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SUIT FOR PERMANENT INJUCTION IN THE COURT OF  SH._____________._________ Versus  _____________ SUIT FOR PERMANENT INJUCTION AFFIDAVITI, __________ son of Sh. ___________,  R/o _______________,  do hereby solemnly affirm and declare as under:1 That the deponent along with his ___________ son of Sh. ____________ purchased a site consisting of a house and a shop situated at _____________ formerly ________, forming part of __________- measuring ___ Sq. yards admeasuring x show in ___ colour in the site attached with the plaint from ___________ S/o Sh. __________________ vide registered sale deed dated _________. The Photo Copy the sale Deed is EX-P-1. The said shop is bounded as under :-North - ____________ South - ____________East - ____________ West - ____________ 2- That the afore-said _____________ had purchased the above mentioned site from ____________ of _____________ vide registered sale Deed dated _______________ in which ____ room _____ and _____ were existing. Water and electricity connections were also therein the site. The photocopy of sale Deed dated ______ is EXP-2. 3- That at the time of purchase of the said site by the deponent and his ______ from _________ aforesaid , _____ room ______ ,______ and ______ were there at the site and the electric and water connections were also there. The property in question is subject to house tax by the defendants and the same is being paid by the deponent from time to time. 4- That the construction mentioned in Para No.2 above is existing at the site for the last more than years as is evident from the Photocopy of the conveyance Deed attached with the plaint. The photocopy of the House Tax receipt is EXP-3 and the copy of the site plan is EXP-4.5- That the defendants illegally and unlawfully issued show cause notice dated ________ under Section ___ of the _____________ Act and order of demolition dated ___________ in the name off Shri ____ father of the deponent on receipt of which the deponent visited the office of the defendants and apprised them that the construction regarding which notices has been issued by the defendants was an old one having been raised in the premises in question for the last more than years and documents in the support there of were also shown to them. On seeing the same they were satisfied and told that the deponent that no action thereon shall be taken by the defendants. 6- That the defendants through their employees now on ________ came to the suit premises and tried to demolish the construction rose thereon illegally and unlawfully. However, their attempt to do so was failed with the help of the respectables of the area. They left the spot but held out threats to demolish the same. The deponent apprehends that in case they succeed in their illegal designs, in that event he would suffer irreparable loss and injury. This is the final date of cause of action and hence this suit. Deponent VERIFICATION Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing concealed therein. Verified at __________ on _________ Deponent Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

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;………….………………/………………………..

Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) chamber summons supported by affidavit IN THE HIGH COURT OF CIVIL APPLICATION NO. ____________ 20.. (Rise from civil case No…..of 20… of the High Court  BETWEEN A AND B___________________________________________ APPLICANT VERSUS X AND Y_____________________________________________ RESPONDENT CHAMBER SUMMONS  ( made under sections ………………..of………………………………..and any other enabling provisions of the law in force )  LET ALL PARTIES CONCERNED  appear before His Lordship Judge…………… in Chambers at the High court of Tanzania on the ______________ day of ____________________, 20.. at 9:00 O’clock or soon thereafter as the counsel for the Applicant can be upon the application for the Orders namely: -  (a) That this honorable court be pleased to issue ………………………………………….. (b) That this honorable court be pleased to………………………………. (c) Costs of this application be provided. (d) Any other relief(s) that this Court may deem fit and or equitable to grant This application has been taken out at the instance if  ABCDE & CO. ADVOCATES  and the same are supported by and affidavit of the Applicant one A AND B.  Given under MY HAND and SEAL OF THE COURT this _______ day _____________20.. __________________ REGISTRAR Presented for filing this _______ day of ___________________ 20.. ________________________ Registry Officer Copy to be served upon:  X AND Y  P.O. Box……, Dar es Salaam  Drawn and Filed by: ABCDE & Co. Advocates, ……….House, 8th Floor, uzunguni street  P.O. Box…. Dar es Salaam  See also IN THE HIGH COURT OF TANZANIA DAR ES SALAAM REGISTRY AT DAR ES SALAAM CIVIL APPLICATION NO. ____________ 20.. (Rise from civil case No…..of 20… of the High Court of Tanzania) BETWEEN A AND B___________________________________________ APPLICANT VERSUS X AND Y_____________________________________________ RESPONDENT AFFIDAVIT IN SUPPORT OF THE APPLICATION I, A AND B, an adult and resident of……………. and of Islamic faith DO HEREBY solemnly affirm and state as hereunder: -  1. That I am The applicant herein hence conversant with all facts I am about to depose herein.  2. That I am………………………….. The copy of……………………………………..is attached hereto and marked as annexure AM-1 and I crave leave for the same to form part of this Affidavit.  3. That further, I am……………………………………………………...  4. That……………………………………………………………………………..  5. That…………………………………………………. The copy of the………………………..is herein attached and marked as annexure AM-2 and the leave of the court is sought for the same to form part of this Affidavit.  6. That following………………………………………. The copies of the said……………………are herein annexed and marked as annexure AM-3 and AM – 4 respectively, and I crave leave for the same to form part of this Affidavit thereof.  7. That it is in the interest of justice if the orders sought for in the Chamber applications is granted.  If the same relief(s) are not granted the Applicant will stand to suffer substantial loss which can not be attorned in monetary compensation.  Dated at Dar es Salaam this ________ day of ______________________20..    _________________________ Applicant   VERIFICATION I, A AND B the Applicant herein DO HEREBY verify that all that is stated herein in paragraphs 1,2,3,4,5,6 and 7  of this Affidavit are true to the best of my own knowledge.  Verified at ……………..this ________ day of _____________________20..  _______________________________ Applicant SOLEMNLY AFFIRMED at ………………….. )  by the said A AND B who is identified to me    )  by KUSHOTO KULIA the latter being known   ) to me Personally this ____ day of _____20…     )  In my presence                                                     ) Name: …………………………………………….. Signature: ………….…………….….......….…… Postal Address: ..…..…………..........….....……                                  ...……………….….…………… Qualification:  Commissioner For Oaths Presented for filing this __________ day of ______________________, 20…    ___________________ Registry Officer Copy to be served upon:  X AND Y  P.O. Box……, Dar es Salaam  Drawn and Filed by: ABCDE & Co. Advocates, ……….House, 8th Floor, Uzunguni street  P.O. Box…. Dar es Salaam

