02Oct 2018 by admin

Suit for a Mandatory Injunction by a Landlord – Sample Format

Construction
Against A TenantThe above named plaintiff states as follows:1. That the defendant is a monthly tenant under the plaintiff in respect of the premises, described in the Schedule appended below, at a rent of Rs. 2,000/ – p.m. according to English Calendar month. Image Source: lvpropertysearch.com ADVERTISEMENTS: 2. The premises was solely and exclusively let out for the purpose of running a business.3. The defendant, without consent of the plaintiff, began raising of an improvised structure on the open inner courtyard of the premises on 11.11.1993 intending to use the same as a car-shed.4. The plaintiff came to know regarding this unauthorised structure only on 1.12.1994 and protested the same day but the defendant threatened to complete the construction. ADVERTISEMENTS: 5. That the cause of action for this suit arose…
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02Oct 2018 by admin

Suit for Partition of a Joint Hindu Family – Sample Format

Management
Original suit No. 235 of 1996.The above named plaintiff states as follows:1. One Sri L. Bhujanga Rao, father of the plaintiff and of the defendants No. 2 to 4 held properties specifically described in the Schedule appended hitherto. Image Source: images.clipartpanda.com ADVERTISEMENTS: 2. The said Sri L. Bhujang Rao, died on the 12th November, 1976, leaving his widow, defendant No. 1, four sons, namely, the plaintiff and the defendants Nos. 2-4 on whom the said property in the Schedule below devolved in equal shares.3. The plaintiff and the defendants each have 1/5 share in the said property and they are in joint possession of the same.4. Difference has lately arisen in the management and enjoyment of the said property whereupon the plaintiff demanded from the defendants partition of the said…
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02Oct 2018 by admin

Suit for Setting Aside a Decree on Ground of Fraud – Sample Format

Essays
Suit for Setting Aside a Decree on Ground of Fraud.In the court of………… at……….Other Class suit No………. of 1996. ADVERTISEMENTS: Plaintiff:A. Lakshmi NarayanaversusB. Bala Ramaiah Image Source: i.huffpost.com ADVERTISEMENTS: The above named plaintiff submits as under:1. The defendant is an intelligent person and is sort of a tout. He obtained a decree against the plaintiff on 24.3.1991 * parte for specific performance of a contract in Other Class Suit No of 19 in the court of. At………………………………….2. The defendant put into execution the said decree in E.P. No…… of ADVERTISEMENTS: 19….. notice where if was served on the plaintiff by the court process server on………3. The said decree in the aforesaid suit No.. of 19….was fraudulently obtained by the defendant by fraudulent suppression of the summons. The plaintiff did not…
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02Oct 2018 by admin

Suit for Ejectment of a Tenant on Grounds of Default – Sample Format

Business
In the Court of the Munsif…at…………Suit for ejectment, arrears of rent and damages.Valued at Rs…………The plaintiff above named states as follows: ADVERTISEMENTS: 1. That the defendant was a monthly tenant under the plaintiff in respect of the premises described in Schedule A below from ….19.. paying therefore rent at the rate of Rs. 3,000/- per month. The said tenancy was according to English Calendar month. Image Source: dirittodicritica.com2. That the defendant defaulted in payment of rent for the said premises for six months from….. 19….to….19…and for such default the defendant became liable to be evicted from the said premises. ADVERTISEMENTS: 3. That the plaintiff through his lawyer Sri B. Seenayya, Advocate, sent to the defendant a notice dated…. determining the tenancy on expiry of… and requiring him to quit and…
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02Oct 2018 by admin

Suit for Dissolution of Muslim Marriage – Sample Format

Marriage
The above named plaintiff states as follows:1. The plaintiff was given in marriage at Rajahmundry to the defendant.2. The defendant, after her marriage with the plaintiff, lived with her guardian but, for occasional visits her husband’s place till she attained majority in 1994. Image Source: vanderbilt.edu ADVERTISEMENTS: 3. The defendant is an unemployed man. He was unable to maintain the plaintiff and discharge his minimum marital obligations. Being anxious of the welfare of the plaintiff, the defendant was asked by the guardians of the plaintiff to come over to the plaintiffs house as illotom son-in-law and live there.4. The defendant turn out to be a worthless fellow and was found to be incompetent to discharge marital obligations. He would not work often left home for couple of months without intimation…
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02Oct 2018 by admin

