF 20__
IN THE MATTER OF :
MR. ______
APPLICANT
VERSUS
MR.
______________
RESPONDENT
AFFIDAVIT
IT IS MOST RESPECTFULLY SHOWETH:
I, _______________, son of Shri. ______________, aged about __ years, resident
of ______, ________________, New Delhi-______, do hereby solemnly affirm and
declare as under:-
1. The I am the applicant in the application referred to above. I am well acquainted with the facts and circumstances of the case and being so, stands competent to swear to this affidavit.
2. That I have filed the application referred to above to set aside an order dated ____ dismissing the suit for default.
3. That on the day of dismissal, the deponent was duly present in the Court. However, the Counsel of the deponent was not feeling well unable to make it to the Court. In view of the said contingency, the deponent requested this Hon'ble Court to take up the case after some time. That this Hon'ble Court, however, did not considered the request of Applicant and the application was dismissed as a consequence thereof.
4. As is self evident, the circumstances referred to above were absolutely beyond the control of the deponent and not owing to any default, neglect or laches on the part of this deponent or his counsel.
5. It is in favour of law and natural principles of justice that the order passed by the Hon'ble Court dismissing the application for default may be set aside and the application be restored and the deponent be given a fair opportunity to be heard.
DEPONENT
VERIFICATION
Verified at Delhi on this day of, ___ that the contents of my above affidavit
are true and correct to the best of my knowledge and belief and nothing material
has been concealed therefrom.
DEPONENT
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the ___ day of _______,20__
COUNSEL FOR THE DEPONENT
Section 151 "Saving of inherent powers of Court"
Nothing in this Code shall be deemed to limit or otherwise affect the
inherent power of the Court to make such orders as may be necessary for the
ends of justice or to prevent abuse of the process of the Court.
Note
Restoration Petition with valid ground to restore a dismissed Application can be filed under Section 151 of Code of Civil Procedure with the Court. The Application should be supported by the above shown affidavit prepared on the basis of the facts and circumstances of a particular case.
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court