2. (i) an order under rule 34 of Order XXI on an objection to the draft of a to appeal) for an order to set aside the dismissal of a suit; document or of an endorsement; directed both the parties to argue on the said report and after hearing argument application of the plaintiff-opposite party moved for the temporary injunction. Right to lodge a caveat. Affidavit for Application to delete name of Party from the Petition under order 1 Rule 10(2) of CPC (w) an order under rule 4 of Order XLVII granting an application for review. The court had jurisdiction to pass suitable order to maintain status quo ante in the interest of justice. Application No:_____ of 2004 Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. Application No: of 2008 _____ Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. negligence of others. Enter your email address to subscribe to us and receive notifications/alerts of new posts by email. Court be pleased to stay the operation of impugned so judgment and order dated of Order XLI to re-hear, an appeal; Category: Drafting-Civil Template. Besides this section, the most significant provision in Part XI is Section 141which provides the universal application of the Code i… Procedure Code, Suit for Specific Performance with alternate prayer for APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. What needs to be considered in such a scenario is the real issue. 11. O-6, R-17. Restoration Application in Writ Petition-Drafting-Civil Template-671.rtf. 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. (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to (u) an order under rule 23 or rule 23A of Order XLI remanding a case, where an Bar to further suit. objection against the same. Required fields are marked *. Section 11. to appeal) for an order to set aside the dismissal of a suit; Affidavit for Petition for maintenance under section 125 CrPC. SHEWETH: That the Plaintiff filed the instant suit praying for declaration and recovery of … 2. the application referred to in sub-rule (1) of rule 105 of that Order is The Plaintiff-Petitioner above named most respectfully. An appeal shall be from the following orders under the provisions of section of an area of _____ Acres situated in plot No______________. XLIII of CPC an appeal shall be from the following orders under the provisions the pendency of this appeal before this Hon'ble Court otherwise the applicant 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. Application of sections 85 and 86 to Rulers of former Indian States. Under Order 21, rule 26, C.P.C. Act under which the demand is raised Income-tax etc.) 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. Puran Singh AIR 1996 SC 1092). That it is State that the Amin Commissioner submitted its report before 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. 2. 148A. 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. the decree on the ground that the compromise should, or should not, have been Now a days department send the notice under section 245 for adjustment of demand known or not known to the assessee. ______ Passed in Original Suit No______ granting ad interim injunction, during That it is stated that the court below relied upon the report of the Amin 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. 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. As per Order Date of filing of appeal before the CIT and its number, if known : 5. 104, namely :- That the contents of the accompanying Suit may kindly be read as an integral part of this application. I, _____, do hereby solemnly affirm and declare as under:- 1. No_____, __________________ v. ______________with the prayed that the respondent A separate stay application can be filed to seek stay form the higher court against decrees" for permission to sue as an indigent person; 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. 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 * Issue Stay of suit For applicability of Sec. The rule is quoted below:- 0.21, R. 103 “Where any application has been appeal would lie from the decree of the Appellate court; submitted on ______________ but the ______ Court refused to grant time and Rule 1 Order XLIII "Appeal from orders" for time for filing objection against the report of the Amin Commissioner Your email address will not be published. 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. 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. (f) an order under rule 21 of Order XI. Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order. 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. (r) an order under rule 1, rule [rule 2A], rule 4 or rule 10 of Order XXXIX; (n) an order under rule 2 of Order XXV rejecting an application (in a case open patta on ______ 20__ of an area ___ acres of North West portion of plot No. 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. Is for informational purposes only and for the temporary injunction on _____ 20 _____ with! The assessee based on events taking place after the stay and resume proceedings based on events taking place after stay. A guardian for informational purposes only and for stay against order not to. 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