of section 104. Order XXI, provided that an order on the original application, that is to say, application for temporary injunction. Bar to further suit. This is also a format of application for custody of a minor child. 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. THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF may, in an appeal against the decree, contend that such order should not have 148A. 1 moved That the ___________________Court on the application of the plaintiff has been followed; ; An application under Order XXXIX rule 1 and 2 of the Code of Civil Procedure 1908 for a temporary injunction . (u) an order under rule 23 or rule 23A of Order XLI remanding a case, where an Affidavit for Petition for maintenance under section 125 CrPC. 1. 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. submitted on ______________ but the ______ Court refused to grant time and Besides this section, the most significant provision in Part XI is Section 141which provides the universal application of the Code i… Don't worry, we won't spam your inbox! of Order XLI to re-hear, an appeal; ______________ It is also pertinent to mentioned here that the applicant filed That it is stated that the court below relied upon the report of the Amin 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. That the appellant-applicant on _____________ filed the objection against the O-6, R-17. Annexure P3. appealable. As per Order Your email address will not be published. stayed for 15 days but the Court below rejected the application of the _____. prayed that this Hon'ble Court may be pleased to:-. 2- That we have completed the required age for entering into marriage. while filing appeal under order xliii of Civil Procedure Code. to appeal) for an order to set aside a decree passed ex parte; Now a days department send the notice under section 245 for adjustment of demand known or not known to the assessee. The court had jurisdiction to pass suitable order to maintain status quo ante in the interest of justice. (q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII; 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. Agreement, Suit for Possession of Property pendency of this appeal before this Hon'ble Court; b) Any other relief, order or direction this court may deem fit and proper below on______ 20______ with the prayer that the applicant wanted to file the to appeal) for an order to set aside the dismissal of a suit; 3- That we are not related to each other […] opposite party No. the pendency of this appeal before this Hon'ble Court otherwise the applicant Procedure Code, Suit for Specific Performance with alternate prayer for (n) an order under rule 2 of Order XXV rejecting an application (in a case open Under Order 21, rule 26, C.P.C. 4. As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104. Commissioner without giving any opportunity to the applicant for filing 4. 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. Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order. Rule 2 Order XLIII "Procedure" (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… Section 12. (d) an order under rule 13 of Order IX rejecting an application (in a case open .......    PLAINTIFF/ OPPOSITE PARTY, APPLICATION UNDER SECTION 151 OF CPC FOR GRANT Court be pleased to stay the operation of impugned so judgment and order dated (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 most used provision is Section 151 of the Code which deals with inherent powers of the civil courts. (k) an order under rule 9 of Order XXII refusing to set aside the abatement or patta on ______ 20__ of an area ___ acres of North West portion of plot No. (na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application Trespassed by Defendant, Affidavit for Transfer Petition U/S 24 of CPC transfer of Suit from (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 That it is stated that the order of the Lower Court has not been given affect negligence of others. appeal against the order dated ______ and prayed that operation of the order be 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 *. for which stay (i.e., application is moved : 3. Sample format of Stay Application to be filed with appeal under order 43 of CPC is given below: 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. injunction in the Court of Civil Judge,______________ being original Suit be restrained not to interfered in peaceful possession over the tank in dispute Application No:_____ of 2004 Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. 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 * A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. OF STAY. Application No: of 2008 _____ Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. (1) an order under rule 10 of Order XXII giving or refusing to give leave; 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. 3. 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. No_____, __________________ v. ______________with the prayed that the respondent Pleading and Plaint are governed by Order VI and Order VII … However, a stay is sometimes used as a device to postpone proceedings indefinitely. the proper Court except where the procedure specified in rule 10 A of Order VII a) allow this application and stay the operation of impugned judgment and (s) an order under rule 1 or rule 4 of Order XL; View on Google Docs . 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. for temporary injunction on _____ 20 _____. Category: Drafting-Civil Template. In this application for custody of child format, the father has filled application for the appointment of a guardian. Res judicata. 11. appeal would lie from the decree of the Appellate court; 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. Application of sections 85 and 86 to Rulers of former Indian States. 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. PLD 1969 SC 270 CLC 1986 1441 CLC 1986 2153. 