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

Format of Suit for permanent injuction

Format of Suit for permanent injuction

Birth Certificate Affidavit FormatIN THE COURT OF _____
_____    Versus   _____

Suit for permanent Injunction

APPLICATION FOR ADDUCING THE ADDITIONAL EVIDENCE BY WAY OF TENDERING _____CERTIFICATES BEFORE THIS HON’BLE COURT

RESPECTFULLY SHOWETH:

1- That the above noted case is pending in this Hon’ble court and is fixed for today.
2- That due to some oversightness the applicants /petitioners could not deposit the _____ Certificates of the applicants/petitioners before this Hon’ble court at the time of filing of the petition.
3- That the _____ certificates of the petitioners are necessary documents for the proper adjudication of the above noted petition.
4- That now the applicants/petitioners want to adduce their evidence by way of tendering the _____ Certificates before this Hon’ble court.
It is, therefore, prayed that the applicants/petitioners may kindly be allowed to adduce their additional evidence by way of tendering their _____ certificates in the interest of justice.
Dated _____

PETITONERS

Through counsel
_____ ADVOCATE, _____

Format of Application for Prepone the Case

Format of Application for Prepone the Case

Birth Certificate Affidavit FormatIN THE COURT OF _____

In the matter of:-

_____     Versus   _____
SUIT FOR DECLARATION WITH THE CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION

APPLICATION TO PREPOND THE CASE

Sir,

The applicant/plaintiff humbly submits as under:-
1- That the above noted execution is pending before this Hon’ble court and is fixed for _____.
2- That the case was fixed for _____ and next date was fixed on _____ for filing the written statement, reply to the injunction application.
3- That the defendant without the knowledge and notice of the plaintiff has moved an application for fixation of some early date but no personal service of the notice of the said application has been effected upon the applicant /plaintiff and the opposite party managed to produce _____, for and on his behalf in this Hon’ble court while neither the plaintiff has authorized _____ nor signed any Vakalatnama.
4- That the above noted case is of an emergent nature and if the application under order _____ rule _____read with section _____ CPC was not decided earlier then the applicant /plaintiff will suffer an irreparable loss and injury.

It is, therefore, prayed that the above said case may kindly be preponed by fixing a short date of hearing
Dated:

Applicant /Plaintiff

Through counsel
_____ Advocate, _____

Format of Case Transfer Application

Format of Case Transfer Application

Birth Certificate Affidavit FormatIN THE COURT OF

_____   VERSUS   _____

SUIT FOR DECLARATION

APPLICATION FOR REFERRING THE ABOVE NOTED SUIT TO THE _____

RESPECTFULLY SHOWETH:

1- That the above noted case is pending in this Hon’ble court and is fixed for _____.
2- That the plaintiff and the defendant have arrived at a compromise and now the defendant is ready to admit the claim of the plaintiff in respect of the suit property
3- That now the applicant wants to get transferred the above noted case to the _____.

It is, therefore, prayed that the above noted case file may kindly be transferred to the _____ in the interest of justice.
Dated: _____

PLAINTIFF

DEFENDANT

Through counsel
_____ Advocate, _____

Format of Application for Framing Additional Issue

Format of Application for Framing Additional Issue

Birth Certificate Affidavit FormatIn the court of _____

In the matter of:

_____   VERSUS   _____

SUIT FOR SPECIFIC PERFORMANCE

Application U/O _____  Rule _____  of CPC for Framing Additional Issue.

Sir,
The applicant humbly submits as under: –

1- That the above noted case is pending before this Hon’ble court for adjudication and is fixed for _____
2- That inadvertently the necessary issue could not be framed while it was mentioned in the preliminary objections and the following issue is necessary for proper adjudication the case. The  issue as under:- _____
3- That if the application for framing the additional issue is allowed then there is no loss to any one and if the application has not been allowed then there will be great prejudice to the defendant.
4- That the Hon’ble court is very competent to amend/frame the additional issue at any stage for proper adjudication the case

It is, therefore, prayed that in the interest of justice, the application for framing the additional issue no. __ as mentioned in the para no. 2 of the application may kindly be accepted and the additional issue may kindly be framed. It is prayed accordingly.
Dated: _____

       APPLICANTS/DEFENDANT
_____ S/o _____ R/o _____

Through counsel:

_____ Advocate, _____

Format of Affidavit for Framing Additional Issue Deponent

Format of Affidavit for Framing Additional Issue Deponent

affidavitIn the court of

In the matter of:

_____   VERSUS   _____

SUIT FOR SPECIFIC PERFORMANCE

Application U/O _____  Rule _____  of CPC for Framing Additional Issue.

I, _____ S/o _____ age _____ R/o _____, do hereby solemnly affirm and declare as under:-

1- That the above noted case is pending before this Hon’ble court for adjudication and is fixed for _____.
2- That the deponent has filed the application for framing the additional issue and contents of the application may kindly be read as part and parcel of this affidavit.
3- That inadvertently the necessary issue could not be framed while it was mentioned in the preliminary objections and the following issue is necessary for proper adjudication the case. The issue as under:- _____
4- That if the application for framing the additional issue is allowed then there is no loss to any one and if the application has not been allowed then there will be great prejudice to the defendant.
5- That the Hon’ble court is very competent to amend/frame the additional issue at any stage for proper adjudication the case.

