What is this application and when is it used?

When a plaintiff files a civil suit and then, on the date fixed for hearing, the plaintiff (or their lawyer) does not appear in court, the court may dismiss the suit in default under Order IX Rule 8 of the Code of Civil Procedure, 1908. "In default" simply means: neither the plaintiff nor their counsel was present when the case was called, and no valid reason for the absence was on record.

Dismissal in default does not mean the plaintiff's claim has been decided on merits — the court never heard the evidence. The law gives the plaintiff a second chance: under Order IX Rule 9 CPC, the plaintiff may apply to the same court to have the dismissal order set aside and the suit restored to its original number, provided the plaintiff can show "sufficient cause" for the non-appearance.

This application is the tool for that second chance. File it through your counsel in the court that passed the dismissal order, within 30 days of the dismissal, and support it with an affidavit and evidence of the reason for absence.

THE APPLICATION

IN THE COURT OF THE [SENIOR CIVIL JUDGE / CIVIL JUDGE [CLASS], ___________]

AT [CITY NAME]

Application No. ____ of 20____

In re: —

[PLAINTIFF'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________] .............................. APPLICANT / PLAINTIFF

VERSUS

[DEFENDANT'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS] .............................. RESPONDENT / DEFENDANT

IN THE MATTER OF:

Civil Suit No. [SUIT NUMBER] of [YEAR] titled "[PLAINTIFF'S FULL NAME] versus [DEFENDANT'S FULL NAME]", dismissed in default on [DATE OF DISMISSAL ORDER, e.g., 12-03-2026]

APPLICATION UNDER ORDER IX RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SETTING ASIDE THE ORDER OF DISMISSAL IN DEFAULT AND RESTORATION OF THE ABOVE-TITLED SUIT TO ITS ORIGINAL NUMBER

Respectfully Sheweth:

  1. That the above-titled Civil Suit No. [SUIT NUMBER] of [YEAR], filed by the applicant/plaintiff for [STATE BRIEFLY THE RELIEF SOUGHT IN THE SUIT, e.g., "a decree for recovery of Rs. [AMOUNT] with interest", "a declaration of title with respect to property situated at [ADDRESS] together with permanent injunction"], was pending before this Hon'ble Court.

  2. That the said suit was fixed for [STATE THE STAGE FIXED FOR THAT DATE, e.g., "evidence of the plaintiff", "hearing of arguments", "framing of issues"] on [DATE OF DISMISSAL], and on that date, due to reasons beyond the control of the applicant, neither the applicant nor his/her counsel could appear before this Hon'ble Court when the case was called, whereupon this Hon'ble Court was pleased to dismiss the suit in default under Order IX Rule 8 CPC vide order dated [DATE OF DISMISSAL].

  3. That the non-appearance of the applicant on [DATE OF DISMISSAL] was neither intentional nor deliberate, nor due to any negligence or want of diligence on the part of the applicant, but was the result of genuine and sufficient cause as detailed hereunder:

(Select, adapt, or combine the grounds that are factually true in your case. Delete the examples that do not apply, and give specific dates and particulars for the ones you retain.)

a. Illness: That the applicant was seriously indisposed on [DATE], suffering from [NAME OF ILLNESS, e.g., "acute gastroenteritis / typhoid fever"], and was under medical treatment at [NAME OF HOSPITAL/CLINIC], and was therefore physically unable to attend the Court. A medical certificate dated [DATE] from [DOCTOR'S NAME, REG. NO.] is attached herewith as Annexure "A".

b. Counsel engaged elsewhere: That the counsel for the applicant, [COUNSEL'S FULL NAME], Advocate, was detained before the [NAME OF HIGH COURT / OTHER COURT] in connection with [CASE TITLE/NUMBER] on [DATE], and had duly instructed a colleague, [NAME OF SUBSTITUTE COUNSEL], Advocate, to request an adjournment; however, due to unavoidable heavy traffic / an accident on the way to Court, the substitute counsel could not reach in time and the matter was called and dismissed in his absence. An affidavit of the counsel is attached herewith as Annexure "B".

c. No notice served: That no notice, summons, or intimation of the date [DATE] was ever served upon the applicant, nor was any such notice received by the applicant or his/her counsel, and the applicant only came to know of the dismissal on [DATE WHEN KNOWLEDGE WAS ACQUIRED] when [EXPLAIN HOW KNOWLEDGE WAS ACQUIRED, e.g., "he contacted his counsel", "he inspected the Court record"]. The applicant's absence was therefore not deliberate in any manner.

d. [ANY OTHER BONA FIDE CAUSE — state it precisely with dates and supporting documents, e.g., death of a close relative, natural calamity, accident, miscarriage of postal delivery].

  1. That the applicant has always been diligent in the prosecution of the above-titled suit; he/she had attended the Court on each and every prior date of hearing and had never defaulted earlier, which conduct establishes that the default on [DATE OF DISMISSAL] was an isolated and unavoidable lapse, and not a pattern of negligence.

  2. That the applicant has a strong prima facie case on merits, and grave and irreparable prejudice will be caused to the applicant if the suit is not restored, as the valuable rights asserted in the plaint, supported by [BRIEFLY REFERENCE KEY EVIDENCE, e.g., "registered documents / cogent documentary evidence"], will go undecided for no fault on merits.

  3. That the balance of convenience lies in favour of the applicant, and no prejudice whatsoever will be caused to the respondent if the suit is restored, as the respondent will have full opportunity to contest the suit on merits; the respondent can also be compensated, if this Hon'ble Court so deems fit, by the imposition of costs.

