OBJECTION AS TO APPLICABILITY OF THE CODE OF CIVIL PROCEDURE

 OBJECTION AS TO APPLICABILITY OF THE CODE OF CIVIL PROCEDURE

IN THE COURT OF THE....................

Suit No..................... of 19........................................

C. D................................................................... Plaintiff

versus 

C. F................................................................ Defendant

The abovenamed plaintiff most respectfully submits as under: —

1. That the area of.................... in which the land in dispute is situated is the Tribal Area, which was immediately before 21st January, 1972, included in the Tribal Areas of Assam as referred to in paragraph 20 of the Sixth Schedule in the Constitution.

2. That the provisions of the Code of Civil Procedure have not been extended to the area aforesaid by notification in the Official Gazette so far.

3. That as such the Code of Civil Procedure, 1908 is not applicable to this case.

4. That it is expedient in the interests of justice that the plaint may be rejected or returned to the plaintiff.

PRAYER

It is, therefore, most respectfully prayed that the Court may be pleased to reject or return the plaint with cost to the defendant.

It is accordingly prayed.

Plaintiff 

Through Advocate 

VERIFICATION

I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true.

Verified on this................. day of.................... 19.................... at

Plaintiff