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Civil suit for permanent prohibitory injunction...  IN THE COURT OF CIVIL JUDGE AT …………… In Civil Suit No.: ______ of ………… …………………………………………………………………Plaintiff  Versus …………………………………………………………………Defendants  Civil suit for permanent prohibitory injunction for restraining the defendants from interfering in any manner whatsoever particularly ________________________ situated over No. __________No. ______________________ more particularly depicted in rough plan of the sight and photograph excepting in accordance with Law. Respectfully Sheweth:  1. That the plaintiff is resident of ______  2. That the plaintiff is presently working as _______ with the department.  3. That in the month of ____________ the state of ___________ has orally granted the suit land in favour of the plaintiff and allowed the plaintiff to raise construction for his residential house over the same. The plaintiff has spent major portion of his hard earned money for the construction of the said shed house situated over --------------------------------------- No. after getting the ……………………..……..constructed over the suit land by the plaintiff the state government/ department has also recognized the legal possessor status of the plaintiff over the suit land. The plaintiff has also been given …………………..……… from ………………..…………..department and he has also got his ………… on the same address. The name of the plaintiff and other persons of his family members are also figuring in the ………………………………..of the said ward.  4. That till.......................................... nobody has objected to and raised any objection regarding the raising of construction of the house of the plaintiff over the said and the plaintiff lived there peacefully, openly and to the very constant of the owner of the property. The possession of the plaintiff is long standing a one and the same has not been disputed/ disturbed by any one till date. 5. That no show cause notice of any proceedings for the eviction of the plaintiff from the land and from the house raised by the plaintiff over the same has ever been initiated. 6. That on ______ some of the officials from ______ department came on the spot and threatened to dispossess the plaintiff from the suit land and also threatened to dismantle the house/shed of the plaintiff without any legal orders that too illegally and wrongly. As no order of eviction has been passed against the plaintiff till date by any competent authority/Court as such plaintiff has got prima facie a very good case in his favour since he is in possession of land for the last more than _____ years. The balance of convenience is also in favour of the plaintiff and against the dependent and in case the suit of the plaintiff is not decreed the plaintiff will suffer irreparable loss and injury which can't be compensated in terms of money, rather it will lead to multiplicity of litigation between the parties and the plaintiff will come on roads as he has no other residential house except the present one. 7. That there are as many as ________________________ residential house constructed by some other people over the adjoining land of the present plaintiff which is also owned by _______ government/department. That till date no show cause notice has been issued to them nor any proceedings for eviction has been started/initiated against them in the competent Court of law. The wrongful all illegal dispossession/dismantling the house of the plaintiff is arbitrary, malafide, illegal and even discriminatory.  8. Jurisdiction. 9. Cause of action. 10. Limitation. 11. Valuation. ……………… Plaintiff _________ ______  Through, Advocate  Download Word Document In English. (Rs.30/-)

Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) SUIT TO DECLARE THE FORGERY OF AN INSTRUMENT ISSUED OR REGISTERED Nature of grievance: Suit to declare the forgery of an instrument issued or registered: ‘;’ Where any instrument which is issued or which is Registered, and which is alleged to have been forged – A Suit may be filed for the declaration, that the said instrument which is issued or Registered, is forged, within 3 years from the date, when the issuance or Registration of the concerned forged instrument becomes known to the person concerned, under Article 56 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     That the Suit Instrument at Exhibit “____” be declared forged; b)     That, all rights and liabilities, privileges or obligations, flowing from Suit Instrument be declared to cease to have effect; c)     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. d)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim 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 – e)     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. 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. 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 there is an Instrument, which records therein some rights, liabilities or obligations of any persons, including those of Plaintiffs and Defendants: 2.      The said instrument, if it is a Registered instrument, the factum of its Registration, and the date when the Plaintiffs becomes aware of said Registration: 3.      The facts alleging that the concerned instrument is a forged instrument, and name of the persons who alleged to have forged the said Instrument: 4.      The facts suggesting as to when the Plaintiffs becomes aware of alleged forgery: 5.      The facts suggesting as to when the alleged forged Instrument came into legal existence (if it is not a Regd. Instrument): 6.      The facts showing that alleged forgery seriously prejudices the rights of the Plaintiffs: So as to claim Relief in the nature of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the Suit property, or to prevent dispossession of the plaintiff, or otherwise to prevent causing injury to the plaintiff in relation to the Suit property, and to seek appointment of the Receiver upon the Suit property, the applicable facts must be shown to exist, that is – 7.      Facts and circumstances showing that the (i) Suit property is in danger of being wasted, damaged or alienated by the Defendant; or that (ii) the Suit property is wrongfully being sold in execution of a decree; or that (iii) the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors; or that (iv) the defendant threatens to dispossess the plaintiff or (v) the defendant otherwise would cause injury to the plaintiff in relation to the 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.

