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  • Injuries Caused by Negligence on a Railroad

    Injuries Caused by Negligence on a Railroad (Title) A.B., the above-named plaintiff states as follows:- On the .........day of ............19.................., the defendants were common carriers of passengers by railway between ..........and.............. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. While he was such passenger, at .............[or near the station of .......................or between the stations of .........and.................... ] a collision occurred on the said railway caused by the negligence and un skill fullness of the defendants servants whereby the plaintiff was much injured [having his leg broken, his head cut, etc., and state the special damage, if any, as] and incurred expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman]. [As in paras.4 and 5 of Form No.1, and Relief claimed.] [Or thus:-- 2.On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendants' railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para.3] Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

  • Warrant for Seizure of Specific Movable Property Adjudged by Decree

    Warrant for Seizure of Specific Movable Property Adjudged by Decree (O.21, R.31.) (Title) To, The Bailiff of the Court was ordered by decree of this Court WHEREAS ..............day of............ 19..........., in Suit passed on the of 19............., to deliver to the plaintiff the movable property (Or a share in the movable property) specified in the schedule hereunto annexed, and whereas the said property (or share) has not been delivered; These are to command you to seize the said movable property share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf. 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/-)

  • Notice to Surety of his Liability Under a Decree

    Notice to Surety of his Liability Under a Decree (Section 145) (Title) To WHEREAS YOU...........did on.......... become liable as surety for the performance of any decree which might be passed against the said defendant in the above suit; and whereas a decree was passed on the.............day of...........19 against the said defendant for the payment of, and whereas application has been made for execution of the said decree against you: Take notice that you are hereby required on or before the.............day of........... 19 to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application. 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/-)

  • Preliminary Decree in an Administration Suit

    Preliminary Decree in an Administration Suit (Title) IT is ordered that the following accounts and inquiries be taken and made; that is to say:-- In creditor's suit-- 1.     That an account be taken of what is due to the plaintiff and all other the creditors of the deceased. In suits by legatees-- 2.     That an account be taken of the legacies given by the testator's will. In suits by next-of-kin-- 3.     That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate. [After the first paragraph, the decree will, where necessary, order, in a creditor's suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words The form is continued as in a creditor's suit.] 4.     An account of the funeral and testamentary expenses. 5.     An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use. 6.     An inquiry what part (if any) of the movable property of the deceased is outstanding and undisputed of. 7.     And it is further ordered that the defendant do, on or before the day of next, pay into Court all sums of money which shall be found to have come to his hands, or to the hands of any person by his order or for his use. 8.     And that if the* shall find it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased, that the same be sold accordingly, and the proceeds paid into Court. 9.     And that Mr.E.F.be receiver in the suit (or proceeding) and receive and get in all outstanding debts and outstanding movable property of the deceased, and pay the same into the hands of the* (and shall give security by bond for the due performance of his duties to the amount of rupees). 10.  And it is further ordered that if the movable property of the deceased be found insufficient for carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that is to say-- a.     an inquiry what immovable property the deceased was seized of or entitled to at the time of his death; b.    in inquiry what are the in cumbrances (if any) affecting the immovable property of the deceased or any part thereof; c.     an account, so far as possible, of what is due to the several in cumbrances, and to include a statement of the priorities of such of the in cumbrances as shall consent to the sale hereinafter directed. 11.  And that the immovable property of the deceased, or so much thereof as shall be necessary to make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the Judge, free from in cumbrances (if any) of such in cumbrances as shall consent to the sale and subject to the in cumbrances of such of them as shall not consent. 12.  And it is ordered that G.H. shall have the conduct of the sale of the immovable property, and shall prepare the conditions and contracts of sale subject to the approval of the {Here insert name of proper officer} and that in case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle. 13.  And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the* shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to the* to give the most useful publicity to such inquiries. 14.  And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of, and that the* do certify the result of the inquiries, and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of 15.  And, lastly, it is ordered that this suit [or proceeding] stand adjourned for making final decree to the day of [Such part only of this decree is to be used as is applicable to the particular case.] Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Injunction against Building Higher than Old Level

    Injunction against Building Higher than Old Level (Title) LET the defendant, his contractors, agents and workmen, be perpetually restrained' from continuing to erect upon his premises in any house or building of a greater height than the buildings which formerly stood upon his said premises and which have been recently pulled down, so or in such manner as to darken, injure or obstruct such of the plaintiff's windows in his said premises as are ancient light. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Proclamation of Sale

