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  • Summons in Summary Suit on Negotiable Instrument

    Summons in Summary Suit on Negotiable Instrument (O.37, R.2) (Title) To. WHEREAS ............[Name, description and place of residence.] has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs., balance of principal and interest due to him as the of a of which a copy is hereto annexed. You are hereby summoned to obtain leave from the Court within ten days form the service hereof to appear and defend the suit, and within such time to cause an appearance to be entered for you. In default whereof the plaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum not exceeding the sum of Rs.............., and the sum of Rs............for costs {Ins. by Act 30 of 1926, s.4.} [Together with such interest, if any, form the date of the institution of the suit as the Court may order]. Leave to appear may be obtained on an application to the Court supported by affidavit or declaration showing that there is a defence to the suit on the merits, or that it is reasonable that you should be allowed to appear in the suit. GIVEN under my hand and the seal of the Court, this ..........day of........... 19.......... Judge. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • Summons to Defendant to Appear on Surety

    Summons to Defendant to Appear on Surety's Application for Discharge (O.38, R.3.) (Title) To WHEREAS, who became surety on the day of 19, for your appearance in the above suit, has applied to this Court to be discharged from his obligation: You are hereby summoned to appear in this Court in person on the day of 19, at A.M., when the said application will be heard and determined. GIVEN under my hand and the seal of the Court, this ..........day .........of 19 Judge. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • Defence in Suits Relating to Nuisances

    Defence in Suits Relating to Nuisances 1.     The plaintiff's lights are not ancient [or deny his other alleged prescriptive rights]. 2.     The plaintiffs lights will not be materially interfered with by the defendant's buildings. 3.     The defendant denies that he or his servants pollute the water [or do what is complained of ]. [If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.] 4.     The plaintiff has been guilty of laces of which the following are particulars:-- -- 1870.Plaintiffs mill began to work. 1871.Plaintiff came into possession. 1883.First complaint. 5.     As to the plaintiff's claim for damages the defendant will rely on the above grounds of defence, and says that the acts complained of have not produced any damage to the plaintiff.[If other grounds are relied on, they must be stated, e.g., limitation as to past damage.] Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • Execution of Trusts

    Execution of Trusts In the Court of ...................................... kk………………………………..………….. resi…………………………… ...................... Plaintiff  against GM…………………………..…………….. resi………………………………. .................... Defendant KK………………………………………………………………..…..., the above-named plaintiff, states as follows:- 1. He is one of the trustees under an instrument of settlement bearing date on or about the ……...... day of………………..... made upon the marriage of ……..….KM………………... and HH…………..……..., the father and mother of the defendant [or an instrument of transfer of the estate and effects of KM……………... for the benefit of ………. the defendant, and the other creditors of……………………….…. KM………………………….…..].2. KK…………………..……... has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument. 3. GM…………………………………... claims to be entitled to a beneficial interest under the instrument. [i. Facts showing when the cause of action arose and that the Court has jurisdiction. ] ii. The value of the subject-matter of the suit for the purpose of jurisdiction is ….................rupees and for the purpose of court-fees is ..........................................................rupees.] 6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of the part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of GM………………………..……..., the defendant, and all other persons who may be interested in such administration……………….. ….GM…… ……………………and such other persons so interested as the Court may direct, or that…………………….. GM……………... may show good cause to the contrary. [N.B.-Where the suit is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint by a legatee.] Dated : Plaintiff Through, Advocate  Verification: I, _____________________________, do hereby verify that the contents from paras 1 to ____________ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at THANE this ______. Plaintiff  Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

  • Notice to Show Cause

    Notice to Show Cause (General Form) (Title) To WHEREAS the above-named has made application to this Court that; You are hereby warned to appear in this Court in person or by a pleader duly instructed on the ..........day of....... 19......., at o'clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parse. GIVEN under my hand and the seal of the Court, this ...........day of ........19...... Judge. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • No.42 Administration by Specific Legatee

    No.42 Administration by Specific Legatee                           In the Court of          ...................................... KK……………………………………………………… resi…… ...................... Plaintiff  against GM………………………………………………………… resi .................... Defendant Respectfully KM…………, late of...... , died on or about the ...... day of ...... . By his last will, dated the ...... day of...... he appointed….. GM…………., his executor, and bequeathed to the plaintiff [here state the specific legacy]. For paragraph 4 substitute- The defendant is in possession of the movable property of……. KM…………., and, amongst other things, of the said [here name the subject of the specific bequest]. For the Commencement of paragraph 7 substitute- The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest], or that, etc. Dated : Plaintiff Through, Advocate  Verification: I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.  Affirmed at KALYAN this ______.  Plaintiff Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

