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STANDARD DEFENCES TO BE RAISED IN THE WRITTEN STATEMENT TO THE PLAINT (CIVIL SUIT)
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Download Civil Suit Formats Online. The Plaintiff/s has/have filed the Civil Suit against the Defendant/s. These are the standard defenses normally adopted by the Defendant/s in the Written Statement/Reply.
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SUIT FOR FORECLOSURE OF MORTGAGE
The Defendants have availed financial facility from the Plaintiff against the Mortgage of their property. The Defendants have failed to pay the mortgage debt to the Plaintiff. The Defendants have failed to redeem the Mortgage. The Plaintiff claims to be entitled to foreclosure the mortgage and become the Owner of the mortgaged property. This is the precedent of a suit for foreclosure of mortgage.
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INTERPLEADER SUIT
When two or more persons claim adversely to one another the same amount or property from another person who claims no in interest in the same save and except for his cost/charges. For the purpose of obtaining a decision as to whom the payment should be made or property should be delivered, he needs to file an Interpleader Suit before the appropriate court. This is the precedent of an interpleader suit.
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SUIT CHALLENGING THE TERMINATION AND SEEKING SPECIFIC PERFORMANCE
The Parties had entered into an Agreement. One party has terminated the Agreement. This is a precedent of a suit by aggrieved party challenging the termination and seeking specific performance of the Agreement and for consequential reliefs.
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SUIT FOR A DECLARATION THAT THE AGREEMENT STANDS VALIDLY TERMINATED
The Parties had entered into an agreement. One party has terminated the Agreement. This is a precedent of a suit for a declaration that Agreement is validly terminated and for consequential reliefs.
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SUIT FOR RECOVERY OF THE REMAINING PRICE OF GOODS ORDERED WHEN DELIVERY NOT ACCEPTED
The Purchaser of the goods, though made part advance payment, has refused to accept the delivery of goods. This is a precedent of a Suit for recovery of the remaining price of goods ordered but delivery not accepted and for consequential reliefs.
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SUMMARY SUIT BASED ON DISHONOURED CHEQUES
This is a precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 for recovery of the amount based on the dishonoured cheques.
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SUIT CHALLENGING THE REGISTERED GIFT DEED OF AN IMMOVABLE PROPERTY
A person desires to challenge the registered Gift Deed of an immovable property. This is a precedent of suit challenging the registered Gift Deed of an immovable property.
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SUIT ON TITLE FOR A DECLARATION THAT THE PLAINTIFFS ARE THE OWNERS OF THE PROPERTY AND FOR POSSESSION
Your Ownership right to the property are disputed. This is a precedent of Suit on Title for a declaration that the Plaintiffs are the owners of property and for possession and also for consequential reliefs.
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APPEAL FROM ORDER TO BE FILED BEFORE THE SUPEIROR COURT AGAINST THE ORDER PASSED BY LOWER CIVIL COURT IN AN APPLICATION FOR INTERIM RELIEFS
Appeal from Order is to be filed against certain orders passed in a suit before its final decision as provided under Section 104 read with Order 43, Rule 1 of Code of Civil Procedure, 1908.The trial court has passed an interim order and which is required to be challenged before the higher or superior court. This is the precedent for the same.
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SUIT FOR SALE OF MORTGAGED PROPERTY (SIMPLE MORTGAGE)
The property is mortgaged. Mortgaged debt is not paid. Mortgaged Property is required to be sold through Court. This is a precedent of suit for Sale of Mortgaged Property and for consequential reliefs.
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APPLICATION FOR RAISING THE WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY UNDER ORDER 21 RULE 54 OF THE CODE OF CIVIL PROCEDURE, 1908
The immovable property of a third party is attached in execution of a decree of the Court. This is a precedent of an application for raising Warrant of Attachment of immovable property under Order 21 Rule 54 of Civil Procedure Code, 1908.
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AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF TO BE FILED UNDER ORDER XIX READ WITH ORDER XVIII RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908.
The Examination of a witness by a party who calls him shall be called his examination in Chief. It is a province of a party by whom the witness is called to examine him in chief for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party's case. This is a precedent of an affidavit in lieu of examination in chief to be filed under Order XIX read with Order XVIII (4) of The Code of Civil Procedure, 1908 with averments to prove document u/s. 65 (B) of the Indian Evidence Act, 1872 along with requisite Certificate also with averment to prove documents by Secondary evidence.
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