Deponent

VERIFICATION:

Verified that the contents of paras No.1 to 2 of the affidavit are true to best of my knowledge and para no. 3 to 5 are also true to best of my belief as information received through my counsel. The contents of this affidavit have been read over to me in Hindi by my counsel.
Verified at _____ on _____

Deponent

Format of Application for tracing out the file and marking the presence of plaintiff or applicant

Format of Application for tracing out the file and marking the presence of plaintiff or applicant

Birth Certificate Affidavit FormatIn the court of _____

_____                Versus             _____

SUIT FOR PERMANENT INJUNCTION

Application for tracing out the file and for marking the presence of the plaintiff /applicant and for adjournment of the case.

Most respectfully showeth :-

1-    That the above noted case is pending before this Hon’ble court and is fixed for _____.
2-    That the above noted case was fixed for _____ and was adjourned for today i.e. for _____.
3-    That the case file is not traceable today before this Hon’ble court and the applicant wants to get marked his presence today before this Hon’ble court and wants to get adjourned the above noted case for the next date of hearing.
It is, therefore, prayed that the presence of the applicant /plaintiff may kindly be marked and orders for tracing out the file be issued and the above noted suit may kindly be adjourned for the next date of hearing in the interest of justice

Date: _____

Applicant/plaintiff

Through counsel:

_____ Advocate, _____

Format of Application for Transfer of Suit

Format of Application for Transfer of Suit

Birth Certificate Affidavit FormatIN THE COURT OF DISTRICT JUDGE, _____

In the matter of:

_____    Versus     _____

SUIT FOR PERMANENT INJUNCTION

(Pending in the court of _____ and fixed for _____)

APPLICATION FOR TRANSFER OF THE SUIT TITLED AS “_____ VERSUS _____” FROM THE HON’BLE COURT OF _____ TO THE HON’BLE COURT  OF _____

AFFIDAVIT

I, _____ son of _____, Resident of _____, Tehsil & Distt. _____, do hereby solemnly affirm and declare as under:-

1-    That the deponent has filed the application for transfer of the case, the contents of which are true and correct to the best of my knowledge and nothing has been concealed therein.

Deponent

Verification:-

Verified that the above contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Verified at _____ On _____

Deponent

Format of Application of Secondary Evidence in Property Recovery Suit

Format of Application of Secondary Evidence in Property Recovery Suit

Birth Certificate Affidavit FormatIN THE COURT OF SENIOR CIVIL JUDGE, _____

_____  Versus  _____

SUIT FOR RECOVERY

APPLICATION FOR SECONDARY EVIDENCE

Sir,

The applicant submits as under:-

That the _____ i.e. Defendant No. _____ is the son of borrower namely _____. The father of the defendant No. _____has been expired before filing the recovery suit. The defendant No. _____ inherited the immoveable property and _____ on dated _____. The original sale deed is not in our possession. The original sale deed of _____ which was registered on that day in the Sub Registrar, _____, this property is has been sold by the defendant No. _____ to _____ son of _____, resident of _____. The secondary evidence is necessary to prove the documents.  The certified copy of sale Deed is attached herewith

PRAYER

It is, therefore, prayed that the application for secondary evidence may kindly be allowed.
Dated:_____

Applicant

Written Statement Reply- Format of Suit for Declaration & Partition

Written Statement Reply- Format of Suit for Declaration & Partition

Birth Certificate Affidavit FormatIn the court of _____

In the matter of:-

_____  Versus   _____

SUIT FOR DECLARATION & PARTITION

Written Statement on behalf of the Defendant No. _____

Sir,

The defendant No.1 most respectfully submits as under: –

REPLY PARAWISE:

1- That the contents of Para No.1 of the plaint are correct and admitted.
2- That the Para No.2 of the plaint is also correct and admitted. It is correct that _____.
3- That the Para No.3 of the plaint is also correct and admitted.
4- That the Para No.4 of the plaint is also correct and admitted. It is submitted that _____.
5- That the Para No.5 of the plaint is a matter of record.
6- That in Para No. 6 of plaint it is submitted the defendant No.1 has no knowledge about the said _____.
7- That the Para No.7 of the plaint _____.
8- That the Para No.8 _____.
9- That the Para No.9 of the plaint is correct and admitted.

REPLY TO PRAYER

That in reply to the prayer Para it is submitted that if _____ defendant No.1 has no objection.

PRAYER:

It is, therefore, prayed that the suit of the plaintiff may kindly be decreed as prayed for Defendant _____

_____ son of _____ resident of _____

Through counsel:
_____Advocate, _____

VERIFICATION:

Verified that the contents of the written statement are true to best of our knowledge and belief and nothing concealed therein.

Verified at _____ on  _____

 Defendant No. _____