164 S8H88ULE No.

1
for rc,istration. (RuJo 3) , To
Application

OF

FORMS

IN TH~ HIGII COURT OF JUDJC;ATURE AT BOMBAY

ORIGINAL SIDE

The Prothono,tary alld Senior Master, High Court, Bombay. Sir, Please enter my/our firm's name in the Register of Advocates under Rule 3 of the Original Siqe &ules. I/Wb furnish the following particulars :(i) Full name (in case of a firm, name ofthe firm anc1full names of all partners) (Surname should be first). (ii) Date of enrolment (in case of a firm, date of enrolment of each paltner). (iii) Address of Office as provided in Rule 6 and full name of the Clerk or Clerks who will accept service. (iv) Pl'll name of the I{egistered Court ClerIo or Clelks as provided in Rule 8.
,

I/We undertake to strictly abide by the Rules in Part I of the Higb Court, Origi nal Side Rulei aad to inform you immediately of any change in tl.~ above particulars. .
.

Yours faithfully,

---No.2
Proposal to d csignatc A d voca~

To

The Honourable the uhief Justice and the Judges oftl'e High uourt of Judicatur8 as Senior at Bom bay. Advocate. (Rule24) MAY IT PLEASE YOUR LOa.D8HIPS .
.

I,
Kumari :... ""'" """"" ..,.

propese .Shri/Shrimatif
..wrowa~enrolled

(Name (lte.) . as an Advocate by the :Bar uouncil of Maharashtra on... . . . . . . . . . . . . . . . . :... .. .. (Date) and who continues to be on the Roll of Advocates maintained by the said Bar ()ouncil andwhohasbeenpractisinginthis {;ourtfin the. Court at for the last years fer being dc.signatcd as Senior Adyocate, as in nay opinion by virtue of his/her ability, expeliaence and staAdin, at the Bar he/she is deserving of such di~tinction. Dated this day of 19......

Advocate. Dated this

I hereby express my consent to be

..,. . . . . . . . . . . . . . . . . .. desiinated day ef

as Semer

19 (Signature of the Sewer Advocate).

,.

($ignature of the Adyocate coBceraeti).

No.3 t, """"""' , the abovenamee soIemaly declare that what is stated in paragraphs. . . . . . . . . . . . . . . . .. is true to my .Wlt knowledge, aad that what is stated in the remaining paracrrapbs . . . . . . . . . . . . . . . . . . . . . .is stated oa iaf~fIllation aad belief, ami. I gelieve the same
Verifica~iol oftipla::ts . ~~adi~ (Rule 44).

t. betrue.

SE>IemDl}declared at Bomba~

this. .. . . . .. . .day of. . .. . .. . .. 19 f

L
Beforeme,
Assistant Master/Associate, Hi~h Gourt, Bombay.

166' NO.4"
Apparance af party ill parsoo. (Rules 49 and 56).

Il'Ic1HB HIGHCOUJ.tT

OF JUDICA'NJR8AT

BOM13AY

ORDINARY OruGINAL CIVIL JUJUSDICTION

Suit ~o.

of 19 .

.
versus """""""""'"
To

'Plaintiff.
'",
>,... Defolldint.,
~

.'... .,
and Senior Master,

......

The'Pn;thonotar) Hi~h Court, Bomba}. Sir,

Please!~nt~f'my app~arancs intho'aT.ovo suit. My address for service is as under :(here eive address for service).

Datodthis

,.day'ef

19 .

"""""""""""""'" Plaintiff (Signatere 'ef the Bereadant

. )

168

.
\

No.6 IN THE IUGH OOURT OF JUDIOATU RE AT 80MBAY

ORDINAI1.Y ORIGINAL (;IVIL J~I!lDICTION

PetitiOJ!l

to

appoiat guardian IlII-/item (Rule 64)

SUIT No.

OF 19

Suit No
.'

Ipthematter of..
:

::..'..;

is the Defendant.

wherein

isthePlaintiffandthe..........

..aminorandinthe

matter of

.",,""..:""."..""'.""'."'."".."'..".."

Petitioller.

, To The Hon'ourable the Chief Justice and Judges of the Hi,h Gourt. The Petition of the Petitioner abovelWfte4
Sheweth :~

1. That .. .. . .".. .. ..is desirous of this Honourable Gourt against............................................

bringing a suit ia

2. That isaminor under the age........................ . . . . . . . . .. . . . . . . . . . . .. . . ..having been born Oll... . . . .. . .being the ale of. . .. .. (State the date of birth, iftnown or otherwisestate the age). 3. That is the guardian of the minor appointed or declared by an authority competent in that behalf or the testamenta~yguardian or the natural guardian of the minor. 4. Thatthesaidminorisinthecareof.................................... and resides with. him.
5. That your petitioner has by letter dated.

. . . . . . . . . . . . . . . . . . . . . . . served requested................................

oa

to consent to act as guardian for the suit of the said minor.

the consent hereto annexed signified his wiIIingnessto act as such guardian. 7. That the said...i or }ndirectly adverse to that of tbe minor.

suchconsent(state reasonif any) but that. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .has by

.has no interest directly

6. That hereunto annexedis his consent in writing.. . . . . . . . . . . . . . . . .. . . '. . . . . or Thatthesaid hasneglectedor refused togi?e

8. That he is otherwise a fit and proper person to be such guardian. Yourpetitionerthereforepraysthatthesaid

or some other fit and proper person be appointed guardian for the suit of the said minor Defendant.

169
No.7 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL (,IVIt. JURISDICTION

SUITNo. ..

OF 19

Notice of applicatisD to a~point guartiilUl 1Ul-/items (RwIe 66.)

Plaintiffand. . .. . . .. . . .. . . .. . . .. . . . . .. .. . .. . . . .. . . . . .. . . .. ..
Petitioner.
To Take notice that the plaintiff in the above suit has applied
'

In the matter of and in the matter of Suit Nc

wberein

'.................

a .inor

,...

is the

is the defendant.

to this (,ourt to have '

or

..

some other fit and proper person appointed guardian for the suit of the said minor defendant and that the Prothonotary and Senior Master wiI1on the. . . . . . . . . . . . . . ,. dayof 19 proceed to appoint the said.... orsomeotherfit and proper person to be such guardian unless you or any of you appear and show good cause against sueh appointment or propose s9me more fitting person.

Datedthis....................

da)' of

19

Prothonotary and Senior Master.

Sealer

The

day of

19.

Advocatefor....................

6-1.98.23.

170 No.
Writ of -111895 18 a matrimonial suit other tltaD a suit IUIder the Indian Divorce Aot. 1869 (ft.ule ~).

L~ THJi: HIGH OOURf OF JUmCA'rU RE AT BOMBAY

ORDlNARY ORIGINAL CIVIL JURISDICTION

SUIT No. versus

""""""""""""""

OF 19
,.
... PLAINTIFE. DEFNDANT,

To """""""""""""""""""""

.. .. .(Defendant)

Whereas the Plaintiff abovenamed has instituted a suit against YO!;,as set out iu the plaint hi~!'ein,wi'creofthe fvllowing is a concise statement, viz :You are hereby summoned to appear in this Court to amwr the Plaintiff's claim oathe dayof 19 at 11 O'clock in the forenoon, either in person, or by an Advocate entitled to practise in this GoUlt duly instructed and able to answer all material que,,1ions relating to the, ;Uil, 0]' who shaH be accompanied by some other person able to answer all such questions and as the day fixed for your appearance is appointed for the final disposal of the suit, you are required to produce all your \\oitnesses on that day and all the documents upon which you i ntrnd to rely jn support of your defence, and 1 ake notice that in default of your appcar:\!:ce either in person 0.' by an Advocate OQtge day before mentioned, the suit will be heard and determined in yom absence. Witness aforesaid, tbis , day of Chief Justice at Bombay 19.

Prothonotary and Scnior Master.

Seakr The day of Advocate for the Plaintiff: Address:

---~-- ,--,--

19

.
"'-

N. B.- A copy of thc 1 laint will b; furnish.:d to b~ Defcndc'at by the Plaintiff or his Advocate, on demand.

;---

171

No.9 IN THE HtGH OOURT OF JUDIC4.TURE AT BOMB4.Y

ORDINARY ORIGINAL (,IVIL JURISDlCIlON

SUIT No.

OF

19 .

.PLAINTIBP ........ ....

To

Writ of summ.ns iil 3 suit other than a summary' suit or a matrimonial suit (Rule 6').

...,

versus ,...,..,..,

".......

DEFENDANT.

""., (Defendant) "",."...,.,...,.."',..", :.."...,. Whereas the above named Plaintiff !:>as instituted a suit against you, as set out in t}le plaint herein, whereof tlte fe!lowing is a concise statement, vi:: :-

You are hereby required to file in tbis Court an appearance in person or a vaka latnama and a written statement of YClJfdefence and serve a copy of the written statement on the Plaintiffwithin 12 weeks from the service of this summons upon you. And whereas the suit will be placed for directions on the board of the Judge in Chambers on the day of 19 .

the Plaintiff'sclaimon the said ,

You are hereby summoned to appear before the Judge in Chambers to answer

day of

,...1'

at 11 O'clock in the forenoon, either in person or by an Advocate entitled to practise in this (,ourt duly instructed and able to answer all material questions relating to the suit, or shall be accompanied by some other person able to answer all suck questions, and Take notice that on the,day before mentioned after hearing parties who appear directions will be given by the Judge as to the date of trial and other matters COBcerning the suit, and , Take further notice that if you fail to file your appearance in person or a vakalatnama and written-statement as directed above, or if you fail to appear before
.

the Judge on the day before mentioned the suit may be ordered to be set down on Board en the same day or any subse<iuent day as "undefended" and you will be liable to have a decree or order passed against you. '

aforesaid. this

Witnes~

day of

CJhief Justice
"

19

at Bombay '

ProthonotaryandSenior

!\.:faster.

Seale! The , , day of..., Advocate for the Plaintiff: Address: J9 .

N. B.-A copy of the plaint will be furniS'hedto the Defendant by the Plaintiff or his Adv('catc, on demand.

172 No. 10
Writ of SumlnOnsin a sum mary suit

IN THE illGH OOURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL ,(;IVIL JURISDICTION

(R1Ilc ").

- SUIT No.

OF 19

.
........
.......
PLAIN11PP

.
""""""""",""""~~;;~,;"""""""""'" ',""'" .'.. ,':"""""""""""""" To

D.aFmmANT.

Defendant. Whereas the Plaintiff abovenamed has instituted a suit against you under Order !XXXVII ofthe Code of Civil Procedure,. 1908 , as set out in the plaint herein whereof the following is a concise statement, viz :' You are hereby summoned to cause an appearance in person or a Vakalatnama to be entered for you ir. this Court within ten days from the service hereofupon}'ou ; in default whereofthe plaintiff will be entitled at any time after tl:-eexpiration of such

tel' da}sto obtain a decreefor any sum not exceedingthe sum of as. . . . . . ..
and the sum of Rs.. . . . . . . . . . . . . . . .for costs together with such interest, as the Gourt may order.

if any

. ......

If you cause an appearance in person or a Vakalatnama to be entered for' you, the Plaintiff will thereafter serve upon you a Summons for Judgment at the hearing of which you will be entitled to ask the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the (;ourt by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable trat you srould be allowed to defend the suit. . Witness.~ Chief Justice at

Bombay aforesaid, this

da} of

19

Prothonotary and Senior Master. Sealer

The day of Advocate for the Plaintiff. Address.

19

113 No. 11
IN THE HIGH OOURT OF JUDIOATURE .\T BOMBAY
ORDINARY ORIGINAL (;IVIL lURISDICfION
I~

SUIT

No.

OF

19 PLAINTIFF.

SUDDDons for judgmen in summary suit (Rule 221).

..............
""""~;;s~
...n """""""""""""""""""

DBFFNDANT.

Let all parties concerned attend beforethe Judge in (,hamt>ers on the. . . . . . . . . . . . day of. . . . . . . . . .19 at 110' clockiDthe forenoon at the hearing of an application on the part of the Plaintiff that judgment be entered for the Plaintiff in this suit against the defendant for Rs , as set out in the plaint herein. and for interest and cost. Dated this day of This summons has been issued at the instance of .Advocate j 19 .

for. . .co ........

Signature of) Advocate for

".....................-

To (State names of parties).

N.B.-Affidavit of
10

dated the

day of...........

\Yillbe used in support of the Summons for Judgment.

174 No. 12
Chamber SummollS (Rule126). TN UIE ffiGH COURT OF JUDICATURE AT BOMB4Y
ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF 19

. PLAINTIFF.
""""""""""""""~erS&lS .' "" DEFENDANT.

Let all parties concerned attend before the Judge in Ghambers on. . . . . . . . . . . . . . . . the dayof 19 atl10'clockintheforenoon on the hearing of an application on thf'- part of the (plaintiff or Defendant, as tl:e case may be)Jor (specify relief claimed). Dated this day of 19

1his 0hamber Summons has been issued at the imtance of. . . . . . .. .. . . . . ..

Advocate for................................

(Signature of)

Advocatefor................
To (State names of parties).

NB-Affidavit

..

. . . . . . . . . . . . . . . . . . . . . .19 Summons.

of

will be used in support of this Gllamber

dated

the

day

of

i1$
No. 13 IN THE HIGH COURT OF JU~ICATURE AT BOMB;\~
ORDINARY ORIGINAL CIVIL JURISDICTION Notice motion (Rule 24).

SUIT No.

OF 19
' , """ PLAINTIFF. DEFENDANT.

versus
,..,

1 ake notice that this Court will be moved before the Hon'ble Mr. Justice. . . . . . . . . . on the day of................ "19 at 11 O'clock in the forencon by the abovenamed Plaintiff for an order . 'that (specif} relief claimed). Defendant (If leave for a special day and hour has been obtained or if interim relief has been g!anted, add as follows):And take notice also H',at leave to give this notice fof the da} and hour aforesaid bas b~cn obtained from the Hon'ble Mr. Justice.. .. . .. .. .. .. .or that the Hon'ble ,l\1r. Justice. . . . . . . . . . . . . . . .has granted the following relief: (here state the interim relief granted). Datedthis da}of 19 .
1 his Notice of Motion has been issuctl at the instance of. . . . . . . . . . . . . . . . . . . . . .

'-

Advocate for............

(Signature of) Advocate for....................

To (State names of parties)

N.B.-Affidavit ot .'. . . . . . . . . . . . .19 datedthe day of will be used in support of this Notice of Motioo.
'

i16
No. 14
Notice uDder Order XXX, Rule 5 of the Code of Civil Procedure.

IN THE WGH COURT OF JUDICATURE AT BOMBA Y

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF 19 . . . . . . .,. . . . . ". . . ... . . .. PLAINTIFF.

...: """""""""""""'~~;;~S""'"

.DEFENDANT.

the control or management ofthe partnership business ofthe firm cf

TO Take notice that the summons served herewith is served on }Ou as a partner in theDefendantfirmof or as apersonhaving

..

.....

Dated this

day of

19

for Prothonotary

and Senior Master.

Sealer

The Advocatefor

day~of ~..

19.

N.B.-Where the person served is both a partner and manager, use the following form :Take notice that the summonsserved herewith is served on you as a partner in the Defendant firm of ~ .and also as a person having tbc control or management ofthe partnership business ofthe firm of..............._."M."""""""""""""'"

177

No. 15 IN THE HIGH COURT OF JUDIOATURl AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 'Nbfic4i".r ~ ClaIM

~unter.
,,'

"

SUIT No.
n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . versus
"""""""""",,""""""""""""""""

01'

19

'.~~~te'9.$}. ,i', '"

,
:'PLAINTIFJo"
DEFENDANT.

To

The within named X. Y. Take notice that you are required to file an appearance in person or a Vakalatnama and your reply to the counter-claim of. . . . . . . . . . . . . . . . . . . . .. . . . . . .",ithi n 8 weeks from the service of this written statement and counter-claim upon you. If you fail to do so, you will be liable to have a decree passed against you on the counter-claim. The day of : 19 '. for Prothonotary and Senior Master. Sealer

The Advocate for

day of ,

19

No.

16
Notice of payment with denh.J of liability (Rule 105).

IN THE HIGH OOURT OF JUDIOATUR AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ,

SUIT No.

OF

19
PLAINTIFf;

""""""""""""""'U"v~~;~;"""""""""

.."
To
Take notice that tbe Defendant

DEFENDA~T

above named has paid into Court R.s. . . . . . . .. . .

.'

liability therefa. The

He says tbat that sum is enough to satisfy the Plaintiff's cJaimherein but denies

day of

19

for Prothonotary and senior Master \ .

Sealer ..The "J Advol:ate for~. ... .. . . u , A-1498-24. ! ,...;day of ;...;.; :'19

. . . I ..,.

118 No. 17
Third Party Notice .e: Contribtttic!tt. or Drdcmuily (J.1IJe 108).
u.~

IN T~

HIGH COURT OF JUDICATURE AT BOMBAY

OIU>I./I1AJt.Y OJt.IGINAL (,IVlL ]mUSDICfION

SUIT No.
,

OF 19
' '
,

PLAI~F;
.

. ... .. . .',
To Mr.X. Y.

versus

..;'-"""" . .. -. .. ..oo

. .. ..."""""

. ... :DEFENDANT.

1 ate noticethattbis suit has been brought by tbe Plaimifhgainst tl-e DefendaIlt(here state conciselytbe nature of the Plaintiff's claim) as surety for M.' N. upon a bond Conditioned for payment of .. .... .. .. .. .. and interest to the Plaintiff. The Defendant claims to be entitled to contribt1tion from you to tbe extent of one-balfof any sum wl-icl-the Plaintiffmay recover~against Nm, on tbe grounC' tbat youarehisco-suretyundertbesaidbond; or, also surety forthesaid.............. on respect oftbe said matter under another bond executedby you in favour of the said Plaintiff,datedthe dayof.................... OR asacceptoroh billcf exchange for. . dated tbe """""""'"

day of . . . . . . . . . .. . . . . . - -. . .drawn by you upon and accepted by the Defendant and payable three monti's after date.

.............

The Defendant claims to be indemnified by }Ou against liabiJity under the said bill on tbe ground tbat it was accepted for your accommodation. OR to recover damages for a breach of contract for tbe sale and deliver}' to tbe plaintiff

of

tonsof

'

"'"

The Defendant claims to be indemnified' by y~)U,against liability in respect of the s;::idcontract, or an) breach thereof on the ground tbat it was made by him on your behalf' and as your agent. And take notice that'lif yo"!! ~~sb to dispute tl-e Plaintiff's claim in tbissuit as against the Defendant or your l~a~dltytc the Defendant, you ~ust ent.er an ~ppearance in person or a Vakalatnama wlthm two weeks from the service of this notIce, and tile within two weeks thereafter an affidavit in reply to tbe affidavit of tl>e Defendant dated. . . . . , . . . . . . . . , . . . . . . . . .in support of the tUrd part) nC'tice, setting out briefly your case with :egard to .the tbird party notice as well as your case, if ap.y, with regard to the plaIDt.
Chambers

And wl:>ereas the suit will b~ placed fOJ directions on the board of the Judge in
ontbe day of 19

You are beleby required 'to appear before t!:-e Judge in Chambers Ct! the said dayof 19 at 11 O'clockintte forenoon eitber person or bj an Advocate entitled to practise in this Gourt duly instructed andable to answer all materiI question!) relating to the suit and/or the tbird party notice, and take notice that on the day aforementioned ~fter hearing parties who a.ppear directio~s wiJI be ~iven by, t~eJudge as ~o tlte date cf trial and other matters concermng tloe SUitand tbe thIrd party notIce; .

179
And take notice tbat if you failto enter an appearance in person or a YakaJatlHun:i1 and tc file an affidavit in reply as hereinbefore stated or to appear before tre JudIe on the da., aforementioned, you will be deemed to admit the claim stated in ths notice and will be bound by any judgment or decision :ivc-n in the suit, -.11eO'erby consent or otherwise, in so far as it is relevant to any claim stated in ths notice and the Gourt may pass against you such decree in favour of tile Defendant a'l t1'e natt're of the case may require. Datedthis dayof 19

Prothonotary

aDd Sc:nioI

1\'1 aster.

Advocate for the Defendant.

180

No. 18
Tlird Party Notice Re: Questio:> or Issue (Rule108),

IN TH;C:HIGH COURT OF JUDICATURE AT BOMBA Y

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.
"""".""""""""""""""" ver.5'JS .

OF 19 ,
, PLAINTlFF'

,...,

DEFENDANT.

To Mr.X .Y.Z.

Tak,~ notice thatthis svit hac;been brought by the Plaintiff against the Defendant
(h'~r ~stat~ cc)!1cisc!y tic nature of th~ plaintiffs claim).

The Defendant claims that the following qncstion or issue, viz. (here state concise1)' th~ question or issue to b~ determined.) should be determined not only as between the Plaintiff and the Defendant but also as between either or both of them and yourself. And take notice that if you wish to be heard on the said question or issue or to dispute the Defendant's liability to the Plaintiff or your liability to the Defendant, you must enter an appearance in person or a Vakalatnama within two weeks from the service of this notice, and file within two weeks thereafter an affidavit in reply to the a,ffidavit cfth~ D~fendant da.ted , in support of the third party notice, setting out briefly your case with regard to the tJ:.ird party notice as well as yom case, if any, with regard to the plaint; And whereas, the suit will be placed for directions on the board of the Judge in Chamb':Tsonthe dayof 19

..,

You are hereby required to appear before the Judge in Chambers on the said
dayof 19 at 11 O'c1ockin thc forenoon

either in person or by an Advocate entitled to practise in this Court duly instructed and able to answcr all material questions relating to the suit and/or the third party notice; and ' Take no,ic-: that on the day aforementioned after hearing parties who appear direclions will be given by the Judge as totl'e date oftrial and other matters concerning the suit and the third party notice; And take notice that if you fail to enter an appearance in person or a vakalatnama and to file an affidavit i 11 reply as hereinbefore stated cr to appear bfore the Judge on the day aforementioned, you wiJl be bound by any judgment or decision given in the suit, whether by COH',ent or otherwise, in so far as it is relevant to any question or issue stated in this notice and the Court may pass against you such decree as the naturc cf the case may require, Dated this day of ,19

Prothonotary and Senior Master. Advocate for the Defendant.

181 No. 19 IN THE HIGH COURT OF JUDICATURE AT BOMBA Y

ORDINARY ORIGINAL (IVIL JURISDICTION SUIT Confession of defence .(Rule I 62)

No. versus

Of 19
PLAINTIFF;
DEFENDANT.

The Plaintiff confesses the defence stated in the. . . . . . . . . . . . . . .. paragraph of the Ddendant's written statement (or ofthe Defendant's further written statement) filed on the dayof 19
,\

(Signed) Plaiatiff. (Signed) Advocate for thePlai uti if.

~--~-.--.--

No. 20 IN THE HIGH COURT OF JUDICA1URE AT BOMBA Y

Order for dismissal or withdrawal of suits (Rule163).

ORDINARY ORIGINAL CIVIL JURISDICTION

Of 19 SUIT """""""""""""'" No. """""""""""""""""""""""" versus

.
. " . .PLAINTIFF; . DEFENDANT.

Upon reading the appliccltionof ,dated the day of 19 andtheconsentsignedthereonby...................... . .andupon the said application being filed ttis day, it is qrdered that this suit be dismissed and it is hcreby--- -- -0- - and it is furtter ordered that the two thirds allowed to be withdrawn of the institution fee paid on the plaint herein be refunded to the Plaintiff and the Prothonotary and Senior Master do issue accordingly a certificate for such refund. Witness. . . . . . . . . . . . . . . . . . . . . . . ., Chief Justice at Bombay, dayof 19 aforesaid. this

By the Court, Prothonotary

,-

and Senior Master.

