I N T H E C O U RT O F C I V I L J U D G E ( J R . D I V .
)
TALWANDI SABO
Albel Singh son of Mann Singh resident of Village Bhagi
Wander, Tehsil Talwandi Sabo, Distt. Bathinda.
Respondent / Plaintiff
Versus
Banta Singh @ Bant Singh s/o Bhura Singh s/o Kartar Singh
resident of Village Bhagiwander Tehsil Talwandi Sabo, Distt.
Bathinda, but actually resident of New Delhi.
Applicant / Defendant
Application U/o 5 Limittion Act for condonation of delay
from 25/02/2009 to 03/01/2011.
Sir,
It is submitted as under :-
1 That above mentioned suit was decided ex-parte by this
Hon’ble Court on 12/09/2002 in civil suit no. 159 dated
09/06/2001.
2 That the applicant on coming the knowledge to the
passing of the ex-parte decree dated 12/09/2002 filed a
wrong suit for declaration in this Hon’ble Copurt vide civil
suit no. 45 of 25/02/2009 which was decided on
16/12/2010.
3 That the time consumed in the previous suit and obtaining
the certified copies of the judgment and decree dated
16/12/2010 was beyond the control of the defendant /
applicant and was bonafide one and was only due to the
wrong advise hence the delay of said period is liable to be
condoned. Affidavit attached.
It is therefore prayed that the application of the
plaintiff / applicant may kindly be allowed, and the above said
delayed period may kindly be condoned, in the interest of
justice.
Dated : 20/01/2011 Submitted by :
Banta Singh @ Bant Singh
Sewadar, Resident Gurudwara
Bangla Sahib, New Delhi.
Through Counsel
I N T H E C O U RT O F C I V I L J U D G E ( J R . D I V . )
TALWANDI SABO
Albel Singh son of Mann Singh resident of Village Bhagi
Wander, Tehsil Talwandi Sabo, Distt. Bathinda.
Respondent / Plaintiff
Versus
Banta Singh @ Bant Singh s/o Bhura Singh s/o Kartar Singh
resident of Village Bhagiwander Tehsil Talwandi Sabo, Distt.
Bathinda, but actually resident of New Delhi.
Applicant / Defendant
Application U/o 9 rule 13 Cr.P.C. read with 151 cpc for
setting aside Ex-parte decree dated 12/09/2002 in civil Suit
No. 159 of 09/06/2001
Affidavit
I, Banta Singh @ Bant Singh Sewadar, son of Bhura Singh
resident of Village Bhagiwander, Tehsil Talwandi Sabo, Distt.
Bathinda now working as Sewadar, Gurudwara Bangla Sahib,
New Delhi do hereby solemnly affirm and declare as under :-
1 That above mentioned suit was decided ex-parte by this
Hon’ble Court on 12/09/2002 in civil suit no. 159 dated
09/06/2001.
2 That the applicant on coming the knowledge to the
passing of the ex-parte decree dated 12/09/2002 filed a
wrong suit for declaration in this Hon’ble Copurt vide civil
suit no. 45 of 25/02/2009 which was decided on
16/12/2010.
3 That the time consumed in the previous suit and obtaining
the certified copies of the judgment and decree dated
16/12/2010 was beyond the control of the defendant /
applicant and was bonafide one and was only due to the
wrong advise hence the delay of said period is liable to be
condoned
Dated : 20/01/201 Deponent
Verification:
Verified that the contents of the paras of this affidavit are true
and correct to the best of my knowledge and belief and
nothing has been concealed therein.
Dated : 20/01/2011 Deponent