  • Defence in any Suit for Debt

    Defence in any Suit for Debt 1.     As to Rs.200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff. Particulars are as follows: Rs. 1907 January 25th..... 150 " February 1st..... 50 -- -- -- -- -- Total 200 -- -- -- -- -- 2.     As to the whole [or as to Rs., part of the money claimed] the defendant made tender before suit of Rs. and has paid the same into Court. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • SUIT FOR MONEY RECOVERY

    Download Word Document In English. (Rs.75/-) Download PDF Document In Marathi. (Rs.75/-) SUIT FOR MONEY RECOVERY  IN THE COURT OF SUB-JUDGE AT ………………….. Civil Suit No.:…………../………… (Under Order XXXVII of the Code of Civil Procedure 1908) Date of Institution : _______ ______________…………………………………………………………………………_________…………………Plaintiff  Versus ……………………………………………………………………………………………………………….Defendants Suit for the recovery of Rs. _______________________ along with cost and interest @ ……………. pa Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit Respectfully Sheweth : 1. That the present suit is being filed under the specific provisions under Order XXXVII of the Code of Civil Procedure, 1908. 2. That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint. 3. That the plaintiff is a ............................. . The defendant purchased ___________________cement and sand etc. from the plaintiff. 4. That the defendant issued the Cheque bearing No. ____________________ dated _________________ for the sum of Rs._______________ drawn at bank _____________, to the plaintiff towards the consideration of the above articles purchased from the plaintiff. 5. That the plaintiff presented the cheque through his own bankers, ie; ......................... , but the same was returned unpaid, on ............................... with the endorsement of insufficiency of funds in the account of the defendant as per the remarks of the banker of the defendant. 6. That other necessary particulars are as under for the convenience of this Hon'ble court:- (a) Date of cheque : __________________________________... [b] Date of presentation : __________________________ of Cheque before the Bank (within ……….months from _________________) [c] Date of dishonour of Cheque : ____________________________ [d] Date of receipt of Memo of : ___________________________ of dishonour of cheque [e] Date of sending of Notice : _______ (within ………… days from ) [f] Date of service of Notice : _____ [g] Date when cause of action : _______ arose (……… days after service on ) 7. That the defendant has apparently issued the cheque without caring to ensure adequate funds and knowing fully well with the ulterior motive to cheat the plaintiff. 8. The memo to that effect was duly communicated to the plaintiff by its banker on _________________. 9. That the said cheque drawn by the defendant on an account maintained by him with the above banker for payment of the amount of money to the plaintiff from out of that account was issued for the discharge of the above said debt/liability. 10. the said cheque has been returned by the bank unpaid, because of the amount of money standing to the credit of account of the defendant is insufficient to honour the cheque or that it exceeds amount arranged to be paid from that account by an agreement made with that bank. 11. thecheque has been presented to the bank within a period of _______………….months from the date on which it is drawn ie; on __________________________________. 12. That the plaintiff in due course of the cheque, has made a demand for the payment of the said amount of money by giving a notice in writing to the defendant within statutory period of thirty days of the receipt of information by him from the bank regarding return of the cheque as unpaid. The said notice was sent on the correct address of the defendant through a Registered/AD letter as well as through UPC on and the said registered letter has been received back with the endorsement "Unclaimed", as is evident from the endorsement of post office seal on the it which legally is presumed to have been served as otherwise also the UPC has not been received back and the same has been duly delivered to the defendant. 13. That the defendant has failed to make the payment of the amount of money to the plaintiff in due course of the cheque within fifteen days of the receipt of the said notice. 14. That it is pertinent to mention here that the debt/liability, for which the cheque was issued by the defendant to the plaintiff is a legally enforceable debt/liability. 15. the cause of action accrued to the plaintiff on , when the cheque was dishonoured and thereafter on when the legal notice was sent to the defendant through Registered letter and UPC. 16. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the correspondence from the defendants were received at his home address and the office/residence of the defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has each and every jurisdiction to try and entertain this suit. 17. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. _________/- and for the purposes of recovery and correct and authorized court fee stamp of Rs.__________ has been affixed on the plaint. 