Notice of Application for the Transfer of a Suit to another Court for Trial (Section 24) In the Court of the District Judge of ................ No............ of 19 To WHEREAS an application dated the ...............day of............ 19........., has been made to this Court by...... the in Suit NO............... of 19....... now pending in the Court of the at, in which is plaintiff and ...........is defendant, for the transfer of the suit for trial to the Court of the at:-- You are hereby informed that the ........day of........ 19 has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it. GIVEN under my hand and the seal of the Court, this.......... day of............ 19 Judge. Download Word Document In English. (Rs.5/-)

Appendix C - Interrogatories (O.11, R.4.) (Title as in No.1 supra.) Interrogatories on behalf of the above-named [plaintiff or defendant C.D.] for the examination of the above-named [defendants E.F. and G.H. or plaintiff]. 1.     Did not, etc. 2.     Has not, etc. etc., etc., etc. [The defendant E.F.is required to answer the interrogatories numbered.] [The defendant G.H.is required to answer the interrogatories numbered.] Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Warrant to the Bailiff to give Possession of Land, Etc (O.21, R.35.) (Title) To The Bailiff of the Court. WHEREAS the under mentioned property in the occupancy of has been decreed to, the plaintiff in this suit; You are hereby directed to put the said in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same. GIVEN under my hand and seal of the Court, this.......... day of...........19........ Judge. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

ORDER XXII  DEATH, MARRIAGE AND INSOLVENCY OF PARTIES - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908 What is the meaning of No abatement by party's death if right to sue survives?  What is the Procedure where one of several plaintiffs or defendants dies and right to sue survives?  What is the Procedure in case of death of one of several plaintiff or of sole plaintiff?  What is the Procedure in case of death of one of several defendants or of sole defendant?  What is Determination of question as to legal representative? What is the meaning of No abatement by reason of death after hearing?  Rule 1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908 No abatement by party's death if right to sue survives, Procedure where one of several plaintiffs or defendants dies and right to sue survives, Procedure in case of death of one of several plaintiff or of sole plaintiff, Procedure in case of death of one of several defendants or of sole defendant, Determination of question as to legal representative and No abatement by reason of death after hearing are defined under Rule 1, 2, 3, 4, 5 and 6  of Order XXII of Code of Civil Procedure 1908. Provisions under these Rules are: Rule 1 Order XXII of Code of Civil Procedure 1908 "No abatement by party's death if right to sue survives" The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives   Rule 2 Order XXII of Code of Civil Procedure 1908 "Procedure where one of several plaintiffs or defendants dies and right to sue survives" Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.   Rule 3 Order XXII of Code of Civil Procedure 1908 "Procedure in case of death of one of several plaintiff or of sole plaintiff" (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative, of the deceased plaintiff to be made a party and shall proceed with the suit.(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.   Rule 4 Order XXII of Code of Civil Procedure 1908 "Procedure in case of death of one of several defendants or of sole defendant" (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a part and shall proceed with the suit.(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant.(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of. any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may. in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place.(5) Where(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and(b) the plaintiff applies after the expiry of the period specified therefor in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved. 4A. Procedure where there is no legal representative (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit.  (2) Before making an order under this rule, the Court-(a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and(b) shall ascertain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.   Rule 5 Order XXII of Code of Civil Procedure 1908 "Determination of question as to legal representative" Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the CourtProvided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.   Rule 6 Order XXII of Code of Civil Procedure 1908 "No abatement by reason of death after hearing" Notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason. of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.   Download Word Document In English. 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Notice to Show Cause why a Certificate of Appeal to the Supreme Court Should not be Granted (O.45, R.3.) (Title) To TAKE notice that .........has applied to this Court for a certificate that as regards amount or value and nature the above case fulfils the requirements of section 110 of the Code of Civil Procedure, 1908, or that it is otherwise a fit one for appeal to 442[the Supreme Court]. The ..........day of .......19 is fixed for you to show cause why the Court should not grant the certificate asked for. GIVEN under my hand and the seal of the Court, this ..........day of ........19 Registrar. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Appendix D - Preliminary Decree for Redemption of Prior Mortgage and Foreclosure or Sale on Subsequent Mortgage [Plaintiff.................................................................2nd Mortgagee, vs. Defendant No.1...........................................................Mortgager Defendant No.2...........................................................1st Mortgage] (Title) 1.     The suit coming on this day, etc.; It is hereby declared that the amount due to defendant No.2 on the mortgage mentioned in the plaint calculated up to this day 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 defendant No.2 in respect of the mortgage-security with interest thereon and the sum of Rs. for the costs of this suit awarded to defendant No.2, making in all the sum of Rs. (Similar declarations to be introduced with regard to the amount due from defendant No.1 to the plaint)] in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.) 2.     It is further declared that defendant No.2 is entitled to payment of the amount due to him in priority to the plaintiff {Words not required to be deleted} [or (if there are several sub-sequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:-- ]. 3.     And it is hereby ordered and decreed as follows:--                       i.        that the plaintiff or defendant No.1 or one of them do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. due to defendant No.2; and pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. due to the plaintiff; and                      ii.        that, either of them in the manner prescribed in clause (i) (a) 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, defendant No.2 shall bring into Court all documents in his possess on or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or defendant on payment of the sum declared due to defendant No.2 by the plaintiff and defendant No.1 or No.1 (whoever has made the payment), of to such person as he appoints, and defendant No.2 shall if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all in cumbrances created by defendant No.2 or any person claiming under him or any person -under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required deliver up to the plaintiff or defendant No.1 (whoever has made the payment) quiet and peaceable possession of the said property. (Similar declarations to be introduced, if defendant No.1 pays the amount found or declared due to the plaintiff] with such variations as may be necessary having regard to the nature of his mortgage.) 4.     And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount due to defendant No.2, defendant No.2 shall be at liberty to apply to the Court that the suit be dismissed or for a final decree--                       i.        {Words not required to be deleted} [in the case of a mortgage by conditional sale or on anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No.1 jointly and severally 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 to the defendant No.2 quiet and peaceable possession of the property; or                      ii.        {Words not required to be deleted} [in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale defendant No.2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and                     iii.        {Words not required to be deleted} [in the case where a sale is ordered under clause 4 (ii) above] that the money realised by such sale shall be paid into Court and be duly applied (after deduction there from of the expenses of the sale) in payment of the amount payable to defendant No.2 under the decree and any further orders that may be passed in this suit and in payment of the amount which the Court may adjudge due to defendant No.2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff 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, and that the balance, if any, shall be applied in payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid to defendant No.1 or other persons entitled to receive the same; and                     iv.        that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No.2 and the plaintiff, defendant No.2 or the plaintiff or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any leave for the time being in force) to apply for a personal decree against defendant No.1 for the amounts remaining due to them respectively. 5.     And it is hereby further ordered and decreed,-- a.     that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to defendant No.2 but defendant No.1 makes default in the payment of the said amount, the plaintiff shall be at liberty to apply to the Court to keep defendant No.2's mortgage alive for his benefit and to apply for a final decree (in the same manner as the defendant No.2 might have done under clause 4 above)-- {Words not required to be deleted} [ (i) that defendant No.1 shall thenceforth 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 plaintiff quiet and peaceable possession of the said property;] or {Words not required to be deleted} [ (ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgage property;] and (if on the application of defendant No.2 such a final decree for foreclosure is passed), that the whole of the liability of defendant No.1 arising from the plaintiff' mortgage or from the mortgage of defendant No.2 or from this suit shall be deemed to have been discharge and extinguished. 6.     And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above)--                       i.        that the money realised by such sale shall be paid in Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in respect of defendant No.2's mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to the plaintiff in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff 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, and that the balance, if any, shall be paid to defendant No.1 or other persons entitled to receive the same; and                      ii.        that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of defendant No.2's mortgage or the plaintiff's mortgage, defendant No.2 shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against defendant No.1 for the amount of the balance. 7.     And it is hereby further ordered and decreed that the parties are 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. 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Prohibitory Order Against the Transfer of Shares Sold in Execution - (O.21, R.79.) (Title) To ............................... and, ..................................Secretary of ...........................Corporation. WHEREAS................................. has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of .....................standing in the name of you.....................; It is ordered that you be, and you ...................are hereby, prohibited from making any transfer of the said shares to any person except the said ........................the purchaser aforesaid, or from receiving any dividends thereon; and you, Secretary of the said..................... Corporation, from permitting any such transfer or making any such payment to any person except the said, the purchaser aforesaid. 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/-)