On an Award  In the Court of ...................................... KK……………………………………………………. resi) …………………...................... Plaintiff  against GM………………………………………………….. resi………………. ........................ Defendant KK………………..., the above-named, plaintiff, states as follows:- 1. On the ........... day of……….... /........... , the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price often barrels of oil which the defendant refused to pay], agreed in writing to submit the difference to the arbitration of E.F. and G.H. and the original document is annexed hereto. 2. On the ……...... day of……..... /……... , the arbitrators awarded that the defendant should [pay the plaintiff... rupees]. 3. The defendant has not paid the money. [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., and Relief 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 ………………………. this ______. Plaintiff  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Wrongful Dismissal  In the Court of ...................................... kk………………………………………………… resi …………………………..................... Plaintiff  against gm………………………………………….. resi……………………………… .................... Defendant kk……………………………………………………………………..…………., the above-named plaintiff, states as follows:- 1. On the ............. day of …........ /…….... , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an ………………………………………………………………….. or as the case may be], and that the defendant should employ the plaintiff as such for the term of [..……………... year] and pay him for his services …………………………………………………………………………………………….... Rupees [monthly]. 2. On the …………..... day of...................... /………….. .. , the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. 3. On the ............. day of............... /…………………... , the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services. [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., and Relief 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   AGRA   this ______.  Plaintiff  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

नंबर 15 गलत या त्रुटिपूर्ण निष्कासन (शीर्षक) 1 ए.बी., उपरोक्त नामित वादी, निम्नानुसार कहते हैं:- 1. ............ के दिन ......... 19....... को, वादी और प्रतिवादी ने परस्पर सहमति व्यक्त की कि वादी को प्रतिवादी की सेवा [एक लेखाकार, या के रूप में करनी चाहिए] फोरमैन की क्षमता, या जैसा भी मामला हो], और प्रतिवादी को वादी को [एक वर्ष] की अवधि के लिए नियोजित करना चाहिए और उसे उसकी सेवाओं के लिए भुगतान करना चाहिए .... रुपये [मासिक]। 2............. के दिन ......... 19..... को, वादी ने प्रतिवादी की सेवा में प्रवेश किया और तब से, और अब भी, तैयार और इच्छुक है उक्त वर्ष के शेष भाग के दौरान ऐसी सेवा में बने रहने के लिए जिसका प्रतिवादी को हमेशा नोटिस मिला हो। 3. ............ के दिन ............... को, प्रतिवादी ने वादी को गलत तरीके से छुट्टी दे दी, और उसे पूर्वोक्त के रूप में सेवा करने की अनुमति देने से इनकार कर दिया, या उसे उसके लिए भुगतान करने से इनकार कर दिया। सेवाएं। [जैसा कि फॉर्म नंबर 1 के पैरा 4 और 5 में है और राहत का दावा किया गया है।] Download PDF Document In Hindi. (Rs.15/-)

No.42 Administration by Specific Legatee                           In the Court of          ...................................... KK……………………………………………………… resi…… ...................... Plaintiff  against GM………………………………………………………… resi .................... Defendant Respectfully KM…………, late of...... , died on or about the ...... day of ...... . By his last will, dated the ...... day of...... he appointed….. GM…………., his executor, and bequeathed to the plaintiff [here state the specific legacy]. For paragraph 4 substitute- The defendant is in possession of the movable property of……. KM…………., and, amongst other things, of the said [here name the subject of the specific bequest]. For the Commencement of paragraph 7 substitute- The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest], or that, etc. 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 KALYAN this ______.  Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) SUIT FOR COMPENSATION BREACH OF CONTRACT Nature of grievance: Suit for compensation for the breach of any contract, express or implied, not herein specially provided for:  Where a party to the contract commits breach of the material terms of the contract – A Suit may be filed for compensation, within 3 years from the date when the breach is committed; or when there are successive breaches, 3 years to be calculated from the date of the concerned breach; or where the breach is continuing, three years are to be calculated when the breach ceases, under Article 55 of the Indian Limitation Act, 1963. 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 particulars of claim, annexed to the Plaint (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 94 and O.38 of CPC, 1908, Direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; (as may be applicable to the facts of the case) 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 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 facts showing that a contract has entered into between the Plaintiffs and the Defendant: 2.      The facts that, by virtue of said contract, the Defendant was obliged to discharge certain obligations: 3.      The facts showing that the Defendant has failed to discharge the obligations under the contract: 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 of the Defendant: [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. 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 – 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 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 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 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 of 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. 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 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 Facts and circumstances showing that the Defendants have admittedly committed default; 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 in view of the facts that all the properties of the Defendants are already mortgaged / encumbered, there are no 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. or 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 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.