  4. That this application is being filed within the period of limitation prescribed under Article 163 of the Limitation Act, 1908 — that is, within thirty (30) days of the order of dismissal dated [DATE OF DISMISSAL] — and is therefore well within time. That even otherwise, the delay of [NUMBER] days, if any, in filing this application is liable to be condoned for the sufficient cause stated above.

  5. That no other application of the same nature has been filed by the applicant in any Court, and this Hon'ble Court has the jurisdiction to entertain and decide this application.

  6. That this application is made bona fide and in the interest of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) set aside the order dated [DATE OF DISMISSAL] whereby Civil Suit No. [SUIT NUMBER] of [YEAR] titled "[PLAINTIFF'S FULL NAME] versus [DEFENDANT'S FULL NAME]" was dismissed in default;

(b) restore the said suit to its original number and place in the register of suits, and proceed with it in accordance with law;

(c) award such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and

(d) allow costs of this application in favour of the applicant.

Any other relief deemed just and equitable may also kindly be granted.

Applicant/Plaintiff

Through Counsel:

[COUNSEL'S FULL NAME] Advocate High Court / District Courts [OFFICE ADDRESS] [PHONE / EMAIL] Dated: [DATE OF FILING] at [CITY]

VERIFICATION

I, [APPLICANT'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], do hereby verify on oath that the contents of paragraphs No. 1 to 9 of the above application are true and correct to my personal knowledge and belief, and nothing material has been concealed therefrom.

Verified at [CITY] on this [DATE] day of [MONTH], 20[__].

DEPONENT [APPLICANT'S FULL NAME]

AFFIDAVIT IN SUPPORT OF THE APPLICATION

IN THE COURT OF THE [SENIOR CIVIL JUDGE / CIVIL JUDGE [CLASS], ___________]

AT [CITY NAME]

Application No. ____ of 20____

In re: —

[PLAINTIFF'S FULL NAME] .............................. APPLICANT / PLAINTIFF

VERSUS

[DEFENDANT'S FULL NAME] .............................. RESPONDENT / DEFENDANT

AFFIDAVIT OF [DEPONENT'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________].

I, the above-named deponent, do hereby solemnly affirm and declare on oath as under:

  1. That I am the applicant/plaintiff in the above-titled matter and am fully conversant with the facts of the case, and am competent to swear this affidavit.

  2. That the facts stated in the accompanying application under Order IX Rule 9 CPC are true and correct to my personal knowledge; the grounds of sufficient cause narrated in paragraph No. 3 thereof are based on facts personally known to me and are supported by the documents attached thereto.

  3. That the copy of the dismissal order dated [DATE OF DISMISSAL], attached as Annexure "C", is a true and correct copy of the order passed by this Hon'ble Court.

  4. That the [medical certificate / affidavit of counsel / documentary evidence] attached as Annexure "[A/B]" is genuine and relates to the sufficient cause stated in the application.

  5. That this affidavit is sworn bona fide in support of the accompanying application for restoration of the suit dismissed in default, and nothing material has been concealed.

DEPONENT

VERIFICATION

Verified on oath at [CITY] on this [DATE] day of [MONTH], 20[__], that the contents of this affidavit are true and correct to my knowledge and belief, and nothing has been concealed therefrom.

DEPONENT

Identified by me:

[COUNSEL'S FULL NAME] Advocate

Solemnly affirmed before me:

OATH COMMISSIONER [NAME, SEAL, AND DATE]

PRACTICAL NOTES FOR FILING

1. The 30-day time limit is strict. Under Article 163 of the Limitation Act, 1908, an application to set aside a dismissal for default of appearance (Order IX Rule 9 CPC) must be filed within thirty days from the date of the dismissal order. Count from the date of the order, not from the date you learned about it. File as early as possible — ideally within the first week.

2. Attachments to file with the application: - A certified copy (or at least a plain copy) of the dismissal order — courts will want to see exactly what was ordered. - Evidence of the "sufficient cause": medical certificate with the doctor's registration number, hospital admission/discharge slips, prescription; or an affidavit from counsel explaining detention in another court; or proof of non-service of notice. - The affidavit in support (above), duly attested by an Oath Commissioner. - Court fee as applicable.

3. What counts as "sufficient cause"? Pakistani courts interpret "sufficient cause" liberally where the default was not deliberate. Illness supported by a medical certificate, counsel's genuine engagement in another court, and proven non-service of notice are classic accepted grounds. What generally does not work: vague excuses, repeated defaults, or a story contradicted by the record. Be specific — give exact dates, names, and documents.

4. What happens at the hearing. The court issues notice of your restoration application to the respondent/defendant. The defendant may file objections. The court then hears both sides, usually in a summary manner, on whether sufficient cause is shown. If satisfied, the court sets aside the dismissal order and restores the suit to its original number — the case then proceeds from the stage it was at. The court may impose costs on you as a condition of restoration. If the court is not satisfied, the application is dismissed, and the remedy then lies in an appeal or revision as advised by counsel.

5. One more caution. Order IX Rule 9 applies where the plaintiff defaulted. If the defendant defaulted and an ex-parte decree was passed against them, the defendant's remedy is different — an application under Order IX Rule 13 CPC, not Rule 9. Use the correct provision.

This template is provided for general information and educational purposes only. Court procedure, limitation, and drafting requirements vary with the facts of each case. Always have an advocate draft or review the application for your specific matter before filing.