IN THE COURT OF CHIEF JUDICIAL MAGISTRATE (SUB JUDGE)

AT BANDIPORA.

In the case of :
MANZOOR AHMAD BHAT V/s SAJAD AHMAD BHAT & ORS.

In the Matter of
AN A P P L I C A T I O N FOR SETTING ASIDE EX-PARTE ORDER
DATED 22.04.2024, PASSED BY THIS HON’BLE COURT IN THE
ABOVE TITLE SUIT.
May it Please your Honour:

That the defendants / Applicants most humbly showeth as under :

1. That the above titled suit is pending for disposal before the hon’ble court
and same is listed for hearing on 08.10.2024.

2. That the applicants / defendants have submitted their written statement

earlier in the case and this Hon’ble court was pleased to frame issues in the
case.

3. That the applicants/defendants has challenged the order passed by this

hon’ble court with regard the preliminary issues before the hon’ble court of
Principle and District Sessions Judge Bandipora and is pending for disposal
therein that court.
4. That the applicants / defendents have lost the contact with their lawyer and
their lawyer was under this impression that the appellant court has called the
record of the trial court so there would be the index before the trial court and
has not appeared on few hearing before the court below. But the fact is this
that the record was not sent to the appellant court and the defendants /
applicants brother namely Sajad Ahmad who is contesting def. No. 1 in the
case fell ill and he too was not knowing the fate of the case, resultantly
applicants/defendents were put in ex-party by this hon’ble court on
22.04.2024.

4. That the council of the applicants / defendants thereafter have caused the
presence before this hon’ble court and have make a submission for
submitting the application for setting aside ex-party order passed by this
hon’ble court and the case was listed for hearings on next date i.e 08/10/2024.
5. That this application is within time because there is an appeal pending for
disposal before the hon’ble court of District Judge Bandipora.

6. That this application is supported by an affidavit.

PRAYER

In aforementioned circumstances, it is humbly prayed that the application in

hand may kindly be accepted, ex-parte order dated22.04.2024 may graciously
be set aside and the applicants/defendants may kindly be afforded
opportunity to contest the titled suit, as it is in the interest of justice and fair
play.

APPLICANTS/DEFENDANTS
THROUGH COUNSEL
Adv. F. A. Mir
Dated:- 27.09.2024
 IN THE COURT OF ADD.SPL MOBILE MAGISTRATE (MUNSIFF
JUDGE)AT BANDIPORA.

In the case of:

Manzoor Ahmad V E R S U S Gulzar Ahmad

In the matter of : - Application for condonation

of delay
May it please your Honour

The Application is submitted as under

1. That the application for the above titled matter stands submitted before this
Hon’ble court and the submissions made therein may be treated as part and
parcel to this application for condo nation of delay.

2. That the applicant got the knowledge of the ex-parte order few days
before on when they approached the concerned for hearing, where they got
surprised to heard that the ex-parte order is passed against them and
immediately applied for issuance of certified copy of the ex-parte order
which was issued and the appellants consulted their counsel and due to the
COVID-19 pandemic which took some time for the process and hence the
application is within time.
3. That the above titled application for setting aside ex-parte is not hit by the
provisions of the limitation Act even then if this Hon’ble Court is of the
opinion that there is any delay in filing the instant appeal, the same may be
condoned for the interest of justice.

4. That the delay occasioned is neither intentional nor deliberate, but for the
reasons beyond the control of applicant.
 In the premises it is therefore prayed that this Hon’ble court may be kind
enough to accept this application for condonation of delay as the same shall
be in consonance with law and justice.

Applicants through counsel

BEFORE THE HON’BLE COURT OF THE MUNSIF AT BANDIPORA

 Khalid Ahmad Bhat and others

Applicant/defendant

Versus

Mohammed Shafi Sheikh and another

Non-Applicants/Plaintiff

Application for restoration of coupled applications for condonation of delay and setting aside ex-parte dismissed in
default

Respectfully Sheweth:

1. That the above noted applications were filed in this Hon'ble Court by the applicant and were listed on 13-02-2020 and
the non-applicants filed the objections and then the Hon’ble count has directed counsel for arguments on 18-02-2020. And
on 18-02-2020 the counsel for the applicant was busy in another court and the file was put for awaiting and the date was
given in the above mentioned applications was 18-03-2020, but on the same date both the counsels requested the Hon’ble
jugde to mark their attendance in the applications same was done by Hon’ble court, but by mistakenly the counsel for the
applicant updated the date 18-03-2020 on his file but the file was then listed on 26-02-2020.

