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  • Affidavit to be filed with Interlocutory Application seeking security under Rule 3

    Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/) Affidavit to be filed with Interlocutory Application seeking security under Rule 3(6)(b) in a Summary Suit Under Order xxxvii of Code of Civil Procedure. As per Order xxxvii Rule 3 (6) (b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith. Sample Format of Affidavit for Intervention Application in a Suit is given below:  IN THE COURT OF THE _____________ JUDGE AT _________ INTERLOCUTORY APPLICATION NO_____ OF 20___ IN ORIGINAL SUIT NO _______ OF 20__ MR ______________                                        APPLICANT / PLAINTIFF VS MR _______________                                        RESPONDENTS / DEFENDANTS AFFIDAVIT I, _______________ Son of _______________ aged _________ years, Resident of  _________________________, do solemnly affirm and say as follows: 1. The I am the Accounts Manager and authorised signatory of the petitioner in the application and the plaintiff in the suit referred to above. The deponent is fully conversant with the facts and circumstances of the case and stands competent to swear to this affidavit on behalf of the petitioner. The deponent will be referred to as the petitioner hereinafter. 2. The suit is filed for recovery of an amount of Rs______  with future interest from the counter-petitioner who owes the money to the petitioner. The amount is due against sale of Generator sets made to the Defendant and the cheque issued by him, which was returned with reason of not having sufficient fund in the Accounts. Copy of cheque issued by the Defendant in favour of the petitioner, is produced alongwith the plaint as Ex-1. 3. Inspite of repeated requests made by the petitioner, the Defendant did not care to effect payment or settle the account, which necessitated the filing of the suit. 4. Before filing the suit, the petitioner had sent a legal notice to the Defendant through its lawyer Mr ______________ and reply containing false and frivolous contentions was sent by the Defendant, without remitting the amount. At the same time, he started taking steps for disposing of the stock of Computers in his business premises at the address given above with a view to siphoning off the sale proceeds into his private and concealed coffers for screening it from creditors like the petitioner. His attempt is to remove those goods, dispose of the same and then start a business in the name of his son thereby effectively defeating a creditor like the petitioner. The petitioner has come to know of the said threatened plans of the counter-petitioner yesterday when he made discrete enquiries through his agent, from dependable sources. 5. For the various reasons mentioned in the plaint, the suit is likely to be decreed in favour of the petitioner in terms of the plaint. If pending disposal of the same, the Defendant is allowed to do the threatened act, it will cause irreparable loss, injury and hardship to the petitioner, incapable of being remedied by way of damages. Moreover, the Defendant does not have any other property or assets, movable or immovable, in his ownership or possession. The petitioner will be left high and dry, if the threatened acts are allowed to go unchecked. Therefore, Defendant has to be restrained from doing so. 6. It is, therefore, just and necessary that this Hon'ble Court within a time to be stipulated by this Hon'ble Court, issue notice as to why he should not be asked to furnish security for an amount of Rs ______ necessary for satisfying the decree that is likely to be passed against him in the present suit, or the scheduled properties to be attached and removed to the premises of this Court and, in the meantime, to order interim attachment and removal to this Hon'ble Court's custody of the movable items belonging to the Defendant and detailed in the schedule attached as prayed for in the accompanying application. DEPONENT VERIFICATION I, _______________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______ DEPONENT Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__ . COUNSEL FOR THE DEPONENT   Order XXXVII Rule 3 of Code of Civil Procedure 1908 Rule 3 Order XXXVII "Procedure for the appearance of defendant" (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an a address for service of notices on him.(2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to be served on the defendant, shall be deemed to have been duly served on him if they are left at the address given by him for such service.(3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff's pleader, or, if tile plaintiff sues in person, to the plaintiff himself, either by. notice delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff, as the case may be.(4) if the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.(5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just:Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous vexatious:Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court.(6) At the hearing of such summons for judgment,-(a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or(b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith.(7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.

