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| Application under Order 9 Rule 13 CPC |
In the name of ALLAH, the most beneficent, the most
merciful
IN
THE COURT OF MR___________, CIVIL JUDGE,
________________________
Applicant
Versus
________________________
Respondent
SUIT FOR POSSESSION THROUGH PREEMPTION
APPLICATION
UNDER ORDER 9 RULE 13 READ WITH SECTION 151 CPC ON BEHALF OF JUDGMENT DEBTOR (________________________)
FOR SETTING ASIDE JUDGMENT AND DECREE DATED 30-10-2019
Respectfully Sheweth,
1.
That brief facts leading
to he filing of the instant petition are that the petitioner/ judgment debtor was
informed by the purchaser (____) of his land measuring ________Marlas in Mouza
Dahgal, Tehsil and District Rawalpindi that they have received a summon dated 10-09-2022
from the office of Assistant Director, land Record Centre, Rawat, Rawalpindi,
wherein it was informed that the mutation No. ______ in respect of above stated
land has been questioned for review.
2.
That the petitioner
approached the Land Record Centre, where he came to know first time that the respondent/
plaintiff had filed a suit for possession through preemption, the intimation of
which was never received by the
petitioner and therefore, the respondent/ decree holder succeeded in obtaining ex-parte
judgment dated 30-10-2019. Copy of petition submitted by plaintiff/ respondent
before Land Record Center is attached.
3.
That since the petitioner
was not aware about the proceedings of
4.
That the ex-parte
judgment and decree
GROUNDS
a.
That the petitioner was
never residing in the address given in the plaint at the time of the filing of the
suit as he is residing in __________________since ______ therefore, receiving
of any intimation on the address mentioned by the respondent in the plaint could
not be possible.
b.
That no summon/ notice
by the trial court or by the respondent was ever received therefore the
petitioner could not appear in the court to defend the suit, resultantly, he
was proceeded against ex-parte.
c.
That non appearance of
the petitioner was neither willful nor deliberate but due to the reasons
mentioned above.
d.
That the very valuable
rights of the petitioner are involved in the suit, and he was proceeded unheard
which is against the norms of justice.
e.
That if the ex-parte judgment
dated
PRAYER:
In
view of above, it is therefore, most humbly prayed that application in hand may kindly be accepted and
impugned ex-parte judgment and decree dated 30-10-2019 may kindly be set aside and
petitioner be provided an opportunity to defend the suit, in the interest of
justice.
Any
other relief, which this Honourable Court deems fit and proper may also be
granted to the plaintiff.
Applicant
Through