Setting aside no w.s order in mact case

To set aside a "No Written Statement" (No W.S) order in a Motor Accident Claims Tribunal (MACT) case, you can file an application under the relevant provisions of the Civil Procedure Code (CPC). Typically, such applications are filed under Order 9 Rule 13 of the CPC, which deals with setting aside ex-parte decrees. Here’s a draft application for your reference:

Application Draft for Setting Aside No W.S Order

IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL
[City Name]

MACT Case No. [Case Number]

In the matter of:
[Name of the Applicant/Defendant]
...Applicant/Defendant

Versus

[Name of the Respondent/Plaintiff]
...Respondent/Plaintiff

APPLICATION UNDER ORDER 9 RULE 13 OF CPC FOR SETTING ASIDE NO W.S ORDER

Most Respectfully Showeth:

1. That the above-mentioned case is pending before this Hon'ble Tribunal and is fixed for [next hearing date].

2. That the applicant/defendant was unable to file the written statement within the stipulated time due to [mention the reason, e.g., medical emergency, lack of proper notice, etc.].

3. That the applicant/defendant came to know about the No W.S order passed by this Hon'ble Tribunal on [date of the order].

4. That the applicant/defendant has a strong and bona fide defense in the case, and the non-filing of the written statement was neither intentional nor deliberate.

5. That the applicant/defendant is ready and willing to file the written statement immediately if this Hon'ble Tribunal allows the same.

6. That the interest of justice demands that the No W.S order passed by this Hon'ble Tribunal be set aside, and the applicant/defendant be allowed to file the written statement.

PRAYER

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

a) Set aside the No W.S order dated [date of the order] passed by this Hon'ble Tribunal in the interest of justice.

b) Allow the applicant/defendant to file the written statement in the above-mentioned case.

c) Pass any other order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

Place: [City Name]
Date: [Date]

[Signature of the Applicant/Defendant]
[Name of the Applicant/Defendant]
[Address of the Applicant/Defendant]
```

Relevant Order of CPC
The application to set aside a No W.S order can be filed under **Order 9 Rule 13** of the CPC, which provides for setting aside ex-parte decrees. This rule allows the defendant to apply for setting aside an ex-parte decree if they can show that the summons was not duly served or that they were prevented by any sufficient cause from appearing when the suit was called for hearing.

I hope this helps! If you need further assistance, feel free to ask.

and use this link for better understanding  of the Order 9 Rule 13 of the CPC

: https://www.barelaw.in/application-under-order-9-rule-13-cpc-for-setting/