Appeal to the High Court  IN THE HIGH COURT OF…………………… AT……………………  CIVIL APPELLATE JURISDICTION  REGULAR CIVIL APPEAL NO……………………  OF IN THE MATTER OF:  A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act and having its registered office…………………… …Appellant  Versus  M/s…………………… a partnership concern (or XYZ company Ltd., a company incorporated under the Companies Act and having its registered office at……………………) …Respondents May it please the Hon'ble Chief Justice of the High Court of…………………… and his Lordship's companion Justices, The appellant-company MOST RESPECTFULLY SHOWETH:  1. That the appellant herein is a company duly registered under the provisions of the Companies Act and the registered office of the appellant is at…………………… and the company is engaged in the business of manufacturing……………………  2. That the respondents who are also doing business of selling goods manufactured by the appellants and other manufacturers approached the appellant for purchasing from the appellant company the aforesaid manufactured goods. An agreement was reached between the parties which was reducing into writing. The appellant supplied goods worth Rs. 15 lacs over a period of…………………… months to the respondents. A statement of account regarding the goods so supplied is annexed hereto and marked as ANNEXURE A-1.  3. That the respondents have made a total payment of Rs. 6 lacs on different dates. The statement of the said payments made by the respondents is appended and is marked as ANNEXURE A-2.  4. That the remaining amount has not been paid by the respondent despite repeated demands and issuance of a legal notice by the appellant through advocate.  5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs together with interest at the rate of 12% per annum and the cost of the suit. The suit was filed on…………………… in the court of the learned District Judge.  6. That upon being summoned by the said court the respondents appeared through counsel and filed their written statement to which appellant-plaintiff also filed replication (rejoinder).  7. That the parties led evidence. After hearing the counsel for the parties the learned District Judge has by his judgement and decree passed on…………………… dismissed the appellant's suit on the ground that the evidence led by the parties does not establish the claim of the appellantplaintiff. Copies of the judgement and decree of the court below are annexed hereto and are marked as ANNEXURE A-3 AND A-4, respectively. Aggrieved by the aforesaid judgement and decree of the court below dismissing the suit of the plaintiff this appeal is hereby filed on the following, amongst other,  GROUNDS  A. That the judgement and decree under appeal are erroneous both on facts as well as law.  B. That the learned trial court has failed to properly appreciate the evidence, and has fallen into error in not finding that the preponderance of probability was in favour of the plaintiffappellant.  C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit and the defendant-respondent has failed to effectively rebut the plaintiff's evidence, more particularly the documentary evidence.  D. ……………………  E. ……………………  F. ……………………  8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at Rs…………………… and the requisite court fee in the form of stamps is appended to this memorandum of appeal. 9. That this appeal is being filed within the prescribed period of limitation, the judgement and decree under appeal having been passed on………………… In the above facts and circumstances the appellant prays that this appeal be allowed, the judgement and decree under appeal be set aside and the decree prayed for by the appellant in his suit before the court below be passed together with up-to-date interest and costs of both courts.  APPELLANT  VERIFICATION  Verified at…………………… on this,  the…………………… day of…………………, 20…. That the contents of the above appeal are correct to the best of my knowledge and belief……………………  APPELLANT THROUGH (……………………) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Application under order 39 Rule 1 and 2  IN THE COURT OF __________________________ Application No:_______________________ of 2018 ……………………………………………………………………………………Applicant                                         Versus …………………………………………………………………………………..Respondent  Application under order 39 Rule 1 and 2 of the Civil Procedure Code Respectfully Sheweth:  1. That the applicant/plaintiff has filed a case before this honorable court hearing where of will take some time.  2. That it is apparent from perusal of grounds and documents attached therewith that the applicant has prima facie a very good case in his favour and the case is likely to succeeds. The balance of convenience is in favour of the applicant. The grounds of the case may be read as part of this application to save the repetition. 3. That the interest of justice demands that the respondent is restrained from _________________________. In case the respondents are not restraining that the applicant will suffer irreparable loss and injury which cannot be compensated in terms of money and filing of this case will become infructuous.  4. It is therefore most respectfully prayed that the respondents be restrained from ___________ in the interest of justice. Such other orders he also passed in favour of the applicant as deemed fit in facts and circumstances of the case.  