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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 PUBLIC NUISANCE
The Defendant is causing public nuisance to the public at large and particularly the residents of a locality. This is the precedent of a suit for public nuisance restraining the Defendant/s from causing and continuing to cause such nuisance.
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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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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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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 FOR EXECUTION OF A FOREIGN JUDGMENT/DECREE PASSED BY A NON-RECIPROCATING COUNTRY
A foreign Judgment/Decree is passed by a Non-Reciprocating Country against Indian Party who desires to execute the foreign Judgment in India. This is a precedent of suit for execution of a foreign Judgment/Decree passed by Non Reciprocating Country.
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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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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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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 FOR DECLARATION THAT PURPORTED AGREEMENT IS VOID AND, IN ANY EVENT, THE SAME IS VALIDLY TERMINATED
The Parties have entered into an Agreement. One of the parties is contending that the Agreement is void and, in any event, the same is terminated. This is a precedent of suit for declaration that purported Agreement is void and, in any event, the same is validly terminated.
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SUIT FOR DISPARAGEMENT IN RELATION TO COMPARATIVE ADVERTISING
The Plaintiff and the Defendant both are manufacturers and marketing of similar Products. The Defendant has released an advertisement comparing its product with Plaintiff’s product misleading the consumer as a result of comparison amounting to disparaging to Plaintiff’s products. This is a precedent of Suit for disparagement in relation to Comparative Advertising.
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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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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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