5. Rule 2 Order XLIII "Procedure" 4. (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. 1 ______________filed a suit for permanent qua the same party on the same issue is pending adjudication. (d) an order under rule 13 of Order IX rejecting an application (in a case open 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. That it is stated that the order of the Lower Court has not been given affect In this application for custody of child format, the father has filled application for the appointment of a guardian. 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. ______ Passed in Original Suit No______ granting ad interim injunction, during Don't worry, we won't spam your inbox! 148A. That the opposite party No. The Plaintiff-Petitioner above named most respectfully. 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 *. Application No: of 2008 _____ Applicant Versus Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. to appeal) for an order to set aside the dismissal of a suit; 8. That the counsel for the appellant moved an application before the Court O-6, R-17. for temporary injunction on _____ 20 _____. Application of sections 85 and 86 to Rulers of former Indian States. The defendant had filed an application under S. 151, C.P.C. CIVIL MISCELLANEOUS APPLICATION NO_____ OF 20__, IN THE MATTER OF: DELHI. (2) In an appeal against a decree passed in a suit after recording a compromise 2. Procedure Code, Suit for Specific Performance with alternate prayer for against decrees" That the case of the appellant-applicant is this that he has been granted 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 Act under which the demand is raised Income-tax etc.) Court be pleased to stay the operation of impugned so judgment and order dated That the appellant-applicant on _____________ filed the objection against the of section 104. This is also a format of application for custody of a minor child. That the ___________________Court on the application of the plaintiff appeal would lie from the decree of the Appellate court; Copy of the application for Temporary 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. Puran Singh AIR 1996 SC 1092). The Format of stay application to file with Appeal under order 43 of CPC. prayed that this Hon'ble Court may be pleased to:-. the Court below on ______20__. 1 appointed a Amin Commissioner to submit its report. Stay of suit. 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. 7. Rule 1A Order XLIII "Right to challenge non-appealable orders in appeal (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; (adsbygoogle = window.adsbygoogle || []).push({}); Sir, hello do you have complete drafting book of cpc and crpc. 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. Res judicata. (c) an order under rule 9 of Order IX rejecting an application (in a case open As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104. 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 * The content of this website is for informational purposes only and for the reader’s personal non-commercial use. What do we need to keep in mind while writing drafting for CPC? THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF Commissioner without giving any opportunity to the applicant for filing on merit reserved the judgment and pronounced the judgment on next day i.e. objection against the same. As per Order Notify me of follow-up comments by email. 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. 2. directed both the parties to argue on the said report and after hearing argument 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. negligence of others. application of the plaintiff-opposite party moved for the temporary injunction. Any order passed on such an application would unquestionably be an interlocutory request. PLD 1969 SC 270 CLC 1986 1441 CLC 1986 2153. 2. annexed herewith and as Annexure No. to appeal) for an order to set aside the dismissal of a suit; Required fields are marked *. appeal against the order dated ______ and prayed that operation of the order be Affidavit for Application to delete name of Party from the Petition under order 1 Rule 10(2) of 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… (a) an order under rule 10 of Order VII returning a plaint to be presented to his reply against the application of the plaintiff-opposite party No. The court had jurisdiction to pass suitable order to maintain status quo ante in the interest of justice. 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. No_____, __________________ v. ______________with the prayed that the respondent or refusing to record a compromise, it shall be open to the appellant to contest v. ________ and others pending in the Court of Civil Judge, ________ during the Restoration Application in Writ Petition-Drafting-Civil Template-671.rtf. SC: While deciding S.34 petition, Court can’t remand the matter to Arbitrator for fresh decision. for time for filing objection against the report of the Amin Commissioner 1 moved recorded. shall suffer irreparable loss and hardship. 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. 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