Download Word Document In English. (Rs.55/-) Download PDF Document In Marathi. (Rs.55/-) SUIT UNDER SECTION 91 OF THE CODE OF CIVIL PROCEDURE 1908  IN THE COURT OF JUDGE …KANPUR Suit No.;…………./………….. Mr………………………………………..…kk………………………………resi… ……………………………………….Plaintiff                                   Versus Mr………………………………………GM ……………………………… resi………………………………………….Defendants  (SUIT UNDER SECTION 91 OF THE CODE OF CIVIL PROCEDURE 1908 FOR ACTS WHICH ARE PUBLIC NUISANCE EFFECTING PUBLIC AND LIKELY TO EFFECT PUBLIC) SUIT FOR DECLARATIONS, PERMANENT AND MANDATORY INJUNCTION UNDER SECTION 91 OF THE CODE OF CIVIL PROCEDURE 1908 AND OTHER PROVISIONS The Plaintiffs Most Respectfully State And Submit As Under :  The present suit is being filed by the Plaintiffs seeking the reliefs of declarations, mandatory and permanent injunctions against the Defendants against the acts which are public nuisances effecting the general members of public and such acts which are likely to effect such members. The said suit is being filed against the defendants seeking the reliefs that they are refrained from indulging such acts and forthwith stop such unlawful and illegal acts which have and are likely to create public nuisance and other wrongful acts effecting the public more particularly the people living in the surrounding area. The present suit is being filed in the representative capacity by the Plaintiff for themselves and other members of general public seeking this Hon'ble Court's intervention and indulgence so as to stop and save the entire locality from the acts of omission and commission being committed by the Defendants hereinafter mentioned. In The Court of Sub Judge at …KANPUR Suit No…….……./…………… Mr…………………………………………………resi…………………………………………………………..Plaintiff                                  Versus ,Mr…………………………………………………resi………………………..…………………………………Defendants  Application under Section 80 (2) of the CPC Respectfully Sheweth:  1. That the Plaintiffs/applicants have on this day filed the accompanying suit seeking the reliefs of declaration and injunction against the defendants. The plaintiffs/applicants crave leave to refer to the contents and averments contained in the plaint at the time of hearing and disposal of the present application, the contents whereof are not being reproduced herein for the sake of brevity and may be read as part of this application.  2. That the subject matter of the accompanying suit filed by the Plaintiffs/Applicants concerns various acts affecting public and such other and further acts which are public nuisance and likely to affect general members of the public. The accompanying suit is being filed by invoking the provisions of Section 91 of the CPC and the leave of the court has been sought as required under the said provisions by a separate application.. The plaintiffs/applicants submits that if the acts of omission ad commission being committed by the defendants are allowed to sustain and continue the public shall suffer grievous, irreparable harm, injury and loss.  3. __________________________ 4. That there exists a very plausible and sustainable cause of action in the facts and circumstance disclosed in the Plaint. That there exists a prima facie case in favour of the Plaintiffs and severe loss, harm and injury shall be caused if the reliefs prayed for herein are not granted. No prejudice shall be caused to the Defendants if the leave prayed for herein is granted. That in the event prior notices are for …………..days are served, grave prejudice shall be caused in as much as the nuisance complained off affect the public at large. 5. The present application is bonafide and is being made in the interest of justice. WHEREOF it is most respectfully prayed that this Hon'ble Court may be pleased to:- (a) Grant leave to the Plaintiffs/Applicants under Section 80 (2) of the CPC to maintain the accompanying suit without compliance with Section 80 (1) of the CPC 1908. (b) Pass such further and other orders as this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case. KANPUR Plaintiffs/Applicants __________________ Through, Advocate  In The Court of Sub Judge at KANPUR Suit No………./…….. Mr………………………………………………………resi………………………………………………Plaintiff                                                                    Versus Mr………………………………………………………resi…………………………………………………Defendants  Affidavit in support of application under Section _____________ of CPC I, ________________________ , do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to ____ of the accompanying application are correct and true. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.  Affirmed here at Coimbatore this the ______ Deponent  In The Court Of Sub Judge KANPUR Suit No………../…………. Mr………………………………………………resi……………………………………….Plaintiff                                                Versus Mr……………………………………….……resi………………………………………Defendants  Application under Section 91 (1) (b) of the Code of Civil Procedure Respectfully Sheweth:  1. That the Plaintiffs/applicants have on this day filed the accompanying suit seeking the reliefs of declaration and injunction against the defendants. The plaintiffs/applicants crave leave to refer to the contents and averments contained in the plaint at the time of hearing and disposal of the present application, the contents whereof are not being reproduced herein for the sake of brevity and may be read as part of this application.  2. That the subject matter of the accompanying suit filed by the Plaintiffs/Applicants concerns various acts affecting public and such other and further acts which are public nuisance and likely to affect general members of the public. The accompanying suit is being filed by invoking the provisions of Section 91 of the CPC and the leave of the court is required to be sought per the said provisions by a separate application.. The plaintiffs/applicants submits that if the acts of omission ad commission being committed by the defendants are allowed to sustain and continue the public shall suffer grievous, irreparable harm, injury and loss. 3. ______ 4. That there exists a very plausible and sustainable cause of action in the facts and circumstance disclosed in the Plaint. That there exists a prima facie case in favour of the Plaintiffs and severe loss, harm and injury shall be caused if the reliefs prayed for herein are not granted. No prejudice shall be caused to the Defendants if the leave prayed for herein is granted. That in the event prior notices are for sixty days are served, grave prejudice shall be caused in as much as the nuisance complained off affect the public at large. 5. The present application is bonafide and is being made in the interest of justice. WHEREOF it is most respectfully prayed that this Hon'ble Court may be pleased to:- (a) Grant leave to the Plaintiffs/Applicants under Section 80 (2) of the CPC to maintain the accompanying suit without compliance with Section 80 (1) of the CPC 1908. (b)Pass such further and other orders as this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case. Coimbatore Plaintiffs/Applicants ___________________ Through, Advocate  In The Court of Sub Judge .kanpur Suit No……………/………………. ………………………………………………………………………………………Plaintiff                                        Versus …………………………………………………………………………………………Defendants  Affidavit in support of application under Section ______________________ of CPC I, __________________________, do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to ____ of the accompanying application are correct and true. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed here at Coimbatore this the ______ . Deponent  In The Court of Sub Judge;  KANPUR Suit No.;…………./………. MR………………………………………… resi………………………………………………..Plaintiff                                                  Versus MR………………………………………………resi……………………………..……………….Defendants  Application under Section 31 (1) & (2) of Code of Civil Procedure Respectfully ……………..  1. That the Plaintiffs/applicants have on this day filed the accompanying suit seeking the reliefs of declaration and injunction against the defendants. The plaintiffs/applicants crave leave to refer to the contents and averments contained in the plaint at the time of hearing and disposal of the present application, the contents whereof are not being reproduced herein for the sake of brevity and may be read as part of this application.  2. That the subject matter of the accompanying suit filed by the Plaintiffs/Applicants concerns various acts affecting public and such other and further acts which are public nuisance and likely to affect general members of the public. The accompanying suit is being filed by invoking the provisions of Section 91 of the CPC and the leave of the court has been sought as required under the said provisions by a separate application.. The plaintiffs/applicants submits that if the acts of omission ad commission being committed by the defendants are allowed to sustain and continue the public shall suffer grievous, irreparable harm, injury and loss.  3. ___________________________________ 4. That there exists a very plausible and sustainable cause of action in the facts and circumstance disclosed in the Plaint. That there exists a prima facie case in favour of the Plaintiffs and severe loss, harm and injury shall be caused if the reliefs prayed for herein are not granted. No prejudice shall be caused to the Defendants if the leave prayed for herein is granted. That in the event prior notices are for sixty days are served, grave prejudice shall be caused in as much as the nuisance complained off affect the public at large. 5. The present application is bonafide and is being made in the interest of justice. WHEREOF it is most respectfully prayed that this Hon'ble Court may be pleased to:- (a) Grant leave to the Plaintiffs/Applicants under Section 80 (2) of the CPC to maintain the accompanying suit without compliance with Section 80 (1) of the CPC 1908. (b) Pass such further and other orders as this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case. kanpur Plaintiffs/Applicants ______ _________________Through, Advocate  In The Court of Sub Judge  Suit No.;………../………. MR…………………………………………………resi………………………………………………….Plaintiff                                                                Versus MR…………………………………………………resi………………………….……………………..Defendants  Affidavit in support of application under Section ____________________ of CPC I, ___________________________, do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to ____ of the accompanying application are correct and true. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.  Affirmed here at KANPUR this the _________ .  Deponent

Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-) SUIT FOR MONEY PAYABLE TO THE PLAINTIFF ON ACCOUNTS STATED BETWEEN THEM Nature of grievance: Suit for money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them: For the recovery of money due on the basis of accounts stated between the parties – A Suit may be filed for the recovery of said money, within three years, from the date when the accounts are stated, in writing, which is signed by the opposite party or his agent duly Authorized in that behalf; or where the debt is agreed to be paid at a future time, by a simultaneous agreement in writing signed by the opposite party or his agent duly Authorized in that behalf, and when that time arrives, under Article 26 of the Indian Limitation Act, 1963. “Accounts stated” may take the form of mere acknowledgment in a letter by the opposite party. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendant be ordered and decreed to pay Rs.________, as per particulars of Claim, annexed to the Plaint (Exhibit “____”); b)     The Defendant be further ordered and decreed to pay interest on the Suit amount, @18% from the date of filing of Suit, till date of judgment; and further interest @18 / 12 / 6 % from the date of judgment till payment; c)     The Hon’ble Court be pleased to declare that ___________  (declaration, in the absence of which the rights of the Plaintiff may be frustrated); (as may be applicable to the facts of the case) (Please see the Note below) d)     The Defendant be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff; (as may be applicable to the facts of the case) (Please see the Note below) e)     The Defendant be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; (as may be applicable to the facts of the case) (Please see the Note below) Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased to Order – f)      The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the case) g)     The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendant to either (i) furnish security to produce any property belonging to him and to place the same at the disposal of the Court or (ii) order the attachment of his property, or, (iii) furnish the bank guarantee for the Suit amount or (iv) deposit the Suit amount in the Court; h)     The Hon’ble Court, in the due exercise of their powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, so as to carry out examination of Accounts of the Defendants for the years ______, and file Report before this Hon’ble Court; (as may be applicable to the facts of the case) (Please see the Note below) i)       The Hon’ble Court, in the due exercise of their powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a scientific, technical, or expert investigation; or to perform any other ministerial act; (as may be applicable to the facts of the case) (Please see the Note below) j)       Interim/ad-interim reliefs in terms of prayer clauses _______ as aforesaid. k)     Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Note: In Summary Suits, the Reliefs could only be in the nature of Money, i.e. the Principal sum and the interest, if any claimed, and no declaration or injunction of any nature could be asked for. In Summary Suits, even unliquidated compensation or damages cannot be claimed. However, if other Reliefs are also required to be sought, then, preferably, a leave of the Court under O.2 R.2 may be obtained to file a separate Suit for other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are not maintainable in every District Court, in such cases, a comprehensive Suit for all the Reliefs may be filed. Also, please take note of this whilst making averments in the body of Plaint. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that certain Accounts have been stated in writing between Plaintiffs and the Defendant: 2.      The facts showing that certain amounts were found to be payable by Defendant to the Plaintiffs under the said Accounts stated: 3.      The fact that the said Accounts have been signed by the Defendant or by his Agent duly Authorized in that behalf: 4.      