Obstructing A Right to Use Water for Irrigation (Title) A.B., the above-named plaintiff states as follows:- 1.     Plaintiff is, and was at the time hereinafter mentioned, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands. 2.     On the........ day of........... 19................, the defendant prevented the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the said stream. [As in paras.4 and 5 of Form No.1, and Relief claimed.] Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Defence in Suits for Infringement of Copyright 1.     The plaintiff is not the author [assignee, etc.]. 2.     The book was not registered. 3.     The defendant did not infringe. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Preliminary Decree For Redemption Where on Default of Payment by Mortgagor a Decree for Sale is (Order XXXIV, Rule 7) ( Where The Court Declares The Amount Due.) Passed (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 day 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 cost of this 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 the 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 such person as he appoints, and the defendant shall, if so required, recovery or re-transfer the said property to the plaintiff free from the said mortgage and clear of and from all in cumbrances created by the defendant or any person claiming under or any person under whom he claims 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 decree that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the defendant shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property. 4.             And it is hereby further ordered and decree that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction there from of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the defendant 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, 1903, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to the same. 5.             And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall e at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and that the parties are 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/-)

Decree against Mortgagor Personally for Balance after the Sale of the Mortgaged Property (Order Xxxiv, Rules 6 and 8a). (Title} Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and reading the final decree passed in the suit on the day of and the Court being satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs............ And have been paid to the applicant out of the Court on the day of and that the balance now due to him under the aforesaid decree is Rs.............; And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor (plaintiff or defendant, as the case may be) personally; It is hereby ordered and decreed as follows:- That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or plaintiff, as the case may be) the said sum of Rs.............. With further interest at the rate of six per cent, per annum from the day of (the date of payment out of Court referred to above) up to the date of realisation of the said sum, and the costs of this application. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Notice to Admit Facts (O.12, R.15) (Title as in No.1, supra.) Take notice that the plaintiff [or defendant ] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit, only the several facts respectively hereunder specified; and the defendant [ or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit. G.H. pleader [or agent] for plaintiff [or defendant]. To E.F., Pleader [or agent] for defendant [ or plaintiff.] The facts, the admission of which is required, are -- 1.     That M. died on the 1st January, 1890. 2.     That he died intestate. 3.     That N. was his only lawful son. 4.     That O. died on the 1st April, 1896. 5.     That O. was never married. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)