  • Specific Performance

    Specific Performance In the Court of ...................................... KK……………………………………………………………….resi……… ...................... Plaintiff  against GM…………………………….……………………………….resi………….) .................... Defendant KK., the above-named plaintiff, states as follows:- 1. By an agreement dated the ………….... day of…………… ...... and signed by the defendant, he contracted to buy of [or sell to] the plaintiff certain immovable property therein described and referred to, for the sum of.......................... rupees. 2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so. 3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice. [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 that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a transfer and possession of the said property] and to pay the costs of the suit. 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. Affirmed at …………………………. this ______. Plaintiff / Defendant  Download Word Document In English. (Rs.30/-)

  • Format of Suit of Declaration of Land

    Format of Suit of Declaration of Land IN THE COURT OF HON’BLE _____ IN THE MATTER OF _____ S/o, W/o _____ …..PLAINTIFFS   VERSUS _____ S/o, W/o _____ …..DEFENDANTS   We, _____ S/o, W/o _____ and  _____ S/o, W/o _____ residents of _____, do hereby solemnly affirm and declare as under :-1(a) That the plaintiff No.1 is owner in possession of portion of plot measuring _____ Sq. Yards forming part of _____, which is situated in _____.1(b) That the plaintiff No.2 is owner in possession of portion of plot measuring _____ Sq. Yards forming part of _____, which is situated in _____.2- That the plaintiff No.1 is the _____ of the defendant NO.1 and the plaintiff NO.2 is the _____ of the defendant NO.2 and the parties to the suit constitute a _____ and co-related and blood related to each other with the principle of _____.3- That as a matter of record the defendant No.1 to 2 are the joint co-owners and in possession to the extent of _____ share out of the total land measuring _____ Sq. Yards which was jointly purchased by the defendants vide sale Deed bearing its document No. _____ dated _____ registered in the office of _____. The photocopy of the sale deed is enclosed herewith the plaint.4- That on _____ a family settlement arrived at between the plaintiffs and the defendants in which the defendant NO.1 relinquished the land measuring _____ Sq. Yards out of the land measuring _____ Sq. Yards in favour of the plaintiff No.1, the defendant No.2 also relinquished the land measuring _____ Sq. Yards out of the land measuring _____ Sq. Yards in favour of the plaintiff No.2 and since then the plaintiffs are owners in possession of the suit properties which are mentioned in Para No.1 (a) to 1(b) of the plaint.5- That now the defendants are not admitting the claim of the plaintiffs in respect of the suit properties and they are not admitting the family settlement for which the defendants have got no right, title and interest to do so.6- That the plaintiffs requested the defendants several times to admit the claim of the plaintiffs in respect of the suit properties and to get the _____ records corrected in the name of the plaintiffs. First of all the defendants were avoiding to the legitimate requests of the plaintiffs on one pretext or the other and finally on _____ they refused to accept to the legitimate requests of the plaintiffs.7- That the cause of action to file the present suit firstly arose on _____ when the family settlement took place and it further arose on each and every dates when the plaintiffs requested the defendants to admit the claim of the plaintiffs in respect of the suit properties and the cause of action finally arose on _____ when the defendants finally refused to accept to the legitimate request of the plaintiffs. Hence this suit. DEPONENTS                                    VERIFICATION Verified that the contents of our above affidavit are true and correct to best of our knowledge and belief and nothing has been concealed therein. Verified at _____ on _____ DEPONENTS Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Money Overpaid

    Money Overpaid  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 agreed to buy and the defendant agreed to sell.... ……………………………………...... annals per ……………….. 2. The plaintiff procured the said bars to be assayed by……. KM………….., who was paid by the defendant for such assay, and ….KM……. declared each of the bars to contain……… ………………………………………………., and the plaintiff accordingly paid the defendant... rupees. 3. Each of the said bars contained only …………………………, of which fact the plaintiff was ignorant when he made the payment. 4. The defendant has not repaid the sum so overpaid. [Facts showing when the cause of action arose and that the Court has jurisdiction. 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 / 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.  Affirmed at KALYAN… this ______.  Plaintiff / Defendant  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

  • Goods Sold at a Reasonable Price and Delivered.1

    Goods Sold at a Reasonable Price and Delivered.1  In the Court of ………………………...................................... KK……………………………………….. resi………….. ...................... Plaintiff                                                 against GM………………………………………….resi………………………............Defendant KK……………………………………………………., the above-named plaintiff, states as follows:-  1. On the ……........ day of……....... / ……….. , plaintiff sold and delivered to the defendant {sundry articles of house-furniture], but no express agreement was made as to the price. 2. The goods were reasonably worth .... 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/-)

