AFFIDAVIT IN SUPPORT OF THE APPLICATION UNDER ORDER 9 RULE 13

IN THE COURT OF THE SENIOR JUDGE (JUNIOR DIVISION) AT PATNA

M.J.C. No.____/2018 (Money suit 658/2018)
AB s/o. CD, aged about 65 years, Male, Hindu,
Indian by Nationality, Employment by profession
Present and permanent resident of CNLU Campus,
Nyaya Nagar, Mithapur, patna-800001(Bihar) ……. Petitioner

Versus

EF s/o. GH, aged about 62 years, Male, Hindu,

Indian by Nationality, Business by profession
Present and permanent resident of CNLU Campus,
Nyaya Nagar, Mithapur, patna-800001(Bihar) ……… Respondent

AFFIDAVIT

I Shri. EF s/o. GH, aged about 62 years, Male, Hindu, Indian by Nationality,
Business by profession Present and permanent resident of CNLU Campus,
Nyaya Nagar, Mithapur, patna-800001(Bihar) do hereby solemnly affirm and
sincerely state on oath as follows:

1. The deponent is fully acquainted with the facts of the aforestated case.

2. The plaintiff (Respondent) filed a suit for recovery of money against the
petitioner. The suit is numbered as Money Suit 658/2018.

3. In the aforestated suit, the court vide its order dtd.20.02.2018 directed the
summons to be issued to the petitioner fixing dtd. 01.03.2018 for the personal
appearance of the petitioner for the purpose of examination.

4. The petitioner didi not receive any summons of the aforestated suit. The petitioner
did not have knowledge of the said suit even otherwise.

5. The plaintiff in collusion with the employees of the postal department got a false
endorsement on the notice regarding the refusal of its by the petitioner. The said
endorsement is false and the said summons were never offered to the petitioner for
service and acceptance.

6. The aforestated suit was illegally decreed by this Hon’ble court exparte on
02.04.2018.
7. It was only on dtd.20.04.2018, the petitioner came to know of the fact of alleged
exparte decree when the summons of the execution of the decree were served
upon.

8. Thereafter, the applicant on dtd. 23.04.2018 came to the court and got the
inspection of the record of the suit and accordingly filing a present petition for
restoration of suit on the aforestated facts.

9. Due to passing of the exparte decree by this Hon’ble court, the petitioner is
suffering irreparable loss.

10. It is, hence, necessary in th larger interests of justice that this Hon’ble court may
be pleased to set aside the exparte decree along with setting aside of exparte order
dtd.05.03.2018 passed by this Hon’ble court and restore the suit to the original
status thereby enabling the defendant giving an opportunity to defend his interest.

11. The facts stated above are to true to the best of the knowledge of this petitioner.

Deponent