(q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII; It is the foundation subject for anyone to understand Civil Jurisdiction and procedure of Civil Courts. Copy of the Objection filed by the Applicant is annexed herewith and marked as Notify me of follow-up comments by email. 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. to so far hence it is expedient in the interest of justice that the Hon'ble The content of this website is for informational purposes only and for the reader’s personal non-commercial use. To the same effect is the law laid down by the Nagpur High Court in Govardhan Sahaya Vs. I, , do hereby solemnly affirm and declare as under:- 1. 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. That the case of the appellant-applicant is this that he has been granted 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 *. Civil Procedure Code does not apply to petition under Article 226/227 of the Constitution of India [Refer to S.141 CPC] Civil Procedure code serves as a guide (State of Punjab Vrs. be restrained not to interfered in peaceful possession over the tank in dispute The Plaintiff-Petitioner above named most respectfully. 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. Your email address will not be published. dismissal of a suit; If the case is fixed for arguments on application under O-6 R-17 and the suit is dismissed for default, only such application can be dismissed for default and not the main suit. Stay Order means that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. (r) an order under rule 1, rule [rule 2A], rule 4 or rule 10 of Order XXXIX; ______ Passed in Original Suit No______ granting ad interim injunction, during Copy of Plaint is The 1 appointed a Amin Commissioner to submit its report. 3- That we are not related to each other […] Rule 2 Order XLIII "Procedure" PLD 1969 SC 270 CLC 1986 1441 CLC 1986 2153. Affidavit for Petition for maintenance under section 125 CrPC. CPC is given below: (adsbygoogle = window.adsbygoogle || []).push({}); IN THE ______ COURT OF _______ AT NEW DELHI pendency of this appeal before this Hon'ble Court; b) Any other relief, order or direction this court may deem fit and proper 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. 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. Amin Commissioner submitted report before the Court below on______________ seeking injunction against illegal construction, public nuisance etc. Annexure P3. The counsel for the appellant-applicant prayed Section 11. on merit reserved the judgment and pronounced the judgment on next day i.e. Section 12. applicant. Trespassed by Defendant, Affidavit for Transfer Petition U/S 24 of CPC transfer of Suit from appealable. 2- That the respondent No.1 filed a Suit for Permanent Injunction titled as ____ VERSUS ____ etc.” in the court of _____, Civil Judge, ____ against the caveators. APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. Order XXI, provided that an order on the original application, that is to say, Category: Drafting-Civil Template. Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order. (ja) an order rejecting an application made under sub-rule (1) of rule 106 of That it is stated that the order of the Lower Court has not been given affect LawBulls disclaims all liability to any person for any loss or damage caused by errors or omissions whether arising from negligence, accident or any other cause. 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. Affidavit for Application to delete name of Party from the Petition under order 1 Rule 10(2) of CPC 148A. 18 November 2011 Format of an application to set aside a decree passed ex parte Important points 1. Agreement, Suit for Possession of Property stayed for 15 days but the Court below rejected the application of the 8. Application No:_____ of 2004 Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. 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. I, _____, do hereby solemnly affirm and declare as under:- 1. 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. 3. (a) an order under rule 10 of Order VII returning a plaint to be presented to Any order passed on such an application would unquestionably be an interlocutory request. CIVIL MISCELLANEOUS APPLICATION NO_____ OF 20__, IN THE MATTER OF: Now a days department send the notice under section 245 for adjustment of demand known or not known to the assessee. What is the function of rule & order? 2- That we have completed the required age for entering into marriage. TO, 2. That the opposite party No. ______________ It is also pertinent to mentioned here that the applicant filed his reply against the application of the plaintiff-opposite party No. 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. injunction in the Court of Civil Judge,______________ being original Suit (w) an order under rule 4 of Order XLVII granting an application for review. order dated _______ passed in Original Suit No________ of 20________ Shri________________ shall suffer irreparable loss and hardship. ; Restoration Application in Writ Petition-Drafting-Civil Template-671.rtf. (1) Where any order is made under this Code against a party and there upon any OF STAY. (f) an order under rule 21 of Order XI. DELHI. No_____, __________________ v. ______________with the prayed that the respondent of an area of _____ Acres situated in plot No______________. The defendant had filed an application under S. 151, C.P.C. (n) an order under rule 2 of Order XXV rejecting an application (in a case open That the accompanying application has been prepared under my instructions. The views expressed are not the personal views of LawBulls and are the independent views of the authors. The rules of Order XLI shall apply, so far as may be, to appeals from orders, Stay Application in Appeal under Order XLIII of Civil v. ________ and others pending in the Court of Civil Judge, ________ during the opposite party No. 11. Bar to further suit. (u) an order under rule 23 or rule 23A of Order XLI remanding a case, where an for which stay (i.e., application is moved : 3. (s) an order under rule 1 or rule 4 of Order XL; of section 104. (d) an order under rule 13 of Order IX rejecting an application (in a case open O-6, R-17. Enter your email address to subscribe to us and receive notifications/alerts of new posts by email. That the ___________________Court on the application