Sealer. The dayof 19. Order drawn on the appJication of Advocate for. . . . , . .. .,. .. . . , , . , . . .

182
No. 21
Affidavit of docun ,ents under Order XI, Rule 13 of the Code of Civil Procedure.

IN THE HIGH COURT OF JUDI(,ATURrl AT BOMBAY

ORDI!V,ARY ORlGl.1'lAL CIVIL JURISDICTION SUIT

No.

Of 19 . . . . . PLAINfIFF;

.'. .'................................ }'erSIIS

DEFENDANT.

I, ' the above named Defendant (swear in the of God or solemnly affirm, as the case may be) and say as follo\'\-s :-

name

1. I have in my possesion or power the documents relating to the matters in question in tbi~ suit which are set forth in the first and second parts cf the first ~clledule hereto.
'

2. I object to produce the said documents set forth in the second part of the said first schedule hereto. 3. That (here state upon what grounds the objection is made and verify the fact as far as may be). 4. I have had but have not now in my possession or power the documents relating to the mattets in question in this suit which are set fortI> in the second schedule hereto. 5. The last mentioned documents were last in my possession or po\'\-er ont (state wI-en). 6. That (bere state \'\-bat has become of the last mentioned whose possession they now are). documents and in

7. .Accordine,tc tbe best of my kna\'\-Iedge, information and belief, I l'ave not no\'\-and never had inmy possession, custody or po\'\-eror in the possession, custody or powel ofm} Advocate or in the possession, custody cr po\'\-er cfan)- otter person or persons on m} behalf an} deed, account, Book of account, voucher, receipt letter, memorandum, paper or \'\-riting or any copy of or extract from any such document or an} other document whatsoever relating to' the matters in question in this suit or any ofthem or whet e in any entry has beeDmade relative to such matters or any of tbem other than and except the documents set forth in tl>esaid first and second schedules hereto.

----------Sclemnly affirmed at Bombay, This dayof 19

Sworn

Beforeme,

Assistant Master/Associate, High Court. Bombay.

"(

183

.
#

No.22
IN THE HIGH GOUKl OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL GIVIL JURISDICTION

Summons to witness.

SUIT No.

OF 19

.
PLAlNTlFF;
DEFENDANT.

.
"""~;r~~
. . ... e.. . . . . . . . . . . . . . . . . . . . ;

To

.......
Whereas, your attendance is required to give evidence or to produce documents on behalf of the. . . . . . . . . . . . . . . . . . . '.. . . . . .in the above suit, you are hereby required personall) to appear before thlS Gourt on the. . . . . . . . . . . . . . . . . . . . da) of . . . . . . . . . . . . . . . . . .19 at 11 O'clock in the forenoon, and thereafter from day to day until the above suit is disposed of or yom presence is dispensed with and to brin11with you (or to send to thIs Gourt) the documents hereunder mentioned .:And this omit not under the penalty of Rupees five hundred and costs. Witness Bsquire Chief

Justiceat Bombayaforesaid,this.. ... . . . . . .. . . . . . . . . . . . . day of. . . . . . . . . . .'.19

Prothonotary

and Senior Master.

Sealer lhe dayof 19

Advocatefor....................

Note.- If you are summoned onb- to produce a document and not tc give evidence you shall be deemed to have complied witt the summons if)ou cause such documellt to be produced in this Court on the day and hour aforesaid.

184 No. 23
Originating SunUnons (flu1e 249).

.
(o.s,)
. .PLAINTIFF;

IN THE illGH

COURI OF JUDJCATUR~ AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF 19 .

"""""""""""""'~~;s~'s""""""""""""'.'.'.'.DEFENDANT.

,.......

Upon reading the plaint herein and upon hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Advocate for t1~e plaintiff, I do order that the Defendant abovenawed do attend before the Judge in Chambers on the.. . . . . .. . . . . .. . .day of . . . . . . . . . . . . . . . . . .19 at 11 O'cIcck in the forenoor on the hearing of an application aD-tle part 01 the Piaintiff for tre determination cf tbe foHewing questions :- . (Here set cut the questicns Vvhichthe plai ntiff desires to ha v~ dctermi ned). Witness Bombay aforesaid, this dayC'f ChiefJustice 19 at

Prothonotary and Senior Master. Sealer

/-

The
Advocate for the Plaintiff.

dayof

19 .

------

Note.- If the Defendant does not appear at the time and place abovementioned, such order will be mace and proceedings taken as tee Judge may think just and expedient.

183 No. 24
IN THE HIGH

ORDINARY ORIGINAL CIVILJURISDICTION SUIT No. OF 19.

COURT

OF JUDICATURE

.\T BO~JI~)'

XXVI Rule 4 of the Code

PLAINI1FF;ofCivil

~d:s~ 76.<mter.
~~~

"""""""""""""""""""""""""""
~~~

DEFBNoANT.

tRuJe 177).

To .DistrictJudgeof Greeting: Know ye that ttis court has appcinted YOllLommissioner, with power to appoint any other person ~ou ma} deem fit in t!>isbehalf, to take the examinatior. crossexamination and re-examinatiop (viva voce or upon interrogatories) upon oath or solemn affirmation of .and such other witness or witnesses as may be brought for such examination and tbis is to authorise and empower you . and such other person as you may appoint i r this behalf, to 1equire the attendan~ of su'ch witness or witnesses for the purpose of being examined and to appoint if necessary, an interpreter to interpret the evidence of such witne~s or witnesses ;nd bisis further to authorise and empower yell, and such otber person as }leu may appoint in this bel1alf,to adminicter catb or affirmation to such witI!ess (:r witIlesse and interpreter according to tte form of oath 01 affirmation hereunder endorsed which eac!: may cl>ooset<-,takeand t1~jsis furthertc direct }ou,aIld such othel perso~ as you ma) appc int in tl is bebaJf, to appoint, previc us to tbe execution of this Commission, a certain time fer executing the same, and to cause notice of such appointment to be duly served upon the said parties or their agents at. . . . . . -. . .-. . . . four days before the. eXeCutionhereof it nd this is further to direct that tbe parties to the suit do appear, before you or the person appointed by yeu, in person cr by Advocate And this is furti'er to direct 'tbat the examination of sucb witness or witnesses be commited to writing in the .Bnglishlanguage And this is further to direct that when you cr the person appointed by yot' in tbis behalf shall hve do so taken the examination, you cr the said person tl'roughyou, as the case may be, shall send tbe evidence and the exhibits together with this commission under a sealed cover to the

Prothonotar} and Seni{'rMaster of the High Gourt.

Witness

tbis

da} Sealer

of

, (;bier

JustiCe at ':OombaY'arotesajd, 19 ProthonotaT) and Senior Master.

..,' .'

The day of .. .. .. ..... ......... 19 Advocate fer the plaintiff. Address: Advocate for the Defendant. Address: . Oath of Witne/l~ swear in the name of God I do -that what I sbaIJ state shall 'be t}le trut}! SoIemn I-m y arm' ~ho]e truth and nothing but tbe trutb.

t}>e

Oath of Int~rpreter Swear inthe name of God. . I do tbatI will we)] and tmI, 18tc;pret and explain all' soIcmn Iya ffl. rm question puUo and evidence given by witnesses and translate

rately all documerts given to me for translation.

eOrreei'ly'and a~'

. . ;~

',O"!"'~

1498-25.

186 No. 25 'Or&'

appointin&
~.'
'

IN nm RIGA COURt OF JUDICAnJln; AT BOMB4Y

ORDINARY OIuGINAL GIVIL JURISDICTION

SUIT' No.

OF

19

CoRAM: Date:
PLAINTIPP;

versus
'

'

'

DBPBNDANT.

. . . . . . . . . . . . . . . . . . . . . . . . . .19

Upon reading the Notice of Motion herein dated the. .'. . . . . . . . . . . . . . . . . .day of

and the affidavits mentioned in the list "A"

hereto' and upon hearing. . .. .. . . . . . .Advocate for the plaintiff in support oftbe said Notieeof Motion and upon the defendant being called and not appearing and upon prod cf service oftl>e said Notice of Motion upon the defendant, it is ordered that " ,.Gourt Receiver, be.andhe'is hereby appointed receiver (without security and without remuneration) ofthe...... ..., ..". ..... .. ....:. .... .(here insert description of the property ofwbich the Gourt Receiver is appointed receiver) And it is further ordered tI..at the tenants of the said immovab1~ propert) do attorn to and pay to the said receiver the rents in arrears (if any) and the growing rents thereof as they become due. and that the said receiver do have power to file suits to recover such rents and suits in ejectment And it is further ordered that the said receiver do leave and pass his acecuI)ts before the Commissioner for TakiRi Aecou.ts in tpe manner proyjd8cJ by the rules of the this bourt.

And it is lastly ordered that tlte costs oftBe plaintiff of the saicJNotie. of Motiel1 and of tbis order be eos's in the cause. .Witness <Jhief Justice at

Bomba)' aforesaid,this

da, of.. .. .. .. .. ... . . . ..1'

By the' Ueurt.

Prothonotary and Senior Malter.

Sealer Thc dayo 19

Or,~, dra!-"n,oJl.the applicati01'10f . A~te fer ~. -. -~ ..~._-

"

'117

Me. 2(t IN TIlE 111811, 4IOUT QF,Jti'l6A.TV U:, AT ~MBAY

..INllY -Qa.U!HNAL CIVILJUIIIOIO'I'ION
'

Reference to arbitratioD.

Old.. -

iUIT .)lO.

OIl 19 . CoLUl : &ate;

PLADi1"wr;

'

versus
DJIIII'IO)Alff.

.pon reading the consent hereunder of the Advooate for the dcf.ndant and apeD reading the affidavit of .dated the ..day of .. .. .. . .19 verifyin: such consent and upon hearing... . """"" Advocate for the plaintifIit is by and with such consent ordered that thi$ awt and all matters in dispute between the parties hereto be and they are hereb, referred to the final determination of .. . . . . . .and. . . . . . . . . ., the arbitrators chosen by and between the said parties and of. . . . . . . . . . . .as umpire and it is further ordered that the said arbitrators do make and sign their award in writine concerning the premises in question and cause it to be filed in the Court together with any depo!iitiam and documents which may have been taken and proved before them within........ months frow the date of ibis order And it is.further ordered tht in cale the laid arbitrators disagree about making an a'\\ard or fail to make ane' file an award within the said period of. . . . . . . . . . . .months or \\'ithin such furtl::er time as may bi allowed b} the Court, t1:>is suit and all matters in dispute between the parties hereto De reIerred to the finfll determination of .." '." " ,.. .(umpire) who shall make and sign his award in \\'riting concerning the premilici in question and cause it to be filed in tl'e court together \\'ith any depositio8' and documents which

may ~avebeentaken and provedbeforehim within.. . . . . . . . . : . . . . .monthsfrom

the date when by virtue of this order the matters aforesaid shall have become lubject to his umpirage And it is further ordered by and with liu(;hoonsent as aforcliaid that the costs <.ftbe suit and of the said reference, and award or umpirageball be in the discretion of the said arbitrators or umpire, as the case may'be, who sha11 direct and award b} \\'hom and to whom and i n what proportion and maImer the same shall be paid And it is further ordered by and \\'ith such consent as aforesaid that the witnesses of the parties shall be examined, if the said arbitiaton or umpire sl'all. think fit so to direct, upon oath to be sworn or upon solemn affirmation to b~ made, which the said arbitrators and umpire are to authorised administer And it is fUither ordered that the parties hereto do produce before and deposit with the said arbitrators or umpire, as the case may be, aU bpoks, accounts, papers and \\'ritings touching and relating to matters in issue in the suit which are in their possessi'on, power or control as the said arbitrators or umpire shall thinkfitto order Andit is last!}' ordered by and with such consent as aforesaid that if either of the said faTties shall delay or otherwise wilfuHy neglect to proceed ",ith the said reference, the said arbitrators or . , umpire shaH be at liberty to proceed ex parte.

Witness.. . . . . . . . . . . . . . . . . . . . . . . . . . ., Chief
_L dayof

Justice

at Bombtiy

aforesaid,

this

19

c' ' By the Court.

'Ihe

Sealer

Prothonotary alJClSenier Maater.

4ay.f

l' .

Advocate for tlte Plaintiff. We comeot : Advocate for the Defendant.

188 No~ 27
'Order of Reference in Administr a. tion Suit.

IN THE ~tlGiI (JOURT OF JUDICATUBE AT :8()M8A.

ORDINARY ORIGINAL CIVIL JUlllSDICTION

SUIT No.
, .", .

OF

19

CORAM

"

Date; ~~;s~
"""""""""""""""""""""""""""

""""

PLAINTIPP. DIlFENDANT.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

.The plaintiff claims to have the movable and immovable property of..
t1eceased duly admiroistered

.. .. ..

And the suit bein,

tbis da} called on for hearing and final disposal and upon bearing. """""""" advocate for the plaintiff and. . . . . . . . . . . . . . . . .. Advocate for the defendaDt and upon heariDg evidence and perusin!; extibits, tbis Court doth order that tbe suit be referred to the Commissioner for Taking Accounts to take the fcllowiI1i accounts :(1) An account cf the debts of the said deceased., (2) An aCcount oftl:e funeral expenses of the said deceased. (3) (incases of a will) An account of the legacies bequeathed by tre said decea~eQ in bis will. (4) An account of the movable and immovable property of the said deceased. (~) An aecount of the costa to be paid Ol't of the property of the said deceased. (or by the :. astbe case may be) And hi due to this report
,

copy of this order in his officeupon the matters hereby referred ana for the better

this Court dptb further order that tbe property oftbe said deceased be applied COl'rse of administration And this GoUl't doth further order that tre pal ties suit de app~ar before the said Commissioner and the said Commissioner do to this Court within si~ months from the date of the lodginig of a certified

taking of suct accounts tbis <-ourt doth further order that th~ said parties do produce b~fore tre said Commissioner all books, papers and documents in tl>eir ct'stody, possession or power relating thereto Arodttis Court doth lastly order that an) oftte

said parties srall be at libertyto applyto the Court as there may be occasion. . Witness , Chief Justice at Bombay aforesaid, this ..da) of 19'
By the Gourt, Prothoaotary and Senior Master..

Sealer The dayof Order of reference drawn,on the applicatioR .... of 19

Advocate for..........................

189 life. 28
IN 'DIE 111GB "OOT OF JUDIOATUR AT .Ol\tllAY
fMder~of Reference under Order XXVI, Rules 11 and 12 of the Code
proce~hlt'e.

O&DlNARY O&IGlNAL CIVIL JURISDICTION

SuiT

No.

OF

19
CoRAM: Date:
PLAINTIFF;

.r Ciyil

.""""

~~;~

""""

..,.

, '~BFlNDANT.

I .

1-

The plaintiff claims to have an account taicen of the paItDership dealings, etc. between him and the defendant and to have the partnersI-.ip declared dissolve~ and wound up and the suit being this day called on-for hearing and final disposal and upon hearing ..Advocate for the plaintiff and.............. , Advocate for the defendant and upon
,

l>earingevidence and perusing exhibits,this Court doth order that the said partnershipdostanddissolveC:asfromthe .day of .'........... 19 And tI-is Gourt doth furtJ:>er order tbat nctice of such dissolution be advertised by the parties in the Mahatashtra Government Gazette and in ....

. . . . . . . . . . . . . . . . . . . .'. . . . . . newspap~rs

And this Gourt

doth further

order that

I I
l .

,,

notice oftbe said dIssolution be also given by tre parties to the Registrar of FirJm And This Gourt doth further order that the suit be referred to the Commissioner for Taking Account to take an account of all dealings and transactions between the plaintiff and tte defendant mentioned in the pleadings herein And 1his Gourt doth further order that the parties to this suit de appear before tl'e said Commissioner And the Gommissioner do ascertain and report to this Gourt within six months from the date oftJ:.e lodginp of a certifie~ copy of this order in his office what balance, if any is due by either or them the plaintiff and the defendant to the other ofthem and for . the better taking of such accounts this Court dotb further order that the said plaintiff and the defendant. do produce before the said Commissioner all books, papers and documents in their custody, possession or power relating thereto And this Court doth reserve tbe further directions and costs of this suit until the said Commissioner shall have made his report And this Court doth lastly order that anY of the said partici shall be at liberty to apply to the Court as there may be a occasion.

Witness. . .. . . . . . . . . . . . . .. . . . . . .. . . . . . . , . .. Chief Justice at Bowbav aforesaid, tbis , day of ., 19. .

.

B} the <:000.

ProtboDotary and Senior Master.

,.

Sealer

The ., day of ,.." \ Order of reference drawD oa tile applillLti.a

0[

1'

,.."

,.........---.....-

Iodyocatefor.. ...'.u... ... .. ... . . ...'... ... ... ~-

1,0 No. 29
.(;crc~ <HI

ComlI\issi-oncr's Report.

...TH&

HIGH COURT OF JUDIC4.TURE AT BO1\l8Ar

ORDINARY OIUGlNAL GIVIL JURISDICATION

SuIT No.

0.

1~
COU.M : Date:

""'."""""""
""'.""""""""""""""""""""""""

""""""'~;r~~~""""""""""""

PLAINTIFP;
I>IIPBNDANT.

The plaintiff claims tc have an account taken of tbe partnerstip dealingi etc. between him and the defendant and to bave the partnerst-ip declared dissolved alild wound up; And\w!:>eleasby a decretal order of reference herein dated the. . . . . . . . . . . . . . . . . . day or: : . . . . . . . . . . . . . . . . . . . . . .19 , it was inter alia ordered that tt.is suit be referred to the Gomrnissioner for takinl' Accollnts to taketbe accounts tt~reiD specified and it was also ('fdered that the further directions and costs cf tl'is suit be reserved until the said Ccmmissioner shall have .JIladebig repert, and wl>erea!'the said Gomrnissioner made and publisbed his repolt on the. . . . . . . . . . . . . . . . . . .- . . . . dayof 19 and the same wasfilec on tbe........ day of. . . . . . . . . . . . . . . . . . . . . . . . . . . .19 and the suit beinl!,this day called On for forth~l ,:irectkns and ccsts on,the said lepert, And upon hearing ,..

.. . . . . . . . . . . . . . . . . . . . . . . . . , AdvocatefoUhe

plaintiff and upon the defendant beiat

called and not appearing aDd upon reading the said report of the Commissioner and the;certificate of t be Prothonotary and Senior Master, dated tbe . . . . . . . . . . . . . . . . . . . . day of.. . . . . .. . . .. ... .. . .. .. . . . . . .19 celtifying that no exceptions have bee filed to vary or discbar!]e the said repolt, 1his Court cloth contirrn.the said report dated the day of., 19 and in accordance. therewith dotb pass judgD1ent for. . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . .. """ ., .,.. : "" ..., ...and cloth order and decreetht......
;

.'...............................
,

Witness

,Chief Justice at Bombay

aforest;lid, this.. . . .. .. .. . . .. . . .. . .day of. . .. .. . . . . .. . . ..19

By the Court,

Prothonotary and Semer Mastor.

Sealer

Tbe Adv~e for

dayof ".........-

l'

Decree drawB on application of.. . . . . . . . . ... ." -

191 No. 30
IN

HIGH <JQURT OF JUDIC4.TUBE AT'BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

App)ic.nihll to dlBW!lll' money deeTfe.

SUIT No.
, "