Or: The facts showing that a letter, reflecting a statement of account between the Plaintiffs and the Defendant and further reflecting that an amount is due under the said accounts stated to be paid by the Defendant to the Plaintiffs, has been issued by the Plaintiffs to the Defendant; and the said letter was duly signed by the Defendant or by his Agent duly authorized in that behalf: 5.      (As may be applicable to the facts of the case) The facts showing that the amount which was found to be due under the said Account, was agreed to be paid at a future date, by an agreement in writing, which is signed by the Defendant or is signed by the Defendant’s Agent duly Authorized in that behalf: In Money Claim Suits, to claim interim relief, “of arrest of the Defendant to cause him to furnish security for his appearance, pending the disposal of the Suit”, any one of the facts must be shown to have exist – 1.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has absconded or left the local limits of the jurisdiction of the Court: or 2.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to abscond or leave the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof: or 4.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to leave India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree which may be passed against the defendant in the suit: In Money Claim Suits, to claim interim relief of “directing the Defendant to furnish security for certain sum of money, either by furnishing the bank guarantee or by depositing the said sum of money in the Court”, or to effect the conditional attachment of his immovable property, pending the disposal of the Suit”, any one of the facts must be shown to have existed. 1.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to dispose of the whole or any part of his property: or 2.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that the Defendants have admittedly committed default in making payment of debt; and the Defendants have not even bothered to respond to the legal notice of demands being issued by the Plaintiffs; and the Defendants have prima facie no defense to the demand made by the Plaintiffs; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. or 4.      Facts and circumstances showing that the Defendant has become incommunicable i.e. he is not available at the place where he regularly carries on business; and he doesn’t answers the phone calls, nor the Defendant makes any reply to the Notices which are being sent; and therefore there is a reasonable apprehension that the Defendant may dispose of the whole or any part of his property, to the serious prejudice of the Plaintiffs and other creditors of the Defendants: or 5.      Facts and circumstances showing that the Defendant in their letters and emails, in unambiguous terms have admitted the claim of the Plaintiffs; and / or the Defendants, vide their Letters / Emails dated _________ to the Plaintiffs, have stated that the Defendant is facing severe financial crunch; and therefore there is a reasonable apprehension that the Defendant may alienate, encumber, dispose or create third party rights in respect of their immovable properties, to the serious prejudice of the Plaintiffs and other creditors of the Defendant; and there may not be other properties which could have been made available for the purposes of satisfying the decree, if any, passed against the Defendants; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. If an interim Relief is asked for the appointment of Court Commissioner to carry out examination of Accounts of the Defendants, then, facts showing that such examination of Accounts is just and necessary for the complete disposal of the Suit. [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous.

Nature of grievance: Suit for the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant:  Where a person has wrongfully / illegally received any profits arising out of an immovable property, which were lawfully due to any other person – the said other person, may file a Suit for the said profits of immovable property, under Article 51 of the Limitation Act, 1963, within three years from the date when the profits are received by the first referred person. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendants be ordered and decreed to pay Rs.______ , as per the particulars of claim at Exhibit “_____”; b)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim Reliefs in respect of Suits involving Immovable property: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – c)     That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, so as to carry out local investigation of the Suit property described in the Schedule of properties being Exhibit “__” hereto, (for the purpose of elucidating any matter in dispute, with all the powers under of the Code of Civil Procedure, and file Report before this Hon’ble Court; d)     Interim/ad-interim reliefs in terms of prayer clauses ________ as aforesaid. e)     Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that Plaintiffs is entitled for the rents / profits arising from the Suit property; 2.      The facts showing that the Defendants have wrongfully / illegally received such rents / profits from the said Suit property:  [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. Any other factual averments, having regard to the nature of Reliefs claimed. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Download Word Document In English. (Rs.65/-) Download PDF Document In Marathi. (Rs.55/-) ( UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, READ WITH ORDER XXXVI, SUPREME COURT RULES.) Sec 25 of CPC 1908 states that on an application made by a party and after notice to the parties and after hearing them the Supreme Court may at any stage if satsfied that such a order is needed in the interest of justice may under this section order that any suit, appeal or any other proceeding be transferred from a High Court or other civil court in one state to High Court or other civil court in another state. IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION TRANSFER PETITION  (CIVIL) NO. _____ OF 2017 ( UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, READ WITH ORDER XXXVI, SUPREME COURT RULES.) IN THE MATTER OF: J ___________ S/o __________ R/O ________ VERSUS Union of India, Through its Secretary,Ministry of Defence,South Block,New Delhi-110001 Chief of Air Staff,Vayu Bhawan, New Delhi-110001. Air Officer Commanding –in-Chief Western Air Command, Subrato Park, New Delhi-110010 Group Captan A ______ Station Commander, Air Force Station Suratgarh. … RESPONDENTS … PETITIONER 2. 3. 4. 5.Presiding Officer Court Martial, Subrato Park,New Delhi. AND IN THE MATTER OF: TRANSFER OF CIVIL WRIT PETITION NO.727/2015 FILED BY THE PETITIONER AGAINST THE RESPONDENTS PENDING IN THE HIGH COURT OF DELHI AT NEW DELHI, TO THE HIGH COURT OF JUDICATURE AT ALLAHABAD. To    The Hon‟ble Chief Justice of India, And his Companion Justices of the Hon‟ble Supreme Court of India at New Delhi The above named petitioner respectfully, showeth as under: MOST RESPECTFULLY SHOWETH      1. That the petitioner is seeking Transfer of Civil Writ Petition No.727/2015 filed by the Petitioner against the respondents pending in the High Court of Delhi at New Delhi, to the High Court of Judicature of Allahabad, titled “JWO BP Misra Versus Union of India & Ors.”      2. BRIEF FACTS:      i. The Petitioner joined as Airmen in the Trade Flight Mechanic Air Frame and later after conversion course became Air Frame Fitter after passing the necessary examination and training. During the period petitioner also gained a promotion to the rank of Corporal, Sergeant and later Junior Warrant Officer – Class-II, a Gazetted post. The Petitioner was also awarded three good conduct badge Pay each after 4 year of Services for very good character and good proficiency in his trade. There was no whisper of any kind of misconduct while working at various places during 22 year of service as per the directions of the Respondents. The same is a matter of record and speaks in volumes about the Character and Trade proficiency of the petitioner.      