Format of Stay Execution- Setting Aside the Ex-Parte order and Ex-Parte Decree

Format of Stay Execution- Setting Aside the Ex-Parte order and Ex-Parte Decree

Birth Certificate Affidavit FormatIn the court of _____

_____

…..Applicant/Plaintiff

Versus

_____

…..Defendants

Application for Setting Aside the Ex-Parte order dated _____ and Ex-Parte Decree dated _____

Respectfully Showeth:

1- That the above noted case was fixed for _____ before this Hon’ble court and the counsel for the applicant/defendant appeared before this Hon’ble court. The Hon’ble court fixed the time for arguments at _____ hence the counsel went to attend other cases in the other courts. at about _____when the counsel came back to attend this Hon’ble court then he came to know that the above noted case was proceeded as ex-parte against the applicant/defendant.  Thereafter on _____ this Hon’ble court passed an exparte decree in favour of the plaintiff and against the defendant.
2- That the applicant/defendant will suffer an irreparable loss and injury in case the above noted suit is not restored in its original form.
3- That the present application is well within the limitation.

It is, therefore, prayed that the exparte order dated _____ and ex-parte decree dated _____ may kindly be set aside in the interest of justice.
Dated ________

Applicant /defendant

Through counsel:
_____ Advocate, _____

Format of Application for Warrants

Format of Application for Warrants
Format of Application for Warrants

IN THE COURT OF _____

_____            Versus            _____

Execution No. _____ Dated: _____

Claim petition

Execution Petition

Application for issuance of warrants of attachment against the judgement debtors namely _____ instead of _____ and against other Judgement Debtors.

Respectfully Showeth:-

1-    That the above noted execution petition is pending before this Hon’ble court and is fixed for _____.

2-    That the Hon’ble court of _____ the _____ was pleased to pass an award of _____/- alongwith interest @ _____% per annum from the date of filing of the petition till actual realisation of the amount in favour of the applicants/decree holders and against the respondents/ judgment debtors jointly and severally vide order dated _____.

3-    That the name of Judgement Debtor namely _____ now known as _____.

4-    That the judgment debtors had filed the appeal against the above-mentioned award before the Hon’ble court of _____ at _____. The J.D./respondents deposited the amount of _____/- on behalf of _____ before this Hon’ble Court of _____ for appeal but the same was dismissed by _____ of the Hon’ble Court of _____ vide order dated _____.

5-    That previously the warrants of attached has been issued in the name of _____ and the same were not being executed properly.

PRAYER

It is, therefore, prayed that the application of the applicants/D.Hs. may kindly be accepted and the amount of award may kindly be recovered from the Judgement debtors by issuing the warrants of attachment against the judgement debtors _____ and other judgement debtors in the interest of justice.

Dated: _____

Decree Holders /Applicants

Through counsel
_____Advocate, _____