OF -19 . PLAINTIPP.
DEFENDANT.

~~~;~;
__h""""""""""""""""""""""""'""" T4) / , The PrcthonotaryandlSepior Mastel.

High Court. Bombay.

Sir, Please check the accompanying draft of the decree dated the. . . .. . . . . . . . . ,day cr. . . . . . . . . . . . . . . . . . . . . .19 according to the undermentioncd particularsand if found correct. have it engrossed :,-

Rs.

'

P.

I.Principal awarded..

..

..

..

..

2. Interest on Rs.. . . . . .at , . . . . .per cent per annum

90mt~~th~'J~t'e'~fj~~im~~t:~"""""""""'

3.Costs..

..

..

..

..
I.

'\
\
I

l~~al_-

:.~__L___._-

Dated

this

day

of

I!)

Yours faithfully.

Advocate for t~e plaiDtift'.

192
~o. 31
Money decree.

IN THB HIGH COU.R1 OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF

19

.
CoRAM: Date:

. PLAINTIFF;
,,"""""""""""'"

."versus

""'"

DEFENDANT.

The Plaintiff claims to recover from the defendant the sum of Rs ,. (rere insert the particulars of claim) arid the suit being this da) called cn for hearing and final disposal, AND UPON HEARING................................ Advocate for the plai ntiff AND UPON the defendant being, called and not appearing and upon proof of serv'jce of the summons upon the defendant and upon bearing evidence and perusing exhibits, this Court doth pass judgment for the plaintiff and doth ordcl and decree tht the defendaDt do pay tc the plaintiff tbe sum of Rs for principal and the sum of Rs for interest and the sum of Rs .for tbe costs oftbe suit and do pay futber simple interest atthe rate of . . . . . . . . . . . . . . . . . . . . . . . .per cent per annum upon the amount oft be said principal from the date hele of until payment. Witness ,ChiefJustice at Bombay

aforesaid, this

,. day of..................

19 .

By the c'ourt,

Pu)thonotar} and Senior MMtez

Sealer Tbe Decree drawn on applicatioJl of Advocate for the Plaintiff. dayof 19

)'

"

193 No.n
INTH HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JTJRISDICTION

Decree under Order XXXVII of the Code &f Civif Procedure.

SUIT No.

OF

19

CoRAM : Date: . versus ... . , ,PLAI~TIFF' ...DEFENDANT.

The Plaintiff claims to recover from the defendant the sum bf rtJp('cs.. . . . . .

Andthis suit b in"., this day called on in Chambers for hearing and final disposal under Order XXXVII of the Codg of the Civil Prccedure and upon hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . .Advocate for the Plaintiff and upon proof of service of the summons U,J:illthe defendant on the.. .. . .. . .. .. .. .. .. .. .. day of.. .. .. .. . . .. . .. .19 and t11ewid defendant net having obtained leave to defend this suit under rule 3 of a'd:l' XXXVIII of He aforesaid Code and upon pewsi Dgexhibits, this C0urt doth pass ju3.gment for the plaintiff and doth order and decree that the defendant do pay to the plaintiff tbe sum cfrupees forprincipaland the sumofrupecs........ for interest and the sum of rupees. . . . . . . . . . . . . . . . . . . .for costs and do pay further simple interest at the rate of . . . .per cent pel annum upon tre said principal from the date hereof until payment. Witness afcresaid,this dayof ,Chief Justice at Bombay 19
By the COUIt,

(hcreinsertthcparticularsofcIaim)

.. .
,..

"""

Prothonotary

and Senior Master.

Sealer 1he Decree drawn on application of

Advocate for. . . . . . ...

u..dayof..",.,.,.".".,,19.

- ... ... . . . .

A-\498-26.

194 No. 33
Money aCCl'ec

IN THE HIGH COURT OF JUDICA TURF. AT BOMBA Y

OR!)INARY ORIGINAL CIVIL JURISDICTION

i.

..

suit ani

Third

Party Nettce.

SUIT No.

OF 19 .
CORAM Date:
PLAINTIFF;

versus
~ DEFBNDANT.

Tbe Plai ntiff claims to recover from the defendant the sum cf Rupees. . . . . . . . . . (here insert the particulars of the claim) and this suit and the question of tbe liability of. . . .. . . . . . . . . . .. .. . . . . . . . . . . . . . .third part} herein, to indemnify the defendant coming up this day for hearing and final disposal and upon' hearing Advocate for the plaintiff and ................ Advocate for the defendant and upon the said third pal ty being called and not appearing and upon proof of service ofthetbird party notice upon the said........

. . . . . . . . . . . . . . . . . . . . . .and

upon

hearing

evidence

and

persuing

exhibits,

this

uow't doth pass judgment for the plaintiff and cloth order and decree that the defendant do pay tc the plaintiff the sum of Rs .for principal and the sum of Rs .for interest and Rs :for the costs of the suit and do pay further simple interest at the rate of. . . . .. . . . . . . . . . .per cent per annum upon the amount of tile said principal from the date hereof till payment and with regard to the question of indemnity this Court doth declare that the defendant is entitled to be indemnified by tbe said third party. . . . . . . . . . . . . . . . . . . .against all amounts payable by him undel tbis judsrment And this Court doth further order tht the said third party .dopa}toth~ defendant such amounts as may be paid by the defendant to the plaintiff and Rs. . . . . . . . . . . . . . . .for the defendants cost ofthe suit and of the third party proceedings helein. Witness Bombay aforesaid, tbis .,Chief Justice at 19

.day of

By the Gourt,

Prothonotary and Senior Matet.

Sealer The dayof 19. .....

Decree drawn on the apptication of Advocate for

195
I

Ne. 34 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF

19 (,oRAM : Date:
PLAINTIFF;

PrdimiDary decree on mortgage., Mort~r iil posses~lJe:.

versus DiFENDANT.

The Plaintiff claims to recover from the defendant the sum of Rs. .. .. .. .. . . . . . . (here inselt the particulars of claim) under a mortgage, dated the. . . . . . . . . . day of 19 and prays that the said mortgage may be enforced by sale (\1H.e property described i r the Schedule" A "hereto and the suit being tlii~ day called on fer beari nIl and final disposal and upon hearing. . . . . . . . . . . . . . . . . . . . . . . . Advocate for the plail.tiff and upon th~ d(fendant being called and not appearing and upon proof of service cf the writ of summons upon him and upon hearing evidence ancl perusing exhibits, this (ourt doth pass judgment for the plaintiffand doth declare that tbere is due and owing to tbe plai ntiff on tbi~ day under the said mortgage the sum of Rs. . .. . . .. .. .. . . .. . . .. .. . . " . .fer principal and the sum of Rs . .fOl iptelest on the said principal and tl-e sum cf Rs.......... for costs, charges and expenses (othel than the cests of the suit) properly incurred b~ the plaintiff in respect cfthe mortgage security and the sum of Rs . . . . . . . . . . . . fer interest on the said costs charges and expenses and the sum of Rs. ..,......... for costs of the suit awarded to the plaintiff making in all tRe aggregate sum of Its. . . . . . . . . . . . . . . . . . . .And this Court doth order and declee that the defendant do payintoCourtonorbefolethe dayof 19 tRe said sum c:fRs. . . . . . . . . . . . . . . . . . . . . And this (OUI t doth further crder that on suck payment and on payment thereafter befcre such date as the Court may fix c:f such amOl'nt as the Court may adjudge due in lespect of such subsequent cost of the suit and such subseCi{uent costs charges and expenses as may be payable under , Order 34, Rule 10 of the Code of Civil Procedure togetber with suoh subsequent interest as may be payable under Rule 11 of the said Order, the plaintiffdo reconvey tothe defendant the said mortgaged property or where necessary assign the mortgage debt and transfer the mortgaged property to sucb third person as the defendant may direct free and clear of and from all incumbrances done by him tl>esaid plaintiff or .., al1Yperson or per~ons claiming by, from or under bim and do deliver all deeds, QQcumeats and writings of or relating to the saic property inhis possession, custody .1' control to the defendant or to whom he shall appoint And this Court doth lastly erder that in default ofthe defendant paying into Court such sums as aforesaid by tJaetime aforementioaed, the plaintiff be entitled to apply for a final decree for sale of the said property. Witness.., ..mba) aforesaid, tbis day of ,C,kifJusticeat .1~. By the Court,

~ealer

Prothonotary

and Senior Master.

TlJe daYQf 19 \ Prelimiuary Decreedrawn on the application of Advocate for Plaintiff Schedule" A "

Pr.limiuary decree of mortgage by deposit of title-deeds.

IN THE HfGH

No. 35 COURT OF JUDlOATURE

SVIT No. OF 19

AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION'

.
GORAM : Date:
PLAINTlFF;

..,...,

'

versus
.' , """""""""""""""""'". DEFENDANT.

The plaintiff cJajm~'to recover from the defendapt the sUJrof ~s.. . . . . . . . . . . . . . . . (leere in~ert the particulars of claim) unde,r a mortgage or charge created by a deposit of tit Ie-deeds ofthe property belonging to the defendant and desc;-ibedin the schedule "/\ " hereto and pray;: that tie said mortgage or cbarge may he enforceu by sale ,,[the said property and the suit beingthis day called on fOJhearing and final disposal And upon hearing Advocate for tre plainti1f And upon the dffendant bc:ing called and not appearing And upon proof of service of the writ of summons upon him And upon hearing evidence and perusing exhibits, tris Gourt doth pass judgment for the plaintiff and doth declare that by virtue of thedepositmadeonthe , ,day of 19 by the defendant with the rlaintiff of the title-deeds of the property described in the schedule " A " hereto the plaintiff is entitled to a mortgage or charge on the defendants's said propeliy And this Court doth further declare that there is due and owin& to the plaintiff on this day on the security of the said mortgage or charge the sum of Rs ..., .,.. forprincipal and the sum ofRs """ ........ for interest on the said principal and the sum of Rs.. . . . . . . . . . . . . . .. .. for cost!; charges and expenses (other than the cos~s of the suit) properly incurred by t.~ plaintiff in respect of the mortgage secunty and the sum of Rs. . . , . . . . . . . . . . . for interest on the said costs, ,charges and expenses and the sum ofRs. ............ for costs of the suit awarded'to the plaintiff, making in all the aggregate ~um of Rs.. . . . . . . . . . . , . , . , . .A nd this Gourt cloth order and decree ttat the defendant dopayintoGourtonorbeforethe, dayof.,...,..., 19 the said sum of Rs.. , . . . . . , . . . . . . . . . .And this Gourt doth further order that 011. such payment and on payment there.after bef<;)!'esuch date as the Gourt.may fix of sv.ch amount as the Gourt may adjudge due IIIrespect of such subsequent costs of the suit and such subsequent costs, cl1argesand expenses as may be payable undel' Order 34, Rule 10 of the Code of Givil Procedure together with such subsequent interest as may be payable under Rule 11 ofthe said Order, the Plaintiff do deliver up all deeds documents and writings of or relating to the said property in his possession custod~yor control to the said defendant or to whom he shall appoint free aad clea; of and flOm all encumbrances done by him the said plaintiff or by any persall or persons claiming by, from or under him And this Gourt doth lastly order that i. default of the defendant paying into Gourt ~mchsums as aforesaid by the time af0rementioned the plaintiff be at liberty to apply for a final decree for 3ale oftlJe said property. :Bythe Court,
,

Prothollotary and Senior Master. Sealer The dayof , 19. preliroinar) Decree draw. on the application cf
,

Advocatefor"

'

Schedule" A "

No. 36 IN TH.EHIGH COURT OF JUDICATURE AT BOMBAY

OllDINARY ORIGINAL CIVIL JURISDICTioN

Prelimiury deer.. oa mort..... Mortppc

in possossioo.

SUITNo.

OF

19 .
(;OItAM :

Date:
PLAINTIFF;

versus
DEFENDANT.

The plaintiff claims to recover from the defendant tl'e sum of Rs. (here insert the particulars (f claim) under a mcrtgage dated the .day of the ... . . . . . . . . . . . . . . .19 and praysthat the said mortgagemay be enforced by foreclosure (or sale) of the propert~ described in tl'e schedule" A " hereto ar>dtpe suit beingthisclaycaIlec enfor healing and final disposal And uponhearing........ . . . . . . . . . . . .Advocate for the plaintiff' and upon the defendant being called And not appearing And upon proof of service of the writ of summons upon him And UPOR hearina evidence and perusing exhibits, this Gourt doth pass judgment for the plainti1f aad doth order and decree that the suit be referred to the Gonunissioner for Taking AccouRts to take the following accounts, viz.- -

(1) An account of what is due on this date to the plaintiff for principal interest on the morttage meqtioned in the plaint; .

and

(2) An account of all sums of money properly incurred by the plaintiff upto this date for ccsts, charges and expenses (other than the costs ofthe suit) in respect of the mortgage security and interest on such costs, charges and expenses;
(3) ... n account ofthe income ofthe mortgaged property receivec by the plaintift' upto this date or by any other person by the order or for the use oftbe plainti1f (or when specially directed, an account of the income of such prcperty 1Vhichbut for the -..iIful default of the plainti1fmight have been so received) ;~

(4) Au account of any los~ or damage caiI',ed to the mortgaged property before tbis date b} any act or emission of the plaintiff ~hich is destructive of or permanently i}\jurious to the property of by his failure to perform an} onte duties imposed upcn him by al!Ylaw for the time being in fcrce or by the terms cf the mortgage deed A nd this (;ourt doth further order that any amount Ieceiv~d under clause 3 cr adjudged due under clause 4 above, together with interest thereon shall first be adjusted against any sums paid by the plaintiffunder clat'se 2 above. together witt intelest thereon, and the balance, if any, shall be added to the mortPIC money or as the case may be, be debited in reduction of the amount due to tl1e plaintifton account of interest on the principal sum adjudged due and thereafter in reduction or di'charge of the principal And this Gourt doth furtI-er order that the parties to the suit do appear before the said (;ommi,sioner And this {;ourt doth furUer order that the said {;ommissioner do report to this (;ourt upon th~ matters hereby referred within six months from the date ofthe lodging of a certified copy of this decree in his office And this {;ourt doth further order that upon the report ofthe {;Ommissioner being received the said report be comirmed or modi1ied by the Gourt after considering such objections as the parties to the suit ma} take ADdtbi!\ (;ourt dct;h further order that upot" tIle amount due to the plaintiff being determined by the (;ourt the defendant do pay into Court within sucb time asthe

Ceurt may then direct the amount so determiD~d and the sum of Rs fH the CQstsof tl-c suit ard this Court doth further order tpat on such payment and en payment ttereafter t'efcre such date as t}:le(OUlt max fix of such amcunt as the Court may adjudge due in respect of such subsequent ccsts cf tJ:>e suit apd such subsequent costs, charges and expenses as may be payable under Order 34, Rule 10 of tbe Code of Civil Procedure togetber with such subsequent interest as may be payable under Rule II of the said order>the plaintiff (10recOl.weyto tbe defendant the said mortgaged property or where necessary assign the mortgage debt and transfer the mortgaged property to such third person as the defendant may direct free and dear of and from all incumbrances done by him tbe said plaintiff or by any persall or persons claiming by, from or under him and do deliver all deeds, documents and writings of and relating to the said property in his possession, custody or control to the defendant or to whom he shall appoint and do deliver quiet and peaceful possession of tbe said property to the defendant or to whom he shall appoint and this Court doth lastly order that in default of the defendant paying into Court such sums as aforesaid by the time aforementioned, the plaintiff be atliberty to apply for a final decree for sale of the said property (or foreclosure as the case may be). Witne!?s 'Bombay aforesaid, this da)' of , Ghief Justice at 19 .

By the Court,
Pr()thonotary and Sellli.r Master.

Sealer

The.. . . .. . . .. .. .. day of.. .. .. .. 19 .

PreIillliRaryDecree drawn on tbe applicatioNof Advocate for. . . . . . . . . . . . . . . .

SGlmBt:JLE 'A '

No. 37 IN THE HI,GHCOURT OF JUDICATURE AT BOMBAY

0RDINAltY ORIOINAL CIVIL JURISDICTION

Fi~ clcaree is ferecl.,re suit.

SUIT No.

OF

19 .
(,'ORAM : Date:

.,.'""'_"M

-..

'-"

u.-." .,.

MMl"LAINTlFT;

versus'
" ,... DEFENDANT.

for a inal decree for foreclosure and the aflidavit~ meationed in the list" A "hereto and the preliminary mortgage decree herein dated the... . . . . . . day of. .: . . . . . . . . . . . . . . .19 and the certificate of the Prothonotary and Senior Master, dated the ,day of .19 certifying that 110money has been paid into Court as directed by the said preliminary mortgage decree and upon hearing .Advocate for the plaintiff and upon the defendant being called and not appearing and upon proof of service of the said Notice of Motion upon him this Court doth order and decree that the defendant and all persons claliming through ('f under him be and they are hereby debarrec from all ri~ht to redeem the mortgaged property described in the list" B" hereto and this Court doti> further 0fder that the defendant do deliver to tre plaintiff quiet al'd peaceful possesf:ion ofthe said mortgaged property and it is further declared tliat tile whole cfthe liability whatsoever of the defendant upto this day arising from tl'e said mortl!ave mentioned in the plaint or flom this su~t be and it is hereby discharged and extinguished. .Witness.., , Chief Justice at Bombay aforesaid, this. . . . . . . . . .. . .. . . . . .. .. .. . . . .. .day of. . .. .. .. . .. u . J9 .

.. ......... .... 19

UPOR reading the Notice of Motion

herein dated the. . . . . . . . . . . . . . day of. , . . . .

By the Court, Prothonotary Sealer Tte dayof 19 and Senior Master.

Decree drawn on the application of Advocate for. . . . M. . . . , . .. ......

LIST' A ' LIST' B '

P!sal decree in,. suit for

,,'< s~I~.

No. 38 IN THE HIGH COURT OF JUDICATURE SUITNo.

OF

AT BOMBAY 19

ORDINARY ORIGlN.\L CIVIL JURISDICTION

'

GoRAM: Date:
'., ' , PLAINnFF.

versus
DBFBNDANT.

Upon,reading the Notice of Motion herein dated the. . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . .19 and the affidavits mentioned in the list" A " hereto and U",epreliminary mortgage decree herein datedthe dayof 19 and the certificate of tI:-eProthonotary and Senior Master dated the. . . . . . . . . . . . . . day of.: .. . '. ... .19 certifying that no money has been paid into Gourt as directed bythe said preliminarymortgage decreeand uponhearing .. "" . . . . . . . . . . . .Advocate for the plaintiffand upon the defendant being called and not appearing And upon proof of service of the Notice of Motion upon him this Court doth order and decree tht the mortgaged property described in the list " B " "creto be sold by the Commissioner for taking Accounts by public auction and this Gourt dotr furtber order that the plaintiff be at liberty to bid at sucf>. sale and that in tbe event of his becoming the purchaser of the said property he b~ at liberty to set-off the amou nt ofthe purchase money against the amount due to him under the aforesaid' decree And this Gourt doth further order that the net proceeds of such sale or so much thereof as may be sufficient be duly applied in payment of the amount payable to tbe plaintiff under the said preliminary mortgage decree and under any further orders that may have been passed in this suit and in payment of any amount which the Gourt may have adjudged due to the plaintiff for costs of the suit, including the costs of this Nctice of Motion, and such costs, cbarges and expenses as may be payable under Order 34, Rule 10 of the Gode of Civil Procedure, together with such subsequent interest as may be payable under Rule II of the said Order and this Court cloth further order that the balance, if any, be paid tc the defendant or other penOQS entitled to receive the same And tl'is Gourt doth furtber order that in the event cf a deficiency the plaintiff be at liberty (where StlCl> remed) is open to him under tte terms of his mortgage and is not barred by any law for the time being in fcree) to apply for a personal decree agaimt the defendant for tbe balance remaining due and this Gourt doth order that the costs cfthe said Notice of Motion and oftbis decree, namely Rs. . . . . . . . . . . . . . .be added to the amount of tile mortgage claim And tl-.is Court doft. lastly order tl at the pal.ties shall be at liberty to apply to the Gourt from time to time as there may be occasion. . , Chief Justice at ............... W Itness Bombay ~f~~esaid, tbis dayof J9 By the Court, Prothonotary and Senior Ma.ster.

Sealer The
pecree

daycf
drawn on application of Advocate for. .

19.

. . . . . . . . . . . . . . . .. .

LIST'A'

No. 39 IN THE HIGH COURT OF JUDICATUaB AT BOMBAY

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTION Decree or ~he ApPellate. '

ApPEAL No. SUIT No.

OF OF

19 . 19 .
GoRAM: Date:

Court, . disffiisSinl Appeal,

........................................--------------verS'./s

Appellant

0 'iginal Plaintiff

or

Defendant;

........................................----------------DJci'ee

Respondent

Original Defendant or

Plaintiff.

Theappellantappealsagaim.tt1-e - --, .., '

O/der

of tbe Honourable Mr. Justice

dated the day of . . . . . . . , . . . . . .19 on the gfOunds mentioned in the Memorandnmof A1)peal filed herein And the appeal b:ingthis day called on for hearing, And uponhe~uiDg
, ,Advocate for the appellant and

..............

. . . . . . . . . . . . . . . . . . . .advocate fer the respondent And upon reading the memorandecree

dum of appeal, tbe said

order

dated

the

.dayof............

19 , th notes of evidence taken and the exbibits put in at the hearing of the suit, decree this Appellate Court doth dismissthe appeal and doth confirm the said----_order datedthe dayof 19 ~nd doth order that the appellant do pay to tbe respondent R".. . . . . . . . . . . . . . . . . .for his costs of His appeal.
Witness Bombayafcresaid,this I
,

dayof

Chief Justice at
.19

Bythe Court,
Prothonotary dayof 19. and S...,niorMaster.

Sealer
The

Decree drawn on the application of Advocatefor.......................\ A-149S-27, .

No. <to Warrant of arrest before Judgment and. r Order XXXVIll. Rule 1 of the Codeof Civil Procedure. IN THE HIGH (,OURT OF JUDKATURE AT BOMBAY

ORDIKARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF

19 .
, : PLAltmPF ;

'.'.' """,""""'" To 1 be Sheriff of Bombay,

versus

. DEFENDANT.

Rs.. . . . . .. . . . . . . . .'.. .as noted in the margi n And whereas upon the application

Whereas the abovenamed plaintiff claims from tJ-e defendant the

sum' of

of the plaintiff the Court is.satisfied that Ihi",defendant has absccnded or is about to abscond or has disposed of his property, witl> intent to obstruct or delay the execution of any decree that may be passed against him and the Court has by an orderdatedtke dayof 19 directedtJte proper warrant te issue;

Rs. I
Amount of Claim CoStS

---I

l
'
,

Now this is to command you to aIrest tbe said

defendant and bring bim forthwith before one

of the Judges of this Court in order tbat be may show-cause why l-e sbould not Pive good and st'tfi. cient security in tbe sum noted in tbe margin (01 I-.is personal appeal ance before this Court at any time when called upon wbile the suit is pending and until satisfa~tion of any decree that may be passed

-- Tota:-.::
I

'---! against bim intbis suit.

.Qay of , ()ltie Iustice at 19

.Witness Bombay:aforesaid, tbe

Prothonotary and Senior Master. Sealer 1his davo( 19.

Advocatefor..........................
NtJ.te.-1be officer ill attendance tr- endorse hereon order of discharge or Committal and in tl\e latter case the rate of.diet mone;y.

No.l41 IN THE HIGH tOURT OF JUDICATt1R~ AT BOMBAY

Securi~ Bond under Order XXXVIII, Rule 2 oft!." code of Civil Procedure.

ORDINARY ORIGINAL GIVIL JURISDICTION

SUITNo.

OF

19

.
PLAINrIFF;

versus
, , DEFENDANT.

K.aowallmen by these presents that we, and ,........... are held and firmly bound, jointly and seve.rally,unto. . . . . . . . . . . . . . , , . . . . . . . . . . . . Prothonotary and S~nior Master of the High Court of Judicature at Bombay, aDd his successor or successors in office and his or their assigns in the sum of Rupees
; ,

to be paid to the said..............................

Prothonotary and Senior Master and his successor or successors in office and his or their assigns, as the case may be, for which payment to be well and truly mad~ we do bind ourselves and each and everyone of us jointly and seaerally and our respective heirs, executors, administrators firmly by these presents which are sealed here under with ou. seals. Datedtbis.' , day of., 19

Whereas the above bounden.. . .. . . . .. '... .. was on the .day of...... , .19 aiTested and produced before this Honourable Court uDder a warrant of arrest issued in thp. abovementioned suit on the. . . . . . . . . . . . . . day of , 19 And whereas the said was thereupon ordered to furnish security fo,' his appearanc~ at any time when called upon durins the pendency of the said suit and until satisfaction of any decree that may" Be passe,d against him in the said suit;

. . . . . . . . . . . . . . . . . . . .shan appear at any time when called upon while the said

Now the condition ofthe above obligation is such that ifthe said. . . . . . .. . . . . . . . .

suit is pending against him and until satisfaction of any decree that may be passed apinst him in the said suit, then this obligation shall be void and of no effect, but otherwise the same shan remain in fun force and effect. Siaaed. sealed and delivered by

tM ahveaamed.................. i. the prescaceof... H... H' H.'"

W_aftt of eommittal in the cw;e of arrest befol'C judgment.

Ne. 42 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JUftISOICTlON

SUIT No.
"k'~"""""""""""'.""""""""""""PLAINTIFF;

OF

19.

versus

. To The Sherifi' of Bombay,

..I>BFENDANT.

Whereas the abovenameddefendant has been a:Tcsied befor judgment and b~ing brought before the Honourable Mr. Justice... . ba, faile,j to give security for his appearance or to answer the claim against him; Now this is to command you to 10dg~the said. . . . . . . . . . . . . . . . . .in the c;vHjail tob~ there detained by the Superinten)e:nt oftbe civil jail until 11:: i, duly discharged

accordingto law or the order of the Court.

The rateQf diet money is 11xedat Ri. 5 per day. Witne~s BJIDbayaforcsid,tbis dayof

Ch;efJustlCeat 19 .

Prothonotary

and S:.oniorMaster.

Sealer The"M :...dayof 19

Advocatefor""""M"'..."..................

No.G

;,S.~.. ~t
belore
judgment under Order XXXVDI. Rule 5 oNhc Code of Civil Procedure.
(Rule 308), '

IN 1M!! HIGH coutu

,OF JUDKATUtW AT BOMBAY

19
PLAiNTIFl'; .,el'SfIS

ORDINAIlY OlUGINAL (,IVlL JUllISDICnON

SUITNo.

OF

DBPB\tDANI'.

To , Whereas the Gourt is satisfied that the abovenamed defendant is about to dispose of the property described in the schedule hereto or is about to r~move the property described in the schedule hereto from the local limits or jurisdiction ofthe Gourt with intent to obstruct or delay the execution of any decree that may be passed against him the Gourt by an order datedthe day 'of 19 The Sheriff of Bombay,

has directed the proper warrant to issue

Nowthis is to command you that you do call upon the said defendant on or before . the ..' .day of 19 either to furnish security in the sum of 0""""""""" .to produce and place at the disposal ofthe Gourt when required the property described in tre Schedule hereto or the value of the same, or such portion there of as may be sufficient to satisfy the decree in this suit, or to appear and show cause why he should not fUrnish such security; And thisis further to command you to attach the said property until the said day or until further orders of the Gourt; And this is lastly to command you to r.turn this warrant immediately after the execution theteof with an endorsement ccrtifyin: the date on which and manner in which it has beeR executed or the reaSOR why it bas not been executed.

Witness

Ghief Justice

at

Bombay aforesaid this

day of

19

ProtkOllotary and Senior Master.

Sealer
..

The. . ... . . ... , , '0' ... . , . , . , .. .. .. '0'. ,da, of, , , , 'c' ,.. , , - , ,0,, , ,..,19
Advocate for '0"""""'" ,oo,'. , , '0' . , ... ... eo.e, eo.

i
I

ScH.Bow

Rule2 oft be Code 0 f Civil Procedure. (Rule 317)

t1odce .... Order XXI

IN THE IDGH COURT

No."" OF JUDICATURE AT nOMBA 'Y

ORDINARY ORIGINAL CIVIL JORISDiCTION

SUIT No.
'

OF

19
PLAINTIFF~

,ersflS
'

DBFENDANT.