ii. The Petitioner got his last rank after passing due examination and consideration of last Annual Confidential Report (ACRS) Significantly in the year 1998 the Petitioner was awarded in assessment 94 / 100 as exceptional which speaks about the high caliber of the Petitioner in his trade.     iii. The Petitioner was compelled to file a Redress of Grievances ROG against Respondent No.6 for non grant of leave and unwanted harassment in many ways i.e. sending on temporary duty assigning Secondary Duties, not granting of leave and denial of even monthly salary for four months which is a matter of record. The Petitioner has one son suffering with asthmatic problem and came on posting to present place as per the Medical advice of the authorities.     iv. The Petitioner was charge sheeted and later the same was dropped as he has complained about the grievances against his Squadron Technical Officer (STO) for illegal harassment.     v. The petitioner has to face the wrath of his previous Commanding Officer (C.O.) and Squadron Technical Officer (S.T.O.) by means of various methods of harassment which even adversely affected the health of his one son and even wife was got effected by Tuberculosis. The harassment of the respondents did not end there and hence continued which compelled the Petitioner to file a application for interview with the Station Commander but all in vain.     vi. The Petitioner applied for further extension of service after fulfilling all the conditions. The Petitioner was compelled to raise redressal of Grievances ROG against the Respondent No.6 Commanding Officer Wg. Cmr. Raj Shekhar. This further aggravated the attitude of the Commanding Officer and Squadron Technical Officer (STO).      vii. The petitioner has all the apprehensions of his life as such filed a FIR at the Police Station for seeking protection from the officials of the Respondents. The Security Officer of the Respondents gave undertaking before the Police on behalf of Respondents that no harm will be done to the Petitioner. After withdrawing the Complaint by the Petitioner, the Petitioner was immediately sent on temporary duty to Nalia in Gujarat due to irritation of complaint. The Petitioner had no alternative but to proceed as directed without being his turn. The harassment of the Petitioner continued at the behest of the Respondent No.6 Commanding Officer C.O. and his Subordinates. After strong and heavy earth quake in whole of the Gujarat in the morning the Petitioner was directed to go back to his Unit knowing fully well of non-availability of transport which was totally abandoned due to the earth quake, the same is matter of record. However the Petitioner has to beg for his food and somehow reached his unit to avoid wrath of the Respondents by way of disciplinary action for mis- conduct of not disobedience.      viii. The Petitioner aggrieved by such highhandedness of the Respondents filed an Appeal under 26 of Air Force Act for redressal of his grievances. The Petitioner gave a reminder for disposal of his appeal under Section 26 of the Air Force Act. The Appeal was rejected without speaking order with stereo type of order devoid of merits. The Petitioner filed application for permission to file Civil Case and for grant of leave. The same was not granted by the Respondents and even denied the acknowledgment of the receipt. Application for extension ofservice was rejected and ordered to be discharged.      ix. The Petitioner was posted out to Nalia with effect from 25.6.2014 at the behest of Respondents 5 and 6 knowing fully well that Petitioner is likely to be discharged from service with effect from May, 2015 and he is not to be disturbed in his last days of service as per the custom and usage of service.       x. The Petitioner applied for cancellation of his posting as Nalia is a wet place and sons is suffering from Asthma besides there is no education facilities beyond Class-XII which would effect the career and studies of the Children of the Petitioner. It is also a matter of record that Petitioner‟s wife is suffering from Tuberculosis and is under the treatment of the Respondent‟s Medical authorities. The Petitioners application was not even forwarded in time to the higher authorities.      xi. The Petitioner applied for leave but was not granted. The Petitioner was directed to clear the unit by way of clearance certificate and proceed on posting without disposal of leave application under Escort forcibly. There was direct threat from Commanding Officer C.O. and no assistance was provided by Police.      xii. The Petitioner again was under threat of his posting under escort and danger to his life at the hands of the Respondents. The Petitioner feeling apprehension of danger to his life as such came to Delhi to see higher authorities but all in vain. As such decided to file a Writ Petition before this Hon‟ble Court. As similarly one Sgt Pathak of 737 SU was killed in mysterious circumstances, petitioner has apprehension of raising Mental checking Form P-10 making/declaring a mental case. The Petitioner filed a Writ Petition for cancellation of his transfer posting. The Hon‟ble Vacation Judge directed to produce the transfer policy and adjourned the matter to 2.7.2014. On 2.7.2014, the Petitioner failed to procure the policy as such the matter was again adjourned to 4.7.2001. On 4.7.2014 the matter was again adjourned to 13.8.2014 as even the Respondents Lawyer failed to produce the transfer policy of the Respondent just to avoid the wrath of the Hon‟ble Court.      xiii. The Petitioner being relieved of his fear due to the interference of the Court, joined his duty at the then place of posting and informed and prayed for regularization of the leave. The Petitioner was charge sheeted for „Absent without leave‟ (AWOL) and disobedience order by not going on posting as directed to Nalia.      xiv. The charge sheet tried by Commanding Officer C.O. without jurisdiction in a discourteous manner asking the Petitioner to remove his Cap and Belt like Non- Commissioned Officer ignoring willfully the status and rank of the Petitioner who is junior warrant officer-Class-II Post, for which no such procedure is prescribed. The Ist Summary of evidence was ordered without application of Rule 24 of A.F. Rules, 1969 which prescribes principles of natural justice. The Petitioner prayed for loan from his Air force Public Provident (AFPP) fund to meet the legal expenses and the same was denied by the Respondents and the same is a matter of record.      xv. The Petitioner‟s posting was cancelled to avoid the wrath of this Hon‟ble Court. Accordingly Writ Petition No.3978/2014 was allowed by this Hon‟ble Court, however, without specifying the date of absence, Respondents got orders for disciplinary action against Petitioner. It is worth while to note that petitioner also come to Delhi to avoid death threat of Respondent No.4 and 6.       