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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL)
NO. OF
_____
DIARY NO. _________
IN THE MATTER OF:
______________ …Respondent
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1. |
An application on behalf of the petitioners seeking restoration of the present SLP |
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. No._________of 2023
IN
SPECIAL LEAVE PETITION (CIVIL)
NO. OF
2023
DIARY NO.
IN THE MATTER OF:
Versus
______________
…Respondent
AN
APPLICATION ON BEHALF OF THE PETITIONERS SEEKING RESTORATION OF THE PRESENT
SPECIAL LEAVE PETITION
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION
JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA.
THE HUMBLE APPLICATION OF THE PETITIONERS ABOVE NAMED.
MOST
RESPECTFULLY SHOWETH
1. That the present special leave petition has been filed under Article 136 of the Constitution of India against the final judgment and order dated _______by the Hon’ble High Court _____ whereby _______.
2. That the contents of same are not being repeated herein for the sake of brevity and the same may kindly be read as part and parcel of the present application.
3.
It is humbly submitted
that the present Special Leave Petition
was listed before the Hon’ble Judge in Chamber on ______whereby this Hon’ble
Court was pleased to grant six weeks to cure the defects in matter and further
directed that any failure in aforesaid regards would lead to dismissal of the
petition without any reference to the court. The relevant extract of the common
order dated _______passed by this Hon’ble Court is as follows:
4.
It is submitted that
the present SLP was however, dismissed on ______on the grounds of
non-compliance of the aforesaid order dated ______passed by this Hon’ble Court.
5. That, the clerk of the counsel for
the petitioner had fallen ill. The counsel was under the impression that the present
SLP has been duly refiled after curing all the defects marked by the registry.
However, when the counsel went to the Registry to enquire about the status of
the defects, it came to his knowledge that the present SLP has been dismissed
on the grounds of non-compliance of the order dated _______passed by this
Hon’ble Court. Therefore, it led to an unforeseen delay in refiling of the
present SLP.
6. It is submitted that there has been no intentional or deliberate delay in
refiling the present SLP on the part of the petitioners.
7. It is humbly submitted that the petitioners have a good
case on merits.
8. That the petitioners shall be deprived of ______in case the
present SLP is not restored to its original number.
9. That the petitioners are poor, and have lost their livelihood
and as such crave for a sympathetic consideration from this Hon’ble Court.
10. That the interest of justice would be served if the present
SLP is restored and the technicalities are not allowed to defeat the
substantive justice.
11. That the petitioners shall suffer irreparable injury in
case the present SLP is not restored.
12. It is humbly submitted that the petitioners have a good
case on merits and it is prayed that the technicalities should not be allowed
the defeat the cause of the justice.
PRAYER
It is, therefore, most
respectfully, prayed that this Hon’ble Court may kindly be pleased to:-
(a) Restore the present Special Leave
Petition (Civil) No……. of Diary No. ______and restore the same to its
original number.
(b)
Pass any other order
as this Hon’ble Court may deem fit in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS IN DUTY BOUND SHALL EVER
PRAY.
Filed by
Advocate for the
petitioners
Place:
New Delhi.
Dated:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL)
NO. OF
_____
DIARY NO. _________
IN THE MATTER OF:
Versus
______________ …Respondent
AFFIDAVIT
I, ____S/o_____, R/o _____, Presently at New Delhi aged about ____years, do hereby solemnly affirm and declare as under:-
1. That I am the petitioner in the present case. I am fully conversant with the facts and circumstances of the case and hence competent to swear this affidavit.
2. That the contents of the accompanying application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
3. That the annexures to the accompanying application are true copies of their respective originals.
DEPONENT
VERIFICATION
Verified on ___ day of ___that
the contents of the above affidavit are true and correct to the best of my
knowledge and no part of the above affidavit is false and nothing material has
been concealed therefrom.
DEPONENT