To .. 0000 . 00.. . ... .. ..

Whereas the. . . . . . . . . . . . . . . . . . . . . . . . . . abovenamed has claimed that the sum ofRs da} of. 000000. ... .. 0019 payment . tmen t aJus ...recoverableunderthe-

O r der

Cecree dated the........

has . applIed tbat

'

paid . has been - d '- t d and a~use

the

should be recorded;

Now take notice t]:iat }Ou are required under Rule 2 cf Order XXI of the Code of Civil Procedure to appear in person or by an Advocate entit1e~ to practice in this Court before the Jud ge in Chambers on the. . . . , . . . . . .day of. . . . . . . . . . . .19 at
;

. paymem' 11 O'clockmtheforenoon to show cause why the ad' t t should ~usmen . not be reemded on the said Decree/Order.

Dated this

day of

19

Prothonotary ~aler

and Senior Master.

The

dayof

19

Advocate for..........................

No. 4S IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION,

SUIT No.

OF 19
r;z:!

ApplicatioD for execution under Order XXI, Rule 11 (2) of the Code of Civil Procedure, (Rule 313)

<1~lol
,...:. ... 0

"" '-< 0 '-'

~ .J::

cl, <:>
.-

t
~
'

- .J:: -, E E":' -'" 8. ~.g~

c<J 00 00

II)

. >: = ,-.. c<J ~ ~ : = =' 0 ,-1I)0<'~ ='

,o~
=... 0..

0
1
I

I 0 """=

~I
~ c<J
.....

....

-=

s:f<7>

,- u
~~

...

~ .~ '<5 ,~- 0 =
~
~o 00

... 0

I:)()c<J

'-"" 0 c<J.....00) 00 '-'

t;,-.. =~-o.

~ ':;; 00<7>
c<J.-

2.....

~o ;:;
="" ~
<!)

=-

't

c<J

0..
0

~
0

iA
~ I '0
I

U QJ

0.. .1:;"E c<J-00 Ij)

c<J ,-,

=
0

";: -o"g .c.J::... =B' 00'-' ~"" OJ-o.c'" c<J "0 ;.::: = .>- QJ 0.. c<J -0 =

~ 0'-'0

. E 2 c<J c<J

;Z;

~A

~ I ,..,"0S o~,.g .c ~n~ c<Jc<J i~.o"" ~s.2

-5 <1J 0.. c:
I

i = '-

-""'""

o c<JU v

c<JQJ =' ,~
"0

ooc<J

o~ oO~;:J~ oo.., J::,~

;:J 0)
'

'" , . I, (5 U

..... U v

g "'2"8 g,"" 5-00-00 :>.J:: c c:.t:: 00 ~ ,,"= ~ ""Qjo~'~2 ~~ ,-,I:)():::U

"i:

C:""-o "i:"O ' o-o,..q I ,o ~ ='~ I 0 ::: ~ "" 00'U =' a 600 =0< 8~ c<J.J::oo ~ c<J ;Z; ~ ,:!; ;:;E~~
1

o . ;'- uIj)I

.'" , '-' <i.J..o Ij) 0.. '.0 o

.J::::: ""0 i 'u..c Q

01::

I'-

1"",'

-;-..r:.

G)

..
(Signature) I,
.,..." " , .dodeclaretbat
, '..,

the abovenamed
" ...

what is statedincolumns

is true to my knowledge, and what is stated in columns.. """"" ..is stated on information and belief and I believe the same to be true and that the description of the property in the Schedule hereto and the specification of the judgment-debtor's, share or interest tl>erein is true to my own knowledge (or is stated on information and belief, and I believe the same tc be hue, a~ tl-e ca~e,ma} be).

Beforeme,
Solemnl)' declare~ at Bomba), Assistant Master/A ssociate, High Gourt, Bomba}.

is

dayof

,...19.

No.
N ofice under Section 145 of the Code .f Civil Procedure (Rule 317)

46

IN THE mGIt COURT OF JUDICATURE AT BOMB4.Y

ORDINAR.Y ORIGINAL SUIT CIVIL JURISDICTION

No.

OF

]9

~~;~
10

PLAINTIFF'.
D8PBNOANT.

Take notice that you are hereby required under Section] 45 of the Oode of c.ivil Procedme to appear in person or by an Advocate entitled to practice (11this Court beforetbeJudgeinChall1bers onthe dayof 19 a'

11 O'clockin the forenoor to showcause whytre decree/orderpassed against. . . . . .

onthe dayof .......... be executed agail1st you as surety . . .]9 in tl1e I above suit should not for the saId defendant. DatedtJiis <iayof 19

Prothonotary aadS:miol Master.

iealcr

The

dayof

19.

Advocate for......................................

No. 47
IN THE HIGH COURT OF JUDOOA.:JUR ,,:r BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Garnishee NotiCe. (R,ule' 315)

SUIT

No.

OF 19
. PLAINTITF;

""""""""""""""'~~;;;.s""""""""""""::~~EFENDANT.

To The Garnishee Take notice that you are h.er~by re<wjr~? ,on or ~efore

., .. .. . . .. . . . . . .19

.day of
-

"

(i) to pay to the Sheriff cf Bombay(a) a sum of Rs. . . . . . . . . . attached in your hands under the warrant ofattacbment dated dayof 19 issued under Order XXI, Ru Ie 46 ofn'e Gode of Civil Procedure in execution of the de'cree/order dated the day of 19 passed in tre above suit against the l1efendant or so much there of as may be sufficient to satisfy the decree order and the costs of execution; (b) the amount payab e by you to the defendan< abovenamed under the negotiable instrument dated the day of. . . . . . . . . .19. . . .which :!tasbeen attaehed under Order XXI, Rule 51 cfthe Code of Civil proeedure in eneXtltion of jhc decree/order dated the. . .. .. . "'" .. . .day of. ... . . .. 19 passed in the above suit against the defendaat or ~o much there of as may be sufficient to satisfy the said decree and the costs of execution; (ii) to deliver to the Sheriff of Bombay(a) the movable property in your possession which has been attached under O;-der XXI, Rule 46 of the Code of Civil Procedure in execution of the decree/ order dated the .day of .. ..19 passed in the above suit agin~t tre defendant or so much tber,ttcf.:lsmay be sufficient to satisfy tte said decree/order and the costs of execution'; '. (b) the movable prorerty in ycur custody which has been attacI-ecdunder Order XXI, Rule 52 of the Code of Civil Procedure in ex,ecption of the decree/ orcerdatedthe dayof 19 passecinthe above suit against the defendant or so ml'cb thereof as may be sufficievtto satisfy the said decree/order and the costs cf execution; Or to appear before the Judge in Chambers on the .day of...... 19 at 11 a.m. in the forenoon, either in person or by an Advocate entitled to practise in this Court and sho\\- cause why you sJ->ould not be, ordered to de so. In defall1t, an order for paymef't/delivery may be made a~ainst you. Witness GI;iefJusticc. at BC'mbay,this day of 19

Prothonotary

and Senior Master.

Sealer
Tbe
A-149.g-28.

day of

19

.........

Advocate for........................

No. 48
Notice und.t Order XXI, Rule 16, of the Code of Civil Procedure. (Rul.e 317)

IN THE HIGH CJOURT.OF J UDICA TURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF

19
PLAINTIFF;

u..u ~~;s~~ To

"..........."""~EFENDANT.

Take notice that }Ou are hereby required under Rule 16 of Order XXI of the Code of Civil procedure to appear in person or by an Advocate entiled to practise in this Courtb~fretheJudgeinChambersonthe dayof.............. 19 . at] 1 O'clock in the forenoon to show cause WilY the decree passed OJrrder ID3deL, the above suit on the. . . . . . . . . . . .day of. . . . . . . . . . . . . . . .19 .in favour of and by him transferred to......

. . . . . . . . . . . . . . . . . . . . . . . . . . . .should
.., Dated this ...

not be e~ecutec

by the said transferee

agai nst

you

, ..,thejudgment-debtor. day Qf Prothonotary 1' and Senior Master.

Sealer

The Advocatefor""'4"""""""'"

dayof

19

No. 49 IN THE HIGH COURTOF.JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No. """""""""""""""""""" "" ., ,

OF

19
. PLAINTIFF;

Notice UDder Order XXI! Rule 22 or the Code of Civi Procedure (Rules 316 and 317)

versus

. l)EFENDANT.

To Take notice trat you are hereb) required under Rule 22 of Order XXI of tre Code of Givil Procedure to appear in person or by an Advocate entitled top practise in tllis Court before tre Judge in Chambers on the. . ... . .. . . .. . .. . . . . .day of. . . . . . . . .. . decree 19 at 11 O'clock III the forcnoon to show cause why ti'e or der passed against you on the day of 19 in the above suit should not be executed against you. Dated this day of 19 Prothonotary and Senior Master.

Sealer The dayof Advocatef~r................................... 19

No. 50
Notice unci Order XXI, Rule 34 of Civil Procedure. (Rule 317).

11'1THE mGfJ GOURT OF JUDIUA TUBE AT 1.IOMBAY

OttDINARY ~(GINAL GIVIL JURISDICTION OF

SUIT No.

19 . PLAINTII'P;

"""""""""""""""",~~;;~S""""""'"""""'DEFENDANT. ',. .'; .' ;.......................................

To Take n9tice tht you are hereb, required under Rule 34 of Order XXI cfthe Code of (;ivil Procedure to state your objection" in writing, if an) you have, tc the accompanyingdraftcoBveyanceandtofiletpesamcin tbis office on or beforethe........ dayct 19 ard in such event to appear in person or by alii Advocate entitled to practise in this Court before the Judge in Chambers on the. . . . . . day cf 19 at 11 O'clock in the folenooD to support tie same. Dated tris eay of 19 . ProthonotalY Sealer
Tl:e Advocate , for ,...day of , 19 ""'"

and Senior Master.

---

Ne. 51
Notice under Order XXI, Rule 37 of the Code of Civil Procedure. (Rule 317)

IN THE HIGH oonl

~F JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

0,
,
-versus

19
"""H~'PLAINnPJr;
DBJlBNDANT.

;... ..,.

.,

.,

10 Take uotice t11atyou ale l'ereby r~uirc. .aur Rule 37 of Order XXI of tile C04e QfCivil Procedure to appear ia perseubeforctbe ludgein Chambersoatl:le........ day of. . . . . . . . . . . . . . . . . . . .1!J at 11 O'clock in the forenoon to show cause why you should not be committed to jail in execution of the Decree/Order passed against }OUCDthe. . . . . . . . . . . .day of "" . . ... . . . .19 in the above suit.

Dated tbis Sealer Tbe

Adv~te for .~.. . . .

day of

19 ProthonotaI) and...Senior Master.

day of
.~.- ... ... . . 'oO ... -

19

No. 51 iN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF

19

. Civil . PLAINTIFF. Procedure.

versu.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....
DEPENDANT.

Warraut of arrest aft judgment unGer Order XXI. Rule 38 of the Code of (Rule 332)

To 1be Sreriff of Bomba}, Whereas the Plaintiff above named has applied for execution ofthe decree I order oftNs(ourt,datedthe dayof 19 ,b)-imprisonment of the defendant above named ;
I

Amount of d~cree'
l

Rs.

I- p.

Order inclusIveof costs.. Costs of executJOD In(erest at.. """ percent.

Total..
I I

'

_i
I

I
\

defendant if be shall be found in your Bailiwick. and bring him together with this warrant before one cf the Judges of this Court wit!> all convenient speed, unless the said defendant is released by you in accordance with the rules cf this Court: And ttis is further to command you to return tl:is warrant oDorbefore the day of ,19 with an endorsement certi. f)ing He date on and manner in which it bas been

Now this i'!:to command you to arrest the said

executed or why it has not been executed. Witness

,

Bombay aforesaid, this

day of

, Chief Justice at 19

Prothonotary and Senior Master.

Sealer 1kc
Acivocatefor

dayof.-.u
"""""""""""""""".'-"-""'"

,...1'

Note.- The officer in attendance to endorse the crder of discharge or committal. and in the latter case the rate of diet money.

No. 53
Warrant of committal in execution of decree.

IN THE HIGH COURT OF JUDlOATUREAT

ORDINARY ORIGINAL CIVIL JURISDICTION

BOMBAy

SUIT

No.

OF

19

................................
versus' """""""""'" .

, . .. ... . . . . . . . . ." PLAINTIFf~

DEFENDANT.

To, The Sheriff of Bombay

Whereas,the aboyenamed . . . . . . . . . . . . . . . .has bj an order of this, Court dated the dayof 19 been orderedto be committed to jail in execution of the decree/order of this Court, dated the. . . . . . . . . . . .day of .. .. ... .19 ; IRS.
Anr:JU;1tcf decree,
IIlcluslve cf costs.
\

p. r

-I

Costs Interst of atexecutioni per cent.

!

Now this is to command you to lodge tbe said in the ('ivil Jail to be there detained by the Superintendent of the Civil Jail until he is duly discharged according to Jawor tre order of the Court. The diet money is fixed at Rs. 25 per day.

I 1-'-1
I I I

Total..

"---'--

,Witness Bombay aforesaid, this

", day of

"...

Chief Justice at 19

Prothonotary and Senior Master.

Sealer Tbe Advocate for dayof 19

. . . . . . ". . . . . . . .. 0>,' . . ". '" -. .. .. m

No. 54 IN THE HIGH COURT OF JUDIC,," TURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF

19

. """""';e~~~;
To. The Sheriff of Bombay, Whereas, tl-e plaintiff abovenamed has applied for execution of the dccreejrrdcr of this Court dated the dayof 19 by attachment <:.'f the movable property specified in the schedule hereto and belonging to and in the possession of the defendant above named ;
n.

PLAINTlFF.
DEFBNDANT.

Warrant of attachment of movable property in the possession of the judgment debtor under Order XXI,Rule 43 of the Code of Civil Procedure.

R. Amount cf dccreci1---larder
Inclusive of costs.
\

p.

Costs c.f executicw Intercs'at."""'i per Cent.

II
I

Now this is to command yOU to seize forthwith so finc!' of the said property as is not exempted 1 nder Sccctior 60 of the Code of Civil Procedure and to safely keep the property so seized in your custody until the further order of tl,is Court i or until the attachment is ",ilhdrawn by you in i_._- accordance with the rules of thi~ Court;

Total..

And this is further to command you to return tbis warrant' on or before tt'e dayof 19 with an endorsement certifying the date on and the manner in which it has been executed or why it has not been executed.

Witness ..., ...day of

, Chief Justice at Bombay 19

aforesaid,tbis..

ProthonotalY and Senior Master. Sealer The day of 19

Advocatefor.................................

No. 56
Warrant of 8ttachlDent of a debt not seCUred by negotiable instrument under Order XXI. Rule44 of theCodc or Civil ProceciUr~.

IN TUE HIGH OOURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL J.uRISDI.enGN

SUIT No.
"""""""""""""'" ,

OF 19
. PLAINTIFF ; . J)BFENDANT.

~~;s~s

To. The Sheriff of Bombay, ee of the cecr ~.~ d cfthis Court dated the day of 19 byattachment of the debt specified in the schedule hereto and due by. . .. .. . . . . .. . . .. . . . . to the defendant abovenamed and not securec by negotiable instrument; Now this is to command you to cause tc be Rs. p. made known in the manner provided in this behalf Amount (,f dt:cree,I -1--:--] by the Gode of Civil Procedure that the said de(en~ inclusive of costs. gant be and ish~reby prohibited from recovering Costs of execution the saig d~Qt or an} part thereof and that. . . . . . . . . . be and is hereby prohibited from makin? payment of the same or any p~rt thereof until the further Interest at ,. order of this Court or until the attachment per Cent. -1-1 is withdrawn b} you in accordance with the rules Total of this Court; . Wherea:s the Plaintiff above named has applied for e~cqtion

...

And tbis is furtber to command you to r,eturn this warrant on or before tl,c . . ..". . . . . . . . . . . . . day cf. . . . . . . . . . . . . . . .19 with an endorsement certifying the date on and manner in which it has been executed or why it has not been execUted.

Wit~~ss Bombay aforesaid, this day of

Chief

Justice 19

at;

Prothonotar}

and Senior Master.

Sealer

The Advocatefor..................

dayof

19 .

ScmIDULE

No. 56
IN THE HiGH COURT 011'JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF
,

19 .
PLAINTIFF;

versus

Warrantor attachment of shares in public companies under Order XXI, Rule 46 of the Code of Civil Procedure.

"._" To, The Sbeliff of Bombay,

DEFEND~.

decree order oftbis Court dated th<>..: : da} of : .].9 by attachment ofthe shares specifIed 10the schedule hereto and standIng, IIIthe name of tl>e defendant above named in the (name of company) ;
RS. Amount of decreeflorder, inclu:;ive of cests.
/

Wrereas,

the plaintiff above named Rag applied for execution of He

p.1 made kno\Vn in the manner provided in ths behalf

Now tbis is to command yeu to cause to

b~

Costs of execution ".. Interes t at '" per cent. Total

-1-

by the Code of Civil P:occdure tbat the said defendant be and is h~reby prohibited from transferring the said shares or receiving pa}ment of any dividends thereon and the said Company be and is hereby probibited from permitting any such transfer or making any sucb payment' until the furtber order of this Gourt or until the attachment is withdra\\'n by you in accordance \\'itb the rules of this Gourt ; .

And this is further to command you to return this warrant on or before the dayof 19 with an endorsement certifying the date on and t1::e manner in which it has been executed or why it bas not been executed. .
Ii

,Witness

n
", ",

~.

Chief Justice
]9

at
.

Bombay aforesaid, this

day 0 Prothonotary

and Senior Master!l

Sealer
.. "

Tbe Advocate for .\-1498-29.

,,-.--.

dayof

19

Scamuu

No. 57
Warrant of attacltlD8at ofmovablo Property in possession of thir4party
'

IN THE HIGH COURT OF JUDIOATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

un4cr Osdel' xxr;,RUte46 ofthe:.Qode ofCml

PrQGCduro.

SUIT No.
""""',"""""""""""""""""""""'"

OF

19 .
PLAINTIFF;

versus
'..' Dl!FBNDANT.

To, 1}1e Sheriff of Bombay, Wbereas,tbe plaintiff above named has applied for execution of the decree/order dated the ..day of .19 . by attachment of the movable property specified in the scredule hereto and bdonging to the defendant abovenamed but in the possession of ,............... Now this is to command you to cause to be made known in the manner provided in this behalf by the Code of Civil Procedure that the said defendant Amcunt of d crce/ be and is hereby prohibited from receiving from order, iuclusiv~ of the said. . . . . . . . . .tbc said property or any part cos:s. thereof and that the said be and is Casts of cx~ution. hereby prohibited from giving over the said Interest at ..""" property or any part thereof to the said defendant, per cent. t'ntil t)1e further order of the Court or until the attachment is withdrawn 'by you in accordance Total with the rules of tl-is Gourt; And tl:>isis further to command you to return this warrant on or before the. . . . . . . . . . . . . . . .day of. . . . . . . . . .19 with an endorsement certifying the date on and the manner in which it has been executed or why it bas not been executed. --

Rs.

I p.1
,-

.Witness ,Bombay aforesaid, this. .. . .. .. . .. . . .. . . . . . day

of. .

, Cbief Justice at . .. . . . . . .. .. .. . . . .19

Prothonotary and Senior Master.

i'

Sealer Tbc...,
Advocatefor

dayofn
,."""""""""

19 8
ScHBDt1LE

No. 58
TN TIlE HIGH (JOURl OF JUDICATtJ1UE AT BOMB4Y
OlmINAlt.y ORIGINAL CIVIL JUlUSDICI10N
\ .

at, pUbUQ .
QJ'ficec'dDtG., UQder: Qrdor

to~"al8IY
'

Surf No.

OF

19
PLAIl(rIFP;

~CiVl

XXI.lWlo.. of tbo..1

Proc:edure.

versus
""""""" .: ~ ~AN'I'.

To, """""""""""""'"
,I

...

Wbereas, tbe defendant above named..

Rs.
AIDeunt cf dtcrec/

CQ$ts. Costs ofext:cuticn. I...terest at ""'"

ptrcent.
Total

order, inclulivl. of

--

P.
I

the defendant) receiving his salary (vI ~wances) at your hands; And \\'hereas, the plaintiff

..is a (state post held by

. __order

decree of this Court dated the ~

said defendant to the exentof.. . . . . . . . . . . .. . . . . . . , . . . . . . . . . . . . . . . . . . .due to him under' the

abovenamed bas applied to this c.ourt fc:C attachment of the salary (or allowance~) tf the

................

dayof

19

You are here by req.uired to withhold the said sum of Its.. . . . . . . . . . . . . . . . . . . . . . from the salar} of the said defendant in monthl} instalments of. . . . . . . . . . . . . . . . . . and to remit the said sum in monthly'instalments to the Sheri1f of Bombay, uatil the further order of this Court. .Witness Bombay aforesaid, this , .day of :

, <Jhief Jutice at
.19 .

Protb9Rotary and Se.iOI Master.

Sealer. 1he

.
;day. of ,...~..., I-9..

Advocate for........................

No~ 59
Attachment of partnership property under Order XXI,Rule 49 of the Code of Civil Procedure.

IN THti} HIGH COURT OF JUDJCA'lUR:E .\1 nOMlt<\Y

ORDINARY OJUGlNALCIVlL JUlUIDIOI'lON

SUIT No.

OF

l' .

..., ,. u ,c.""-,"""~"'~'"
.~ ..~ .."'M"~'..

u.,.- ._~.~ ve,sus

:..'HM"'

.-~.- ,..~~. .Pl..AI,N11FFt

])EFENDANT.

CORAM :

(in Chambers) Date: Upon R~adin,g the ('hamber Summons herein dated the .day of . . . . . . . . . . . . . . . . . . . . 19 and the affidavits mentioned in the list "A" hereto And Upon Hearing Advocate for tbe Plaintiff and.............. .Advocate for the Defendant and .Advocate for ,partnersinthefirmof........................ it is ordered that the interest of .as a partner in the
.

v.jjh payment to the Plail1tiff of the amount due under the decree and it is further ordrred that ..be and is hereby appointed nce ivcr oftbe share of stich partner in the profits of the said firm (whetber accrued, declared or accruing) and of any otter money which may come to him in respect of n'e said parthclship.

property and profits of the firm of

. . . . . . . . . . . . ~.. . . . .do stand charged

(1 his ordcJ: may also direct aCCGuntsto be taken and inquiries to be made and also order sale of such interest as may seem just and right). Witness aforesaid, ttis day of ChiefJustice 19 atBombay

By the Court,

Prothonotary and Senior Master. Sealer The Advocate for dayof

--LIST "A"

19

N~

CiO

IN 1HE HIGH COURT OF JUDICATURE AT BOMBAY

(}RDINARY ORIGINAL GIVIL JURISDICTION

SUIT

No.

OF

19
PLA1NnFF;

Warratd of attachment ofNeaotiable Instrument under Order XXI; RuleS1 of the Code of Civil Procedure.

versw
DEFENDANT.

To. The Sheriff of Bombay, Whereas, the Plaintiff abovenamed has applied for
of this Court dated the

execution

ree of the dec or d er

. . . . . . . .day of

. . . .19 by attachment

of the property specifie~ in the schedule hereto and belonging to the Def.ndant abovenamed ;
,
Amount of decree! I order incl usive of costs. COits of execution

Rs.

1--

p. Now tbis is to command you to seize forthwith the abovenamed property and to safely keep the property so seized in your custody, until the further order oftNs Gourt Ofuntil the attachmeat is withdra\\on by you in accordance with rules of tkis (;ourt ;

blterest at........ Per cent. Total

1--_1-'-

And this isfwtherto command youto return this warrant onor before the. . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . .19 with an endorsementcertifying the date ORand the manner in wlicb it bas been executedor wby it has Botbeen executed. .Witness Bombay aforesaid, tlsis ..day Gf , Chief Justice at :... .J9 !

Prothonetar, and,,senior Master.

Sealer
The
Advocate

~... ... ... . . ... ...day of.. ... . . . . . . ...19

for ... ,.. - , . ... ... ... ... ... ,.. ... ... .., 0-0 ... ScaBDULB

....
K otie8 UDder

Rule 52

Order XXI
;;C

IN 1'II'EHIGH OOURT OF JUDICATIJR&AT BOMBAY

OlIDlNAllY ORIGINAL CIVIL It1R1SDICl10N'

the Code of avil

Procod....

SUIT No.
'.'

OF

19. .
PLAIN'rIPF;

W!1'811.f
~ I>EFBNDANT.

70.

R~.
Amount of decree/' order, inclusiveof costs.
l

P. j

Cost of execution
Interest at

. .. . . .. .
-~I-I

per cent. Total

,Witness Bombay aforesaid, tbis

Whereas, the Plaiutift' abovenamed has applied for execution of the decree of this Court, order dated the .day of .19 . by attachment under Pule 52 of Order X:"JU of the Code of (,ivil Procedure of the moneys or property specified in the sc}o.edulehereto and belonging to the Defendant abovenamed, but in your hands; Now, tab notice that under Rule 52 of Order UI of the said Code )toUare requested to hold the said moneys or propert)t until the further order cf this GoUlt. Chief Justice at. : day of 19

Pr.tli...tary

aR4 Seaier

Mastel'

Sealer TIle

.-. ~...... -

_clay of-h.'"- - - _19 .

..-

A4YOCilte fer, . ... 0<. ... - ... M.-. ... ... ... ... - - -

&~...

No. .62
IN'THEHIGH.<JOWTOF
OIwINAllY

.n1DDJOKf{JRBATBOMBAY

Notice UDder Order Dt.

'

O&IGINAL CIVIL JU'lUSDICTION ,

SUIT

No.

OF

19

Rule\S3j:.(l) (a)-and{6)Jbf the.COde of avirPrOQddore.

:
versus
' ,

PLAINTlFF; DBFIINDANT;

To, (Name of Judgment-debtor bound by tJ:.e l&ecreeto be attached).

WJ:oeteas, the Plaintiff abovenamed has appliea for executiofl of the decre (order), datedthe dayof 19 cbtainedbYbim againsttbe Defendant abovenameaby attachment oftbe decree fot muney passed by tbi$ Court in &uitNo of 19 wherein the Defendant above named is the plai ntiff and you are the Defendant; Now take notice tl:>atthe said decree for money is SuitN(;,. . . . . . . . . . . .of 19 has been attached ,by order ofthis Court, under Order XXI, ~ule 53 (1) (a) of too Code ofCivi! Prccedure and you are hereby directed to pa) to the Sheriff of Bombay the sum of Rs.. . . . . . . . . . . . . . . . . . , .in order that the same may be applied in satisfaction of the decree in tris suit fOt that amout't including costs of execution. Dated this day cf 19

Prcthenctary

and Senior Master.

Sealer

The ............ ......day of."

Advocate for. . . . . . ... . . . . . , ... -

,119 .
- - - - - ...

No. 63
Notiee under Order XXI. RuleS3 (1) (b) of the Code of Civil Procedure.
\

IN THE JUGH OOURTOF JUDIO;\TUREAT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No. OF

19 .

...........
..,... :... ..., .:.,... To.
The Judge, , Ccurt. ~
:

PLAnmFF;

...,

..~~~;.;

...:

DllPmmANT;

Whereas, the-Plaintiff abovenamed has applied for execution of the decree, dated

the

dayof

19 obtainedbyhimagainstthe

Defendant above named by attacrment of the decree for money passed by your (;ourtin St'it No ..., . . .of 19 in favour oftbe abovenamed.. .. ...... and wl'erein the said is ~he Plaintiff, and , is the Defendant; Now, take notice that you are requested to stay the execution of the said decree
.

of your Court until you receiveintimation from this Court that this noticeis cancelled
or until the holder of the decree of this Court applies to }OUIGourt to execute the decree of your Court.

Dated tbis

day of

19,

Prothonotary and Senior Master.

Sealer

The
Advocate for.." u

day 0(

,..19 .
",.........

No.

64
Nob<.e under Order XXI, Rule 53 (4) of the Code of Civil,Pro. cedure.

IN THE mGH COURT OFJUDIOATURE AT BOMBAY,

ORDINARY ORIGINAL CIVIL JURISDICTION

~UlT

No.

OF ,19 . . PLAINTIFF;

"""':"""""""""""";;r~;":::":'...':':''...'. .. .......... .. .. .......... ....... ......

DEfENDANT

To,

(Nameofthe holder of the decreesought to be attached).

Whereas,the(plaintiff) abovenamedhas applied for execution oftI1e decree,dated tite .day of .19 obtained by him against you it the above suit b) attacJ:omentof the decree, dated the. . . . . . . . . . . .day of. . . . . . . . 19 passedin}ovrfavol1rinSuitNo of 19 intheCoUlt of ; Now, take notice that under Order XXI, Rule 53(4)ofthe Code of Civil Procedure )Ou are prohibited from transferring or charging tJ.e said decree in an, way until thf; furtlt."r ceder of this Court. Dated. tbis day, of 19

Prothonotary Sealer l'he Advocate for da} of 19

and Senior Mastt r

,..

A-149s-3<'J

No. 65
attachment of immovable property under Order XXI, Rule 54 Qfthe Code of Civil Procedure.
,

W'arc,mtof

IN THE lUGH COURT OF JUDI<J-\TURE AT BOMBAY

ORDINARY ORIGINAl GIVIL JURISDICTION SUIT

No.

OF

19 . PLAINTIFF;
DBFBNDANT.

"""""""""""
""""""""""""""""~~;SllS , ',""'" .'..:........................................

To,

The Sheriff of Bombay, Wrereas. the Plaintiff above named has applied for execution ofthe decree (order).' of this Gourt, dated,the dayof 19 by attachment oftbe. immovable property specified in the ~chedule hereto and belonging to the Defendant

abovenamed

;'

I ~ ~ Amount of decree!
.

order Inclusive of costs. Cost cf execution interest a t

,'.."

I
'

Now, this is to command you to cause to be made known and proclaimed in the manaer provided in this behalf by the Gode' of Civil Procedure that the said Defendant is hereby prohibited from transferring or charging the saill propert} by sale, gift or otherwise and tbar" a/(
persons are hereby prohibited same tf 0111 the said Detenc'ant

per Cent. Tdial ..' ,

.

cr of this Court oth~rwise, until furt~er or~ untIl the attachment IS wIthdrawn by you accordance with tpe rules of this Gourt ;
.

trom Ieceiving the by purchase, gift l1'

or in

Andtbisisfurther tc command you to return this warrant on orbeforethc........ day of. ~. . . . . . . . . , . .:.., . ; . .19 , with an eridcrsement certifyi~g the date OR, and the mannel in which it has beeD executed or the reason wh'r Itha<; not been executed.

.Witness Bombay aforesaid, tbis

da) of

, Chief Justice at 19

Prothcnotar) Scaler Tbe dayof

19

and SeniOI Master.

Advocatefor""""""""""'~HEDULE

No."
IN THE HIGH OOURT OF JUDJO4.TURE AT:BOMB4.V
ORIGINAL CIVIL JURISDICTION

.ORDINARY

SUIT No.
, "",

OF

19

..................
versus :

Warrant for sale of movableproperty under Oriel XXI,Rule, 64 Qf the, Code of Civil ProPLAINTIF:F;cedure.

."

DEFENDANT.

To, The Sheriff of Bombay,

'-

Whereas, by a cecrec passec in Ire above suit on the dayof., J9 ,it was <>rdeledthat................................
1

Amount of decree, inclusive of ccsts Costs of pre vious execution. Costs of this warrant interest at the rate cf
" percent'

-~~.
I

A'r:d'~h'e:'~~~: . .b)' ~. . ~~I:r~~t'~f' . ~tt'~~h~~~t'. . eff

movable property, dated t}le. . . . . . . . . .da} of. . . . . . . . 19 ,thefollowingmova bel property was attached, nal11ely,.. . . . . . . . . . . . . . . iDexecutionof snid decree; Now this is hereby to command you that 'lOll do on a day and at a place to be appointed by you for tIlat purpose and of whic!:> you shall cause proclamation te be made in due form of law sell by public auction the movable property aforesaid 01 so much of it as sl'all be necessan to satisfy the said decree; .

