Main Prayer:
Petition filed Under Order XXXIX R/W 151 Civil Procedure Code:
For the Reasons stated in the accompanying affidavit temporary injunction may be granted in favour of the petitioner restraining the respondent and his representatives and men from interfering with my peaceful possession and enjoyment over petition schedule property till the disposal of the suit in the interest of justice.
Schedule of Property:
All that property of one hundred square yards land situated in the survey no.237/2 of Shameer Pet Village.
East: Thirty feet Main road; South: Sreenivas Reddy land
West: twenty feet road; North: Raju’s land.
Place and Date: Advocate for Petitioner/Plaintiff
S.148A CPC:AFFIDAVIT
I Ram S/o………, Age:…….Occ:………, R/o: …………., Ranga Reddy District, do hereby solemnly affirm and sincerely state on oath as follows:
1) I am the petitioner and plaintiff of this suit as such I am well acquainted with the facts of the case.
2) I respectfully submit that I am the absolute owner and possessor of the petition schedule property. I purchased it property from one Raghav by way of sale deed dated 12.03.1984. Since then I have been in possession of the same without interruption from any person. Further, my name is also entered in relevant revenue records.
3) I shall further submit that as the matter stood thus on 17.10.2011,while I was working on the land with my employees, respondent who is the adjacent land holder with an intention to occupy the petition land aided by unsocial elements and made an attempt to dispossess me and when I questioned the same, respondent left the land.
4) IN these circumstances the Caveator is expecting that the petitioner may file a Injunction suit besides an Interlocutory petition restraining the respondent not interfere into the land. However, I am afraid that by obtaining the exparty injunction over his land respondent under the guise of exparty inunction he may occupy the petition land.
5) The Caveator desires that he may be given notice of the filing of the suit as and when the same is filed by the petitioner, to enable him to appear at the time of hearing for admission.
6) Copy of this Caveat has been sent by Regd.A.D. Post to the petitioner.
It is therefore most respectfully prayed that nothing may be done in the Injunction suit that may be filed by the petitioner without notice to the Caveator or his counsel.
Date & Place: Hyderabad, .08.2011 Deponent
Sworn and signed before me on this day of January at Machilipatnam, Identified by Shri Advocate Hyderabad.
Main Prayer:
Petition filed Under S.148 A r/w 151 Civil Procedure Code
For the Reasons stated in the accompanying affidavit that nothing may be done in the Injunction suit that may be filed by the petitioner without notice to the Caveartor or his counsel.
Petition for Set Aside the Ex Parte Decree
AFFIDAVIT
I Ram S/o………, Age:…….Occ:………, R/o: …………., Ranga Reddy District, do hereby solemnly affirm and sincerely state on oath as follows:
1) I am the petitioner and plaintiff of this suit as such I am well acquainted with the facts of the case.
2) I respectfully submit that respondent/plaintiff filed the suit on the basis of an alleged pronote. The suit stands posted to…………..for my appearance.
3) I submit that on the day of fixed for appearance I couldn’t appear before the court due to high fever and got hospitalized. In those circumstances, I was set ex part on ………and the suit was posted for the very next day i.e., ………..for examination of the respondent. On that day respondent was examined and an exparte decree was passed.
4) I submit that on filing of execution of petition and attachment of my movable property I could recollect about summons received long back. Thus there is no willful default or negligence on my part in non appearing before the court. I submit that I am having a good case and if the ex parte decree passed against me was not set aside, I will suffer great loss and hardship.
It is therefore prayed that this Hon’ble court may be pleased to be set aside that ex parte decree passed against me on……..unless I will suffer great loss.
Deponent.
Main Prayer:
Petition filed Under OIX Rule.13 Civil Procedure Code
For the Reasons stated in the accompanying affidavit, the petitioner/defendant prays that this Hon’ble court may be pleased to pass an order setting aside the exparte decree passed against him on ………..and to pass such other order that this Hon’ble court deems fit and proper in the circumstances of the petition.
Petition filed u/s.5 of the Limitation Act
AFFIDAVIT
I Ram S/o………, Age:…….Occ:………, R/o: …………., Ranga Reddy District, do hereby solemnly affirm and sincerely state on oath as follows:
1) I am the petitioner and plaintiff of this suit as such I am well acquainted with the facts of the case.
2) I respectfully submit that I want to file a petition u/OIX R.13 CPC as against the judgment in OS no……..of ….. I submit due to high fever, I got hospitalized as a result I fail to appear before the court and contest the suit. I came to know about the above proceedings few days back. So I could not file the above petition within time. The delay of one year is neither willful and wanton. I am herewith enclosing the doctor certificate also. It is therefore necessary that the Honourable court may be pleased to condone the delay in filing the appeal, otherwise, I will put to serious and irreparable loss.
