Draft an application for setting aside ex-parte decree.

APPLICATION FOR SETTING ASIDE EXPARTE DECREE BEFORE THE HON'BLE COURT OF ____________ Suit No. ____________ /2020 AB S/o.____________ R/o.____________ Plaintiff Versus CD S/o.____________ R/o.____________ Defendant The Defendant/Applicant respectfully states as follows: That the applicant was one of the defendants in the above case and an ex parte decree has been passed against him on January 21, 2020. That he was prevented by the reasons disclosed in the annexed affidavit, which he claims were sufficient, from appearing when the suit was called on for hearing. The applicant prays that ex parte decree passed against him on January 21, 2020 be set aside. (Signature of the Applicant) AB Place: ____________ Date: ____________ Advocate for the Applicant Affidavit in support of the above application I make oath and say that I had to join a marriage ceremony of my sister's son on January 22, 2020, at Jabalpur, and therefore I left my village on January 18, 2020 and returned from it on January 30, 2020. I make oath and say that, on January 16, 2020, I had given my papers to Sri Chaman Lal, Advocate, and had instructed him to file the Vakalatnama and written statement on my behalf on January 21, 2020, the date fixed for issues. I am informed by Sri Chaman Lal, Advocate, and I verily believe it to be true, that, on January 21, 2020, when the case was called on, Sri Chaman Lal was engaged in a Sessions case, before the Additional Judge at Kanpur. I am informed by Sri Chaman Lal, and, verily believe it to be true, that when Sri Chaman Lal came to the court a few minutes later, he found the case had been decreed exparte. (Signature) Applicant