KALYAN         Applicant  ______ Through, Advocate  In the Court of -6- Application No:_____________________ of …………………………….. …………………………………………………………..                                    Versus …………………………………………………………..Respondent  Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. 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 are true and correct to the best of my knowledge. 3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therewith. Affirmed at KALYAN this ____.  Deponent  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Download Word Document In English. (Rs.70/-) SUIT PERMANENT INJUNCTION  IN THE COURT OF CIVIL JUDGE AT …………………….. Civil Suit No.;…………../…………… Mr/,MRS………………………………………………………………………………………………………Plaintiff  Versus Mr/…MRS…………………………………………………………………………………………………..Defendants  Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in ---------- --------------- No. _____, ---------------- No. _____________________ measuring ______________- situated at ___________________________ restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorized construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised or raised during the tendency of this suit on the set-back area of the suit land owned by the defendant _____and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1.  Respectfully Sheweth:  1. That the plaintiff is owner in possession of land comprising in ------- --------------- No. _____ -------------- No. _____, ------------------ No. _____, ------------------ No. _____ measuring ______ ----------------situated at ________ as per the ------------------ for the year ______. ______The plaintiff has a building raised on the above land duly sanctioned by the appropriate authority. 2. That the defendant is owner of the land comprised in -------------- --------------- No. ________._____....- No. ______ situated at _______ as per the ----------------- for the year _______. 3. That the defendant No. 1 during the month of has started raising further construction in as much as without leaving any set-backs as prescribed by the law and further encroached upon the land of the plaintiff by projecting the ---------- towards the land of the plaintiff and thus obstructing light, air and sun to the building of the plaintiff besides causing nuisance to the plaintiff and his tenants, thereby depriving the plaintiff of his Easementry rights of light, air and sun, which rights were being enjoyed by the plaintiff and his predecessor-in-interest from time immemorial peacefully, openly and hostile to the very knowledge of the defendant or other persons living in the vicinity. The said rights of Easementry have now been infringed by the defendant in the month of ____ by raising the construction in haphazard manner in as much as the defendant ______  4. That the cause of action accrued to the plaintiff on ______  5. 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 of the defendant is located in the territory of this Hon'ble Court, hence this court has each and every jurisdiction to try and entertain this suit. ______ 6. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. 200/- and for the purposes of declaration and correct and authorized court fee stamp of Rs. ________________ has been affixed on the plaint.  7. That no suit has been instituted against the defendants on the same or similar cause of action in any other court including High Court and Supreme Court of India. 8. It is, therefore, most respectfully prayed that a decree for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in ---------- ----------------- No. _____, --------------------- No. _____ measuring _____ ----------------- situated in _____ restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorized construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised on the set-back area of the suit land owned by the defendant and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1, be passed in favour of plaintiff and against the defendants with costs of the suit. 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. Verified at …………… this the _______.  Plaintiff  IN THE COURT OF CIVIL JUDGE AT  …………….. Civil Suit No;…………../…………….. ……………………………………………………………………………………..Plaintiff  Versus ………………………………………………………………………………………….Defendant  Affidavit I, __________________________, do hereby solemnly affirm and declare as under:- 1.______________________________ That the accompanying plaint has been drafted under my instructions. For the sake of brevity, the contents of plaint are not being reproduced hereunder in this affidavit. However, the contents of the plaint may kindly be read as part and parcel of this affidavit. 2. That the contents of paras 1 to ______ of the plaint are correct and true to the best of my knowledge and paras _________ to ________________ are believed to be correct being legal advise given by the counsel. 