Free Legal Drafts

  Memorandum of Writ Appeal (Under Clause 15 of the Letter Patent Act) IN THE HIGH COURT OF JUDICATURE OF…………. AT…………… W.A. No. ……….. of …….. Against W.P. No………… of …….. Between 1……………….. …Appellants/Petitioners And 2………………. ….Respondents The address for service of all notices, summons and processes on the above named Appellants are that of their Counself M/s………………………….Advocates, ………………..R/o……………………… The above named Petitioners/Appellants beg to present this Memorandum of Writ Appeal aggrieved against the Order made in W.P. No. ……………. Of…………… dated ……. By His Lordship Justice Shri……………………… for the following among other – GROUNDS 1. The Judgment of the learned single Judge is not sustainable eithe in law or on facts. 2. The learned single Judge ought to have appreciated that the Appellants/Petitioners who are the owners of the property and who are in actual possession and enjoyment of the property are entitled to maintain the writ petition questioning the t...

  No. 2 MONEY OVERPAID (Title) A.B., the above-named plaintiff, states as follows:-- 1. On the ........... day of .........19...., the plaintiff agreed to buy and the defendant agreed to sell..... bars of silver at...... annas per tola of fine silver. 2. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant for such assay, and E.F., declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant...... rupees. 3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment. 4. The defendant has not repaid the sum so overpaid. [As in paras 4 and 5 of Form No. 1, and relief claimed.]

No. 32 MOVABLES WRONGFULLY DETAINED (Title) A.B., the above named plaintiff, states as follows:-- 1. On the ...... day of ..... 20...., plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods], the estimated value of which is..... rupees. 2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff. 3. Before the commencement of the suit, to wit, on the .... day of ..... 20...., the plaintiff demanded the same from the defendant, but he refused to deliver them. [As in paras 4 and 5 of Form No. 1.] 6. The plaintiff claims-- (1) delivery of the said goods, or ....... rupees, in case delivery cannot be had; (2) ..... rupees compensation for the detention thereof.

No. 41 ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS (Title) A.B., the above named plaintiff, states as follows:-- E.F., late of........., was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of ... [here insert nature of debt and security, if any] 2. E.F. died on or about the ..... day of ..... By his last will, dated the ....... day of ..... he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as the case may be.] 3. The will was proved by C.D, [or letters of administration were granted, etc.] 4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable] property of E.F , and has not paid the plaintiff his debt. [As in paras 4 and 5 of Form No. 1.] 7. The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the court.

  No. 43 ADMINISTRATION BY PECUNIARY LEGATEE (Title) [Alter form No. 41 thus] [Omit paragraph 1 and substitute for paragraph 2] E.F., late of ......, died on or about the ..... day of ..... By his last will, dated the ..... day of ...... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of...... rupees. In paragraph 4 substitute "legacy" for "debt". Another form (Title) E.F., the above named plaintiff, states as follows:-- 1. A.B., of K in the ..... died on the .... day of ..... By his last will, dated the ...... day of......, he appointed the defendant and M. N. [who died in the testator's life time] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty one, or a daughter who should attain that age or marry, upon trust as to his immovable proper...

  No. 14 NOT DELIVERING GOODS SOLD (Title) A.B., the above named plaintiff, states as follows:-- 1. On the ..... day of ........ 20......, the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the day....... of ..........20....., and that the plaintiff should pay therefore ..... rupees on delivery. 2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods. 3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery. [As in paras 4 and 5 of Form No. 1, and relief claimed.]

  Notice of Appeal (This is not a prescribed form) In the Hon’ble High Court of Judicature at ……………. Notice of Revision……………………… (Under CLI A Rule 4 of the Act No. V of 1908) Appellate Jurisdiction Civil Revision No……….. of 20…….. Mr……………………… …Applicant Versus Mr………………………. …Respondents Appeal From the…………………of the …………………………… Court of Ist ADJ, ……… Dated the……………….day of…………….20………… In……………….Case No. ………………..20…………. To Shri……………………………..… S/o Shri…………………………. R/o …………………… Distt………………… Respondent. Whereas an appeal from the…………………… of the ……………..of……………. in the case abovenoted has been presented by the applicant, you are hereby called upon to enter appearance on or before the ……… day of ………..20…….., to answer the appeal  the said appeal will be heard by the Court on such day thereafter may be subsequently notified in accordance with the rules. Take notice that in default of appearance on or before the day before mention in person by Advocate or by some ...

  No. 12 NOTICE TO DEFENDANT  [O. 9, R. 6] (Title) To ................ (Name, description and place of residence) Where this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons: Notice is hereby given to you that the hearing of the suit is adjourned this day and that the ..... day of..... 19.... /20 ......, is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence. Given under my hand and the seal of the court, this..... day of..... 19.... /20 ...... Judge.

  No. 5 NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO - PLAINTIFF [O. 1, R. 10] To Whereas ..................... (Name, description and place of residence) has instituted the above suit against...... for ..... and, whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved: Take notice that you should on or before the ........ day of ..... 19..... /20 ...... , signify to this court whether you consent to be so added. Given under my hand and the seal of the court, this ...... day of..... 19 ...........  Judge.

  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 ret...