IN THE COURT OF THE 1st ADDITIONAL DISTRICT

JUDGE :: ONGOLE
O.S.No.181/2011
Between:
Shaik Haji Ismail and another

Plaintif
Vs

Shaik Haji Malam

Defendant

AFFIDAVIT FILED UNDER SECTION 139 C.P.C

I, Shaik Haji Malam S/o.Shaik Kutagundla China Bikari Saheb,
aged

about

44

Mandal,Prakasam

years,
District,

Muslim,
do

R/o.Pamuru

hereby

solemnly

Village
affirm

&
and

sincerely state as follows:1.

I am the defendant in the above suit and I am well

acquainted with the facts of the case.

2.

I submit that the above suit is posted on 14-11-2011 for

filing my written statement. As on the date I had not filed written

statement, this Honble Court was pleased to set me exparte and
posted for plaintifs evidence.

I am herewith filing written

statement on my behalf. I am having good grounds to succeed in

the above suit.
3.

I submit that in the last week of October, 2011, I went to

Mumbai for purchase of cloths for my business and collection.

There I fell sick and could not return to my Village nor contacted
my counsel for filing the written statement. I was prevented there
on account of my ill health, which is neither willful nor wanton.
4.

If an opportunity is not granted, I will be put to irreparable

loss and damages.

5.

Hence I pray that the Honble Court to set aside the order,

dt.14-11-2011 setting me exparte on such conditions as the

Honble Court deems fit and proper in the circumstances of the
case and in the interests of justice.
Be pleased to Consider
DEPONENT
Solemnly affirmed and singed before me on this the
day of
Dec., 2011.
Advocate, Ongole.

IN THE COURT OF THE 1st ADDITIONAL DISTRICT

JUDGE :: ONGOLE
I.A.No.
/2011 in O.S.No.181/2011
Between:
Shaik Haji Malam S/o.Kutagundla China Bikari Saheb,
Aged about 44 years, Muslim, Business,
R/o.Pamuru (V) & (M), Prakasam District.

Petitioner/Defendant
AND
1. Shaik Haji Ismail S/o. Kutagundla China Bikari Saheb,
Aged about 40 years,
R/o.Pamuru (V) & (M), Prakasam District.
2. Shaik Mahaboob Bee W/o. Kutagundla China Bikari Saheb,
Aged about 74 years,
R/o.Pamuru (V) & (M), Prakasam District.

Respondents/Plaintifs

PETITION FILED ON BEHALF OF THE

PETITIONER/DEFENDANT U/Or 9 R 7 AND Sec.151
C.P.C
For the reasons stated in the accompanying affidavit that
this Honble Court may be pleased to set aside the order, dt.1411-2011 setting me exparte on such conditions as the Honble
Court deems fit and proper in the circumstances of the case and
in the interests of justice.
Be pleased to Consider
Ongole,
Dt. -12-2011.
Petitioner/Defendant

Advocate

for