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 therein. Affirmed here at ………………… this ______. Deponent  IN THE COURT OF CIVIL JUDGE AT …………….. Application No;…………………../……… ………………………………………………………………………………………….Applicant  Versus …………………………………………………………………………………………….Respondent Application under order 39 Rule 1 and 2 of the Civil Procedure Code for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in -------------- ------------- No. ________, ----------------- No. measuring _____ ---------------- situated at _______ restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorized construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised on the set-back area of the suit land owned by the defendant and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1. Respectfully Sheweth: 1. That the applicant/plaintiff has filed a case before this Hon'ble Court hearing where of will take some time. 2. That it is apparent from perusal of grounds and documents attached therewith that the applicant has prima facie a very good case in his favour and the case is likely to succeeds. The balance of convenience is in favour of the applicant. The grounds of the case may be read as part of this application to save the repetition. 3. That the interest of justice demands that the respondent is restrained from . In case the respondents are not restrain that the applicant will suffer irreparable loss and injury which cannot be compensated in terms of money and filing of this case will become infructuous. 4. It is therefore most respectfully prayed that the respondents be restrained from _____ in the interest of justice. Such other orders he also passed in favour of the applicant as deemed fit in facts and circumstances of the case. ………………………………. Applicant _____ …………….., Advocate  IN THE COURT OF CIVIL JUDGE AT ……………………………. Application No: of  / ………………….…………………………………………………………………….Applicant  Versus ………………………………………………………………………………………..Respondent  Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. 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 are true and correct to the best of my knowledge. 3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therewith. Affirmed at ……………………… this ______ Deponent  IN THE COURT OF CIVIL JUDGE AT …………………….. ……………….……………V/s……………………………. Suit : for Declaration 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 Defendant/ Respondent. Through, Advocate Process Fee  IN THE COURT OF CIVIL JUDGE AT ………………………… ________ Versus ________ Claim : for Declaration 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 ______ copies in case No.;…………./………… in Re. ________ Vs ________ Signature of the Head Notice Writer  Under Order 7 Rule 13 [1] C.P.C. List of Documents Filed By Plaintiff/Defendant IN THE COURT OF CIVIL JUDGE AT ………………………………………………………………. V/s……………………………………..Date of Hearing: __________ Suit for : for Permanent Prohibitory Injunction 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 Date:……………… Counsel………………… for Plaintiff/Defendant List of Documents Relied Upon  Under Order 7 Rule 14 CPC Filed by :_______ IN THE COURT OF CIVIL JUDGE AT  ……………………........................ …………………………………………….V/S…………………………………  Suit : for Permanent Prohibitory Injunction 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 you wish to rely upon any ……………….……………, later on other documents, if so in from the custody whose possession they are and of the defendants. what are those documents. Counsel for  Dated : ______ …………..

Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/) SUIT BY A SURETY AGAINST THE PRINCIPAL DEBTOR Nature of grievance: Suit by a surety against the principal debtor: Where a person A becomes a guarantor for the debts of B and thereafter lawfully pays to the creditor – A Suit may be filed for the recovery of said money against B, within 3 years from the date when the debts were discharged by the person A, under Article 42 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendant No.1 be ordered and decreed to pay Rs._______, as per particulars of Claim, annexed to the Plaint (Exhibit “____”); b)     The Defendant No.1 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)      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) 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. 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 gave an unequivocal / clear guarantee towards any debt / sum, to be paid by Defendant No.1 towards Defendant No.2: 2.      The facts showing that Plaintiffs lawfully pays the said debt of Defendant No.1, to Defendant No.2, and in accordance with the terms of the guarantee: 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 hold a scientific, technical, or expert investigation; etc. then facts showing that such investigation, etc. is just and necessary for the complete disposal of the Suit. [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.

Redemption  In the Court of ...................................... KK…………………………………………… resi………………… ......................... Plaintiff  against GM……………………………………………. Resi……………….. .................... Defendant KK………………………………….……..., the above-named plaintiff, states as follows:- 1. The plaintiff is mortgagor of lands of which the defendant is mortgagee. 2. The following are the particulars of the mortgage:- (a) (Date); (b) (Names of mortgagor and mortgagee); (c) (Sum secured); (d) (Rate of interest); (e) (Property subject to mortgage); (f) (If the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims). (……………………………………………………………………………….) 3. The defendant has taken possession [……………………………..] of the mortgaged property. [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.] .4 The plaintiff claims to redeem the said property and to have the same reconveyed to him [and to have possession thereof], 1[together with mesne profits]. Dated : Plaintiff / Defendant 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.  Affirmedat …………………………… this ______. Plaintiff /   Defendant  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)