    Proclamation of Sale (O.21, R.66.) (Title) Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the margin, amounting with costs and interest up to date of sale to the sum of 1.     Suit No. of 19, decided by the of in which was plaintiff and was defendant. The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot. In the absence of any order of postponement, the sale will be held by at the monthly sale commencing at o'clock on the at. In the event, however, of the debt above specified and of the costs of the sale being tendered or paid before the knocking down of any lot, the sale will be stopped. At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid by, or on behalf of, the judgment creditors above-mentioned however, will be accepted, nor will any sale to them be valid without the express permission of the Court previously given. The following are the further Conditions of Sale 1.     The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mix-statement or omission in this proclamation. 2.     The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction. 3.     The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so. 4.     For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order XXI. 5.     In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and re-sold. 6.     In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent. on the amount of his purchase-money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and re-sold. 7.     The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day. 8.     In default of payment of the balance of purchase-money within the period allowed, the property shall be re-sold after the issue of a fresh notification of sale. The deposit after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVEN under my hand and the seal of the Court, this day of 19 Schedule of Property Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

  • Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority

    Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority (O.21, R.48.) (Title) To WHEREAS judgment-debtor in the above-named case, is a (describe office of judgment-debtor) receiving his salary (or allowances) at your hands, and whereas, decree-holder in the said case, has applied In this Court for the attachment of the salary (or allowances) of the said to the extent of due to him under the decree; You are hereby required to withhold the said sum of from the salary of the said in monthly installments of and to remit the said sum (or monthly installments) to 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/-)

  • Notice to Produce Document O.11, R.16

    Notice to Produce Document (O.11, R.16.) (Title as in No.1 supra.) Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following documents referred to in your [plaint or written statement or affidavit, dated the ..........day of ........19.........]. [Describe documents required] X.Y., pleader for the To Z., pleader for the Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Recession of A Contract on the Ground of Mistake

    Recession of A Contract on the Ground of Mistake (Title) A.B., the above-name plaintiff, states as follows:- 1.     On the .........day of ...........19................., the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at..........., contained [ten big has ]. 2.     The plaintiff was thereby induced to purchase the same at the price of .................rupees in the belief that the said representation was true, and signed an agreement of which the original is hereto annexed. But the land has not be transferred to him. 3.     On the ..........day of ........19..., the plaintiff paid the defendant .rupees as part of the purchase-money. 4.     That the said piece o ground contained in fact only [ five big has ]. [As in paras.5 and 6 of Forum No.1] 7.     the plaintiff claims -- ∙         rupees, with interest from the day of 19; ∙         that the said agreement be delivered up and cancelled. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Notice to Attaching Creditor

    Notice to Attaching Creditor.(O.21, R.58.) (Title) To WHEREAS has made application to this Court for the removal of attachment on placed at your instance in execution of the decree in Suit No.........of 19, this is to give you notice to appear before this Court on, the ............day of............. 19 either in person or by a pleader of the Court duly instructed support your claim, as attaching creditor. 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/-)

  • Appendix D - Preliminary Decree for Sale

    Appendix D - Preliminary Decree for Sale (Order XXXIV, Rule 4) (Where Accounts are Directed to be taken.) (Title) 1.     This suit coming on this..................day, etc.; It is hereby ordered and decreed that it be refered to..................................................as the Commissioner to take the accounts following:-- i.      an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable); ii.     an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order of for the use of the plaintiff or which without the willful default of the plaintiff or such person might have been so received; iii.    an account of all sums of money properly incurred by the plaintiff up to this for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate as is payable on the principal, or, failing both such rates, at nine per cent per annum); iv.    an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage deed. 2.     And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal. 3.     And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient dispatch after making all just allowances on or before the................................. day of...................................., and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make. 4.     And it is hereby further ordered and decreed -- i.      that the defendant 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, such sum as the Court shall find due and the sum of Rs............................................for the costs of the suit awarded to the plaintiff; 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, or Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the mortgage and clear of and from all in cumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 5.     And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff 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 plaintiff shall produce before the Court, or such officer as it appoints, all documents in his possession or power relating to the mortgaged property. 6.     And it is hereby further ordered and decreed 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 plaintiff 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 plaintiff 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, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same. 7.       And it is hereby further ordered and decreed that, if the money realized by such sale shall not be sufficient for payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff 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 the defendant 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.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Notice of Payment into Court

    Notice of Payment into Court.(O.24, R.2.) (Title) TAKE notice that the defendant has paid into Court Rs................ and says that that sum is sufficient to satisfy the plaintiff's claim in full. X.Y., Pleader for the defendant. To Z., Pleader for the plaintiff. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

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