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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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SUMMARY SUIT FOR RECOVERY OF AMOUNT FOR GOODS SOLD AND DELIVERED
This is the precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 before appropriate court for recovery of amount for goods sold and delivered.
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SUIT FOR DECLARING A PERSON WHO IS NOT TRACEABLE AS DEAD AND FOR SEEKING DIRECTION AGAINST THE CONCERNED AUTHORITY TO ISSUE HIS/HER DEATH CERTIFICATE
A person is missing for over a period of seven years and his whereabouts are not known in spite of efforts by the family and the Police Authorities. This is the precedent of a suit for declaration that missing person is presumed to have died and asking the authorities to issue Death Certificate of such a missing person.
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AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF TO BE FILED BEFORE THE ARBITRATOR 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 Rule 4 of The Code of Civil Procedure, 1908.
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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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CIVIL SUIT TO RECOVER MONEY (NOT A SUMMARY SUIT)
This is a precedent of Regular Civil Suit to recover money from the Defendant (Not a Summary Suit).
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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRST APPEAL WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT IF THE CASE INVOLVES A SUBSTANTIAL QUESTION OF LAW (SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908)
"The decree/ judgment passed by any appellate Civil Court in the first appeal which court is sub-ordinate to High Court can be challenged by way of a second appeal before the High Court provided the case involves a substantial question of law. This is a precedent of Second Appeal under Section 100 of the Code of Civil Procedure, 1908."
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SUIT FOR ADMINISTRATION OF THE ESTATE OF THE DECEASED
The disputes and differences have arisen amongst the legal heirs of the deceased in respect of the estate of the deceased. This is a precedent of Suit for Administration of the Estate of the Deceased.
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SUIT FOR DISSOLUTION OF A PARTNERSHIP FIRM AND FOR IT’S ACCOUNTS
A Partnership Firm is dissolved by notice or otherwise. This is a precedent of Suit for Dissolution of a Partnership Firm, for accounts and for consequential reliefs.
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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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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 BASED ON PERSONALITY RIGHTS
The Plaintiff is a Celebrity having personality rights. The Defendant is wrongfully attempting to use Plaintiff’s name and other personality rights without the consent of the Plaintiff for commercial gain. This is a precedent of suit based on personality rights for an injunction and consequential reliefs.
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