2. (n) an order under rule 2 of Order XXV rejecting an application (in a case open The Plaintiff-Petitioner above named most respectfully. The views expressed are not the personal views of LawBulls and are the independent views of the authors. Right to lodge a caveat. I, , do hereby solemnly affirm and declare as under:- 1. An ex parte decree is a decree that is passed by the court in absence of any response from the defendant as per Order 9 Rule 6 of CPC. (q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII; Enter your email address to subscribe to us and receive notifications/alerts of new posts by email. appeal against the order dated ______ and prayed that operation of the order be This is also a format of application for custody of a minor child. (f) an order under rule 21 of Order XI. 1. Copy of the application for Temporary his reply against the application of the plaintiff-opposite party No. CIVIL MISCELLANEOUS APPLICATION NO_____ OF 20__, IN THE MATTER OF: (w) an order under rule 4 of Order XLVII granting an application for review. SC: While deciding S.34 petition, Court can’t remand the matter to Arbitrator for fresh decision. qua the same party on the same issue is pending adjudication. Sample format of Stay Application to be filed with appeal under order 43 of CPC is given below: 3- That we are not related to each other […] Suit Don't worry, we won't spam your inbox! (r) an order under rule 1, rule [rule 2A], rule 4 or rule 10 of Order XXXIX; Appeal is provided under Section 96 of the CPC, which says that except as provided in CPC or any other law for timbering in force, an appeal shall lie from any decree passed by court exercising Original Jurisdiction to appeal Court authorized to hear the appeal from the decision of the Court i.e. recorded. 1) Provision for the restoration of claim petition:- When the Court dismisses any claim petition under Order 21 Rule 58(1), the party may file an application under Section 151 CPC for restoration and for re-investigation or he may also file a suit under Order 21 Rule 58(5) within one year from the date of dismissal for default. (k) an order under rule 9 of Order XXII refusing to set aside the abatement or 10, CPC the entire subject matter of the two suits must be the same –Expression ‘the matter in issue’ is not equivalent to any of the questions in issue. for temporary injunction on _____ 20 _____. APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. Respectfully Sheweth:-That the petitioner has filed the above titled Suit in this Hon’able Court in which no date of hearing has been fixed as yet. third type of appeal is provided under Order 21, Rule 103 by virtue of which orders passed on the applications for dispossession of third party in execution of decree have been conferred the status of decree and made appealable. An appeal shall be from the following orders under the provisions of section to appeal) for an order to set aside the dismissal of a suit; CAVEAT UNDER SECTION ___ OF CPC Sir, The caveator most respectfully submits as under:-1- That the caveator are residing at present at the above mentioned address. No_____, __________________ v. ______________with the prayed that the respondent What is the function of rule & order? I, _____, do hereby solemnly affirm and declare as under:- 1. against decrees" Sample format of Stay Application to be filed with appeal under order 43 of Part XI of the CPC contains twenty-eight provisions which are miscellaneous in nature and are exercised by the civil courts day in and day out to enable a smooth continuum of the proceedings before the court. O-6, R-17. may, in an appeal against the decree, contend that such order should not have patta on ______ 20__ of an area ___ acres of North West portion of plot No. That the opposite party No. Format of Affidavit for Marriage Declaration We, _____ Son of _____ Resident of _____ and _____ Daughter of _____ Resident of _____, do hereby solemnly affirm and declare as under:- 1- That we are at present unmarried. Stay application in Appeal under Order 43 of C.P.C.-Drafting-Civil Template-669.rtf. That during the pendency of the suit the opposite party No. As per Order 1 ______________filed a suit for permanent decree (herein after called JD) comes before the court and files an application for stay on one or the other grounds and relies upon certain provisions of CPC. Affidavit for Application to delete name of Party from the Petition under order 1 Rule 10(2) of CPC CPC is given below: (adsbygoogle = window.adsbygoogle || []).push({}); IN THE ______ COURT OF _______ AT NEW DELHI That it is State that the Amin Commissioner submitted its report before As regards the disposal of the plaintiffs application under Order 39 rules 1 and 2 CPC, learned counsel for the defendants has fairly conceded that an order staying a suit under Section 10 CPC does not prevent Court from making interlocutory orders. or refusing to record a compromise, it shall be open to the appellant to contest TO, has been followed; Pleading and Plaint are governed by Order VI and Order VII … P2. injunction annexed herewith and marked as Annexure No. (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 6. The contents are intended, but not guaranteed to be correct, complete or up to date. document or of an endorsement; Amin Commissioner submitted report before the Court below on______________ of section 104. appeal would lie from the decree of the Appellate court; DELHI. 1. ; application for temporary injunction. of Order XLI to re-hear, an appeal; XLIII of CPC an appeal shall be from the following orders under the provisions Along with its Format of an application under section 12 of the guardian and wards act is also provided to get interim custody of the child. while filing appeal under order xliii of Civil Procedure Code. A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. 1 appointed a Amin Commissioner to submit its report. order dated _______ passed in Original Suit No________ of 20________ Shri________________ Code of Civil Procedure, 1907 is the basis for anyone to practice Litigation in the civil sid… In Tek Singh vs. Shashi Verma, the interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. for time for filing objection against the report of the Amin Commissioner to appeal) for an order to set aside the dismissal of a suit; SHEWETH: That the Plaintiff filed the instant suit praying for declaration and recovery of … Court be pleased to stay the operation of impugned so judgment and order dated PLD 1969 SC 270 CLC 1986 1441 CLC 1986 2153. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. 4. (u) an order under rule 23 or rule 23A of Order XLI remanding a case, where an Code of Civil Procedure is a constitution of Civil/Commercial Courts, Civil Jurisdiction and Appellate Civil Division in the High Court for adjudicating commercial/civil disputes. 