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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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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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SUMMARY SUIT FOR MONEY LENT AND ADVANCED
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 before appropriate court for recovery of money lent and advanced.
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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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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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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 SPECIFIC PERFORMANCE
The parties have entered into an Agreement. The disputes have arisen. This is a precedent of Suit for Specific Performance.
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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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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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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 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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SUIT FOR RECOVERY OF POSSESSION U/S 6 OF SPECIFIC RELIEF ACT, 1963
A person is forcibly dispossessed from the property without process of law. This is a precedent of suit for Recovery of Possession under Section 6 of Specific Relief Act, 1963.
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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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