Suit for Adoption (Sample Model Forms)

Marriage
Suit for setting aside an adoption:The plaintiff states as follows:1. The plaintiff is the only legal heir to Sri Katreddi Narasimham. Because Sri K. Narasimham died, the plaintiff had right, title and interest over the properties described below, which are left behind by the said Sri. K. Narasimham. Image Source: theransomchurch.org ADVERTISEMENTS: 2. But, K. Bhima Sankaram, in collusion with the Settlement Department of the Government of Andhra Pradesh managed to record his name for the said properties in the Schedule below as an adopted son of Sri K. Narasimham, being allegedly taken in adoption by Smt. Katreddi Sugunamma, widow of the said Sri. K. Narasimham on 24.9.1984.3. The defendant was never adopted as a son by Smt. Katreddi Sugunamma.4. Even if, without conceding, there was an adoption of the…
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02Oct 2018 by admin

What are the Differences between ‘Order’ and ‘Decree’?

Law
Differences between ‘Order’ and ‘Decree’ are as follows: Order (Sec. 2(14)): ‘Order’ means the formal expression of any decision of Civil Court which is not a decree. Thus, the adjudication of a Court which is not a decree is an order. Image Source: fvbylaw.ca Decree (Sec. 2(2)): ‘Decree’ means the formal expression of an adjudicator which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. ADVERTISEMENTS: Following decisions are decrees :-(i) Order of abatement of suit, (ii) Dismissal of appeal as time barred.Following decisions are not decrees: (i) Dismissal of appeal for default, (ii) order of remand. Fundamental Difference between Order and Decree:…
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02Oct 2018 by admin

What is meant by Pleadings and what are its Essential Attributes?

Law
1. Definition/meaning: Sec. 26, Order 6 of C.P.C. deals with pleadings. Pleadings of plaintiff are found in the plaint. Pleadings of defendant are found in the written statement. Image Source: s3.amazonaws.com 2. Object of Pleadings: The whole object of pleadings is to bring parties to definite issues. ADVERTISEMENTS: In Ganesh Trading Co. vs. Moji Ram, the Supreme Court held that to determine what is really at issue between the parties and to prevent deviations from the course; which litigation on a particular cause of action must take. 3. General rules of pleadings: (a) Pleadings should state fact and not law;(b) The facts stated must be material facts;(c) Pleadings should not state the evidence; ADVERTISEMENTS: (d) The facts should be stated in a concise form. (a) State fact and not law:…
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02Oct 2018 by admin

Legal Provisions Regarding Suits by or against Government or Public Officer

Construction
Sections 79 to 82, and Rules 1 to 8-B of Order 27 deal with suits by or against Government or Public Officers.Sec. 79 explains the authority to be named as plaintiff or defendant as the case may be, shall be-(a) In the case of a suit by or against Central Government, the Union of India, and Image Source: lgcnsblog.com ADVERTISEMENTS: (b) In the case of a suit by or against a State Government concerned State.This section only provide for the authority by or against whom a suit can be instituted while Section 80 names the particular person to whom a notice could be addressed or a suit can be filed. Sec. 80 Notice: No suit shall be instituted against the Government or against a Public Officer in respect of any…
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02Oct 2018 by admin

Powers and Functions of Receiver under Civil Procedure Code

Management
The term ‘receiver’ has not been defined in the Code of C.P.C. However, the Supreme Court in Thomas vs. Indian Bank, explained the meaning of the word receiver as an indifferent person between the parties to a cause, appointed by the Court to receive and preserve the property or fund in litigation pendente lite, when it does not seem reasonable to the Court that either party should hold it.Order 40 of C.P.C. provides for Appointment, Remuneration and Duties of a receiver and Enforcement of Receiver’s duties. 1. Appointment of receivers: Image Source: successgenie.com ADVERTISEMENTS: 1. Where it appears to the Court to be just and convenient, the Court may by order-(a) Appoint a receiver of any property, whether before or after decree;(b) Remove any person from the possession or custody…
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