-Ij

Total..

And this is 1urther to command you that YOt'do retain tre moneys to be realised by suef; sales until the fwthr order of this Ccurt ; And this is lastly to command Yot'to return this warrant CD01 before the. . . . , . . . day of. . . . . . . . . . . . . . . . . . . . . .19 , with an endcresement certifying the date on aDdthe mannerin which it bas beencxecutec orthe rease]] wry it has net beepexecutcd. .Witness Bomba) aforesaid,ttis day of , Ghef Justice at 19 .

Prothonohuy

and Senior Mastci.

Sealer 1he
Advocate for"""""""""",,"~""'--"d

dayoL

19

No, '67
Warrant of for sale immovable property
,

IN THEIDGH COURT OF JUDICATUlf-AT BOMBA l'

ORDINARY ORIGINAL CIVIL JURISDICTION

under Order

.XXI, Rule 54 "f>{the Code of Civil Procedure

SUIT No.

OF

19
PLAINTIFF.

"""""""""""""""""""""""""""" """""""""""""""""~;r~~~""""""""":~EFENDANT.

To, 1re Sheriff of Bombay, Wbereas, by a decree passed in n e above suit on tre . . . . . . . . . . . .day of. . . . . . . .

19

itwasorderedtbat

Andwheressry

a watrant of attachement of immovarIe property dated the .' .da)' of ]9 the fcIIo\\<ing lands and Rs. p. --premises were attached, namely,.................. in execution of the said decreey; Amount of decree Now this is hereby to command ..you tbat you inclusive of costs do, on a day and at a place to be appointed by Costs of pr~vious you for that purpose and of which you shall caUse execution proclamation to be made in due fcrm of law, sell C)st of tl'is warran by public auction all the right, title and interest of Interest at"...... the . . . .,. "" . " .in the lands and premises per c~nt. aforesaid or so much thereof as shall be nece~ sary to satisfy the said decree; And this is further Tctal to command you that you ,do retain the moneys to be reaiscd by such sale until the further order of this Court;
I

I~;-

And this is lastly to command you to return this warrant on or befNe the. . . . . . . . day of. . . . . . . . . . . . . . . . . .19 with an endorsement certifying the date on and the manner in which it has been exeeuted or the reason why it has not been executed. .Witness Bombay aforesaid, this , Chief Justice at .19

.day of

Protronotary and Senior Master.

Sealer
Tbe Advocate fcr.. u da} of " u ""-'" 19

Ne.68
.

IN THE IDGH COUft1' OF JUDICATURE A1 BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No.
,

OF

19
PLAINTIFF;

CollditioRS of sale of immovable property. (Rule 521).

versus
DEFENDANT.

Gonditions of sale of the property described in the notification of sale in Suit No of 19 . 1. The property shall be put up for sale at a sum to be fixed by the Commissioner at the time of sale, the highest bidder shall be the purchaser and if any dispute arises as to the last or higrest bid, the same shaH be put up again at the last undisputed bid and re-sold. 2. No person shall at any bidding offer a less sum than what shall be fixed by the. Commissioner or retract a bid. 3. The sale is subject to a reserved bid which has been frxed by the Commissioner 4. The purchaser shall at the time of sale subscribe his name and address in the bidding paper and all written notices and communicatiom and summonses shaIl be deemed duly delivered to and served upon the purchaser by being left for him at such address, unless or until he is represented by an Advocate entitled under tl1erules to act in the .suit or matter. S. Subject to the provisions of clause 6, the pmchaser shaIl at the time of sal;) pay a deposit of tweny-five per cent on the amount of his purcl1ase money to the Commissioner; otherwise the property shall forthwith be re-sold. Any deficiency of price wh;ch may arise on a re-sale by reason oft he purchaser's default and all costs and expemes occasioned by such re-sale shall be recoverable from the defaulting purchaser under an order to be obtained from the Judge in Chambers. lhe Judge may direct the defaulting purchascr to pay interest at such rate from the date cf default and on such amount as to the Judge may seem just. 6. Where a mortgagee of the property which is being sold bas obtained leave to bid and to set-offhis claim again~t the purchase money and is declared the purchaser, lhe provisions contained in Rule 547 of the Rules of the High Court, Original Side, with regard to a mortgagee purchaser sI-a1lapply. 7. The partY.having the carriage of proceedings shall withi~ .days after the sale delIve! to tpe puchaser or hISAdvocate .on reco~d, If required by him, an abstract of the tItle to the property purchased by hIm, subject to the stipulations contained in these conditions; and the purchaser shall, within .days after the actual delivery of the abstract, deliver at the office oftbe Advocate on record for the party having the carriage of proceedings a statement in writing of his objections and rcquisitions(if any) to or on n e title as deduced by such abstract and upon the expiration of such last J)1entioncd time (and in this respect time is to be deemed of the essence of the contract), the tit1c shall be considered as approved of and accepted by the purchaser, subject only to such objections and requisitions' if any. ' 8. Subject to the provisions cf clause 9, the purchaser shall pay to the Commissioner the balance of the purchase money together with the amount of stamp-duty payable on the conveyance to be executed or on the sale certificate to be issued, within 30 day~ from tre date o~the sal~ 01 \\oithin sucl:> further time as may be allowed by the Judge 111 Chambers andlfthe saId amounts be not so paid, tbe deposit may if the Judge thinks tit, after defraying the expenses of the sale, be forfeitel to the Governmen t and the property shall be re-sold and u,e defaulting purchaser shall forfeit all claim to the property or to any part e:fthe sum for wbicl it may subsequently

be sold. Any deficiency of price which may arise on a re-sale by reason of the purchaser's default and all costs and expenses occasioned b~ such re-sale shall be recoverable from the defaulting purchaser un~er an order tob~obtained from the Judge in Chambers. The Judge may direct the defaulting purchase!' to pay interest at suc};rate from the date cf default and Op sud amount as to tbe Judge may seem just. 9. Where a mortgagee cf thc property wbic}' is b~ing sold has obtained leave to bid and to set-off !'is claim against tbe pvrchase money and is declared the purchaser, the provisions ccntained in Rule 547 of the Rules of the High Caurt, Original Side, with regard to a mo:tgagee purchaser shall apply. 10. Upon payment of the purchase mon~y and the amount of stamp duty in the manner aforesaid and on confirmation of the sale by tre Court, the purchaser shall be entitled tc possession of such part of thc property as are in tpe occupancy of the mortgagor or the mortgagee and to the rents and profits of such parts as are let as from the day of sueD payment, and shall be entitled to a proper eanveyaDce, wherein all proper parties sball join as the (,ommissionf:r shall direct. Suct conveyance shall be prepared by and at the expeme of the purc.raser such expen;c to include tbe stamp duty registration fee and tbc costs of pelUsing and approving the draft conveyance on behalf of the vendors and all correspondence in reference thereto and the conveyance shall be tendered and left by tbe purchaser at the office of the Advocate for tl'c party having the carriage of the proceeding for-execution by the proper parties. In case of diflhence the draft conveyance stall fortllwith be lodged by the purchaser in the office of the Commissioner. 11. In the event of the conveyanc'~ to the purchaser not b~ing executed within thirty days from tre date oftbe cC'nfirnation of He sale it staJJnot be lawful for the purchasc! at tb~ expiration of such nirty days to object 011the glOund r-f his not having received his conveyance or otherwise to such distribution or payment of the purchase money as the Court or tre said Commissioner may direct but the purcl'ase without any written acknowledgment or consent shall be taken to,bave con,cnted to such distribution or payment. 12. 1he purchaser srall not be liable to pay the outgoings previous to the 'day of paymcnt othe purchase money and the rents and outgoings shall be apportioned if necessary. The purchaser shall at his own expense take such steps as may be necessary for tre purpose of obtaining possession. 13. 1 he production and inspection of all deeds evidence and muniments of title which are not in possession or power of the party having the conduct of the proceedings and the procuring and making of all certified attested or otter copies or extracts of O!from any registers, deeds, wills or other documents and of all declarations or other evidences as to identity whether required for th verirlcation of t11e abstract or for' any other purpose shall be at the expense of the purchaser requiring the same. 14. If any chor or mis-statement shall appear to have teen made in tte particulars or description of tIle prQperty such error or mis-statement (if capable of compensation) shaH not annul the s~le nor entitle thc purchaser to be descharged from his purchase but a compensatlOl1 shall be made to or b) the purcl'ascr as ttc case may be and the amount of such compensation shall be sett!ed by the Commissioner. (Add to these such special conditions as may be necessary). Dated this dayof 19 Commissioner.

No. 69 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION C !Iliilitions of sale of immovable preperty. cHter than n~=otiable s~curiti'.: s etc PLAINTIFF; (Rule 521).

SUIT No.

OF

19

""., , , ,. """"""""""""""'~~;;l;;"""""""""':::::::~EFENDANT.

Conditions of sale of movable property other than negotiable sccmtics or shares in any Banking or other Public Company or C'orporation. Condilion~ of sale of the peopc"ty described ill the notification of sale in Suit No. of 19 "0 1. No person shal! at any bid~ing offer a less sum than what shall b~ fixed by the Commissioner or retract a bId. 2. 1he higbest bidder sl'311b~ the pUl"Cba5erprovided the Commissioner shall. consider that a sufficient bid ha~ been offered; and if any di~.putearises as to the last or hi:hest bid, the property shall be put up again at the !a.;t undisputed bid and re-sold. 3. Subject to the provisions of clause 4 the purchaser shall at the time of the sale pay to the Commissi~:merthe full amount of. the purchas~ mo~ey ; ot1'erwj~e the property shall fo,tbwlth be re-sold. Any defIcIency of pnce whIch may arise on a re-sale by reason of the purchaser's default and al~ costs and expenses occasioned by such re-sale shall 11:recove:-able from the defaultmg purchas~r under an order to be obtained from tJh; Judge In Chambers. 1he Judge may direct the defaulting purchaser to pay interest at s~,ch rate from the date of default and on such amount as to the Judge may seem Just. 4. Where a mortgagee of the property which is being sold has obtained leave to bid and to set-off his claim against the purchase money and is declared the purchaser the provisions contained in Rule 546 of the Rules of the Hi!!h Court, Original Side witl' regard to a mortgagee purcraser sllall apply. 5. Upon payment oftJ:'e purchase money the pmcbaser shall at his own expense take sucb steps as may be necessary fOl the purpcse of obtaining delivery of tbe property. 6. The Gommissi?~er shall, as soon as possible after the sale proceed to certify the result. Such certIfIcate shall be fIled by and at the expense oftl'e party bavin!! the ccnduct of t}'le proceedings. (Add to these such special conditions a~ may be nece~sar.

Dated tbis

day of

19

uommissioner.

No. Bidding paptl,r. (Rule 540) IN TflEHIGlIOOURT

70

" -BOMBAY

OF JODWATtJ'REAT

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT

No.

OF

19
PLAINTIpcP;

. ."""""':,""'~""""-"""""""""""'"

versus

c...:.,

'

:.~

DBFENDANT. .

I whose signature is hereundersubscrib~d bid the amount hereunder mentioned in column two at the sale held in the above'suitonthe day of 19 cf the property hereunder mentioned in eolumn I and was declared the purchaser of the said property subject to the conditions of sale whicJ:o were read out at the said sale.

Short particulars /A;mount?fIA~ou~t

of I

A;~~lI~t - Full name of

Add~ss. and

the:~:{-I :g~:t~~ ~~:~ :~:~ ~~ :~P~:~S:,3~~;;~

!

Before me

Commissioner, High Gonrt,

Signature of the purchaser.

No. 71
IN THE HIGH COURT OF JUDICAT.URE AT BoMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.
,
'

OF

19.

Certificate showing persons w1to have applied for execution of

money

PLAINTIFF;1~~I~e337J

versus
>

DEFENDANT.

and .:. "" ., JUD6EMENT-DEBTVR.

I l1ercbycertify at tlte request of. . . . . . . . . . . . . . . . . . . .Advocatefor. . . . . . . . . . . . ,.. , ..,.. .thattbepersonsmentionedin the schedule heretfi)annexed have ",ithin twelve months prior to the. . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . . .19 (being the date of the realisation of the assets mentioned ill the Sheriff's certificate dated the. . . . . . . . . . . . . . . .day of. . . .'. . . . . . . . . . . .19 )
~

applied to this Gourt for execution of decree for money against the abovenamed judJ1llel!lt-de.tor or have been declared entitled to share in such assets, and that the ",oulrts set opposite their respective names appear to be payable under such .eeree.

J!l)atedtais.

.day of.

.~

19

Prothonotary and Senior Master.

Sealer The
Advocate for
"""""""""""""",

day of

19
Il~

SCHEDULE \

..

".'

A-1498-31.

No. 72
Notw. to Judgmentcreditor (R.u1.317).

IN THE HIGH COURT OF JUDICA1UREATBOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No.

OF 19
PLAINTIFF;

versus
'

DEFENDANT. ...

and
, JUDGMENT-DEBTOR.

To
. ....... ........... ....... .. ........

Whereas, the Sberiffof Bombay hs on the.. . . . . . . . . . . . . . .day of. . . . . . .. .. .. 19 realised assets to the amount of As. . . . . . . . . .'. . . . . . . .in execution cf the decreedatedthe dayof 19 in Suit No. ., 19 against the abovenamed ; Notice is hereby given to all persons who claim to be entitled to share in such assets under section 73 cf the Code of Civil P16cedure that they attend either in person cr by treir Advocate entitled to practise in this Court before the Judge in Ghambersonthe dayof '.19 at 11 O'clock in t1"eforenoon in ~upport of tbJer claims, otherwise ar order for the distlibutioll of such aiisets will be made in tl'eir absence. Dated tbis day of 19

Prothonotary 1. Sealer 1he day of 19

and Senior Master.

Advocate for....................................

No. 73 IN THE mGH OOURTOF JUDIOATUREAT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

Order for paymoatby Sheriff (RuleJ~.

SUIT

No.

OF

19
~ PLAINTIFF.

ve rstlS
DEFENDANT.

order i inclusive of costs..i Cos's of pn:vious execution. , Costs of this Order

Upon Reading the certificate of the Prothonotary and Senior Master, datec:!the ., .day of .19 heret<: annexed and marked "A" it is ordered that the Sheriff of Bomba" do pay to the PlaintitftI.-e moneys mentioned in his certificate dated the ,..,......... dayof. . . . . . . . . . . . . . . . . . . . J9 or so much thereofas may be sufficientto satisfy the decree and Rs for costs of this Rs. F, order after deducting thereout. his poundage and other incidental charges unless the said mcney are on er",ise attached in his hands. decree I Amount of-I

Interest at........ per c~nt. Total.

-,.

Datedthis...

......dayof.. -. .. ,- ._1~
Prothonotary an<!Senior Master.

Sealer

1he...... ..... Advocate for

.. ..day of ,

_19

N...- .... ... ::. .i~. ~

NO.
Warrant of Possession under Order XXI. Rules 15 a.nd 36 ~f tile Cede ef Civil Procedure.

74 AT BOMBAY

IN 1HB HIGH COU~T Ol<JUDIGATURE

ORDINARY ORIGINAL GIVIL

JURISDICTION

SUIT No.
""""""""""""""""""""""'_'3"""""""""

OF 19
..PLAINTIFP;

versus
' m"""",~""""""""",,',.n".,...DI'!FEr-D.o\NT.

To

The Sheriff of Bombay,

Whereasby a decreeofthis Court passed in the above suit on the. . . . . . . . . . . . . . 19 ,itwascrderedtbat........................ dayof
!

, .Thi~ i~ 'th~~~f:;e' t~ '~~~~~~d' y~~' t~ de'li~~r'~pt~' tb~ ~~ici'pl~i~ti'tf p'~s~~~~i~'~ ~f so mucJ:oof the said property as is now in the occupancy of tbe Defendant or other person bound by t he decree and if need be to remove t lie said Defendant or such other person if he refuses to vacate the same and as to so much thereof as may be in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, to make delivery thereof by serving a notice in writing, containing tre substance oftbe said decree, on each occupant, but if the occupant cannot he found then by affixing a copy ofthis warrant in some conspicuous place of the said property, and proclaiming to the occupant by beat of drum or in such other mode as is customary, at some convenient place the substance cf the decree in regard to the said propel ty ; And this is further to command you to attacb and sell so mucr of the movable property eft he said Defe~dant as ma~ be necessary for realising the costs of execution of this warrant as noted In the margIn hereof and the costs of such attacbment and sale if any, and to pay the sum so realised to the judgment-creditor or to his Advocate on l:ecord; And tl'is is lastly to command you that you reham this warrant on or before the day of 19 , with an endorsement certifying the date on and the manner in which it has been executed or the reason why it bas not been executed.

Witness
aforesaid,this day of

, Chief Justice at Bombay,

19

Prothonotary

and Senior Master'

Sealer

Tbe..~,...",

day of.,.~. . ,..,."..19

Advocate forM' -- - -- - - ,.,L'_.~ - ""."" ..,-

No. 7S IN HIS HIGH COURT OJ;< JUDICA1URBAT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDIcrIO~

Warrant of
possession under Order XXI. Rules 9S and '6 of the Code of Civil Proceduro.

SUITNo.
"""""""""""""""""""""""""""

OF 19
PLAINTlFF;

versus
""""""""""""'~""""""','n..o-o "o-o, ]}EIIENDANT.

To

The Sheriff of Bombay. Whereas. under an order of sale made in the above suit on the. . . . . . . . . . . . . . . .

day of

.19

the property in the schedule hereto annexed

was sold by and a certificate in respect thereof has been granted under Order 21, Rule 94 of the Code of Civil PJocedure to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. the' purchaser thereof; and whereas lot No.. . . . .. .. .. . . . . . . . . . : . . . . . . . . . . . .is in the occupancy of (the judgment-debtor or some person on 11isbehalf or of some person claimi ng under a ti tie created by the said judgment-debtor subsequently to t lte attachment of such property, as the case may be); and whereas, lot No.. .is in the occupancy of who is entitled to occupy the same; 1his is therefore to command you to put the said purchaser or any person he may appoint in possession of so much of the said property as is in the possession of the said judgment-debtor (or etc.) and if need be to remove any person who may refuse to vacate the same, and of so much of the said property as is in the occupancy of any person entitled to occupy the same, by affiixng a copy of the said certificate of sale in some conspicuous ~Iace on the property and proclaiming to the said occupant, by beat of drum or III such other mode as may be customary, at some convenient place near the said ~roperty, that the in!e~est of the said judgment-debtor has been transferred to the saId purchaser and thIs ISlastly to command yOUthat you return thiswarrantonorbefore dayof ' 19 , with an endorsement certifying the date on and the manner in wl:>ich it has been executed or the reason why it has not been executed.

aforesaid, this

Witness

day of...,

, Ghief Justice at Bombay 19

Prothonotary Sealer

and Senior Master.

The

dayof

19

~dvccate for H. . . . . . . . . . ...n

-. ...no......-.-SclJmULE

No. 76
,loner's summons to judgmentdebtor for settling ,roc:lamation of sale. (Rule 579).
Ceaunis

IN, THE HIGH COURT OF JUDI0A.TURE

AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No.

Of

19 .
PLAINTIFF;

"

~.: versus

DEFENDANT.

To The Whereas in pursuance of a warrant of sale, dated the. . . . . . . .day of. . . . . . . . . . . . .,. . .. .., . ., .. .. .. .. .. . .19 , the Sheriff has been directed to sell the following propelty at the instance of " (Description of property) You are hereby required under the provisions of Rule 66 of Order XXI of the Gode of GiviI Procedure to attend at my office upon the. . . . . . . .day cf. . . . . . . . . . 19 at o'clockinthe noon and to bring with you and produce at the time and place aforesaid all title-deeds and dacumentsin your possession or power lelating to the said property. Datedtfis daycf 19

Ccromissioner.

No. i7
Notice to perSODS having claims on attached property. (lluleS81).

IN 1 HE HIGH COURT OF JUDIC1\.TURE A1 BOMBA Y

ORDINARY ORIGINAL CIVIL JURISDICTION

. SUIT No.

OF

19

.
PLAINTIFF'
DEFENDANT.

"""""""""""""""~;r~~~"""""""""
':

Whereas in pursuance of a war.rant cf sale~. dated the. . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . J9 , n e Shenff bas been (:Irected to sell the folIowiLg property. at the instance of ; (Descl'iption of property) Ndtice is hereby given to all persons having any right ~r i~terest.in or any charge cr claim on the abovenamed property (other than claIms InvolVIng an objectiov to the attachment or seeking tbe removal of tl',e same), that they should on or before the day of 19 ,lodge in my ofilce a statement verified by oath or solemn affirmation of such right, interest, cl>arge or claim. Datedtbis p dayof 19 Commissioner.

No. 78 IN THE HIGH COUR1 OF JUDICAIURE

ORDI~ARY ORIGINAL

AT BOMBAY 19 .
PLAINTIFF;

CIVIL JURISDlCTlOt-T

Slieritrs prodamati.. of sale.

(Rule SaS).

SUITNo.
""""""""""""""""""""""""""" versus
"""""""""

OF

DEFENDANT.

Whereas by a decree made in the above suit it was ordered that. . . . . . . . . . . . . . . . .. .. .. .. .. .. .. And whereas by a warrant of sale dated the. .. .. .. .. . .. .. .. day of , .19 ,the SherifJ" of Bombay wasdirectedto selltherigbt,title anc interest oftre judgment-debtor in the following lands and premises, namely:(De~cription oftbe property) (Include the revenue assessment if the property to be sold is an interest in an estate or a part of an e"tate paying revenue tc Government). Now it is hereby proclaimed and notified that on the. . . . . . . . . . . . . . . . . . . . . .day of 19 ,at O'clockintl>e.................... noon, the Sheriff of Bombay will under and by virtue of the said warrant of sale put up fer sale, by public auction (on the premises or at. . . . . . . . . . . . . . . . . . . . . . . .) 0 tre bigbest bidder and witrout reserve the right, title and interest of the said .:.. .. .. .. .. . .in the said lands and premises or in so much thereof as may be necessary for tbe satisfaction oftbe said decree, costs of executi-on and the Sheriff's poundage,provided tbatit shall be in the discretion of the Shel iffto decline acCeptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to decline acceptance. The following is a list of the riglts, interests, charges and claims to which tbe said lands and premises are supposed to be liable. (List of claims) Intimation is given that the Court does not warrant the correctness of the above description of the premises nor the title of the said. . . . . . . . . . . . . . . " . . . . . . . . . to the same or any interest therein. Should the said bave no saleable interest wl-ateverin any lot to be sold in accordance with this rrcclamation, any sum paid by tre purchaser by way cffuH or part payment for the same "ill be repayable to the purchaser. The above-mentioned .execution creditor has (or has not

as the casemay be)permissionto bid at the sale.

The person declared to be the purchaser shaH pay immediately after such declaration a deposit of twenty five per cent on the amount of the purchase money to the Sheriff and in default of such deposit, the property shall forthwith be put up again for sale. The balance of tte purchase-money together wit!' tbe amount of stamp-duty payable on the sale certificate to be issued by the Court shaH be paid by the purchaser to tbe Sheriff on or before the thirtieth day after the sale. In default o~ p~yment of ~he balance o~ the p~chase-money ~nd the amount of stamp-duty wrthm such penod, the deposIt may, If the Court thmks fit, after defraying the expenses of the sale, be forfeited to Government and tbe property shalLbe resold and the defaulting purchaser shan forfeit an claim to the property or to any part cf the sum for which it may subsequently be sold. The sale will not become absolute until confirmed by the Gourt. . For further information and conditions of sale application should be made to the oftice cf the Sheriff. Datedtl:is da} of 19 Sheriff.

No. 79
Instructions to guardians (Rule 357).

INSTRUCTIONS FOR THE GUlDAN<JE OF GUARDIANS AND MAN.\.GERS OF MINORS AND PERSONS OF UNSOUND MIND

Your attention is particularly invited to the following :1. You are in a fiduciary relation to the minor/lunatic and s1:-all not make allY profit for yourself ouf of your office,except such remuneration, if any, as the Court award", or the will or other instrument appointing you allows. 2. You srall deal with the pro.eerty of the mioner/lunatic as careflllly as a man of ordinary prudence would deal with it if it were his own. If you fail to do so, you are liable to make good tre loss caused to the minol/ lunatic. / 3. Without the previous permission of tris Court, you shall not rnortgase, charge, sell, exchange, or give away any of the property of the minor/lunatic nor shall you lease any part ofit for a term exceedingfiveyears or for any term extendiR! more than one year beyond the date on which the minor will ccmplete the age of 21 years. 4. For the maintenance, education and advancement of the minor/lunatic, and of sucr persons as are dependent on him, and for the celebration of ceremonies to which the minorjlunatic or any of those persons,may be a party, you may apply such portion of the income of the property or the minor/lunatic as the Court frem time to time directs,and, if the Court so directs,the whole01anypart oftI-at property. 5. You shall submit an inventory of all the minor's/lunatic's property and debts \\'it1:>in six months from the date cf the order of appointment. 6. You shall file accounts in the office ofthe Commissioner of this Honourable Gourt for Taking Accounts within three months from the expiry of a year from the date of your appointment and thereafter within three mon~hsfrom the expiry of each subsequent year. 7. You shall get your accounts passed by the Gommissionerof this Honourable 00urt for Taking Accounts. 8. Your powers as a guardian or manager cease when the minor completes his 21st yeal cr when the lunatic is declared by the Court to be sane, 9. If you desire to resign your.officebefore the minor attains majority or before the lunatic is declared by the Court to be sane, you must apply to the Court to be discharged. 10. Until you are discharged by the Gourt your responsibilities continue. 11. you are bound by the provisions oftbe Guardians and Wards Act (VIII of 1890) or of the Indian LunaC}Act (IV of 1912),and by the rules made thereuJider, as th: case may be. and by such orders as the Court may make from time to time 12. You may at any time apply to the Gourt for directions. 13. If you ale a guardian of the person, (a) you shall not remove the minor/ lunatic from the Gourt's jurisdiction without its permission; (b) you are charged with the custody of the minor/lunatic and must look to his maintenance, health and education. 14. You shall not make any arrange~ent for the betrothal or marriage. of the minor/lunatic without the express sanctIOn of the Court. 15 You shall not incur any expenditure for the betrothal or marriage of the min~r/lunatic without the express sanction of the Court.

16. You should note thatthe Gourt can by order restrict your powers of manage-

ment regarding the m~nor's/lunatic's property.

17. In the absence of any special direction ofthe Conrt, it is incumbent on you(1) To invest the .funds of the minor/lunatic in promissory notes, debentures stock or other securities of the Union of India or of the State of Maharashtra; (2) Not to borrow without the sanction of the (;ourt ; (3) Not to sell the ornaments and other valuables of the minor/1unatic without the Gourt's permission; (4) To obtain the Court's permission fm improvements and fOl repails, other than ordinary, to any property of the minor/lunatic in your charge;

18. You sbaHin tbe event of the dean- of any cfyour suretiesimmediatelyinform the Court ofthe fact and shall furnish another surety within one month of the death or such further time as the Court may grant.

A.J498-32

No. 80
Bond by Guardian. (Rule 363).

IN THE mGH

COURT 01' JUDICATURE AT BOMBAY

ORmNARY ORIGINAL CIVIL JURISDICTION

PEnnoN No.

OF

19

In the matter of

..a minor/lnnatic.
P8rmO!il!lR.

Know

all men by these presents

