Format of Stay Execution- Setting Aside the Ex-Parte order and Ex-Parte Decree
In the court of _____
_____
…..Applicant/Plaintiff
Versus
_____
…..Defendants
Application for Setting Aside the Ex-Parte order dated _____ and Ex-Parte Decree dated _____
Respectfully Showeth:
1- That the above noted case was fixed for _____ before this Hon’ble court and the counsel for the applicant/defendant appeared before this Hon’ble court. The Hon’ble court fixed the time for arguments at _____ hence the counsel went to attend other cases in the other courts. at about _____when the counsel came back to attend this Hon’ble court then he came to know that the above noted case was proceeded as ex-parte against the applicant/defendant. Thereafter on _____ this Hon’ble court passed an exparte decree in favour of the plaintiff and against the defendant.
2- That the applicant/defendant will suffer an irreparable loss and injury in case the above noted suit is not restored in its original form.
3- That the present application is well within the limitation.
It is, therefore, prayed that the exparte order dated _____ and ex-parte decree dated _____ may kindly be set aside in the interest of justice.
Dated ________
Applicant /defendant
Through counsel:
_____ Advocate, _____