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- SUIT FOR DECLARATION
SUIT FOR DECLARATION In the court of Hon’ble Civil Judge, Senior Division, __________ _____________ Vs. ___________ SUIT FOR DECLARATION AffidavitI, __________ son of Late Shri ____________ R/o ____________________ do hereby solemnly affirm and declare as under: -1- That the deponent is owner and in possession of a Plot comprised in ______________ No. ______________, _____________, admeasuring ’x ’ total measuring Marlas i.e. _ Sq. yards which is situated within the _______________________. 2- That the defendant is the real brother of deponent and the parties to the suit constitute a Joint ___________ family and are governed by _______ law.3- That as a matter of fact the property, which is mentioned in Para No.1 of the plaint, was purchased by the defendant vide Sale Deed bearing its document No. ______ dated _____________ registered in the office of __________________. The copy of the Sale Deed is enclosed herewith the plaint. 4- That on ______________ a family settlement took place between the deponent and the defendant vide which the defendant relinquished all his rights, title and interest in the suit property in favour of the deponent and he put the deponent into the actual and physical possession of the suit property mentioned in Para No.1 of the plaint and since then the deponent is owner and in possession of the suit property which is mentioned in Para No.1 of the plaint.5- That now the defendant with a malafide intention is not admitting the family settlement and he is not admitting the claim of the deponent in respect of the suit property for which the defendant has got no right, title and interest to do so.6- That the deponent asked the defendant several times to see reason and to admit the claim of the deponent in respect of the suit property which is mentioned in Para No.1 of the plaint. First of all the defendant was avoiding to the requests of the deponent on one pretext or the other and finally on ______________ the defendant refused to admit the claim of the plaintiff.7- That the cause of action to file the present suit firstly accrued on ______________ when the family settlement took place between the deponent and the defendant and it further accrued on each and every date when the deponent requested the defendant to admit the claim of the plaintiff. The cause of action finally arose on _____________ when the defendant finally refused to admit the claim of the plaintiff. Hence _______________ is the final date of cause of action accrued in favour of the plaintiff. Hence this suit. DEPONENT VERIFICATION : Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein. Verified at __________ on ___________DEPONENT Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- Application for furnishing security for payment of fine under Section 424, Cr.P.C.
Application for furnishing security for payment of fine under Section 424, Cr.P.C. BEFORE THE HON'BLE COURT OF………………….. Criminal Application No. ………………… of ………. (Under Section 424 of Cr.P.C.) On behalf of the complaint………………………………………………… In Case No. ………………. of 20…….. (Under Section ………………… I.P.C./Cr.P.C.) District……………… State ……………………………….. Versus Sri…………………….. S/o……………….. R/o…………………… P.S. ………………. District ………………. ...................... … Accused To The Hon'ble Judge of the aforesaid Court. The humble accused most humbly showeth as under: 1. That the Hon'ble Court was pleased to convict the accused and direct the payment of fine of Rs. ……………… vide its order dated …………… in the aforesaid case. 2. That the accused is a poor person, having no money with him nor even in a position to raise money in a short periods. Thus accused is not in a position to make payment of the amount of fine even within a short period. 3. That the accused owns landed property which he intends to sell in order to raise the amount of fine. PRAYER It is, therefore, most respectfully prayed that the Hon'ble Court may be pleased to allow the accused two months time to pay the fine and in the meantime to furnish the security for the said amount of fine to the satisfaction of the Court. Date………. Advocate for the Accused Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- In the High Court of Judicature at
In the High Court of Judicature at………. Constitution of India Article 226 AB (add description and resident) Petitioner Versus (1) C D (add description and residence) (2) E F, Chairman of the Municipal Board of at………. at ………. (3) State of ………., through Secretary, Local Self-Government ………. Petition for a writ of quo warranto and other direction or order The petitioner above named states as under: 1. That the Respondent NO.1 was nominated on ……….by the Respondent No.2 under Section ……….of………...Municipalities Acton the occurring of a vacancy in the Municipal Board of ……….in respect of a seat to which a member had to be nominated. 2. That the respondent No. 1 was a candidate at the previous (19 ……….) general election of this Municipal Board and had failed in getting elected. 3. That under the proviso to Section ………. of………. Multiple Actr.19 ……….a person who had stood as a candidate at the previous general election and had not been elected could not be nominated to the Board. 4. That the respondent NO.1 was in contravention of the provisos of law and his membership of the Board is, therefore, invalid. 5. That the petitioner is a resident within the Municipality of……….and is a voter at No ……….in Ward No. ………. of the said Municipality. 6. In the circumstances, it is prayed that a writ of quo warrant to be issued declaring that the nomination of respondent No. 1 is not entitled to hold the office of a member thereof and directing him not to exercise or use the rights, liberties and privileges in respect of the office of the member of the Municipal Board of………. N. B. - An Affidavit in support of the petition is filed herewith. AB, Petitioner Advocate, For the petitioner Dated ……….………. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- FORM OF APPEAL
