The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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Rule 8 Order 9 of the CPC provides for the dismissal of the suit where the defendant appears and the plaintiff does not appear when the suit is called for hearing unless, of course, the defendant admits the claim, or part thereof, in which case the Court has to pass a decree against the defendant upon such admission.
Under Order 7, rule 9, the plaintiff is to endorse on the plaint, etc. a list of documents and (on the plaint being admitted), he shall furnish the necessary number of copies of the plaint or (if so permitted) concise statement of the plaint.
In contract law, the term "null and void" means the contract was never valid. Therefore, the contract has no legal effect. This is different from having a contract invalidated.
Where an application under Order IX, Rule 7 is dismissed and an ex parte decision follows the defendant has two remedies open to him. He may apply under Order IX, Rule 13 in which case he will have a right of appeal, and can come in revision to this Court.
No pleading subsequent to the written statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit, but the Court may at any time require a written statement or additional written statement from any of ...
Order IX Rule 9 of the CPC provides that when the suit is wholly or partially dismissed under Rule 8 (dismissed for default) the Plaintiffs shall be precluded from bringing in a fresh suit, in respect of the same cause of action.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A., U.S.C.A. Const.
"Extrinsic mistake exists when the ground for relief is not so much the fraud or other misconduct of one of the parties as it is the excusable neglect of the defaulting party to appear and present his claim or defense.