xvi. All Application under Section 26 of the Air Force Act, was rejected by Chief of Air Staff, Respondent No.2 without speaking order again in Stereo Type order devoid of merits, hence rejected. This is usual order in all such appeals u/s. 26 of Air Force Act, 1950 is matter of record. The Respondents themselves admitted the illegalities in the record of summary of evidence is also a matter of Record. The Petitioner again filed Appeal under Section 26 of the Air Force Act for redressal of his grievances as prescribed under the Act. The Petitioner was orally threatened to abstain from raising such applications.      xvii. The Petitioner was put under Close arrest without informing his family as even directed by the Hon‟ble Supreme Court in D.K. Basu‟s case, which curtails the liberty of the Petitioner in a illegal manner. The reasons are yet to be known. The Petitioner sought interview with the Station Commander which was granted later on 9.10.2001. The Station Commander instead of redressing of the grievance and consoling the Petitioner for his illegal close arrest, further threatened the Petitioner with a dire consequence and of further putting him under close arrest and threatened for Court Martial.      xviii. The Petitioners Summary of Evidence 2nd is completed in any illegal manner without providing him a copy of the previous Summary of Evidence which is mandatory to meet the requirements of principles of Natural Justice. The petitioner is now informed that he is likely to Court martialled by way of GCM. and since last 4 months the Petitioner is under constant threat of disciplinary action at the hands of the Respondents for no fault of his where as all officials under the Respondents have joined hands together to harass the Petitioner by all means and make example case for others. The Petitioners extension application is also rejected as the last Respondent has spoiled his ACR for the year 2003 and 2005 without any communication to the Petitioner or in a Counseling to the Petitioner as provided under the provisions of the Air Force Act. Hence Writ Petition No.727 of 2015 filed for initiation of appropriate enquiry and disciplinary action against the officials for illegal harassment of the Petitioner and for quashing of the ACRs 2003 & 2005 and subsequent order of discharge.      xix. Petitioner filed C.W.P. No. 6989 of 2014. In spite of several directions of the Hon‟ble Court, the Respondent did not filed the Counter – Affidavit in time and the same is now fixed for 11.2.2015. Respondents decided to conduct General Court Martial in retaliation to certain observations and queries by this Hon‟ble Court to explain the reason of close arrest in September, 2014. That no legal aid or defence Advocate was provided. All members were ignorant about law and worked at the tune of the Judge Advocate and all pleas of petitioner were disallowed in arbitrary manner. Preliminary objections were not taken by General Court Martial on record. The Petitioner approached Hon‟ble High Court of Delhi by way of Civil Misc. Application in which notice was issued. General Court Martial without adhering to law and provisions and principles of natural justice passed the order, “to be reduced to the rank of Cpl. From JWO (JCO) subject to confirmation.” The copy of the order was not given to the Petitioner to deprive him to approach this Hon‟ble Court. The Petitioner was released form open arrest which speaks in volumes about the high-handedness of the Respondents to deprive him of any legal aid or counseling by any one. Proceeding copy of General Court Martial were denied to the Petitioner by which denied the statutory right of Appeal u/s 161 (1) of Air Force Act. Even affidavit of defence witness was not taken on record. The Court orders dated 4.7.2014 and 13.8.2014 were not taken on record by the General Court Martial which were passed for illegal posting which actuated the absence of the Petitioner.      xx. The Petitioner was discharged. Pension stopped Regular threat to life is given as numerous incidents of elimination of Airmen who raise voice against commissioned officers. The Petitioner is in bad financial state and has no money to meet his day to day expenses. The petitioner has no means to incur heavy expenditure in travelling to Delhi for conduct of his case. The petitioner also feels that his life will be put to an end by the respondents. Fearing safety of his life the petitioner has moved his family bag and baggage to District Pratap Garh (U.P.). That the High Court of judicature at Allahabad are near to the place of residence of the petitioner and the petitioner feels that the writ Petition No. 727 of 2015 titled B.P. Mishra V/s U.O.I. be transferred to the High Court of Judicature at Allahabad as the petitioner has no trust and faith in the respondent and they can stoop to any level and the petitioner fears for his life. Hence the petitioner is seeking transfer of his case to the High Court at Allahabad.      3. This Transfer Petition is being filed by the Petitioner for transferring the Civil Writ Petition No.727/2015 filed by the Petitioner at the High Court of Delhi at New Delhi on amongst others the following grounds.      GROUNDS      I. Because the Petitioners have no trust and faith in the respondents as they are prejudiced and using influence and every other illegal method to defeat the petitioner. Thus the petitioner is seeking the transfer of the case from the High Court of Delhi at New Delhi to High Court of Judicature at Allahabad.      II. Because the petitioner have no trust and faith in Opposite party as they had in past acted with malice and making life threatening attempts and petitioner fears for his and of his family‟s life.      III. Because the petitioner is discharged from service and is not getting Pension and dues and petitioner is reduced in state of penury and is not in a position to conduct case in Delhi.      IV. Because on 31.5.2015 the Petitioner was discharged. His pension stopped and he received regular threat to life is given as numerous incidents of elimination of Airmen who raise voice against commissioned officers.      V. Because the Petitioner is in bad financial state and has no money to meet his day to day expenses. The petitioner has no means to incur heavy expenditure in travelling to Delhi for conduct of his case. The petitioner also feels that his life will be put to an end by the respondents. Fearing safety of his life the petitioner has moved his family bag and baggage to District Pratapgarh (U.P.). That the High Court of judicature at Allahabad are near to the place of residence of the petitioner and the petitioner feels that the writ Petition No. 727 of 2015 titled B.P. Mishra V/s U.O.I. be transferred to the High Court of Judicature at Allahabad as the petitioner has no trust and faith in the respondent and they can stoop to any level and the petitioner fears for his life.      VI. Because in the facts and circumstances stated above, it would be in the interest of justice that the said Civil Writ Petition No. 727/2002 filed by the petitioner against the respondents pending in the High court of Delhi at New Delhi be transferred to High Court of Judicature at Allahabad (U.P.). Even otherwise there is no likelihood of disposal of writ petition No. 727/2015 due to heavy back log of cases. The copy of the civil writ petition No.727 / 2015 is Annexure P-1.      4. That the petitioner has not filed any other similar transfer petition before this Hon‟ble Court so far in respect of this matter.                                               PRAYER      In view of the above facts and circumstances, it is respectfully submitted that this Hon‟ble Court may be pleased:      a) To pass order for transfer of the Civil Writ Petition No. 727/2015 filed by the Petitioner against the respondent titled “JWO BP Mishra Vs. Union of India” from High Court Delhi at New Delhi to the High Court of Judicature at Allahabad.      b) Any other and further order as may be deemed fit and proper may also be passed. DATE OF DRAWN _______________ DATE OF FILING NEW DELHI [NOTE : To be supported by an affidavit] ADVOCATE FOR THE PETITIONER