FORM OF APPEAL In the High court of ……………………………… Regular first Civil Appeal No ……………………………… Name and particulars of party ………………………………Appellant/ Defendant Vs Name and particulars of party ………………………………Respondent / plaintiff Appeal under section 96 of C.P.C. against judgment and decree passed by Civil Judge ……….On dt………. in suit No ………. The appellant most respectfully sheweth that. 1. The respondent had filed the suit No ……….in the court of civil judge ………. against the appellant for the ………. 2. The learned judge heard the said suit and passed a decree of ……….against the appellant ……….on dt………. 3. The appellant being aggrieved by the said decree and judgment prefers this appeal on the following amongst other grounds. i. That the learned judge erred in holding, ii. That the learned judge erred in the evidence of the appellant (defendant) and his witnesses. iii. That the decision of the learned judge is against the rule 50, of evidence in the case, and the learned judge ought to have dismissed the plaintiff's suit. iv. That the decision of the trial Court is against justice, equity and good conscience and hence not sustainable. 4. The appellant has not filed any other appeal prior to this in the Hon'ble court. 5. The appellant, therefore, submits that the Hon'ble court be pleased to send for the records of the suit from the trial court and set aside the decree and the judgment of the trial court. Dated ………. Advocated for the applicant Place ………. *** Before drafting a memorandum of appeal one must carefully study the judgment, the issues and the findings arrived thereon because a clue to the grounds may be got from them, Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Suit for Ejectment and Arrears of Rent
Suit for Ejectment and Arrears of Rent In the Court of Small Cause, ………….. Suit No. ……. Of ….. (Space for Court-fee Stamp) AB S/o CD Age….. Resident of ………… Plaintiff Versus PQ S/o RS Age….. Resident Of ………… Defendant Suit for Ejectment, Arrears of Rent and Mesne Profits The above-named plaintiff states as follows: - 1. That the plaintiff is the owner of the house no. ……. Situated at ……… and bounded as below: - Boundaries of the Houses 2. That under verbal agreement made on ….. 20 ….. the defendant became a monthly tenant to the plaintiff in respect to the house described in paragraph I above at the rent of Rupees ………. Per month and has been in occupation of the said house as such tenant since the above mentioned date of the agreement. 3. That the defendant has not paid the rent from June 1, 20.. or any part thereof. 4. That the plaintiff duly determined the said tenancy by serving on the defendant, by registered post on October 1, 20.. a notice to quit the said house within thirty days of the receipt of the notice and pay the entire arrears f rent from June 1, 20… That the said notice was served upon the defendant on October 7, 20.. yet the defendant has not vacated the house, nor has he paid the said arrears of rent or any part thereof. Hence the defendant is liable to Ejectment under section 20 of the U.P. Act No. XIII of 1971. 5. That now a total sum of Rupees ….. is due to the plaintiff as against the defendant, that is Rupees ……….. on account of arrears of rent from June 1, 20.. to November 7, 20.. , and Rupees ……. On account of damages for use and occupation from November 8, 20.., to 20.., the date of filing the suit. 6. That the cause of action for the said arose on November 8, 20.., when the period stipulated in the said notice expired. 7. That the defendant resides at …. within the jurisdiction of the court. 8. That the valuation of the suit for purpose of jurisdiction and payment of court-fee is Rupees …….. , has been paid. Wherefore the plaintiff claims – a) That the decree for Ejectment of the defendant from the house described in paragraph 1 above be passed in favour of the plaintiff. b) That the decree of Rupees on account of arrears of rent from June 1, 20.. to November 7, 20.. be passed in favour of the plaintiff. c) That a decree for Rupees …. On account of damages for use and occupation at the rate of Rupees …… per month from June 1, 20.. , to November 7, 20.. , the date of suit, be passed in favour of the plaintiff as against the defendant. d) That a decree for further damages for use and occupation at the aforesaid rate till the Ejectment of the defendant be passed in favour of the plaintiff as against the defendant on payment of additional courtfee. e) That cost of the suit be allowed to the plaintiff. …….. AB Date: …….. Plaintiff Through Advocate Verification I, AB, he aforesaid, plaintiff, do hereby verify the contents of paragraphs …… and …….. of the above plaint are true to my personal knowledge nd the contents of the paragraphs ………. And ……., I believe to be true on information received. Signed and verified this …… day of . 20.. ….., at …… AB Plaintif Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX
APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI IA NO. ___________OF 20… IN SUIT NO. ___________OF 20... IN THE MATTER OF: Sh. Om Veer Singh, S/o ____________ R/o …… VERSUS 1. Dr. U. Basu S/o _____________________, R/o ….. 2. Sh. Tapan Kumar, S/o _________________, R/O…. DEFENDANTS/RESPONDENTS PLAINTIFF/APPLICANT APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before this Hon‟ble Court. 2. That the contents of the accompanying suit for permanent injunction may kindly be read as a part and parcel of this application which are not repeated here for the sake of brevity. 3. That the plaintiff/applicant has got a prima-facie case in his favour and there is likelihood of success in the present case. 4. That in case the defendants are not restrained by means of ad-interim injunction for dispossessing the plaintiff from the above said premises no. _________ Uttam Nagar, New Delhi and from interfering in physical peaceful possession of the above said premises, the plaintiff shall suffer irrepairable loss and injury and the suit shall become anfractuous and would lead to multiplicity of the cases. 5. That the balance of convenience lies in favour of the plaintiff and against the defendants. PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :- a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants, agents and their representatives from interfering into the peaceful physical possession of the plaintiff in the above said premises and from dispossessing the applicant/plaintiff from the same. b) pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case. Plaintiff /Applicant Place: Date: Through Advocate [NOTE : This Application has to be supported by an affidavit]. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
FORM NO. 40 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH ( See Section 366) To, The Officer in charge of the Jail at................................................. Whereas at the Session held before me on the .............. day of......................20.............. (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No...................... of the Calendar for 20....................at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section....................... of the Indian Penal Code, and sentenced to death, subject to the confirmation of the said sentence by the...................... Court of ; This is to authorise and require you to receive the said (prisoner’s name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court. Dated, this ............................. day of ..................., 20... (Signature) (Seal of the Court) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE
Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) (SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908) IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI SUIT NO ……………. OF 20.. (SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908) IN THE MATTER OF: M/s ABC Pvt. Ltd. A Company Incorporated Under The Companies Act, Having Its Registered Office At New Delhi. Through its Director Shri…………………… ……….. PLAINTIFF VERSUS M/s XYZ Ltd. A Company Incprporated Under The Companies Act. Having Its Registered Office At Delhi Through its Director Shri…………………… …….. DEFENDANT SUIT FOR RECOVERY OF RS. 4,19,200/-(Four lakh nineteen thousand two hundred Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Plaintiff is a Company constituted under the Companies Act having its registered office at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director or the Plaintiff-company, is a duly constituted attorney of the Plaintiff-company and is authorized and competent to sign and verify the plaint, vakalatnama etc. and to institute this suit on behalf of the Plaintiff. 2. That the Plaintiff-company inter-alia carry on the business of construction, engineering and designing. The Plaintiffs are builders of international repute and have earned a big name in their business. 3. That the Defendant is a Company incorporated under the Companies Act having their registered office at Chandigarh. However, the Administrative office of the Defendant is situated at Delhi i.e. within the jurisdiction of this Hon‟ble Court. 4. That the Defendant approached the Plaintiff for construction of a building for their paper mill at Chandigarh some time in the year 2000 whereupon the Plaintiff constructed the building and handed over the possession of the same to the Defendant sometime in December, 2013. 5. That the on 4th April, 2014, the Plaintiff raised the final bill for Rs. 4,19,200/- on the Defendant on account of the aforesaid construction of their paper mill at Chandigarh against which the Defendant handed over cheque No. 213456 dated 18.4.2014 for Rs. 4,19,200/- drawn on Punjab National Bank, Shahdara, Delhi to the Plaintiff, which was dishonoured upon presentation. 6. That the Plaintiff immediately informed the Defendant about the dishonour of the said cheque and called upon the Defendant to make the payment of the said amount along with interest @ 18% per annum. However, the Defendant failed to pay the same to the Plaintiff despite repeated requests and reminders. th 7. That the Plaintiff therefore finally issued a legal notice dated 6 April, 2015 to the Defendant calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with interest at the rate of 18% per annum w.e.f. 4-4-2014 upto the date of payment. However, no payment has been made by the Defendant despite the said notice. 8. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @ 18% per annum from the date on the Plaintiff‟s bill. The Plaintiff is however, claiming interest form 18-4-2014 upto the date of filing of this suit @ 18% per annum. 