18. It is, therefore, most respectfully prayed that a decree for recovery to the effect that plaintiff is entitled to recover a sum of Rs. _____________ /- along with interest @ ____…% wef_____ __ till the date of realisation of amount along with cost of this suit, be passed in favour of plaintiff and against the defendants. Such other reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice. AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY………………………… Plaintiff >>>>>>>>>>>>>>>>>>>Through, Advocate  Verification: I, _________________________, do hereby verify that the contents of the above plaint from paras 1 to are true and correct to the best of my knowledge and belief, and no part of it is false and nothing material has been concealed therein. Verified at .,………………………………..this the _____. Plaintiff  IN THE COURT OF SUB-JUDGE AT ………………………. Civil Suit No.;……………………………….. (Under Order XXXVII of the Code of Civil Procedure 1908) ………………………………………………………………………………………………..Plaintiff  Versus ………………………………………………………………………….………………………..Defendants  Affidavit in support of Plaint under Order XXXVII of the Code of Civil Procedure 1908  I, ………………………………………………, do hereby solemnly affirm and declare as under:- 1. That the accompanying plaint has been drafted under my instructions. 2. That the contents of paras 1 to __________ of the accompanying plaint are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein. 3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true and no part of it is false and nothing material has been concealed therefrom. Affirmed here at ………………………. this _______.  IN THE COURT OF SUB JUDGE AT ……………………….. ……………………………………………………..Versus…………………………………… Suit : for Recovery _______________________________________________________ Name………………………………………………………………………………………………__________________ Address ;……____________________________________________________.In the above noted suit every summons, notice & other order may be served on me on the address given above during the pendency of the suit. Change of Address will be intimated to the Court. Dated : _______ Sd: …………………………………………..Plaintiff Petitioner ……………………………………….DefendentThrough, Advocate Process Fee  IN THE COURT SUB JUDGE AT …………………….. …………………………………………….Versus ………………………………………. Claim : for Recovery Date of Hearing :_______ Date _______ By Whom Filed_______ Purpose _______ Amount _______ Stamp _______ Plaintiff For service of defendants Advocate Received on _______ Court-fee stamp of the value of Rs. ____............ with ______ copy in case No. _____ of ……………. in Re..............................Vs ………………………. Signature of the Head Notice Writer Under Order 7 Rule 13 (1) CPC List of Documents Filed By Plaintiff  IN THE COURT OF SUB JUDGE AT ………………………… …………………………………………………..Versus…………………………………………….. Date of Hearing: _______________________  Suit for : for Recovery Date of Production :_______ ____________________ S.No Details, Date What is If Documents If Rejected Documents Intended Filed What is Then the to be the Exh Marked Date of Proved From on it Return of Document Documents 1.Original DishonouredCheque bearing No. _______________ dated ______________ to be drawn on ______________________ for a sum of Rs.___________________  2.Original Memo of Bank dt _____________________ 3.Copy of Notice issued to the defendant dated _______________________ 4.Original Receipts of Registry & AD. 5. Original Receipts of UPC. 6. Original unclaimed Registered Letter. Date: ___________________Counsel for Plaintiff/Defendant List of Documents Relied Upon Under Order 7 Rule 14 CPC Filed by : Plaintiff  In the Court of Sub Judge at ..........................................................................- Versus …………………………………………. Suit : for Recovery Date of hearing: 1. Have you produced any …………………………….…………….., as per list. documents with the plaint so, what are those document. 2. Do you wish to produce any more ………………………………., if required. documents which are in your possession and custody if so, what are those documents. 3. Do wish to relay upon any …………………………………….., later on other documents, if so in from the custody whose possession they are and of defendants. what are those documents. Counsel for Dated : ………………………………………..No. 4 SUMMONS IN A SUMMARY SUIT (O. 37, R. 2)  --………………………………………….. Versus -………………………………………. To: -4- WHEREAS -1-, has instituted a suit against you under Order 37 of the Code of Civil Procedure, 1908, for Rs. ............................ and interest, you are hereby summoned to cause an appearance to be entered for you, within TEN days from the service hereof, in default whereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs. ............................. and the sum of Rs……………………………. for costs, together with such interest, if any, as the Court may order. If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to defend. GIVEN under may hand and the sea] of the Court, this ._____________________ Senior Sub Judge/Sub Judge ……………………………………………………………………………………… SUMMONS FOR JUDGMENT IN A SUMMARY SUIT (O. 37, R. 3) --……………………………….. Versus -………………………………………- In the Court of __Senior Sub-Judge/Sub-Judge at ……………………, Suit No. of ……..……../………………….. …………………………………………………………………………………………………………….Plaintiff  Versus -  ……………………………………………………………………………………………………………Defendant  Upon reading the affidavit of the plaintiff the Court makes the following order, namely. -  Let all parties concerned attend the Court or Judge, as the case may be, on the day ...... of …..__ /….. at ………………….………..'clock in the Morning on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs. …………………..__ and for interest and costs.  Dated;………….………………/………………………..

