Order for Committal (O.38.R.4.) (Title) To WHEREAS, plaintiff in this suit, has made application to the Court that security be taken for the appearance of, the defendant, to answer any judgment that may be passed against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, until satisfaction of the decree. GIVEN under my hand and the seal of the Court, this..........day ........of 19 Judge. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

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.15/-) Download PDF Document In Marathi. (Rs.15/-)

Affidavit of Process-Server to Accompany Return of A Summons or Notice (O.5, R.18.) (Title) The Affidavit of.........., son of.......................... I make oath/affirm and say as follows:-- 1.     I am a process-server of this Court. 2.     On the ............day of................. 19..........., I received a summons/notice issued by the Court of ..............in suit No.............of ............19.........., in the said Court, dated the ...........day of .............19.........., for service on.................... 3.     The said.................... was at the time personally known to me, and I served the said summons/notice on him/her on the ................day of............ 19.........., at about ............o'clock in the noon at ...............by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice. a.       b.      1.     Here state whether the person served signed or refused to sign the process, and in whose presence. 2.     Signature of process-server. or, 3.     The said ...............not being personally known to me.............. accompanied me to................ and pointed out to me a person whom he stated to be the said..............., and I served the said summons/notice on him/her on the .............day of ..................19..................., at about .....................o'clock in the ................noon at ...................by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice. a.       b.      1.     Here state whether the person served signed or refused to sign the process, and in whose presence. 2.     Signature of process-server. or, 3.     The said ................and the house in which the ordinarily resides being personally known to me, I went to the said house, in .....................and there on the .............day of .........19............., at about................... o'clock in the ................noon, I did not find the said.............. a.       b.      1.     Enter fully and exactly the manner in which the process was, served, with special reference to Order 5, rules 15 and 17. 2.     Signature of process-server. or, 3.     One ..............accompanied me to .............and there pointed out to me................ which he said was the house in which................ ordinarily resides. I did not find the said............. there. a.       b.      a.     Enter fully and exactly the manner in which the process was, served, with special reference to Order 5, rules 15 and 17. b.    Signature of process-server. or, If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service. Sworn/Affirmed by the said before me this .............day of......... 19........... Empowered under section 139 of the Code of Civil Procedure, 1908,, to administer the oath to deponents. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.20/-)

Certificate of Sale of Land .(O.21, R.94.) (Title) THIS is to certify that has been declared the purchaser at a sale by public auction on the............day of...........19..........., of......................in execution of decree in this suit, and that the said sale has been duly confirmed by this Court. GIVEN under my hand and the seal of the Court, this............day of.............19 Judge. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Defence to Suit for Foreclosure 1.     The defendant did not execute the mortgage. 2.     The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is denied). 3.     The suit is barred by article of the second schedule to the 2Indian Limitation Act, 1877. 15 of 1877. 4.     The following payments have been made, viz.:-- -- Rs. (Insert date)-- -- -- -- -- -- -- -- ,.....1,000 (Insert date)-- -- -- -- -- -- -- -- ,..... 500 5.     The plaintiff took possession on ...........the of............, and has received the rents ever since. 6.     That plaintiff released the debt on ...................the of......... 7.     The defendant transferred all his interest to A.B.by a document dated.............. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Defence in Suits for Detention of Goods 1.     The goods were not the property of the plaintiff. 2.     The goods were detained for a lien to which the defendant was entitled. Particulars are as follows:-- -- 1907, May 3rd.To carriage of the goods claimed for Delhi to Calcutta: 45 mounds at Rs.2 per mound.....Rs.90. Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

Summons to Appear and Answer Charge of Obstructing Execution of Decree. (O.21, R.97.) (Title) To WHEREAS................, the decree-holder in the above suit, has complained to this Court the you have resisted (or obstructed) the officer charged with the execution of the warrant for possession: You are hereby summoned to appear in this Court on the ................day of ..........19....... at .............A.M., to answer the said complaint. GIVEN under my hand and the seal of the Court, this ............day of ...........19......... Judge. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Specific Performance (No. 2) (Title) A.B., the above-named plaintiff, states as follows:- 1.     On the .........day of......... 19........, the plaintiff and defendant entered into an agreement, in writing and the original document is hereto annexed. The defendant was absolutely entitled to the immovable property described in the agreement. 2.     On the .........day of.......... 19.........., the plaintiff tendered rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument. 3.     On the ..........day of ..........19..................., the plaintiff again demanded such transfer [ Or the defendant refused to transfer the same to the plaintiff.] 4.     The defendant has not executed any instrument of transfer. 5.     The plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant. [ As in paras.6 and 7 of Form No, 1.] 8.     The plaintiff claims - 1.     that the defendant transfer the said property to the plaintiff by a sufficient instrument [ following the terms of the agreement ]; 2.     ..........rupees compensation for withholding the same. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Decree to Set Aside A Transfer in Fraud of Creditors (Title) IT is hereby declared that the, dated the........... day of............... 19........, and made between and............, is void as against the plaintiff and all other the creditors, if any, of the defendant.................... Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

Injunction Restraining Use of Private Road (Title) LET the defendant, his agents, servants and workmen, be perpetually restrained from using or permitting to be used and part of the lane at, the soil of which belongs to the plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the land marked B in the annexed plan or for any purpose whatsoever. Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

Preliminary Decree for Redemption Where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed (Order XXXIV, Rule 7) (Where the Court Declares The Amount Due.) (Title) 1.             This suit coming on this ..............day, etc,; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this doge of is the sum of Rs................. For principal, the sum of Rs. ..............For interest on the said principal, the sum of Rs. For costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. .................For the costs of the suit awarded to the defendant, making in all the sum of Rs.. 2.             And it is hereby ordered and decreed as follows:-                               i.                that the plaintiff do pay into Court on or before the day of or any later date up to which time for payment may be extended by the Court the said sum of Rs.                              ii.                that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, reconvene or re-transfer the said property free from the said mortgage and clear of and from all in cumbrances created by the defendant or any person claiming under him or any person under whom he claims, and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 3.     And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree that the plaintiff shall henceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Final Decree for Foreclosure (Order XXXIV, Rule 3.) (Title) 1.     Upon regarding the preliminary decree passed in this suit on the day of...............................................any further orders (if any) dated the................................day of........................and the application of the plaintiff dated the............................day of........................... for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the said mortgage: It is hereby ordered and decreed that the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned; {Words not required to be deleted} [and (if the defendant be in possession of the said mortgage property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property]. 2.     And it is hereby further declared that the whole of the liability whatsoever of the defendant up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)