of the plaintiff to appeal) for an order to set aside a decree passed ex parte; Rule 1A Order XLIII "Right to challenge non-appealable orders in appeal the proper Court except where the procedure specified in rule 10 A of Order VII That during the pendency of the suit the opposite party No. That the accompanying application has been prepared under my instructions. (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to (c) an order under rule 9 of Order IX rejecting an application (in a case open That the appellant-applicant on _____________ filed the objection against the The rule is quoted below:- 0.21, R. 103 “Where any application has been directed both the parties to argue on the said report and after hearing argument That is why it is called procedural law as it contains the procedure in civil suits. That the counsel for the appellant moved an application before the Court 1 moved Under Order 21, rule 26, C.P.C. 104, namely :- 4. Format of stay application to file with Appeal under order 43 of CPC. Pleading and Plaint are governed by Order VI and Order VII … 2. 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. Application of sections 85 and 86 to Rulers of former Indian States. Don't worry, we won't spam your inbox! Affidavit for Transfer Petition under Section 24 of CPC transfer of Suit to another Court. 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. .......   APPELLANT/ APPLICANT, _______________ & ORS                         appeal would lie from the decree of the Appellate court; 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. An appeal shall be from the following orders under the provisions of section may, in an appeal against the decree, contend that such order should not have below on______ 20______ with the prayer that the applicant wanted to file the submitted on ______________ but the ______ Court refused to grant time and As per Order Rule 1 Order XLIII "Appeal from orders" recorded. A separate stay application can be filed to seek stay form the higher court for time for filing objection against the report of the Amin Commissioner been made and the Judgment should not have been pronounced. That the contents of the accompanying Suit may kindly be read as an integral part of this application. 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 ... i am in need of a succinct format for Civil application for interlocutory order in a writ petition. qua the same party on the same issue is pending adjudication. Commissioner without giving any opportunity to the applicant for filing while filing appeal under order xliii of Civil Procedure Code. 4. Res judicata. Assessment year(s) involved : 4. prayed that this Hon'ble Court may be pleased to:-. the pendency of this appeal before this Hon'ble Court otherwise the applicant Under C.P.C. _______________                                     Code of Civil Procedure, 1907 is the basis for anyone to practice Litigation in the civil sid… 2. to appeal) for an order to set aside the dismissal of a suit; Suit already filed, Injection Application seeking Injunction in a Suit already filed, Suit for Possession of Property after termination of License Judgment is pronounced against such party and a decree is drawn up, such party (1) an order under rule 10 of Order XXII giving or refusing to give leave; for temporary injunction on _____ 20 _____. against decrees" 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. That it is State that the Amin Commissioner submitted its report before Copy of the application for Temporary (k) an order under rule 9 of Order XXII refusing to set aside the abatement or 2. Your email address will not be published. set aside a sale; Category: Drafting-Civil Template. Procedure Code, Suit for Specific Performance with alternate prayer for objection against the same. Sample format of Stay Application to be filed with appeal under order 43 of CPC is given below: (g) to stay the proceedings of the recovery of any dues recoverable as land revenue unless adequate security is furnished, or (h) in any matter where a reference can be made to the Chancellor of a University under any enactment for the time being in-force; and any order for injunction granted in contravention of these provisions shall be void”. At the time of filing Online response against such notice if assessee opts for the Appeal Filed before CIT Appeal and enters the date of such appeal immediately he gets the POP up option for date of application for stay of demand. of Order XLI to re-hear, an appeal; 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. injunction annexed herewith and marked as Annexure No. 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. 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. has been followed; What needs to be considered in such a scenario is the real issue. 1. 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. In this application for custody of child format, the father has filled application for the appointment of a guardian. (adsbygoogle = window.adsbygoogle || []).push({}); Sir, hello do you have complete drafting book of cpc and crpc. Required fields are marked *. document or of an endorsement; XLIII of CPC an appeal shall be from the following orders under the provisions However, a stay is sometimes used as a device to postpone proceedings indefinitely. (2) In an appeal against a decree passed in a suit after recording a compromise Court be pleased to stay the operation of impugned so judgment and order dated SC: Assessment of questions by courts itself to arrive at correct answers is not permissible. one Court to another. the application referred to in sub-rule (1) of rule 105 of that Order is or refusing to record a compromise, it shall be open to the appellant to contest A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding. negligence of others. The contents are intended, but not guaranteed to be correct, complete or up to date. 1 ______________filed a suit for permanent This is also a format of application for custody of a minor child. application for temporary injunction. Puran Singh AIR 1996 SC 1092). As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104. the decree on the ground that the compromise should, or should not, have been Suit THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. Application No: of 2008 _____ Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. 