Main Prayer:
Petition filed Under OIX Rule.13 Civil Procedure Code
For the Reasons stated in the accompanying affidavit, the petitioner/Plaintiff prays that this Hon’ble court may be pleased to pass an order condoning the Delay of one year in filing the petition u/OIX R.13 CPC and to pass such other order that this Hon’ble court deems fit and proper in the circumstances of the petition.
Petition filed u/s. OXXXVIII, Rule 5 CPC
AFFIDAVIT
I Ram S/o………, Age:…….Occ:………, R/o: …………., Ranga Reddy District, do hereby solemnly affirm and sincerely state on oath as follows:
1) I am the petitioner and plaintiff of this suit as such I am well acquainted with the facts of the case.
2) I filed the main suit against the respondent/defendant for the recovery of suit amount due under the pronote executed along with interest. The respondent/defendant is having suit schedule property, except the petition schedule property, he has no any other properties. I come to know that the respondent/defendant is trying to alienate the petition schedule property in favour of others with an intention to evade the payment of the suit debt and to delay the decree that may be passed against him. If he succeeds in his attempts, I will suffer great loss. It will be difficult for me to recover the suit debt. Hence, it is just and necessary, to order the respondent to furnish sufficient security to the suit debt and in case he fail to furnish security to attach the petition schedule property before judgment, otherwise, I will put to serious and irreparable loss.
Deponent.
Main Prayer:
Petition filed Under OIX Rule.13 Civil Procedure Code
For the Reasons stated in the accompanying affidavit, the petitioner/Plaintiff prays that this Hon’ble court may be pleased to pass an order directing the respondent-defendant to furnish the petition schedule property as security for suit amount and for attachment of petition schedule property before judgment in case if he fails to furnish security and for such other orders that this Hon’ble court deems fit and proper in the circumstances of the petition.
Petition filed u/s. OVI, Rule 17 CPC
AFFIDAVIT
I Ram S/o………, Age:…….Occ:………, R/o: …………., Ranga Reddy District, do hereby solemnly affirm and sincerely state on oath as follows:
1) I am the petitioner and plaintiff of this suit as such I am well acquainted with the facts of the case.
2) I am the petitioner/plaintiff herein submit that I filed the suit for injunction and the respondent/defendant by way of written statement denying the title of plaintiff as such petitioner wants to add the relief of declaration so as to avoid multiplicity of suits.
3) I shall submit that the adding above relief is based on same cause of action based in the suit. Hence, it is just and necessary to amend the plaint so as to add the relief of Declaration in the plaint as “To declare that plaintiff is the owner and possessor of the suit suit property” in the relief portion of the plaint as otherwise, I will suffer great loss.
Deponent.
Main Prayer:
Petition filed Under OVI Rule.17 Civil Procedure Code
For the Reasons stated in the accompanying affidavit, the petitioner/Plaintiff prays that this Hon’ble court may be pleased to permit the petitioner-plaintiff to amend the plaint and to pass such other order that this Hon’ble court deems fit and proper in the circumstances of the petition.
| Temporary Injunction (O.39) | The Purpose of S.94 is to Preservation of right of parties pending suit |
| Temporary Injunction – Meaning | It’s an order granted pending disposal of suit. It operates only during the pendency of suit. It’s object is to Preserve of right of parties pending suit. It is granted for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit.It can be granted even to restraining the defendant from repetition or committing continuance breach of contract or other injury provided suit is filed for such purpose. |
| Against whom it can be granted | It can be granted against any party to the suit. If the Property in dispute is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree. |
| Remedy in the event of violation of Temporary Injunction | As per Rule 2A: If there is disobedience or breach of order granted rule.1 & 2, the court may order attachment of property and may also order such person to be detained in civil prison for a term not exceeding three months.The attachment made under this order shall not be in force for more than one year. IF the disobedience or breach continues, the property attached may be sold and out of the proceeds, the court may award such compensation to injured party and balance to the party entitled. |
| Exparty ad interim temporary –Meaning. | Injunction granted in favour of petitioner without notice to respondent. Court can make such order only if the delay in granting would defeat the purpose. |
| Procedural formalities upon grant of exparty ad interim T.I | Applicant after issuance of injunction, to deliver to the opposite party by registered post the following:-a) a copy of the affidavit filed in support of the application, b) a copy of the plaint, c) copies of document on which the applicant relies.The proof of delivery shall be filed along with affidavit on the same day or very next day.As per Rule.3A the Court upon granting exparty ad interim temporary injunction shall dispose the application within thirty days from the date on which it is passed. If court is unable to do so, it shall record reasons for its inability. |