that

we,

. . . . . .'.. . . . . . . . .and.. . . . . . . . . . .

are held and firmly bound jointly and severalty to. . . . . . . . . . . . . . . .,. . . . . . . . . . . . , Prothonotary and Senior Master of the High (;ourt of Judicature at Bomba), and his successor or successors in Office and his ot their assigns in the sum of Rs .to be paid to the said.. ...,. .. .Prothonotary and Senior Master, and his successor or successcrs in offie<> and his or their assigns, as the case may be, for which payment to be well and truly made we bind ourselves and each and everyone orus jointly and serverally our respective heirs, executors and administrators firmly by these presents, which are sealed hereunder with our seals.

Dated tbis

day of

19 .

Wl-ereas by an order, dated the .day of .. .1' anti made in tl'e matter of the Guardian and Wards Act, 1890, the Indian Lunacy Act, 1912, and in the matter of , it was ordered among other

tNngs.. . . . . . . . . . . . . . . . . . . . . . . . . . .(here

set out so much of the order as relates

to th~ appointment cfthe guardian and the giving oftbe bond), anC'whereas tbe said -If without,ProH On?tal y and Senior Master bas app~oved.(of the above bounden.......... suretiesthe as suretIes for tbe saId" ) and has also portion approved of the above written bond ~ith the under-written condition as a proper
.

withinsecurity to be entered into by the said

.pursuant to the said

braCkC?: to order: NOW THB (,ONDITION ofthe above bond is such that if the said. . . . ... be om. cd. as such guardian as aforesaid shalt duly account for what he may receive in respect of the property of the said minor/lunatic and shall well and truly leave and pass his accounts before the Commissioner for Taking Accounts of this Hon'ble (;QUIt in accordance with the rules and regulations of this Hon'ble (;ourt and shall discharse bis duty as such guardian as aforesaid in all things according to the terms and CODtions, true intent and meaning of the said Order, then the above written bond shall be yoid and of nc effect, but otherwise the same shall rea.min in fuU foree and elkd.

No..81
Receiver's Account. (Rule 595).

m THE mGH OOVRT OF JUDIOATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTI.ON

aul!' No.

OF

19
M""" PLAINTIFF;

.'VtrtJus

.. .............. ...... .... ........ ........... .............

DEFENDANT

Theaccountof ,the Receiver appointed in the abovesuit or matter pursuant to order; dated the .ds" of .19

forthe periodfrom the..." ef .19

ate
Particulars of receipts and Payments

dayof.. .. . .. . . .Is. to the.. . . . . . . .. .. day

Receipts Rs.
I

Payments Rs.
I

p.

p.

Cr. or Dr.

Balance
I

j Rs.

p.

rI

Datccl tJUI

day fJC

19

Receiv-er

No. 8Z IN THE HIGH OOURT6F JUDlaATURE A'EBOMBAY

ORDINARY ORIGINAL (;IVIL JURISDICTION

Land Acquisition Reference No""""""""" Case No...................

,

of 19 .
~

In the matter of the Land Acquisition Act, 1894. Gause in the matter of':"""
(a) Insert here tho name of the Collector as defined in section 3(c) of the Land Acquisition Act, 1894

(a)

.'............
and
.. .... .. ..... ....... .... ........ ...... ........ ........... .... .... ..
OLAIMANTS.

To
(b) Insert (b) here the nameof the Collector, but in a reference reJatingto apportionment on1J the'notice shall not be directedto .................................................................... and

...,

'...........
OLAIMANTS.

Collect~~~ Whereas by notification published in the Maharashtra Government GQ/etteof the ~ day of 19 , Part I, at pages.............. it was declared that certain land was required to be taken by Government at the
expense of., ""'" """

the said land being described as follows

.......................................................................

:-

. .
0

And whereason the.. .. .. . .. . .. . .day of.. . . . .. . ..19 the (a)... ... .. .. made his award under section 11 of the Land AcquisitionAct, 1894,in respectof the said land and whereasthe abovenamed...... 00. . . . . . . . . . . . . . . . . . . . . .has not accepted the said award and has requested by the letter of his AdvocateMr , dated the dayof 19 that the matter be referred under section 18 ot the said Act for the decision of this Gourt on the grounds set forth in the said letter of his Advocate Mr .and the matter has accordingly been so referred;
\

Now take Notice that this Court will on the .day of............ 0000.. . 0. .19 ,at II O'clock inthe forenoonproceed to determine the objections

of the said .(c). (and you, the claimants, are hereby; (c) In . fefedirected to furnish to the 00Ilector above named all your instances, rent, statements, ~encere1~lna
valuations, plan s or any otherfacts on which you relywithin 14 days from the service

~e:f~~y on-

of this notice on you and you, the Gollector, are hereby directed within fourteen this para~ days after the claimants have complied with the above requisition to furnish to the graph will be claimants above named all your instances, rent, statements, valuations, plans or any deleted. <ttlter facts on which you rely); ADd you are hereby directed to appear on the said date and at the said time either ill.person or by any person entitled to practise in any Civil Court in the State and to prodace such e"idence a~ you intend to rely upon in tl'e matter. Dated this day of 19

Prothonotary

and Senior Master.

Sealer

TheM

dayof.

19 .

Adyocate for............................

...

No. &1
Notice under section 30 of the Land Acquisition Act, 1894 (Rule 652).

IN TH HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORlGI~AL CIVIL JURISDICTION

Land Acquisition Reference .No.. . . . . . .. .. . . . . . . .. . . . . . . . . . . . . .. . ..r Case No............................... In the matter of the Land Acquisition Act, 1894. Cause in the matter of

l'

(4) Insert here the (a) .ame of the Collector as defined in section 3(c) (b) of the Land Acquisition Act, 1894. To (b) Insert the namea ef the partiea int.rested. (b)

""""""""';""""""~~d"""""""""'"..............

""~~~~~'a~t'i'.

. ......... ....,.. .... ..... ........ ...... .. .... ......... ....... ....

OIaima.iI.

Whereas by notification published in the Maharashtra Government G(D/ette tJf the dayof 19 ,PartI,atpages itwaii declared tbat certain land was required to be taken by Government at tbe expenscof

.
.

ih~~~idi~~~ib~i~g'd~~~ib~ci'~s'i~Ii~~s' ;~

"""""""""""

.
. ......... ........ .......... ........ .. ......... ..... .. ...... .. .. .. .. ....

Andwhereasonthe
(e)lnsort (c)

dayof

19

here the has made a reference under section 30 of the Land Acquisition Act, IP94, relatins to name of the the apportionment ofthe amount of compensation settled by him and/or as to the Coll~t r ~s defIned In persons to whom the same or any part thereof is payable; ofthe land
scctlon3(c)
11 on t he Now 1 ake NotIce that t h IS,-,ourt WI
.

,.................................

Acquisition 19

day 0f ".... at 11O'clock in the forenoon proceed to determinethe said referenceand you

'r.

Act, 1894. are hereby directed to appear on the said date and at the said time either in person or by any person entitled to practise in any Givil Court in the State and to produce such evidence as you intend to rely upon in tJ:oe matter.

Datedthis

...OOyof

0..

19

ProthoDOtary and Senior Master. Sealer TJie

"

day of~.u

o..~

19

Advocate for ." ...- ......- - - -

No. 84 IN THE HIGH COURT OP JdDICA TURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

Special Case;

SeCtion13'
(b) of the Arbitratio1\ Act, 1940 (Rule 780).

SUITNo.

\ OF

19

Special Gase In ,the matter of the Arbitration Act, 1940 And In the matter of an arbitration dated the day of Between agreem~nt 19

A. B. (name, description and place of residence).

And C. D. (name, description and place of resi-

dence)./

or

In the matter of Suit No.. . . . . . . . . .of 19 (TITLE OF THE SUIT) The following special case is stated for the opinion of the Gourt ;(State Utefacts conciselyin numbered paragraphs) The questions of law for the opinion of the Court are:(1) Whether
(2) Wbetl-er
'

,..........
19

,...................................................
day of

Dated this

'-,- -~--.
Umpire.,

Arbitrator.

No. 85
Notice une1e1'

the Indian Divorce Act to appear and answer (Rule 809)

IN THE HIGH GOURT OF JUDICATURE

MATRIMONIAL J l1RISDICTION

AT BOMBAY

SUIT No.

OF 19

In tre matter of the Indian Divorce Act, 1869

.PETITIONER;

::::.:
To

versus

. REsPONDENT.

Whereas the petitioner abovenamed has instituted a suit against you, as set out in the petition herein, whereof the following is a concise statement, viz :Take notice that you are hereby required to file in this Gourt an appearance in person or a vakalatnama within fourteen days from the service of this notice upon you and to file your answer to the charges in the petition within fourteen da}s after filing yopr appearance in person cr a vakalatnama ; A nd whereas this su~t will be placed on board for hearing the final disposal on the dayof 19 ; You are hereb) required to appear in this Court on the. ... . . . . . . ..,. ... .day of . . . . . . . . . . . . . . . . . . . .19 at 11 O'clock in the forenoon either in person or by an Advocate entitled to practise in this Gourt and able to answer all ma-terial questions relating to the suit or who shall be accompanied by some other person able to answer all such questions; . And take notice that in default of your appearance either in person or by an Advocate on the day before mentioned, tre suit will be heard and determined in your absence. Witness aforesaid,this dayof Chief Justice at Bombay 19 4i!

Prothonotary and Senior Master. Sealer

The Advocate for....................

dayof.:

19

Note.- A copy of the petition will be furnished to the Respondent Co-respondent by the petitioner or his Advocate on demand.

or tl-e

No. 86 IN TH HIGH COURT OF JUDIGATU~B AT BOMBAY

MATRIMONIAL JURISDICTION

Notice te apply fef leave to iRtervene (Rule 808).

SUIT No.

OF 19

In the matter cfthe Indian Divorce Act, 1869

. . . . . .. .. . . . . . . . . . . PETlTIO:!'oiEIt.
;

~ : : : : : ~

.. """"""""""""~ersus . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~PONDENT.

To
. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . Take notice that you are entitled within 14 days from the service of this ftOtice upon you to apply by Ghambir Summons for leave to i .tervene iIt this cause sll~ul. yeu think fit so to do and tJ:ereafter to make answer to the charges ia t1\e petiti<Jn herein and that ift default c.f your'so dcing, the Court will proceed to kear tile said charges proved and tc pronounce judgment, your abseace ItotwitlistaItdiRg. The petition is filed and this notice is issuec by.............................. Adv@cate for ... .., whose address for service is...... Bombay., Datedthis day of 19

ProthQQotary and Senior Master. SeaI.el The dayof I9

Advocatefor............................

A-1498-33

No. 87
Notice under section 21 of the Chartered Accounttants Act,
1949

IN TIlE KlOO COURT OF JUDICATURE AT BOMB4.Y

REFERENCENo.
OF

19

,.

(Rule 866)

(Under the Chartl!red Accountants

Act, 1949)

In the matter of the Chartei'ed Accountants Act, 1949 (Act No. XXXVIII. of 1949) and Inthematterof :.................... a Member of the Institute of Chartered Accountants of India. To
-

(1) .., ,.",...,.,., Member of the Imtitute of Chartered Accovntlints of India. (2) Secretary of the Council of the Institute of Cbartered Accountants of India (3) S:;c;'ctary to the Ministry of Finance, Union Government, New Delhi. Whereas the Council of the Imtitute of Chartered Accountants of India, has filed intbisCourtits finding dated the.., , dayof 19 . in the above reference; Now take notice that t1:>c reference will be placed for hearing before a fiivisiolJ Bench of this Court onthe,., ,...day of..., 19 at 11 O'clock in tbe fai'cnaon, when you are required to appear either in person or by an Advocate entitled to practise in tbis Court; . And take further notice that in default of.your appearance either in person er by an Advocate the reference will be heard and determined in your absence.
Datedtbis.., , dayof 19

J;>rotbonotary and Senior Master. Se.aler The day day of 19

Advocate for..................................

No. 88 IN THE HIGH COURT OF JUDICATURE AT BOMB4.V

ApPEAL No.
OF

19
Note under ~ctj0n 22 A(J) of the Chartered Accountants Act, 1949. (Rule 866).

(Under the Chartered Accountants Act, 1949) In the matter cf the Cbartered Accountants Act, 1949 (Act No. XXXVIII of 1949) and

Intbematterof..............................
a member of the Institute of Chartered Accountants of India.
"'m"o n """""""""'"""" ApPELLANT.

To Secretary of the Gouncil of the Institute of Ghartered Accountants of India. Whereas tbe appellant abovenamed has filed in tbis Court an appeal against the orderdatedthe dayof 19 oftheC:ounci1of the Institute of Chartered Accountants of India; You are required forward to the Prothonotary and Senior Master, witbin two weeks from the date of service of this notice upon you, the finding of the Gounci! ard all the other documents mentioned in Rule 865(1) ofthe Rules of the High Court (Original Side) and the extra copies referred to in sub-Jule (3) oftbe said rule; and ,

of tbis Court on the.. .. .. . ; .. . .day of.. . . . .. . . . .. .. . . .. 19

Now take notice that tbe appeal will be placed for hearing before a Division Bench

at 11 0' clock

in the forenoon, when you are required to appear either in pel son or by an Advocate entitled to practise in tbis Court; 'And take farther notice that in default of your appearance either in person or by an Advocate the appeal will be heard and determined in your absence.

Dated this

day of

19 .

Prothonotary and Senior Master. Sealer The

Advocate for

day of~ n ... - ...

19

- -.- - ...'"-

No. 89
Notice ullder secrti8R22A, (2) ef the Chartered Aceountants Act, 1949 (Rule 8").

IN TIm HIGH e9URT

OF nJDICATUtlE OF

AT BOMBAY 19

REVJSION ApPLICATION No.

(Under the Chartered Accountants Aet, 1949) In the matter of the Chartered Accountants .Act, 1949 (Act NQ. XXXVIII of 1949) . and Intbematterof .'. .... a Member of the IAstitute of Chartered Accountants of India.
' ApPLICANT.

To (1) Chartered' Accountants cof India. Member of the Institute of

(2) Secretary of the {;ouncil of the Institute' of Ct artered Accountants cf India. Whereas, the applicant abovenarned has filed in this Court a revision application against the order dated the ; day of 19 of
the (,O1'UCi! of the Institute of Ghartered Accountants ofIndia ; (0) This para (0) to be inserted only in the You are required to forward to the Prothonotary and Senior Master, within two notice to be weeks from the date of service of tbis notice upon YOL,the finding of the Council Ss~~tt:::ythfand all the other documents mentioned in rule 865 (1) of the Rules oftJ:.e Higb Court t:e ~ouncil (Original ~ide) and the extra copies referred to in sub-rule (3) of the said 1ule ; and of the Institute of Chartered Accountants .of India.

Now take notice that the revision application will be placed for bearing before a Division Bench of this Court onthe .dayof .19 at 11 O'clock in the forenoon, when you are required to appear either in person or by an Advocate entitled to practise in this court; And take further notice that in default of your appearance either in person 01 by an Adv()cate, tl>e applicatiQD will be heard and determined in your absence. Dated this.. . . . .. . . . . ..day of . .. ... .19

Prothonotary and Senior Master.

\

Sealer

The
A.dVocllte for

"..day

of

,."...19

... .~ 0"0. ... . . 0.

No. 90 IN Tm HIGH COURTOF JUDICATUREAT BOMBAY

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTION. ApPEAL No. SUIT No. OF OF Memeral'ldum of Appeal under Order XLI. Rule 1 of the Code of Civil Procedure (Rule 877).

19 19
ApPELLANT;

(Original Plaintiff cr Defendant).' versus

RESPONDENT.

Insert name (Original Defendant or Plaintiff). Theappel1ant abovenamed appeals ag~inst the (decree or order) of the Honourable Mr. Justice.................................................. in the abovesuitpassedontbe dayof 19,onthe fc1lowing amongst other grounds:First- That (here state grounds of appeal).

No. 91

.
CIVIL JURISDICTION

IN THE IDGH COURT OF JUDICATUREAT BOMBAY

IN ApPEAL FROM ITS ORIGINAL OF OF

ApPEAL SUIT No.

No.

J9 . 19 .
ApPELLANT;

Notice under Order XLI, Rule 14 of the Code of Civil Procedure.

...........
"""""""""}:e'r~~;""""""""""""

RESPONDENT.

To The abovenamed respondent. Take notice that a Memorandum of Appeal has been filed on the. . . . . . . . . . . . . . day of :.19 by the abovenamed.............................. against the decree of the Honourable Mr. Justice .passed in the above suit on the. . . . . . . . . . . .day of. . . . . . . .19 and that this Court bas fixed t)1e. . .. . . . . . . . .. .day of. . . . . . .. .. .. .. ..19 for the hearing of tlJe said appeal. If you have any objection to take to the said decree which you could have taken thereto by way of appeal, you must me the same in this omce within OI/.e month from the service upon you of this notice, and if you do not appear in the. Appellate Court on the day so fixed for the hearing of the said appeal, the appeal will be heard and {'Iecided ex-parte in your absence. iDated this day of 19

Sealer
I

Prothonotary and Senior Master. day of 19 .

The

Advocat~f(),.~.,

,...~...,

No. 92

security bond under order XLI. Rule S of the Code of . Civil Procedure.

IN THE mGH <JOURT OF JUDIOATURE AT BOMB4.Y

IN ApPEAl: FROM ITS ORIGINAl. (,IVIL JURISDICTION ApPEAL SUIT

No.

OF OF

19

No.

19

.
ApPELLANT;

. . . . . . . . . . . . . . . . . . . . . . . . . . . ~;;;~s.., . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . RESPONDENT.

and. . . . . . . . . . . . . . . . . . . . . . . . are held and firmly bound jointly and severally to ....

Knowallmenbjtbesepresentsthatwe,

....................................

. . . . . . . . . . . . . . .. . . ; . ...... Prothonotary and Senior Master oftbe High(,ourf of

Judicature at Bombay, and his successor or successors in office and his or their assigns inthesumofRupees: tobepaidtothesaid...................... Prothonotar) and Senicr Master and his succe~sor or successcrs in office and his oJ'their assins as tbe case may be, for which payment to be wcll and truly made we do bind ourselves and each and everyone of us jointly and severally and our respective heirs, executors, administrators firmly by these presents, which are sealed hereunder with our ~eals. Datedthis da)of I9. Whereas, the abovenamed has appealed against the .decree/order passed in the abovementioned suit Now the condition of tllis obligation is such that if the above bounded do and shall d~IYperform and obey the decree or order wlJich shall be passed by this Gourt upen the said appeal t}1enthis obligation shall be void and of no effect, but otherwise the same shall remain in full force and eff,oct. Signed, sealed and delivered by the abovenamed. In the presence of

No. 93 IN THE HIGH OOURT OF JUDICATURE.<\T BOMBAY

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTON

ApPEAL Nc
SUIT No.

OF
OF

19 19

. .
ApPBLLANI'.

Petition for grant (tf a certificate for appeal to the Supreme Court (Rule 910).

(Original

Plaintiff/DefendaIlt) RESPONDENT.

versus (Original Defendant/Plaintiff) TH PETITION OF (here insert name of Petitioner) .Petitioner. To

The Honem-able the Chief Justice and Judges of the High Court: Shewell: 1. Ihat this suit was filed by tre plaintiff in the High Court at BO1:nbaywho prayed (here set Ollt concise statement and give amount or value of subject-mattel). 2. Tbat d,e said suit came on for hea:'ing bef0re the Honourable l\Jr. Justice ... on the day or...... ~'~d'hisI~rdsbippasscdadeclee(ororder)on day cf l~ . 3. That the above-named appellant (here insert name cf appelIa.nt) feeling ilirnself aggrieved ty the said decleeJor Order) filed a Memcrandum of Appeal against the

same on tbe

day of

19

4. That the said appeal came on fOI hearing en the. . . . . . . . . .day of. . . . . . . . . . 19 ,befole the Honourable Nlr. Justice ,... .and the B'onourable Mr. Jtlstice apc' their Lordships passed a decree'(cr Older) on the cia) of ..19

5. That your p~titioner feeling himself aggrieve? by the said decree (or order) is desirous of appealIng to the Supreme Court of India from the same on the grounds following (here state the grounds and number them consecutively). 6. 1 bat the case involves a substaittial question of law as to the interpretation of the Constitution of India (or that the case involves a substantial question of law of general importance and that the said question needs to be decided b~ the Supreme Court). 7. That your petitioner is ready and ~iIIing to ~omply with the rules and orders as to giving security for costs and otherWIse regulatmg appeals tc the Supreme Court. Your petitioner therefore prays that Your Lordships will be pleased, , (a) to grant him a certificate that (here state nature of certificate required as set out in paragraph (6); and -/ (b) to transmit. to the ~upreme Court of ~ndia th~ original recor~ of the suit and of appeal the appeal IDthe High GOUTt, in the to the Supreme Court. so far as ISmaterIal to the question in dispute

No. 94
Notice of application for certificate for an: appeal to the Supreme Court
\

IN THE HIGH OOURT OF JUDIOATURE AT BOMB",Y

IN ApPEAL FROM ITS ORIGINAL (;IVIL JURISDICTION

ApPEAL No. SUIT No.

OB 19 OF 19
ApPELLANT; (Original Plaintiff/Defendant)

(Rule 913).

versus
"""""""",""""""""""""~"""""" RBsPONDBNT.

(Original

DefendairtjPlairtti1f).

To (Fill in Ilame of the opposite party) ,Take notice that onthe dayof l' the . . . . . . . . . . . . . . . . . . . . . . . . . . . .above named presented a petition to this (Jourt for the grant 01 certificate for the purpose of an appeal to the Supreme Court of IRdia from the decree(or order) ofthis Court dated the .day of .19 And that you are hereby r~uired to file an a:lidavit within eight days from the sel vice of this notice upon you showing cause, if any you have, why a certificate should not b~ granted to the following effect, viz : (Here insert tbe terms ofcertifi~ate prayed for in the petitioa)
/

'

And take further notice tbat tl'e petition will be placed for i'earing before tbe AppellateCourtonfhe day of 19 at lla.m in the forenoon, when you. are required to appear. Dated this

day

of

19

Prothonotar y and Senior Master

Sealer
The dayof

j
:

19

.
"

Advocate for..................

No.'9S;'" IN THE HIG,RCOURT OF JUDICATURE Af BOMB4.~

..

,Ordet
~

I
I

:~ CIIIJ'~ulC8te,
for Appeal
CMtrf.'

I~ ~PPBAL, FROM ITS ORIGINAL CIVIL JURISDICTION ApPEAL No. SUIT No. . 01' ]9 OF 19 GoRAM : DATED :
ApPBLLANT.

..

~q tIac" s.Prom,

l
I
I

..,..,...,

. versus

.
I
I
I

(Origi nal Plai nti1f/Deftfndant),

"""""""""""","':"""""""""""'"""""'~T.
,

I -'

(OIiginat Defendan~trlaintii).
,:,.",'. , :,.., ,. . ..day of

UpeR,R.eadingthe petition of, ,.,:.,..,.,,: tae appeUant/respondent abovename,d fikd on the,

I .,.,.,..,."...", , .19

.
I
,

Gf appealing t-o the Supreme (;oo.rt of IQdla agall1st the decn:e/ocder of this Gourt <iated the day of ;.. ..19 , aflj,ming/setting aside tkeorigil1.aIdecree/order date?the,."."., ".. .dayof..,., ,..., .19 , .r )the Honourable ~r. Jus!lce. . '.. .. . . . . . . . . '. . .. . . . . .And ~pon Reading the al1davits (if any) mentIOned In the Itst "A" hereto and upon hearn1g. , . . . . , . . , . . . . Advocate for the p:~tition.er(original plai~titr/d(fendani), and. . '.,. .............. Advoeate fur the R~spondeQt.(o~iginal defe!ldant/p]ai~tiff), this ~OUlt to ct'.ltify
(here state the nature

, praYll1gfo~.thew:ant ora c~rtlflcate(9C tbe purpqie

?~the

certIficate

t_at }Sgranted

oy the Court) and this Court

dotl1 order that the ongInal record of the suit/matter and of the appeal in the High c.ourt so far as is material to the question s and di~putes in the appeal to the Supreme c.ourt be transmitted by the Prothonotary and Senior Master to the Registrar of the Supreme c.ourt <;>fInd!a:And, This ~ourt doth furth:f order that the Costsof both the parties of the saId petItIon and of thIs order be costs 1D the appeal to the Supreme Court.

Witness
Bombay

"

,..,

Ghief Justice at
, I. ]9 .

aforesaid.

this

day of

Prothonotary

and Senior Master.

Sealer The dayof enter granting C.ertificatefor I, drawn on the applicationof Advoeate for
, ~

19.

appealto the Supreme Gourt

>:

:.............
LIST "A"

A.1498-34

No. 9ft
Norice of lodpeiltof

IN THE SUPREME COURT OF INDIA Arpl!.\L No. FRQM 1HE DCISIONOF

. OF 19

petitiOrl

i1f

appeal ilt the. lIl~mfY of the Supreftll:

,

Court

1HF.. HIGH COURT AT 1JOMBAY

OF 19
ApPELLANTI/Il:S.c.;

(Rule 915),

IN ApPEAL No,

.,...,
.,'."" To
,,' ,

"

'

. '., versus
,.,

. ',"""""

':

RESPONDENT IN S. C.

(Here inseit name of tl-e Respondent)

, .

Take notice Hat tpC' appellant abownameJ has loLgcd hIS petition of appeal in th.-,above case in the Registry of the Sapreme Court of India. A copy of the said
.

petition is forwarded herewith to you. Datedthis , dayof ,

, 19

Prothonotary and S;:nior Master.

S:--alcr

Th::

dayof.;.,

,.,

19

TESTAMENTARY AND INTESTATE JURISDICTION

NO.
IN THE HIGH (,OtJRT
TEsTAMENTARY

97
AT BOMBAY

OF JUDKA TO~
AND INTESTATE

JURISDICTION

Petition for pro~afe Qf a wIJt1 . (Rule 374).

PETITIONNo.

OF

19

.
.

(cr) lrisen Dame' hi full

Petition for probate of the will of(a}plaee of residellce """"""""""" D (',ccasc. d. and t .

..' .

""""

""""""",,"""""""""""..

Petitioner.

..

THE PETITION OF THE PETI1IONER

ABOVBNAMED

waf a bacheJor OJ' spinster tbat should be stated.

rt dee_"

oe<:upa lem.

TO THE HON'BLE TRG CHIEF JUSTICE AND JUDGS OP THE HI6H COURT

SHBWETH:-

(1) That the abovenamed on or about the..,','

day of

died at.................. 19

(2) That the said deceased at the time of his death had a fixed place of abode at .and/or left property within Greater Bombay and in the State of Maharashtra and elsewhere in India. (3) That tJ:oesaid dece~sed left a writing, which is his last will and testament. The said writing, hereinafter referred to as the wilJ, is marked ~xhibit UA" at'd is handr-d in <;eparatelyfor b~ingfikd and kept in a safe place in the office ofth Prothonotary and Senior Master. A copy of the said ",ill isheretoannexedandalsomarked Exhibit "A". (4) That the said will was duly executed at of. . . , . . . , , . . . , . . , , , . . 19 . , . .onthe ,... ...,day
'\

(5) That the petitioner is the executor or one of the executors named in 01e sOlid will 0:-t):leexecutor according to the tenor t1>ereof. (6) That the petitioner has truly set forth in schedule No.1, hereto annexed and marked Exhibit "B", all the property and credits ",hich the deceased died possessed of or entitledto at thetime of his death, which have or are li.kel) to come to his hand". (7) That the petitioner has truly set forth in schedule No. II,' heretd annexed and marked Exhibit u(,", all the items that by law he is allowed to deduct for the purpose of ascertaining the net estate cf t1-e deceased. (8) That the petitioner has truly set fortb in Schedule No. III, hereto annf'x('d and marked ExHbit "D", the property held by the deceased as trustee fqr another aqd not beneficially or with general power to confer a beneficia,Jinterest.
\ (9) That the assets of the deceased after deducting the items mentioned in Schedule No. II but including all rents, interest and dividends which have accrued since the date of the death ('ftbe deceased and increased value oftI:-e aS~f'tssince the said date are ofthe value of As.. .. . .. . . . . .. . . . ....

(b) State (10) That the said deceased lrfthim surviving a~ his only heirs and next-of-kin what law. according to (b) . " .Iawthe following persol'lS,who are residing at tbe addresses set out agaihst treir respective names :-', ' (e)fJ)tif. (11) That no application has been made to any District Court or DiFtrict .degate mat~,:~a~ or to any cth~r Higl1 Gourt for probate of any will oftbe saicl deceased or for letters Court. DY of administJ ati!l' with Or",ithout the ~iH annexed ~o his property and credits (C). what person aDdwhat procediass Ilavebeen
,

taken.

(4) or
, ,

The petitioner prays that probate may be granted to him having effect throughou t
the St~te 'of Maharashtra
I,

)it;~e~c~~
,

(D).

,
thepetitionerabovenamedd~

:\wear in the name of God' . . thatwhatlsstatedlnparagraphs soIemn]:ffi y a rm

, '

. lS

true to my ewn knowledge and that what is stated in the remaining paragraphs is stated on information and belief andlbelieve the same to be true. ~~n.

'Solemnlyafflrmed

at

1
19...1

this

dayof

Beforeme,
Assistant Master/Associate, High Court, Bombay.

Advocatefor

:...............

)'

No. 98 IN THE HIGH (,OURT OP JUDI(,ATURE AT BOMBAY

.. TESTAMENTARY AND INTEsTATE JURlsDlcnbN

ScbectuJe sf