  • Use and Occupation

    Use and Occupation (Title) A.B., the above-named plaintiff, executor of the will of X.Y., deceased, states as follows:- 1.     That the defendant occupied the [house No........, street], by permission of the said X.Y., from the ........day of .....19..... until the....... day of......... 19.........., and no agreement was made as to payment for the use of the said premises. 2.     That the use of the said premises for the period was reasonably worth .......rupees. 3.     The defendant has not paid the money. 4.     The defendant has not paid the money. [As in paras.5 of Form no.1.] 6.     The plaintiff as executor of X.Y. claims [Relief claimed.] Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • CPC PRAYING FOR GRANT OF EXPARTE AD

    CPC PRAYING FOR GRANT OF EXPARTE AD-INTERIM INJUCTIVE ORDER. Suit Format of Consequential Relief Permanent Injunction In the court of Hon’ble Civil Judge, Senior Division, ____. _________ Versus __________ Suit for Declaration with a Consequential Relief Permanent Injunction APPLICATION UNDER ORDER RULE  C.P.C. READ WITH SECTION ___  CPC PRAYING FOR GRANT OF EXPARTE AD-INTERIM INJUCTIVE ORDER. Respectfully showeth: 1- That the applicant/plaintiff has this day instituted the above captioned case before this Hon’ble court, the contents of which may kindly be read as part and parcel of this application for the sake of brevity and avoidance of repetition. 2- That succinctly stated that the applicant has very good prim-facie case to succeed, balance of convenience heavily tilts in his favour, and plaintiff will suffer irreparable loss and incalculable injury if the stay sought for is not granted. 3- That on the basis of the false, illegal, and unlawful the judgement and decree dated ____ defendant/respondent wants to dispossess the applicant/plaintiff from the suit land which is mentioned in Para No.1 of the plaint illegally, forcibly and wants to take the possession of the suit land from the applicant/plaintiff illegally, forcibly and unlawfully for which the defendant has no right title and interest to do so. In case respondents/defendant will succeed in her illegal motives in that event the applicant/plaintiff shall only suffer an irreparable loss and incalculable injuries PRAYER: It is, therefore, prayed that an ex-parte ad interim injunction order restraining the defendant/respondent from dispossessing the applicant/plaintiff from the suit land and from interfering into the peaceful possession of the applicant/plaintiff over the suit and also from taking the forcible possession of the suit land from the plaintiff which is mentioned in Para No.1 of the plain, forcibly illegally and in any coercive manner whatsoever may kindly be passed in favour of the applicant/plaintiff and against the respondent/defendant till the final decision of the suit. Dated Applicant/Plaintiff Through counsel _____ Advocate, ____. Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

  • Decree for Recovery of Land and Manse Profits

    Decree for Recovery of Land and Manse Profits (Title) IT is hereby decreed as follows:-- 1.     That the defendant do put the plaintiff in possession of the property specified in the schedule hereunto annexed. 2.     That the defendant do pay to the plaintiff the sum of Rs. with interest thereon at the rate of percent per annum to the date of realization on account of manse profits which have accrued due prior to the institution of the suit. Or 3.     That an inquiry be made as to the amount of manse profits which have accrued due prior to the institution of the suit. 4.     That an inquiry be made as to the amount of meson profits from the institution of the suit until [the delivery of possession to the decree-holder] [the relinquishment of possession by the judgment debtor with notice to the decree-holder through the Court] [the expiration of three years from the date of the decree]. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • Defence in Suits for Infringement of Trade Mark

    Defence in Suits for Infringement of Trade Mark 1.     The trade mark is not the plaintiff's. 2.     The alleged trade mark is not a trade mark. 3.     The defendant did not infringe. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

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