9. That the cause of action in favour of the Plaintiff and against the Defendant first arose in 2000 when the Plaintiff was approached by the Defendant for construction of their paper mill. It further arose in December, 2013 when the said building was completed and handed over to the Defendant and on 4th April, 2014 when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the Defendant. The cause of action arose on all dates when the Plaintiff called upon the Defendant to make the payment and the later failed to comply with it. The cause of action is still subsisting as the Defendant has failed to pay the outstanding amount despite repeated oral and written requests and reminders from the Plaintiff. 10. The suit is within the period of limitation. 11. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the cause of action arose at Delhi. The contract for construction of the paper mill was entered at Delhi, all the payments upto this date have been made at Delhi and the payment of the outstanding amount was also to be made at Delhi. The Administrative Office of the Defendant is situated at Delhi where they carry on the work for their gain. 12. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which court fee of Rs. ___________is paid. 13. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief has been claimed which does not fall within the ambit of Order XXXVII. PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :- (a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest @ 18% per annum from 18.4.2014 upto the date of filing the suit in favour of the Plaintiff and against the Defendant; award pendentlite and future interest at the rate of 18% per annum on the above stated amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest @ 18% per annum from 18.4.2014 upto the date of filing the suit in favour of the Plaintiff and against the Defendant; award cost of the suit in favour of the Plaintiff and against the Defendant; and pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case. Plaintiff Place: Date: VERIFICATION: Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to 8 of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras 9 to 13 are true on information received and believed to be true and last para is the humble prayer to this Hon‟ble Court. Plaintiff Through Advocate (b) (c) (d) [NOTE : The above plaint must be supported by an Affidavit]
- SUIT FOR COMPENSATION FOR MALICIOUS EXERCISE OF POWERS
Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) SUIT FOR COMPENSATION FOR MALICIOUS 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 the Govt. / Administrative / Statutory authorities exercises powers with ulterior motives, or without complying with the requirements of law, 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 and omissions under Article 72 of Limitation Act, 1963, within one year from the date of alleged illegal act or omission. 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._____, being the compensation, as per the particulars of Claim, annexed to the Plaint at Exhibit “____”; b) That the Defendants be further be 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) That the defendants be permanently injuncted / restrained from acting contrary to law; d) The Hon’ble Court be pleased to declare that ___________ (declaration, in the absence of which the rights of the Plaintiff is frustrated); e) 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. f) 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 – g) 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 conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; or to perform any other ministerial act. h) Interim/ad-interim reliefs in terms of prayer clauses _____ as aforesaid. i) 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 law under which the powers were exercised: 2. The purport and mandate of aforesaid law: 3. The condition precedent, which the law lays down, before the exercise of such powers: 4. The absence of such conditions in the instant case: 5. The procedure which is contemplated under the law, before the exercise of such powers: 6. The procedure which is followed in the instant case at hand: 7. The materials, if any, which were placed on record, before powers were exercised at the prejudice of the Petitioner: 8. The representation, if any, made before the Defendant concerned Authority; and the substance of the said representation, and the reply received, if any: 9. Demonstrate that the Defendant concerned Authority has completely misread / misunderstood the express mandate of law / law declared in HC / SC Rulings. 10. The facts showing that due to aforesaid exercise of powers, the Plaintiffs have suffered pecuniary and / or other losses: 11. The facts showing that the Plaintiffs took all possible steps to mitigate / minimize the losses which has occasioned due to the aforesaid failures: Other facts, as may be applicable to the facts of the case, are – 1. That, the said exercise of powers is without any legal basis, 2. That, powers were exercised without complying to essential requirements of provisions of law, under which the powers were exercised; 3. That, powers were exercised without following the procedure established under the law; 4. That, powers were exercised without any material on record, warranting exercise of such action; 5. That, whereas the impugned action has caused serious prejudice to the Petitioner’s business interests, the powers were exercised without affording an opportunity of hearing to the Petitioner; (Legitimate expectation) 6. That there is complete misreading / misunderstanding of the express mandate of law / law declared in HC / SC Rulings. [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.
- MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT
FORM NO. 39 MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT ( See Section 349) To , ( name and designation of officer of Court ) Whereas ( name and description ), being summoned ( or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question ( or certain questions) put to him touching the said alleged offence and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for ( term of detention adjudged ) ; This is to authorise and require you to take the said ( name ) into custody, and him safely to keep in your custody for the period of............ days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this ............................. day of ..................., 20... ( Signature ) ( Seal of the Court ) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- Application for execution of decree under order XXI Rule 11
Application for execution of decree under order XXI Rule 11 (2) of Civil Procedure Code: In the court of ………… Execution Application No. ………… Name and Particulars of Party ………………………………………… Applicant/Decree holder Versus Name and Particulars of Party ……………………………………………………judgement debtor Application for execution of decree under order XXI Rule 11 (2) of Civil Procedure Code: 1. The decree holder …………………… is a …………………… Prays for execution of decree, the particulars where of are states in the tabular column here under: 1. Suit No. 2. Name of the parties Plaintiff Vs. Defendant 3. Date of decree 4. Whether any appeal preferred form decree No. 5. Payment or adjustment made, if any, None 6. Previous application if any with date and result None 7. Amount with interest due upon the decree or other relief granted thereby together with particular of any cross-decree. Rs. ………… principal (interest at % per annum, From the date of decree till Payment). 8. Amount of cost, if any, awarded. As awarded in decree Rs. ………… Subsequently incurred Rs …………………… Total ……………………………… 9. Against whom to be executed Agains the defedant …………………… 10. Mode in which the assistance of the court is required it is humbly prayed by the decree holder That the total amount of Rs ……………… Along with interest ……………… Till the full realization along with the cost Of the suit and the cost of taking out this Execution, be realized by attachment and sale of defendant's Immovable property and Bank accounts specified at the foot of this application and paid to decree holder. I……………………………… S/o ………………R/o…………………………Declare that what is stated above is true to the best of my knowledge and belief. Dated ……………… day of ……………… 2009. Sd/- Decree Holder Description and specification of property to be attached & sold I, the decree holder humbly pray that the following bank accounts, movable and immovable properties ………………listed below owned by ………………be attached, sold and the decretal amount to be realised. (i) ……………… ……………… (ii) ……………… ……………… (iii) ……………… ……………… (iv) ……………… ……………… I ………………………………the decree holder declare that what is stated above is true to the best of my knowledge and belief and so far as I have been able to ascertain the interest of the therein specified. Place ……………… Date……………… Limitation: By Art. 136 of the limitation Act 1963, the period provided for execution of decree is twelve years from date on which it becomes enforceable. If an appeal has been preferred, the decree becomes enforceable after dismissal of the same. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- Interpleader
Interpleader In the Court of ...................................... KK…………………………………………… resi….. ...................... Plaintiff against GM…………………………………………. Resi……………….. .................... Defendant KK……………..., the above-named plaintiff, states as follows:- 1. Before the date of the claims hereinafter mentioned RR…………. deposited with the plaintiff [describe the property] for [……………………………]. 2. The defendant GM. claims the same [under an alleged assignment thereof to him from RR.]. 3. The defendant……………... also claims the same [under an order of ……….. transferring the same to him.] 4. The plaintiff is ignorant of the respective rights of the defendants. 5. He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct. 6. The suit is not brought by collusion with either of the defendants. [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.] 7. The plaintiff claims- (1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto; (2) that they be required to interplead together concerning their claims to the said property. (3) that some person be authorised to receive the said property pending such litigation;] (4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto. 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 …………………………. this ______. Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)