~~~re

PEnnoNNo.
'

..

OF

19

Petition for (Title as in the PetitioJJ 375a..'3~. Deceased.

Petitioner.

t:::1i4)

ScBm>ULI! No. I Schedule of Property Valuation ofthe movable and immovable propert} of the deceased.

..

P.

(;asl1in the house aad at the banks, household goods, wearing apparel, books, plate, jewels, etc.(State estimatedJyalue according to tJ'le best of e~ecutor's or a<Uni~i. strator's belief).

Government Securities-

(State description and value at tbe time of making the application; also the interest separately, calculating it upto the time of making the application). Immovable property consisting of(State description giving, in tile case of houses, the assessed value, if any; and the ilumber of years' assessment the market value is estimated at, and, in case of land, the area, the market value and all ren~sthat have accrued). Leasehold property.: (If the deceased held any leases for years determinable, state the
number of years' purchase, the profit rents estimated to be worth and tbe value of such, imerting separately arrears due at the date of death and all rents received or due since that date up to tte time of making the appli<;.ati?n).. ,,hare of joint Stock eompanies< (State the part.iculars and the value at. the time of making the application; also.the dividend separatd) calculating it upto the time of . making tre application). PolicY'of Insurance upon life, moDtOY out on mortgage and other securities, .sucb as bonds, mortgages. bills, not s and other srcurities for money- (State the amount of the whole; also the interest separatel) calculating it up to tJ.-etime of making the application). Boot Debts. (other than bad). Stoct-in-trade(State t}1eestimated value, if any). Otl'er property not comprised under the foregoing heads(State the estimated value, if any). Total Deduct amount shown in Schedule No. II, not subject to duty Net Total Petitip11.er~ == "

-----------

------

No. 99
Schedule of debts of the deceased etc. (Rules 374, ,37S'and376).

IN THE HIGH COURT OF JUDICATURE

TFSTAMENTARY AND INTESTATE

AT FOMBA Y

JURISDICTION

PETITION No.

OF 19

(petitionfor Title as in tl-e Petition) Deccased.

' '

Petitioner.

ScHEDULE No. ~I

Schedule of Debts, etc.

Rs.
Amount of debts due and owing from the deceased, payable by law O\1toftl1e. estate (a) Amount of Funeral expenses. Amount of mortgage incumbrances. Other property not subject to duty.

P.

Total. . Petitioner. (a) Full particulars of debts with names of creditors and dates of debts must be given.

-----

~-----

No. 100
Seneeute of trust property held by tlle tleceased. (Rules 374, 37S and 376).

,IN THE HIGH COURT OF JUDIGA TURE AT BOMBAY "

TESTAMENTARY AND INTESTATE JURISDICTION

PETITION No.

OF 19

Petition for (Title as in the Petition) Deceased.

~ Petiiipner.

.ScHEDULENo. III

...

Schedule of Trust Property

Rs. P. Property held in trust for anofher and not beneficiallyor with general Power to confer a beneficial interest. Total. . Petitioner

NO .101 IN 1 ~

HIGH COURT O~ JUDIC,A TURE AT BOMBAY

TESTAMENTARY AND INTESTATE
~

JURISDICTION

E](ticuto'C'~i Oath. '" ", (RI1Ie> 374)

PETITION No.

..".."".".".""".""

"

game h~full, placo of rcsiPetition for probate of the will of (a) dence a~d occupatIon. If deceued Deceased. wasabachelor or spinster that "'..""'...'" Pe:titioner. should be statN.