An Injunction Restraining Waste  In the Court of ...................................... KK………………….. ………………….. resi…… ................................................................ Plaintiff                                      against GM…………..…………………………. Resi………………… .................... Defendant KK…………..., the above-named plaintiff, states as follows:- 1. The plaintiff is the absolute owner of [describe the property]. 2. The defendant is in possession of the same under a lease from the plaintiff. 3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff. [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 claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises. [Pecuniary compensation may also be claimed.] 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.20/-) Download PDF Document In Marathi. (Rs.20/-)

SUIT FOR COMPENSATION FOR FAILURE IN EXERCISE OF POWERS Nature of grievance: Suit for compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends:  Where Govt. / Administrative / Statutory authorities refuses or fail to exercise powers / fail in discharge of duties obligated under the law, causing serious prejudice and pecuniary loss to any person, a Suit for damages / compensation may be filed against the concerned State Govt / Central Govt. for irregular exercise of powers / acts and omissions of Public authorities / Public officials / Private persons, allegedly in the pretence / pretext / colour of provisions of an enactment, or unlawful / illegal acts of omissions under Article 72 of Limitation Act, 1963, within one year from the date of alleged illegal act of omission. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     That the Defendants be ordered and decreed to pay Rs.______, as per the particulars of Claim, annexed to the Plaint at Exhibit “____”; b)     That the Defendants be further ordered and decreed to pay interest on the Suit amount, @12% from the date of filing of Suit, till date of judgment; and further interest @6% from the date of judgment till payment; c)     The Hon’ble Court be pleased to declare that ___________  (declaration, in the absence of which the rights of the Plaintiff is frustrated); d)     The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff. e)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – f)      That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a scientific, technical, or expert investigation; or to perform any other ministerial act. g)     Interim/ad-interim reliefs in terms of prayer clauses _____ as aforesaid. h)     Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The relevant law under which the powers should have been exercised: 2.      The existence of condition which warrants the exercise of powers: 3.      The representation, if any, made before the Defendant concerned Authority; and the substance of the said representation, and the reply received, if any: 4.      The facts showing that due to aforesaid failures, the Plaintiffs have suffered pecuniary and / or other losses: 5.      The facts showing that the Plaintiffs took all possible steps to mitigate / minimize the losses which has occasioned due to the aforesaid failures: 6.      That the Authority is not exercising the powers conferred upon them under the law; the very exercise, for which the powers are conferred whenever the occasion so arises for its due exercise; [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. If an interim Relief is asked for the appointment of Court Commissioner, to hold a scientific, technical, or expert investigation; or to conduct sale of property, etc. then facts showing that such investigation, etc. is just and necessary for the complete disposal of the Suit. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

SUIT WHEN THE LENDER HAS GIVEN A CHEQUE FOR THE MONEY Nature of grievance: Suit alike of Article 19, when the lender has given a cheque for the money: Where money is lent by way of cheque – A Suit may be filed for the recovery of money lent, within 3 years from the date when the cheque was paid, under Article 20 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendant be ordered and decreed to pay Rs._______, as per particulars of Claim, annexed to the Plaint (Exhibit “____”); b)     The Defendant be further ordered and decreed to pay interest on the Suit amount, @18% from the date of filing of Suit, till date of judgment; and further interest @18 / 12 / 6 % from the date of judgment till payment; c)     The Defendant be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; (as may be applicable to the facts of the case) (Please see the Note below) Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased to Order – d)     The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the case) e)     The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendant to either (i) furnish security to produce any property belonging to him and to place the same at the disposal of the Court or (ii) order the attachment of his property, or, (iii) furnish the bank guarantee for the Suit amount or (iv) deposit the Suit amount in the Court; f)      Interim/ad-interim reliefs in terms of prayer clauses _______ as aforesaid. g)     Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Note: In Summary Suits, the Reliefs could only be in the nature of Money, i.e. the Principal sum and the interest, if any claimed, and no declaration or injunction of any nature could be asked for. In Summary Suits, even unliquidated compensation or damages cannot be claimed. However, if other Reliefs are also required to be sought, then, preferably, a leave of the Court under O.2 R.2 may be obtained to file a separate Suit for other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are not maintainable in every District Court, in such cases, a comprehensive Suit for all the Reliefs may be filed. Also, please take note of this whilst making averments in the body of Plaint. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that Plaintiffs have lent money to the Defendant by cheque: 2.      The fact that Defendant did not repaid: In Money Claim Suits, to claim interim relief, “of arrest of the Defendant to cause him to furnish security for his appearance, pending the disposal of the Suit”, any one of the facts must be shown to have exist – 1.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has absconded or left the local limits of the jurisdiction of the Court: or 2.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to abscond or leave the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof: or 4.