  • Verification of Pleading

    Verification of Pleading:   Order VI Rule 15, states every pleading shall be verified at the foot by the by any  of the parties pleading or by some other person proved to the satisfaction of the court to ainted with the facts  of the case. The person verifying shall specify, by reference to the numbered paragraphs of the pleading  what he verifies of his own knowledge and what he verified upon on received and believed to be true. The  verification shall be signed by the person making it and te the date on which and the place at which it was  signed. The aim of verification is only to fix :msibility of the statements made in the pleading upon same one  before the cant proceeds to adjudicate upon them.   Aperson making a false verification is liable to be punished under the Indian Penal Code, as making a false  statement is by itself an offence. Therefore the responsibility of verifications is very great and its  significance and the consequences thereof must be realized.   After the signature to the pleading some space may be left out and them verification should begin.   Verification:  I…….. (Name), son of Shri................... (Father's name) verify that the contents of paragraphs alone to  …………… Of the above plaint are true within my personal knowledge and that the contents of paras  ……….. (mention the paras by their number in the pleading) are believed to be correct upon information  received and believed to be true.   Verified at ……….(Place) on this ………….. (Date) day of month/years.   Sd/- (Party)  st below the name of the court, a space should left for the number of the suit.   Therefore the names of the parties to the suit with all necessary particulars should be given. For ex.:   AS s/o CD aged…………yrs.   Resident of.............................................. plaintiff   Versus   MN, s/o OPaged ……….Yrs.   Resident of …………………. Defendant   If there are more plaintiff or defendant than the names of all plaintiffs/and defendant should be given in  plaint as plaintiff No. 1/defendant NO.1 and so on.   After the names of the parties the title of the suit should be given for ex. "suit for specific performance  and damages".   Or   "Suit for Recovery of money"   Or   "Suit for damages for malicious prosecution"   Or   "Petition for Judicial Separation 4/s 9 of the Hindu Marriage Act 1955"   Then follows the body of the suit/plaint all paragraphs should be numbered consecutively. The body of the  plant consists of two parts (1) substantive part (2) formal part.   (1) Substantive parts of the plaint consist of the portion of the plaint in which a statement of all facts  constituting the cause of action for the suit has to be stated. Those facts shall consist of such particulars as  are necessary to state to obtain "the relied in the suit. The plaintiff seeking relief for district claims or causes  of action founded upon separate and district grounds shall state all of them distinctly and separately as far  as possible.   (2) Formal part of the plaint shall state the following essential particulars:   (i) date when the cause of action arose,  (ii) Statement showing that the court has jurisdiction;   (iii) Statement of the value of the suit for the purpose of jurisdiction and court fees and it  should be stated that the necessary count fee has been affixed/paid.   (iv) When a suit is filed after the expiry the period of limitation a statement showing the ground or  grounds on which he has claimed exemption from limitation.   (v) Every relief sought for by the plaintiff should be accurately worded. The plaintiff can claim  more then one relief, in the suit. He can seek reliefs alternatively. If the plaintiff can seek  more than one relief on the same cause of action he must seek all. If he omits to seek a relief in the suit his subsequent suit for such relief omitted would be barred under order 2. Rule 2  CPC unless he has obtained leave in the earlier suit to file a fresh suit on the said relief  omitted.   Signature of the plaintiff along with the signature of the advocate.   At the foot of the pleading, the plaintiff should /or anyone else, who is acquainted with the facts of the case,  should make verification.   Affidavit should also be enclosed with plaint as provided under CPC order 6 Rule 15 (4).   All documents on which the plaintiff relies for his claim should be enclosed with a separate Iist of documents  according to order 7 Rule 14 (1) CPC 1908.   Name, Description and place of Residence of parties in plaint and written statement when the  plaintiff or defendant is:   1) Individual person - AB, son of………….. Resi of…………..  2) Proprietary concern -AB, song …………. Resi. of ………….proprietor of MIs XYZ and carrying on  business at ………….   3) Partnership firm - MIs XYZ, a partnership firm registered under the Indian partnership Act. with its  principal place of business at ………….  4) A company - MIs XYZ, Pvt. Ltd. A company incorporated under the companies Act having its  registered officiate………….   5) Company in Liquidation - MIs XYZ Ltd. In liquidation through liquidator Mr. ABC having office at  ………….  6) Statutory Corporation - The life insurance corporation of India established and constituted under  the life Insurance Act, having its registered office at ………….  7) Municipality – Municipal corporation of Delhi through its chairman, town hall, delhi. 8) Minor - AB, son of …………., a minor through his father and natural guardian CD son of ………….  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