| Power to Vacate injunction granted | Rule.4: If injunction order is passed after hearing both parties, the order shall not be varied discharge or set aside. However, there is a change in circumstances or order has caused hardship to party it can be varied, discharged or set aside.If the injunction order is passed without notice and such order is passed in view of false or misleading statement given on affidavit w.r.t material particulars, the court by recording reasons shall vacate the injunction. |
| T.I against corporation – It’s binding effect | As per Rule.5 If an injunction is directed to a corporation, it is binding not only on the corporation itself but also on all members and officers of the corporation whose personal action it seeks to restrain. |
| Power to order for sale of the property | The court may on the application of any party to the suit order for sale of the property in the following conditions:a) If it is movable property, b) It is subject matter of suit or attached before judgmentc) It is subject to speedy and natural decay d) For any other just and sufficient cause it may be desirable. |
| Power to order for detention, preservation, and inspection etc., of subject matter of suit | As per Rule.7 the court can order for detention, preservation, and inspection etc., of subject matter of suit.The Provisions as to execution of process dealt under O.21 CPC will apply. |
| Power to order for deposit of property | Yes, as per Rule.10 if the subject matter of suit is money or anything capable of delivery, the court may order for the deposit of the same in the court or deliver to opposite party. The same rule applies if any party admits that he holds such money or property either as a trustee, possessor or person having its entitlement. |
| Principles for Grant of Temporary Injunction | The principles for grant of temporary injunction i.,e any of the above order are : i) Prima facie case ii)Balance of convenience iii) irreparable injury. Irreoparable injury is one which is substantial which cannot be remedied by damages.iv) the conduct of the parties. |
| Arrest and Attachment before Judgment | Normally and naturally in the absence either property of defendant or defendant himself, getting decree serves no purpose as decree holder can’t seek either attachment of property or arrest of judgment-debtor. To meet this end only O.38 is designed. O38 R.1 empowers court to demand security from the defendant to ensure his presence during the pendency of the suit and whereas R.5 aids the court to demand security from the defendant to prevent the disposal of property by the defendant. If such orders of the court are violated by the defendant, court can arrest the defendant in civil prison or sold the property attached. |
| Conditions for demanding Security for appearance and order for arrest: | The grounds for exercising power R1 are very wide. The court can demand security from the defendant if the defendant either removing property or abscond or leaving the limits of court. Further such either removing property or abscond or leaving the limits of court is intent to obstruct or delay the execution of any decree or with intent to delay the plaintiff or to avoid any process of the court that may be passed against him. It must be noted that O.38 R.1 doesn’t apply to suits mentioned under S.16 (a) to (d) of CPC. |
| Conditions for Attachment before Judgment | The grounds for exercising power R5 are very limited. Court makes order for furnishing security only for the purpose of removing or disposing of the property by the defendant. Further such removal or disposing of property is done by the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him. The Small causes court has no power to attach immovable property. |
| Right of Third party to give surety under O.38 R.1 | A third party can give surety. The whole purpose is to ensure satisfaction of decree that may be passed against defendant and presence of defendant is only an incidental affair. Hence, any person given security and in such S.145 would apply. However, if the surety holder wants discharge either he shall pay money or make an application. The court before disposing such application shall give notice to the defendant and direct him to furnish security. If he fails to furnish he may be committed to civil prison for a period of six months. If the suit claim is less than Rs.50/- detention in civil prison shall not be more than three months. If payment is made or security is shown, detention gets setaside. |
| Miscellaneous | As per R: 7: The attachment of property under this order shall be made in accordance with O.21 CPC provided it is not contrary to the provisions of this order.As per R: 8: If any claim is preferred to property attached before judgment, it must be adjudicated like adjudication of claims to property attached in execution of a decree for the payment of money.As per R9 under two circumstances attachment made shall be withdrawn: a) If the defendant furnishes security together with costs of the attachment b) If the suit is dismissed.As per R.10: The rights of the persons prior to the attachment wouldn’t affect and also any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of decree.R.11A: (1) The provisions applicable to an attachment made in execution of a decree shall be applicable to the attachment made before judgment.(2) If the suit is dismissed for default attachment made under this section would not revive merely because suit has been restored.As per R: 11: The Property is once attached under this order, need not be attached again for the purpose of execution of decree.As per R: 12 the court cannot pass an order for the attachment of any agriculture produce which is in possession of agriculturist. |