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APPLICATION FOR RESTORATION TO ITS ORIGINAL STATE

File Reference No: …/…
… TO THE PRIMARY CIVIL COURT
OF ANKARA


PLAINTIFF (REQUEST FOR RESTORATION TO ITS ORIGINAL STATE):
Name and Surname – (Turkish Republic Identity Number) – Address

DEFENDANT:
Name and Surname – Address


SUBJECT OF REQUEST:

This is our request for reinstatement due to obligations not being fulfilled on time.


EXPLANATIONS:

  1. Regarding the court's interim decision and the deadline:
    Your court, in its interim decision dated …/…/…, granted me a definitive 10-day period to submit my evidence and witnesses. This deadline was clearly and understandably communicated to me. However, due to an extraordinary circumstance beyond my control, I have been unable to fulfill this obligation within the specified period.
  2. Exception and travel accident:
    Following an interim decision, I undertook a business trip to … province to gather the necessary documents to prepare my evidence and witness list. However, on …/…/… during my trip, I was involved in a traffic accident that was beyond my control. As a result of this accident, I have been significantly affected both physically and mentally, and I have had to complete the necessary legal procedures. After the accident, I was kept under observation at … State Hospital for several days, and subsequently, my treatment continued at home.
  3. Treatment process and recovery from the obstacle:
    My treatment process, the procedures carried out with official institutions due to the accident, and the improvement of my health took time, during which time I was unable to fulfill my legal obligations. However, as of today, my health has fully recovered, and I am able to present my evidence and witness list to your court.
  4. Force majeure:
    In the Turkish legal system, unforeseen circumstances beyond personal control are considered "force majeure." The accident I experienced was entirely beyond my control and constitutes a justifiable reason for my inability to fulfill my obligation within the allotted time.
  5. Request to the court:
    Due to these extraordinary circumstances, I request that my proceedings, which could not be completed within the prescribed time limit, be accepted and that the judicial process be reinstated to its previous state so that it can continue in a fair manner.

EVIDENCE:

  1. ...treatment reports prepared at the State Hospital,
  2. Police reports regarding the traffic accident,
  3. Medical reports and doctor's statements,
  4. Official correspondence regarding the accident,
  5. All legal evidence.

LEGAL GROUNDS:

Turkish Civil Code No. 4721, Code of Civil Procedure No. 6100 (HMK) Articles 95-101 and other relevant legislation.


CONCLUSION AND REQUEST:

Based on the reasons explained above and the documents submitted;

  1. Considering the accident and my treatment process, which fall under force majeure, I request that my request for reinstatement to my previous state be accepted
  2. In accordance with your court's interim decision dated …/…/…, I request that my list of evidence and witnesses, which could not be submitted within the prescribed time, be accepted
  3. The judicial proceedings shall continue in this direction

I respectfully request and demand that a decision be made.

…/…/… Name and Surname of the Person Requesting Restoration Signature


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