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to leave India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree which may be passed against the defendant in the suit: In Money Claim Suits, to claim interim relief of “directing the Defendant to furnish security for certain sum of money, either by furnishing the bank guarantee or by depositing the said sum of money in the Court”, or to effect the conditional attachment of his immovable property, pending the disposal of the Suit”, any one of the facts must be shown to have existed. 1.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to dispose of the whole or any part of his property: or 2.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that the Defendants have admittedly committed default in making payment of debt; and the Defendants have not even bothered to respond to the legal notice of demands being issued by the Plaintiffs; and the Defendants have prima facie no defense to the demand made by the Plaintiffs; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. or 4.      Facts and circumstances showing that the Defendant has become incommunicable i.e. he is not available at the place where he regularly carries on business; and he doesn’t answers the phone calls, nor the Defendant makes any reply to the Notices which are being sent; and therefore there is a reasonable apprehension that the Defendant may dispose of the whole or any part of his property, to the serious prejudice of the Plaintiffs and other creditors of the Defendants: or 5.      Facts and circumstances showing that the Defendant in their letters and emails, in unambiguous terms have admitted the claim of the Plaintiffs; and / or the Defendants, vide their Letters / Emails dated _________ to the Plaintiffs, have stated that the Defendant is facing severe financial crunch; and therefore there is a reasonable apprehension that the Defendant may alienate, encumber, dispose or create third party rights in respect of their immovable properties, to the serious prejudice of the Plaintiffs and other creditors of the Defendant; and there may not be other properties which could have been made available for the purposes of satisfying the decree, if any, passed against the Defendants; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-)

SUIT FOR COMPENSATION FOR TRESPASS UPON IMMOVABLE PROPERTY Nature of grievance: Suit for compensation for trespass upon immovable property:  Where a person has committed a trespass upon an immovable property – A Suit may be filed for the compensation, within three years from the date of the trespass, under Article 87 of the Indian Limitation Act, 1963. As long as the person remains in the unlawful occupation of the property, a fresh cause of action arises every day on his said unlawful occupation. The period of three years, which is contemplated herein, starts when the trespass actually ceases, by the operation of law or otherwise. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendant be ordered and decreed to pay Rs.______, as per the particulars of Claim annexed to the Plaint at Exhibit “___”; a)     The Defendant be further ordered and decreed to pay interest on the said compensation amount @12% from the date of filing of Suit, till date of judgment; and further interest @6% from the date of judgment till payment; b)     That the defendant be permanently injuncted / restrained from interfering with the rights of the Plaintiffs; c)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim Reliefs in respect of Suits involving Immovable property: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – d)     The Defendants be ordered and decreed to pay mesne profits, and for that purpose, the Hon’ble Court be pleased to appoint Court Commissioner or any other fit person, to inquire about the mesne profits which the defendants might have received by and from the use of the Suit property, from the date of the occupation of the Suit property till the date of cessation of trespass; e)     Interim/ad-interim reliefs in terms of prayer clauses _____ as aforesaid. f)      Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that the Plaintiffs is / was fully entitled to and have / had full right, title and interest in respect of the Suit property set out at Exhibit “___” to the Plaint: 2.      The facts showing that the Defendant, by using physical force or otherwise illegally, had dispossessed the Plaintiffs from the Suit property, and occupied the Suit property: 3.      The facts showing that the Defendant had no right / title / interest of whatsoever nature in the Suit property, so as to remain in the occupation of the Suit property: 4.      The fact showing that trespass has ceased by operation of law or otherwise: [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. If mesne profits is claimed pending the final disposal of the Suit, and an interim Relief is asked for the appointment of Court Commissioner to carry out local investigation of the Suit property, then facts showing that such investigation, etc. is just and necessary to ascertain mesne profits. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Suit for Declaration and in the Consequential Relief of Permanent Injunction Format Suit for Declaration and in the Consequential Relief of Permanent Injunction Format In the court of ______ In the Matter of: ____ VERSUS _____ SUIT FOR DECLARATION AND IN THE Consequential RELIEF OF PERMANENT INJUNCTION APPLICATION UNDER SECTION ____ FOR STAYING THE SUIT Sir, The applicant/defendant most respectfully submits as under: –1- That the above noted case is pending before this Hon’ble court and fixed for today for notice. 2- That the plaintiff sold the plot/ house comprised in ____, admeasuring ___ total measuring Sq. yards to the applicant/defendant vide sale Deed bearing its document No. __ dated ____ registered in the office of ____. The photocopy of the sale Deed is enclosed herewith.3- That the applicant/defendant has filed a Suit for Possession in the consequential relief of Permanent injunction titled as “____ VERSUS ____” in the court of ____, Civil Judge, ____ which is now fixed for ____ for consideration. The Hon’ble court has granted stay in favour of the applicant/defendant and against the plaintiff (defendant in that suit) vide order dated ____. The plaintiff has filed the written statement in that suit.4- That now the plaintiff intentionally and deliberately to misguide this Hon’ble court has filed. The present suit has been filed by the plaintiff against the defendant with due diligence and full knowledge that the defendant has already filed the suit for possession and permanent Injunction against the plaintiff. In previously instituted case the both parties are similar. The plaintiff has filed the present suit on the same subject matter, same suit property, same title, on the same facts, same grounds hence the suit of the plaintiff is not maintainable and is liable to be dismissed with costs under section __ of CPC. It is, therefore, prayed that the above noted suit which has been filed by plaintiff against applicant/defendant may kindly be stayed and may be dismissed with special costs Under section ____ of CPC in the interest of justice. Dated Applicant/Defendant____ S/o ____R/o____ THROUGH COUNSEL_____ Advocate, _____ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)