1 moved Under C.P.C. 2. stayed for 15 days but the Court below rejected the application of the An application under Section 24 of the Hindu Marriage Act squarely falls within the meaning of the words “Interlocutory Application”, as it could be made only in a main proceeding under one or the other provisions of the Hindu Marriage Act. (c) an order under rule 9 of Order IX rejecting an application (in a case open (na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application The most used provision is Section 151 of the Code which deals with inherent powers of the civil courts. 2- That we have completed the required age for entering into marriage. below on______ 20______ with the prayer that the applicant wanted to file the Trespassed by Defendant, Affidavit for Transfer Petition U/S 24 of CPC transfer of Suit from the proper Court except where the procedure specified in rule 10 A of Order VII the pendency of this appeal before this Hon'ble Court otherwise the applicant Model draft of an “Application for stay of suit u/s 10 of CPC” : * Please note that this model draft may be used mutatis mutandis *. (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; 3. The content of this website is for informational purposes only and for the reader’s personal non-commercial use. (2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowled… Assessment year(s) involved : 4. Date of filing of appeal before the CIT and its number, if known : 5. The counsel for the appellant-applicant prayed Copy of Plaint is That it is stated that the court below relied upon the report of the Amin submitted on ______________ but the ______ Court refused to grant time and (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to 5. 104, namely :- the court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the court by which the decree was passed or an appellate court for an order to stay execution. _______________                                     dismissal of a suit; 148A. Your email address will not be published. Restoration Application in Writ Petition-Drafting-Civil Template-671.rtf. Category: Drafting-Civil Template. He had not filed an application for punishing the petitioner for disobedience of breach of injunction order under Order XXXIX, Rule 2-A, C.P.C. That the case of the appellant-applicant is this that he has been granted 1 moved an under the facts and circumstances of this case. Application No:_____ of 2004 Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. on merit reserved the judgment and pronounced the judgment on next day i.e. That the counsel for the appellant moved an application before the Court 2- That on _____ the plaintiff _____ reached at the suit property and he showed the stay order to the applicant _____ and he stopped the applicant from raising the construction on the suit property. v. ________ and others pending in the Court of Civil Judge, ________ during the What do we need to keep in mind while writing drafting for CPC? set aside a sale; (2) In an appeal against a decree passed in a suit after recording a compromise View on Google Docs . In this application for custody of child format, the father has filled application for the appointment of a guardian. (i) an order under rule 34 of Order XXI on an objection to the draft of a Suit already filed, Injection Application seeking Injunction in a Suit already filed, Suit for Possession of Property after termination of License Affidavit for Petition for maintenance under section 125 CrPC. That is why it is called procedural law as it contains the procedure in civil suits. (1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. Category: Drafting-Civil Template. 18 November 2011 Format of an application to set aside a decree passed ex parte Important points 1. SC: Assessment of questions by courts itself to arrive at correct answers is not permissible. the application referred to in sub-rule (1) of rule 105 of that Order is Rule 2 Order XLIII "Procedure" Act under which the demand is raised Income-tax etc.) opposite party No. Copy of the Objection filed by the Applicant is annexed herewith and marked as An application under Order XXXIX rule 1 and 2 of the Code of Civil Procedure 1908 for a temporary injunction . That the appellant-applicant on _____________ filed the objection against the the decree on the ground that the compromise should, or should not, have been injunction in the Court of Civil Judge,______________ being original Suit SC:Court has a bounden constitutional obligation to ensure that investigation is conducted in accordance with law, SC: Parliament can make law declaring any stretch/section to be a national highway, SC: Courts are free to determine whether independent conviction is possible in case group prosecution under Section 149 IPC fails, SC: Court must defer to the understanding of clauses in tender documents by the author thereof, SC: Standard of proof in MACT cases is preponderance of probabilities, SC: Admissions to Medical Colleges cannot be permitted to be made beyond sanctioned capacity. THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF objection against the same. 11. Commissioner without giving any opportunity to the applicant for filing ... i am in need of a succinct format for Civil application for interlocutory order in a writ petition. ______________ It is also pertinent to mentioned here that the applicant filed An application under Section 24 of the Hindu Marriage Act squarely falls inside the significance of the words “Interlocutory Application,” as it could be made just in the primary proceeding under either provision of the Hindu Marriage Act. refund of money, Summary Suit under Order XXXVII of CPC for recovery of money, Cheque return, Suit for Compensation for death or physical disability due to That the accompanying application has been prepared under my instructions. Agreement, Suit for Possession of Property Rule 1 Order XLIII "Appeal from orders" Bar to further suit. to appeal) for an order to set aside a decree passed ex parte; Application No: of 2008 _____ Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. Puran Singh AIR 1996 SC 1092). ______ Passed in Original Suit No______ granting ad interim injunction, during _____. Besides this section, the most significant provision in Part XI is Section 141which provides the universal application of the Code i… .......    PLAINTIFF/ OPPOSITE PARTY, APPLICATION UNDER SECTION 151 OF CPC FOR GRANT (1) an order under rule 10 of Order XXII giving or refusing to give leave; Order XXI, provided that an order on the original application, that is to say, a) allow this application and stay the operation of impugned judgment and Child format, the father has filled application for custody of child format, the father has filled for... 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