  • Obstructing a Right of Way

    Obstructing a Right of Way  In the Court of ...................................... KK……………………………………………………………. Resi.. ……………...................... Plaintiff  against GM…………………………………………….……………..resi………………………....................Defendant . KK……………………………………..., the above-named plaintiff, states as follows:- 1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of...... ]. 2. He was entitled to a right of way from the [………………………..….] over a certain field to a public highway and back again from the highway over the field to the house, for himself and his servants […………………………………………] at all times of the year. 3. On the ……........ day of…………..../………………... , defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with ………………………………………..] along the way [and has ever since wrongfully obstructed the same]. 4. (State special damage, if any.) [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 KALYAN this ______. Plaintiff  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Goods Made at Defendant

    Goods Made at Defendant's Request, and not Accepted  In the Court of ...................................... KK…………………………….. ……………… resi. .............................. Plaintiff against KM………………………………………….resi………………. ....................Defendant KK……………………………………………………………..……….., the above-named plaintiff, states as follows:- 1. On the …………………....... day of................. /…………….... , KM……………..….. agreed with the plaintiff that the plaintiff should make for him [….BEDS……………………….] and that KM……………………... should pay for the goods on delivery........................................ Rupees. 2. The plaintiff made the goods, and on the……........ day of …………........ /………..... , offered to deliver them to KM……………………………..…., and has ever since been ready and willing so to do. 3. KM…………………………………….. has not accepted the goods or paid for them. [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  MURBAD  this ______.  Plaintiff  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Format of a Plaint claiming compensation for Defamantion

    Format of a Plaint claiming compensation for Defamantion   Important points to remember- Format of all Civil suits are pretty much the same. They are governed by Order VI (Pleading) and Order VII (Plaint) CPC. Please see this for theory part.Suit for compensation for things like Defamation, Malicious Prosecution can be filed in the court as determined by Section 19 and 20 of CPC. In the Court of Civil Judge Class - I at Indore Suit No. ………… / 20…….A. B. s/o B. C.123, M G Road, Delhi                          .........................................  Plaintiff Vs. M. N. s/o O. P.456, M G Road, Delhi                            .........................................  Respondent Plaint under Order 7 Rule 1 for Compensation for DefamationThe plaintiff respectfully states as follows : - Brief Description of the case:(1) The respondent publicly accused the plaintiff of selling watered down milk, which has caused immense harm to the reputation of the plaintiff. The present suit is meant for compensation for the harm done to the plaintiff's reputation. Matters of Inducement:(2) Plaintiff is a milk man and sells milk in many colonies of Indore including MG Road, AB Nagar.(3) Respondent is the president of an informal residents association of MG Road. Facts constituting cause of action:(4) In a residents association meeting held on 10/10/2015, the respondent publicly accused the plaintiff of selling milk mixed with water. A tape record of the respondent making the accusation is attached with this petition.(5) The said speech made by the respondent was heard by hundrends of residents of MG Road, where the plaintiff sells goods.(6)  The said speech has caused the plaintiff a lot of embarrament and loss of business.(7) The plaintiff denies that he sells watered milk and claims that the statement made by the respondent was completely baseless....Jurisdiction:(10) The meeting where the defamatory statement was made by the respondent happened in Indore, which is under this court's jurisdiction.(11) The plaintiff claims, on account of the loss of business as well as mental agony, an amount of 40,000/- which is under this court's jurisdiction. Relief Claimed: (12)  The plaintiff prays that the court be pleased to order the respondent to pay sum of Rs 4,00,000 on account of the loss of business because of his baseless and false speech.  The plaintiff further prays that the respondent be ordered to pay compensation for mental harassment and cost of this litigation. Place: ………………….                                                                            (Signature of the plaintiff)Date: …………………..                                                                                                                                                                                                     Advocate for Plaintiff Verification   I, ______, do hereby verify that the contents from paras 1 to 12 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 Delhi this 4th Day of September 2015. (Signature) Plaintiff  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Obstructing a Highway