2 That the act above mentioned done by counsel of applicant is purely done by inadvertently , mistakenly .

2. That when the above noted case came up for hearing on 26-02-2020 this Hon'ble Court was pleased to dismiss the same
in default. The applicant or his counsel could not put up appearance before this Hon'ble Court on 26-02-2020 due to
reasons above mentioned.

3. That the absence of the applicant on the date of hearing was neither intentional nor willful, but for the good and
sufficient reasons herein-above stated. Interest of justice therefore, demands that the case is restored to its original
position so that the substantial dispute involved in the case can be adjudicated upon on its merit by this Hon'ble court.

4. It is, therefore, most respectfully prayed that this application may kindly be allowed and the above mentioned coupled
applications may kindly be restored to its original position in the interest of justice. Such other orders may kindly also be
passed as deemed fit and proper in the facts and circumstances of case.

Applicant
Through, Advocate

BEFORE THE HON’BLE COURT OF THE MUNSIF AT BANDIPORA

Applicant

Versus

Respondent/Non-Applicants

Affidavit in support of Application for restoration.

 I,______, do hereby solemnly affirm and declare as under :

1. That accompanying application has been prepared under my instructions.

2. That the contents of paras 1 to ________ of the complaint are correct and true to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge
and no part of it is false and nothing material has been concealed therefor.

Affirmed at Coimbatore this the ______.

Deponent

Draft/Specimen/Format:
Application for Restoration of Civil Suit dismissed for non-prosecution.

*********************

IN THE COURT OF MR. ____, LEARNED CIVIL JUDGE, 1st CLASS, LAHORE.
 Civil Suit No:__________/2017

Applicant

Versus

Respondent

Application for restoration of titled suit dismissed for non-prosecution

Respectfully Sheweth:

1. That the above noted civil suit was filed in this Learned Court by the applicant on _______.

2. That when the above noted case came up for hearing on ______, this Learned Court was pleased to
dismiss the same in default.

3. That the applicant humbly seeks indulgence of this Learned Court for restoration of titled suit inter-alia
on the following:

GROUNDS

a. That the applicant or his counsel could not put up appearance before this Learned Court on _______
due to reasons that _______

3. That the absence of the applicant on the date of hearing was neither intentional nor willful, but for the
good and sufficient reasons hereinabove stated.

3. That the Interest of justice therefore, demands that the case may be restored to its original position so
that the substantial dispute involved in the case can be adjudicated upon on its merit by this Learned
court.

PRAYER

It is, therefore, most respectfully prayed that this application may kindly be allowed and the above case
may kindly be restored to its original position in the interest of justice. Such other orders may kindly also
be passed as deemed fit and proper in the facts and circumstances of case.

Applicant

Through
 Zeeshan Ahmad Malik
Advocate High Court

“THE LEGAL MENTORS”

66/3, Hajvery Complex, 2-Mozang Road, Lahore.

 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE (SUB JUDGE)
AT BANDIPORA.

In the case of :
MANZOOR AHMAD BHAT V/s SAJAD AHMAD BHAT & ORS.

In the Matter of
AFFADAVIT IN SUPPORT OF A P P L I C A T I O N:

I Sajad Ahmad Bhat S/o Late Haji Gh Mohd Bhat R/o Naidkhai Bandipora
do solemnly declares on oath as under:
That the contents of this application are true and correct to the best of my
knowledge and belief and is drafted in my presence.

DEPONENT
VERIFICATION:-
Verified at Bandipora today on 27/10/2024, That the contents of this
application are true and correct to the best of my knowledge and belief and
nothing has been concealed therein.

DEPONENT