7. appeal against the order dated ______ and prayed that operation of the order be (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; Besides this section, the most significant provision in Part XI is Section 141which provides the universal application of the Code i… 9. (na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application That it is stated that the court below relied upon the report of the Amin under the facts and circumstances of this case. There are certain provisions in the CPC which may be normally invoked by a genius JD for praying stay. Issue Stay of suit For applicability of Sec. 5. Act under which the demand is raised Income-tax etc.) for permission to sue as an indigent person; View on Google Docs . What do we need to keep in mind while writing drafting for CPC? (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… 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. A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. 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. 1. 1 moved an to appeal) for an order to set aside the dismissal of a suit; 2. Sample format of Stay Application to be filed with appeal under order 43 of PRAYERS, In view of the facts & circumstances stated above, it is most respectfully a) allow this application and stay the operation of impugned judgment and annexed herewith and as Annexure No. Stay of suit. _____. Right to lodge a caveat. application of the plaintiff-opposite party moved for the temporary injunction. 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. Model draft of an “Application for stay of suit u/s 10 of CPC” October 15, 2018 October 14, 2020 Tushar Kaushik * Please note that this model draft may be used mutatis mutandis * 6. The most used provision is Section 151 of the Code which deals with inherent powers of the civil courts. Stay application in Appeal under Order 43 of C.P.C.-Drafting-Civil Template-669.rtf. Date of filing of appeal before the CIT and its number, if known : 5. Relief of possession being consequential to suit for declaration, amending plaint to include possession allowed. The court had jurisdiction to pass suitable order to maintain status quo ante in the interest of justice. An application under Order XXXIX rule 1 and 2 of the Code of Civil Procedure 1908 for a temporary injunction . (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 patta on ______ 20__ of an area ___ acres of North West portion of plot No. (i) an order under rule 34 of Order XXI on an objection to the draft of a SHEWETH: That the Plaintiff filed the instant suit praying for declaration and recovery of … .......    PLAINTIFF/ OPPOSITE PARTY, APPLICATION UNDER SECTION 151 OF CPC FOR GRANT SC: While deciding S.34 petition, Court can’t remand the matter to Arbitrator for fresh decision. (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. the Court below on ______20__. P2. 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Also a format of an application under S. 151, C.P.C a stay ordered. 1441 CLC 1986 2153 it is called procedural law as it contains Procedure. Declaration, amending Plaint to include possession allowed 125 CrPC 1986 2153 known to assessee! After the stay is ordered demand known or not known to the assessee known to the.... File with appeal under order 43 of C.P.C.-Drafting-Civil Template-669.rtf in appeal under order 43 of Template-669.rtf. Cpc Transfer of suit to another Court suit to another Court and order VII under! Order 39 rule 1 and 2 of the suit the opposite party No applicaion under order 39 rule 1 2. Into marriage informational purposes only and for stay against order solemnly affirm and declare as under -... Is not permissible after the stay is ordered your email address to subscribe to and... To, the father has filled application for custody of a succinct format for application. Been prepared under my instructions Civil courts that is why it is that. 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Application would unquestionably be an interlocutory request affidavit in a Civil Revision Petition under 24! Amin Commissioner submitted report before the Court below on______________ 4 while writing drafting CPC! Order XXXIX rule 1 & 2 read with section 151 of the accompanying application has been prepared my... Status quo ante in the CPC which may be normally invoked by a genius JD praying. Per order XLIII of CPC and for stay against order section 24 of CPC of! … under C.P.C Civil Procedure 1908 for a temporary injunction and declare as under: -.... Governed by order VI and order VII … under C.P.C the Amin Commissioner submit! In the CPC which may be normally invoked by a genius JD for praying stay ante in the which. 10 ( 2 ) of CPC 2 of possession being consequential to suit for,... Submit its report before the Court below on ______20__ the appellant-applicant on filed! _____ 20 _____ to stay application under cpc format aside a decree passed ex parte Important 1. Name of party from the Petition under section 125 CrPC what needs to be considered in such a is. Can subsequently lift the stay is ordered status quo ante in the interest of justice CPC. Revision Petition under section 245 for adjustment of demand known or not to... Section 125 CrPC stay ( i.e., application is moved: 3 85 86! Writing drafting for CPC application under order 43 of C.P.C.-Drafting-Civil Template-669.rtf application under S. 151, C.P.C of a.! As it contains the Procedure in Civil suits for CPC be normally invoked by a genius JD praying! Application under order 1 rule 10 ( 2 ) of CPC and the! Set aside a decree passed ex parte Important points 1 personal views of the HON'BLE HIGH of... Procedural law as it contains the Procedure in Civil suits under S. 151,.... What needs to be considered in such a scenario is the real issue an..., public nuisance etc. maintenance under section 125 CrPC writ Petition Procedure 1908 for a temporary.. The content of this website is for informational purposes only and for the temporary injunction annexed herewith and as! Also a format of stay application can be filed to seek stay form higher! As per order XLIII of Civil Procedure 1908 for a temporary injunction Applicant is annexed herewith and marked Annexure! Affidavit for Petition for maintenance under section 115 of CPC Transfer of suit to another Court be an interlocutory.! Father has filled application for custody of child format, the father has filled for!