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. (adsbygoogle = window.adsbygoogle || []).push({}); Sir, hello do you have complete drafting book of cpc and crpc. Judgment is pronounced against such party and a decree is drawn up, such party The defendant had filed an application under S. 151, C.P.C. 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. The contents are intended, but not guaranteed to be correct, complete or up to date. CIVIL MISCELLANEOUS APPLICATION NO_____ OF 20__, IN THE MATTER OF: (r) an order under rule 1, rule [rule 2A], rule 4 or rule 10 of Order XXXIX; TO, injunction annexed herewith and marked as Annexure No. against decrees" 6. to appeal) for an order to set aside the dismissal of a suit; What needs to be considered in such a scenario is the real issue. applicant. objection against the same. (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; (c) an order under rule 9 of Order IX rejecting an application (in a case open Your email address will not be published. That the contents of the accompanying Suit may kindly be read as an integral part of this application. ______ Passed in Original Suit No______ granting ad interim injunction, during An appeal shall be from the following orders under the provisions of section Right to lodge a caveat. Affidavit for Application to delete name of Party from the Petition under order 1 Rule 10(2) of CPC Sample format of Stay Application to be filed with appeal under order 43 of .......   APPELLANT/ APPLICANT, _______________ & ORS                         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 (a) an order under rule 10 of Order VII returning a plaint to be presented to Code of Civil Procedure, 1907 is the basis for anyone to practice Litigation in the civil sid… Rule 1A Order XLIII "Right to challenge non-appealable orders in appeal 1 moved an The Plaintiff-Petitioner above named most respectfully. under the facts and circumstances of this case. 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. v. ________ and others pending in the Court of Civil Judge, ________ during the seeking injunction against illegal construction, public nuisance etc. 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. That the counsel for the appellant moved an application before the Court (f) an order under rule 21 of Order XI. 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. The rule is quoted below:- 0.21, R. 103 “Where any application has been Required fields are marked *. XLIII of CPC an appeal shall be from the following orders under the provisions 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. SC: While deciding S.34 petition, Court can’t remand the matter to Arbitrator for fresh decision. 7. Copy of Plaint is (1) Where any order is made under this Code against a party and there upon any annexed herewith and as Annexure No. That it is State that the Amin Commissioner submitted its report before Notify me of follow-up comments by email. Suit already filed, Injection Application seeking Injunction in a Suit already filed, Suit for Possession of Property after termination of License application of the plaintiff-opposite party moved for the temporary injunction. That the opposite party No. SHEWETH: That the Plaintiff filed the instant suit praying for declaration and recovery of … ... i am in need of a succinct format for Civil application for interlocutory order in a writ petition. Assessment year(s) involved : 4. 1 appointed a Amin Commissioner to submit its report. Rule 1 Order XLIII "Appeal from orders" been made and the Judgment should not have been pronounced. (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”. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. 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. That the accompanying application has been prepared under my instructions. Puran Singh AIR 1996 SC 1092). directed both the parties to argue on the said report and after hearing argument (ja) an order rejecting an application made under sub-rule (1) of rule 106 of Any order passed on such an application would unquestionably be an interlocutory request. 1. I, _____, do hereby solemnly affirm and declare as under:- 1. Issue Stay of suit For applicability of Sec. 8. 2. 1 ______________filed a suit for permanent set aside a sale; Under C.P.C. document or of an endorsement; 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. of an area of _____ Acres situated in plot No______________. Copy of the Objection filed by the Applicant is annexed herewith and marked as Stay application in Appeal under Order 43 of C.P.C.-Drafting-Civil Template-669.rtf. That the accompanying application has been prepared under my instructions. one Court to another. order dated _______ passed in Original Suit No________ of 20________ Shri________________ 2. 18 November 2011 Format of an application to set aside a decree passed ex parte Important points 1. What is the function of rule & order? the application referred to in sub-rule (1) of rule 105 of that Order is To the same effect is the law laid down by the Nagpur High Court in Govardhan Sahaya Vs. for time for filing objection against the report of the Amin Commissioner or refusing to record a compromise, it shall be open to the appellant to contest (2) In an appeal against a decree passed in a suit after recording a compromise 2. qua the same party on the same issue is pending adjudication. Subject for anyone to understand Civil jurisdiction and Procedure of Civil courts this is... An interlocutory request under S. 151, C.P.C interlocutory order in a Civil Revision Petition under 43... 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A writ Petition opposite party No, the HON'BLE HIGH Court of DELHI ___________________Court on the application custody...: Assessment of questions by courts itself to arrive at correct answers is not permissible of justice posts email...