    Obstructing a Highway  In the Court of ...................................... KK……………………………………………………….. resi…….. …………..................... Plaintiff  against GM………………………………………………………. resi …………………................... Defendant  The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from ........................ to ……………………....... so as to obstruct it. 2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones, [or ………………………..………….] and broke his …………….., and suffered great …………, and was prevented from attending to his business for a long time, and incurred expense for medical attendance. [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 KALYAN this ______.  Plaintiff  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Memorandum of Appeal from Primary Court to District court

    Memorandum of Appeal from Primary Court to District court IN THE DISTRICT COURT OF ………………………… AT ………………………… CIVIL APPEAL NO. ………… OF …………………(Appeal from the Judgment and Decree delivered by the Primary Court of …………………….. (………………….., PCM) dated …………………) ……………………………………………………….. ……………… APPELLANT VERSUS ……………………………………………………….  ………….. RESPONDENT MEMORANDUM OF APPEAL The Appellant above named being aggrieved by the Judgement of the Primary Court of ………………… at …………………… (Hon. ………………, ) in  Civil case No. ……….. of ……………, hereby appeals against the whole of the ruling and the order thereof on the following grounds: That the learned Magistrate erred in law and in fact by ……………………................................................. That the learned trial Magistrate erred in law and in fact to………………………………………………………………………….. That the learned trial Magistrate erred in law and in fact by ………………………………………………. WHEREFORE the Appellant prays that the appeal be allowed, the decision of the Primary Magistrate’s Court be reversed, the orders thereon be set aside, and the respondent be condemned to costs. Dated at ……………………… this …………. day of …………….., ……………………………………..            APPELLANT                      Presented for filing this …………. day of ………………., ………….         ……………………………………                 REGISTRY OFFICE COPY TO BE SERVED UPON: DRAWN AND FILED BY: ABC & COMPANY, ADVOCATES, P.O.BOX …………., ................... 2. Sample of Memorandum of Appeal from District court when (exercising original jurisdiction) or Resident Magistrate Court to High Court IN THE HIGH COURT OF  AT ………………….. CIVIL APPEAL NO. ………… OF ……….. (From the original District Court of ………………. Miscellaneous Civil Application No. ………… of ………) ……………………………………………………  …………….. APPELLANT VERSUS ……………………………………………………  …………… RESPONDENT MEMORANDUM OF APPEAL The Appellant above named being aggrieved by the Ruling of the District Court of ………………… at …………………… (Hon. ………………, SRM) in Miscellaneous Civil Application No. ……….. of ……………, hereby appeals against the whole of the ruling and the order thereof on the following grounds: That the learned Magistrate erred in law and in fact by ……………………................................................. That the learned trial Magistrate erred in law and in fact to………………………………………………………………………….. That the learned trial Magistrate erred in law and in fact by ……………………………………………….  That without prejudice to the third ground of appeal the learned trial  Magistrate erred in law and in fact in ordering .................. WHEREOF, the appellant prays for the ruling of the trial Court to be quashed and set – aside and Ruling to be entered for the Appellant as prayed for in the Application. Dated at ……………………… this …………. day of …………….., ……………   ………………………..            APPELLANT Presented for filing this …………. day of ………………., ………….         ……………………………………                 REGISTRY OFFICER COPY TO BE SERVED UPON: Respondent DRAWN AND FILED BY: ABC & COMPANY, ADVOCATES, P.O.BOX …………., ................... Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Money Lent

    Money Lent  In the Court of ...................................... KK……………………………………...  resi…. ...................... Plaintiff  against GM……………………………………….. resi……………. .................... Defendant A.B., the above-named plaintiff, states as follows : 1. On the ................ day of . ......./. ................ He lent the defendant rupees repayable on the ................day of ................ 2. The defendant has not paid the same, except................rupees paid on the .....day of ................/....... [If the plaintiff claims exemption from any law of limitation, say :] 3. The plaintiff was a ……………. [………….] from the ................ day of till.... .. ...the ................day of................ 4. [Facts showing when the cause of action arose and that the Court has jurisdiction. ] 5. 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 ................rupees, with interest at ................percent, from the ................day of ................/........ 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/-)

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