IN THE HONOURABLE COURT OF SENIOR CIVIL

JUDGE, III, HYDERABAD.

Suit No. 04 of 2004
Muhammad Shahd Ch!ha"..
#$a"%&.
VERSUS.
G!'()"m("% !* #a+,%a" - O%h(),...
.D(*("da"%,.
A##LICATION UNDER ORDER I. RULE/0 C#C
READ 1ITH SECTION 232 C#C.
It is prayed on behalf of the plaintif that this
Honourable Court may be pleased to set a side the Order
dated 15-0-00! "hereby the suit of the plaintif "as
dismissed in non-prose#ution$ and %&ed the suit for
e'iden#e of the plaintif$ on the #onsideration of the fa#ts
and (rounds mentioned in the a##ompanyin( afida'it.
)he prayer is made in the interest of *usti#e.
H4d()a5ad. ADVOCATE FOR
THE
Da%(d. 26 /07/2008. #LAINTIFF
+O, I--./I0). 1S. IN CO1,).
IN THE HONOURABLE COURT OF SENIOR CIVIL
JUDGE, III, HYDERABAD.
Suit No. 04 of 2004
Muhammad Shahd Ch!ha"..
#$a"%&.
VERSUS.
G!'()"m("% !* #a+,%a" - O%h(),...
.D(*("da"%,.
A F F I D A V I T.
I$ 9a*a) A. Ra:;u% S2o 0bdul 03i3 ,a*put$ -uslim$
0dult$ ,2o 14520$ ,isala ,oad$ Hyderabad$ do hereby state
on solemn afirmation as under6
2. Tha%, I am ad'o#ate for the plaintif in the abo'e
matter as su#h I am "ell #on'ersant "ith the fa#ts of
the #ase.
2. Tha%, the a##ompanyin( appli#ation 1nder Order I7$
,ule 4 C8C$ ,ead 9ith Se#tion 151 C8C has been
drafted and %led by me.
7. Tha%, the abo'e suit "as %&ed on 1:-01-00; "hen the
,eader of this Honourable Court informed me that the
suit has been transferred to the Court of Honourable
Senior Ci'il <ud(e- I$ Hyderabad by the Honourable
/istri#t <ud(e$ Hyderabad on administrati'e (rounds.
0nd I "as (i'en ne&t date of hearin( i.e. 15-0-00; to
attend the Court of Honourable Senior Ci'il <ud(e- I$
Hyderabad.
4. Tha%, "hen on 15-0-00; I "ent in the Court of
Honourable Senior Ci'il <ud(e- I$ Hyderabad to attend
the #ase$ I sa" the #ause list and found that the said
suit "as not appearin( on #ause list. I en=uired from
the ,eader "ho as>ed me to #ome after an hour and
mean"hile he "ould send for the %le of the suit from
#on#erned #ler> of his #ourt. I a(ain "ent to the Court
of Honourable Senior Ci'il <ud(e- I$ Hyderabad at
11600 a.m. and at that time I "as informed by the
,eader of the Court that that #ase has not been
re#ei'ed from the transferor Court and e'en the said
#ase does not appear in the list of transferred #ases.
/2/
3. Tha%, I$ thereafter$ immediately appeared before this
Honorable Court and en=uired from the ,eader about
the #ase$ "ho told me that the said #ase "as not
transferred and the same "as %&ed in this #ourt and
fe" minutes before the #ase "as #alled and dismissed
in non-prose#ution by this Honourable Court.
6. Tha%, my absen#e from this Honourable Court as "ell
as absen#e of the plaintif at the time of #allin( the
#ase "as not deliberate and "illful$ but due to the
impression that the #ase has been transferred to the
Court of Honourable Senior Ci'il <ud(e-I$ Hyderabad.
7. Tha%, the #ase "as dismissed in non-prose#ution in
early hours.
<. Tha%, it is "ell settled la" of the superior Courts that
la" fa'ours ad*udi#ation on merits and dismissal in
non-prose#ution should be an e&#eption and not a rule.
0. Tha%, the plaintif "ill seriously pre*udi#e if his suit is
not restored.
20. Tha%, it is therefore$ prayed that the dismissal order
dated 15-0-00! may >indly be set aside and
opportunity may be (i'en to plaintif for produ#in(
e'iden#e.
Tha%, "hate'er stated abo'e is true and #orre#t to the
best of my >no"led(e and belief.
H4d()a5ad.
Da%(d. 26/07/2008.
DE#ONENT
0firmed on oath on this ?????? day of -ar#h 00! by
the deponent "ho is an ad'o#ate and personally >no"n to
me.
COMMISSIONER FOR TA=ING AFFIDAVITS.
)his is only my So#ial 8oint so$ e&pe#t any reply from me on
this net"or> and for datin(2meetin( pl3. #onta#t on the
follo"in( Numbers.
4-50-40404;4 @8ersonalA
+or %&in( time$ 'enue and amount pl3. #onta#t.
4-555-5!005 @9aseemA
4-505-;:0!1B @/ilshadA