OF

19

(.) Inscl't>

.:

'

do

-. swearin the nameof God

solemnly affirm

-that Ibeheve

that th~ will referred to in the petition herein and marked Exhibit "An is the last Will and testament of .deceased, and that I am the ~xecutor therein named (or appoin' ed according to the tenor thereof) and that I will faithfully administcr the p;'operty and credits of the said deceased and in any way conceraing his will by paying his debts and then the legacies the'ein bequeathed Sofar as the said ass~ts will l"xtend, and that I will make and exhibit a full and true inventory of the said property and creditsin this Hon'ble Court 'within six months from the date of the grant to be made to me or within such further time as tre said Gourt may from' time to time appoint and also render a true account of my a.dministration to this Hon'bIe GOllft within one year from the same date or within sech further time as the said Gourt may from timetc time appoint. .
s1\oorn solemnly affirmed

at..
,...r!ayof

.. ....
19

this

Before me;

Assistant Master/Associate, High Court, Bombay.

Advocatefor..........................

No. 102 Aftidavitof

the attesting witaess. <.ules374 aDd 375).
,

INTHEHIGH'COURT
'ThsTAMBNTARY

OF JUDICATURE AT BOMBA Y
MD
'

INTBsTATB

JURISDICI'ION

PETITIONNo.

OF

19

Petition for probate of the last Will and testament of Deceascd.

"""""""".",,'.' Petitior.er.

swear in the name of God I, follows: .do

---,
solemnly afiirm

and say as

abovenamed.

(1) That I knew and was well acqilainted with the deceased..................
.

with.. .. .. .. . . .. .. .. .. .. at

(2) That on the.. . ; . . . . .. . . .. . .da)' of. . . . . . . . . . . .19

the house of

I waspresent togetb.er
and we did

then and there see the said deceased set and subscribe his name at f00t of the testameatary paper in tae .langliage and character, whicH is referred to ill the petition herein and marked Exhibit .. A ", and declare and publish' the same

as his last Will and testament. I (3) That thereupon I, this depone.t nd th~ said. . . . . . . . . . . did at the reql1lcst

of the said deceased and in his preS6J1.ce and ia the presence of each other all being preseat at the same time set and subscribe our respective names and signatures at feet efthe said testamentary paper as witnesses thereto. 4) T.ltat the name aDd si:natare. . . . . . . . . . . . . . . . . . . .subscriBed at the foot oft.be testamentary paper as oftl'e party executing the same is in the proper handwritiug of the said deceased and the Dame, signature and additions". . . . . . . . . : . . . . . . . . . . . . . . . . . . . . "also sub':>cribedand written at foot of the said testamentary paper as of the parties attesting execution of the same are iu the proper respective haudwritiDgs of the said and of me this depollent. respectively. (5) Tkat at the tiJP,ethe said deceased so subscribed his Dame and siguature to tJae said will as aforesaid, .he was of sound and disposiag mind, memory and understanding and to the best of my beliefmade and published the name of his free wi.1land pleasure. Sworn

at
dayof

.
19
I

solemnlyaffirmed this
;

Before me,

Assistant Master IAssociate.

Advocate for
.
Note.-If the testator makes
..

:
...

,.......

writteBiB,the a1lidavitshould state wi en er the Will was read over and explaiaed to him, aBdifthere are any scoriags, alterations or insertions it shouldbe stated whetberthey existedat thetime oftile executionof the Will.

a mark or sips in a languageother than the Willis

No. 163 IN THB HIGH <-O~T.OF,JUDI('Ar1URE AT BOMBAY

'fEsTAMENTAllY AND INlESTA1EJURlSDIcnO~'
'PEtlTJON ]fo., ; OF 19'.
'
,

Petition for Letters of Administration ,(Rule 376).

Petition for Letters cf Administration the prooerty and credits' of (a} . '\ ",' Deeeased.

~... .Pctition~r. THe PETITION OF THE PETITIONER ABOVENAMED TO

1HE HONOURABL J'HE CHIEF roSTKE c.OUR1 SHEWETH

to' (0) Insert me in full, na l ,paceof . residenceand occupation. If the deceasedwas bachelor, or spinster that should
be stated.

AND JUDJES OF 1H HIGH

(1) Thattheabovenamed ~ diedat.................... onorabouttbe dayof 19. (2) That the said deceased at tbe time of his death bad a fixed place of abode State of Matarashtra-and elsewhere in India. (3) That the said d~ceased died intestate and that due and diligent search has been !pade for a Will but none had been found. (4) That the said deceased left him surviving as his only heirs and next-of-kin (b) Stfte accordingto(b)to .law the following persons, wl'oare residing what aw. at the addresses'set out agaiI'st their respective names :(5) That Ce petitioner as (c) ofthe deceased claims to be(c)S~ate,~o """" ""'" .entitled to a .Share of his estate. ~~I~:h~nshIP (6) Tb!' Petiticner has trul) set fort}! in Schedule No. I, hereto annexed and marked deceased. Exhibit" A ", all the property and credits which the deceased died possessed of or entitled tc at the time of his dean"~ ",bich have or are likely to come to the petitioner's hands. (7) TJ-at the petitioner has truly set forth in Schedule No. II, l>ereto annexed and marked Exhibit" B" aUthe items that by la", he is aUowed to d~duct fcrthe purpose of ascertaining the net estate oftbe deceased. (8) That, the petitioner has truly set forth in Scl'edule No. III, hereto annexed and marked Exhibit" C' the propert~ l'eld b) the deceased as a trustee for another and not beneficiaU} or ",ith general power to confer a beneficial interest. (9) That the assets of the deceasec after deducting tbe items mentioned in schedule' No. II but in<:luding all rents; interest and dividends which have accl'ued since tbe date of the death of the deceased and increased value ofthe assets since the said date are of the value of .Rs ~...............
,

at. . . . . . . . . . . . . .

... . . . . . . .and/or

left property

witbin Greater

Bomba~ and in the

(10) Ttat no application has been made to any District (,ourt or Di~trict Delegat e (d)dOr if or to al1YHigh (,ourt for Probate of any Will ofne said deceased or (or letters of :awi;aSttate ad~inistration ",itb or without the Will annexed to his property and credits (d.) Court, by what person and what proceedings haae been ~en. The petitioner therefore pra}s that letters of administration may be granted to him (e) or throu. hYing effect throughout He State of Maharashtra (e). shout India. A.1498 35.

I,

,.,

the petitioner abovenamed, do

swear in tre name of God. -~ n1 SOlem: y a ffi rm.that

.. .:., . what IS stated ml1aragraphs f

..

is true to my own knowledge and that what is stated in the remaining paragraphs is stated on informatiO'nand belief and I believethe same to be true. Sworn
Solemnlyaffirmed at

,.......
day of .19
'Before me,

This

Assistant Master/Associate, High (;ourt. Bombay.

Advocate for. . . . - - . . - -. ... . . . . . . . .

"

No. 104
IN THB HIGH GOURT, OF JUDICATURE AT BOMBAY
TEsTAMENTARY AND INTBSTATB JURISDICTION

Administrator'a Oath. (Rule 37').

PETITIONNo.

OP 19 .
Petition for letters of administration and ,credits of (a) (.) In~ert aame In full, Deceased. place of resideDCeaad occupation. If deceased Petitioner. was a bachelor or to the property

""""""""""""."""""""""""""'"
.

I,

'

;...........

that I believe that

swear in the name of God spiaster tkat sltould be solemnl y affirm stateci. deceased died

without leaving a Will and t}1atlam the (b). . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . of (j) state i.

the deceased, and that I will well and truly admi nister his property and credits aCCord-wJyt ri~~t ing to law and pay his debts so far as the said effects vviIIextent, and that I will make the IJ;?Chtloaor: and ex{:libita full and true inventory thereofin tI-is Hon'ble Court within sixmontbs app IOS. from the date <,>fthegrant to be made to me or within such further time as the said Gourt may from time to time appoint, arid also render a true account of my administration to this Hon'ble Court within one }'ear from the same date or within such furtber time as the said Court mayfrom time t6 time appoint. Sworn at Solemnly affirmed

Thi~. . . . .. .. .. . '.. .da}'of.. .. .. .. .. . "." .. .19

.
Before me,
Assistant Master/J.\.ssociate, High (ourt, Bombay.

Advocatefor........................

..,

NO. 105
" Petition-for
, Letter of Administration with will annexed (Rule 375).

~ THE HIGBeOtfRll'

OF JIIDICAmRE

A~ BOMBA Y IU&ISDICTION

TESTAMEN1A'RY ANiD' INTSTA:rE PETITION No. Petitioner

>OF-

19 .

for letters of Administration

(a) Insertthe name in full.

with the will annexed t? the property and credits 'of (a) Deceased.
;

reside1We and occupation. ,Ifdeceased was.a bachelor or

spinster. that TO

- ~e;-of

.
'

Petitioner.

THE PETITION OF THE PETITIONERABOVENAMBD

,

should~e THE HON'BL 1 HE CHIEF JUSTICE AND JUDGES OF THE HlGH state. COURT, SHEWBTH ;(1) That the abovenamed ~,;~ , dIM at onor,abo\!t th(i: ~ay of.-,........... 19 . .

..

(2) That tre said deceased at tbe time of 'Ris d~ath had' a fixed place of abode at. . . . . . . . . . . : . . . . . . . .and/or left property within Greater Bombay and in the state of Maharashtra and elsewhere in India. (3) Tbat tbe said decea:;;edleft a writing, which is bis last will and testament. The said writing, hereinafter referred to as "the Will", is mar ked Exhibit "A" and is

handed in separ~telyfor being filed and kept in a safe place in the office of the
-

Prothonotary and Senior Master. Acopyoftbe marked Exhibit "A". ~. (4) ThaUhesaidWilI the was duly executedat dayof

said will is here to annexed and also

19

on

(5) That by the said 'Yilltpe deceas~d ap~inted.:. . :... "'" "'" "" " ...... (b) Or on soleexecuto~.t]1ereof(b);but he bas .sInce died! tOWlt on the...:...: .day executor,as of. . . . . . . .'.. . . . . . . . . . . . .19 without havIng proved tb~ said wIll, and that the the case abovenamed petitioner is tbe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of the deceased. may be. . (6) That ti'e petiticnerhas truly set forth in Schedule No. I, hereto annexed and marked Exhibit "B", all the property and credits which the deceased died prossessed of 01" entitled to at the time of his death, which have or are Iikely.to Cometo his hands. (7) That the petitioner bas.truly set forth in ~hedule No. II, _hereto annexed and marked Exhibit "C", all the hems that by law he ISallowed to deduct for the purpose of ascertaining the net estate of the deceased.. (8) That the petitioner has truly set forth in .schedule No. III, hereto annexed and marked Exhibit "D", the property held by the deceased as trustee for another and not beneficially or with general power to confer a ~eneficial interest. (9) That the ass~ts of the dece~sed after dedl!c~ingth,eit~ms mentioned in Scbedule No. II, but includIng all rents, Intere.st and divIdends wblch have accrued since the date ofthe death ofthe deceased and Increased value oftbe assets since the said date

are of the value of Rs

\....

(10) 'that the said deceased left him surviving as his only heirs and next-of-kin ( ) State according to (c) .law the following persons, :bat Law. who are residing atlthe~addres~esset out1againsttheir'r.espective,names :(11) Ihat no application has..beenmade.4:o.any,District,Court or:District Delegate or tc any other High Court for probate of any will of the said deceased or for letters of administration with or without the will annexed to his property and,credits (d) (d) Or if' made, state to what court-,by what person and what proceedings . have been . taken. Thc.petitioncr prays that letters of administration with the said will annexed may be granted to him as the .of the said deceased having e1fect throughout the State of Maharashtra (e). (e) OF throughout
-

I, swear-inthe name of God

the petitioner abovenamed, do

India.

soIem nIyamrm . that whatISstated'Inparagaraphs"""" . . . . . . . . . . .. is true to my own.knowledge, and that what is stated in tre remaining paragraphs is, stated on information and b~lief and I believe the same to be true. Salernnl} affirmed This

Sworn

at
da)i of
,

19 Before me;

Assistant Master/Associate, High Court, Bombay.

Advocate for .........................

No.
Administea. tor's Oath in the case of Letters of Administration with the
\

106

IN rItE HIGH COURT OF JUDICATURE Ar BOMBAY TESTAMENTARY AND INTESTATE JU~ISDIClION

will ann~ed

PETITION

No.

OF

19

(Rule 375).

(a) Insert the name in full, place.of residence and occupation. If deceased ~ache1~:So: spInster, that I,

Petition for Letters of Administration with the will annexed to the property and credits of (0) """"" Deceased.
PETITIONER.

swear in the name of God

do to in the petition Solemnly affirm rerein and marked Exhibit

sho~~~e~~that I beIic\'e that the will referred

"A" is the last will and testament of.. .. . . . . .. . . .. . . .. . . .. .. . .deceased

and

(b) State intbat I am the (b)

'

oftl'e deceased and that

what right I will faithfully admini:,t('[ the property and credits of the said deceased and in any , the petitio~er way concerning his will by paying first his debts and then the legacies therein beapplies. queathed so far as the said assets will extend and that I will make and exhibit afull and true inventory of the said property and credits in this Hon'ble Gourt within six months from tbe date of the grant to be made to me or within such further time as the said Gourt may from time to time, appoint, and also render a.ture account of my administration to this Hon'ble Gourt within one year from the same date or withiIl; su,ch f~lfther time as the said Cour~ may from time to time appoint. Sworn at Solemnly affirmed This
,

day~0f

19

.
Before me,

Assistant Master/Associate. High Court. Bombay.

Advocatefor

u......

No.

107
Petition by constituted attorney for Letters of Administration with COpy

IN THE mGH OOURT OF JUDIOATURE AT BOMBAY TESTAMNTARY AND INTESTATE

<

JURISDICTIOl'l

PETITION

No.

. . f namein fuU. : 1 constItuted attorney 0 placeof .. .. . . . . . . . . . . .. . . . . . . . . . .executor or executors named in the will of the above &00 residence. , d named decease. occupation.
..".",..,.,..., """"""""""

of authentiPetition for letters of Administration cated ~opyof the wIll (with a COIl)" of'an authenticated copy annexed. of the will annexed) to the pro. perty and credits of (a). . . . . . . . . . . . Deceased.w)Insert
<

OF 19

THE PETITION OF THE PETITIONER

If the deceased was PETITIONER. a bachelor or spinster. that ABOVENAMED should be stated.

TO THE HON'BLE THE GRIEF JU~TICE AND JUDGES OF THIS HIGH (OURT.
SHEWETH

:-

(1) That the abovenamed ..diedat ..on -the day of 19 . (2) That the said deceasedat the time of death left property within Greater Bombay
and in the State of Maharashtra and elsewhere in Inqia. . (3) That hereto annexed and marked Exhibit "A", is the properly authenticated copy ofthe probate ofthe will ofthe said deceased which probate was granted on the day of 19 'under the seal of the ,...to the said.......................

;x;~~tor named in the said will. . .

.-

. ,

...

(4) That the sai~ is to the b~st of the petitioner's belief at present resIdIng at ,.. , ..In ,....... (5) That the petitioner has truly set f<;>rth in ~hedu~e No. I, hereto annexed and marked Exhibit "B" , all the property and credIts whIch the deceaseddied,prossessed of or entitJcd to at the time of his death, which have or are likely to come to his hands, (6) That the petitioner has truly set forth in Sc~edule No: II, hereto annexed and marked Exhibit "c' all the items that by law he IS allowed to deduct for the purpose of ascertaining the net est~te of the, ~e~ase<;l. '., .. (7) That the petitioner has truly set forth in Schedule No. III, hereto annexed and marked Exhibit "D", the property held by the deceased as trustee for a'nother and not beneficially or with general power to confer a beneficial interest.

'

(8) That No. II but date of the are of the

the' ass~ts of the deee.ased after ded!lc.ting the it~ms mentioned in Schedule includmg all rents, Interest and dIVIdends whIch have accrued since the death of the deceased and increased value of the assets since the said date value of 1\s............................

by tl'e power of attorne), hereunto annexed and marked ExhIbIt "E", bearing , date

(9)Thatthe said

:. . . . . . . . . . . .as suchexe~t~ras aforesaid has

the

dayof j19 appointed................ ..., to be his attorney for him and in tis name and on his bebalftO'apply for arttJrtbtain'agtlant:6fIttters dfa:dministratiortto the estate of tbe said deceased, with a copy of the said probate of the said Will ann"xed, from the Rig!' Court ,at Bombaycr,aDY other competent (;oulftinIndia limited to tbe propeny whicbthesaid, died possessed of or entitled to in India. (to) 1 hat no.application has been'made to any Court, other than the C:.ourt , referred to inp~ragrap!> 3 above, for probate of any Will oftJ:>esaid deceased nor to any Court for letters of administration to bis property and credits (\\-it,bor without (b) or if a copy of an autbenticated!copy oftl-e Will annexed) (b).
'

made.state
to what Court,by
:what 'Person

and-what proceedings havebeen it4ken. The,Petitioner prays that letters of administration (\\-itb a copy ofthe authenticated copy of the Will annexed) to the property aDd credits ofthe said. . . . . . . . . . . . . . . . . . deceased maybe grantedoto'him,'having effect tl'rougbouttbe State of Mabaras!>ba/lndia for tlaeuse and benefit oftl'e said. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .as suc!>executor as aforesaid and limited until 'he

shall obtain probate of tIre aidWillfrom.ttis;'Hon'~urt. 0 ,, I, , the petitioner aboveDamed. do

s\\-earin tbe name of God' .. \ S0Iemn Iy a fllrm that \\-J:>at IS stated 1D paragraphs '0""""'" ,"0"""""'" .is true to my o\\-n~nowledge and itat what is s-tated in the lemaining paragraphs is stated on information and belief aDOI believe tbe same to be true. Sworn at solemnly affirmed
I

this

~_day

of

i9 Before me,

i\. ssistaDt Master fA ssociate High (;oW1, Bombay:

Advocatefer

'

.......~.'....- - - ....

No.

108
Administra.tor's oath iB Cases where letters of administration with copy of authenti-

IN THE illGH COURT OF .JUDICATURE 4.f BOMBAY

TEsTAMENTARY AND INTESTATE JURISDICTION

PETITION No.

OF

19

Petition for Letters of Administration ~~e~~8~~f (with a copy of an authenticated copy granted to of the Will annexed) to the property and Coastituted credits of (0) Deceased. Attorney. (0) Insert name in full, . place of ,(onstJtuted attorney of residence, executor named in the Will of tl'e abovenamed deceased. aad occupation.
..

a bachelor or attorney spinster, that ho UJd be of .the executor named in the Will of the above S t t ed . sa .. swear In the name of God b named deceased, tl"e petItIoner a ovenamed do so Iem nly affirm that I believe that tile writing referred to in the petition herein and marked. Exhibit "A" is the authenticated copy ofthe probate and ofU'e last Will of the abovenamed.. . . . . . . . . . . . . . . . . . . . . . .deceased and that the original probate has been grantedonthe day?f 19 under the seal I,
~

.t ' If the . PetJ loner. deceasedwas

, the (;onstituted

of the. .. .. .. .. .. .. .. .. .. .to the saId

and that the writing

referred to in the petition herein and marked Exhibit "E" is the power of attorney executed by the said. . . . . . . . . . . . . . .. the executor named in the said Will, and that I am the attorney therein named and that I \\-illfaithfully administer the property and credits ofthe said deceased and in any way concerning tis Will for the use and benefit of him the said executor named in the said Will and limited until be shall obtain probate of tJ"e said Will from this Hon'ble (;ou't by paying such lawful claims as I know of so far as tte said assets \\-ill extend and that I \\-ill exhibit a full and true inventory of the said propert) and credits in this Hon'ble Court wbithin sixmontbs from the date ofU'e grant to be made to me or withiv such further time as tbe said (;ourt may from time to time appoint and also render a true account of my administration to this Hon'ble (;ourt \\-itN~ one year from tl:e same date or \\-itl-in such further time as the said Court may from time to time appoint.

Solemnly affirmed

Sworn

at
dayof 19
'Before me,

this

Assistant Master/Associate, High (;ourt, Bombay~

Advocate for.................... .\-1498-36.

No. 109
Petition for Judge's order to apply for letters of tion for the use and benefit of a. minor.

IN THE HIGH COURT OF JUDJC,ATURE AT BOMBAY

TEsTAMENTARY AND INTESTATE JURISDICTION

.administra-

MISCELLANEOUS PETITIONNo.

OF 19

' 10

Petition for letters of administration to the pr9pertyandcreditsof.................. Deceased. Petitioner. THE PETITION OF THE PETITIONER ABOVENAMED

THE HON'BLE THE CHIEF JUSTICE AND JUDGES OF THIS HIGF COURT SHEWE1 H :-, (1) That thedeceased above named died at .............. onoraboutthe dayof 19 . (2) That the said deceased left property within Greater Bomba} and in tbe State of Maharasrtra and elsewhere in India. (3) That the petitioner believes that the said deceased died intestate and that although due and diligent search has been made tor a Will of the deceased, none has been found. (4) That the said deceased left him surviving as his only heir and next-of-kin accor(a) State Iaw . .whoisaminor. '. what law. dingto(a) . . . (5) That the petItIOner ISt }Ie. . . . . . . . . . . . ; . . .0 ftl Ie Sa!ctmInor who IIves wIth and under the care and protection of your petitioner. (6) That in. order to pro~e~t the.prop~rty kft by t11: dcce.asc.dand in tbe interest of the said mlllor your petItIoner IS desIrous of applYIng to thIs Hon'ble Court for lettrs of administration and with that view to make a proper petition to this Hon'ble Court. (7) That your petitioner bas no ~nter~st in tbe estate of tbe deceased directl} or indirectly adverse to that of the saId millOI'. . . . . . . . . . . . . . . . . .except. . . . . . . . . . . .

,........

(8) Your petitioner prays that he as the.. . . .. .. . . . ... . . .. . . .. . . . .of the said dc;;cased.. .., .., ..an~the.. oftbesaidminormay be appoi!lted for the. purpose of applYIng for letters of adl1linis!rati~JIJ to t he property arodcredIts of the saId deceased for tbe use and benefit ofthe saId mInor. . . . . . . . . . . . and limited to the period of his minority. swear i n the name of God I,. . . . . . . . . . . . . . . . . . . . . .the petitioner abovenamed, do - - --solemnly affirm that what is stated in paragraphs. . . . . . . . . . . .of this petition is true to my own knowledge and that what is stated in the remaining paragraphs. . . . . . . . . . . . . . . . . . is stated on information . and belief and I b~lieve the same to be true.
'

at Solemnly affirmed this dayof

Sworn

19.

Before me, Assistant Master fAssociate. High Comt, Bombay.

Advocatefor..............................

No. 110 IN THE HIGH COURT OF JUDICATOREAT

TESTAMENTARY PETITION AND INTESTATE }\j0. JURI~DICTION

BOMBAY

Petition for succession certificate. (Rule 377)

OF 19

.
eceaSe. name in full place of .

Petition for succession certificate in respect of

certain debts and securities belonging to (,0) I nsert D d ( )

a
.

Pe!itioner.

THE PETITION TO

OF THE PETITIONER ABOVENAMED

THE HON'BLE THE CHIEF JUSTKE AND JUDGES OF THIS HIGH COURT SHEWETH:(1) lbattheabovenamed. inoraboutthe .. dayof diedat.................... 19.

residence and occupation. If deceased was a bachelor or spinster, that should be stated.

(2) That the said deceased ordinarily resided at. . . .. . . . . . . . . . . . . . . . . . . . and/or left property withi n GreaterBombay and in the State of Maharasbtra and elsewhere in India. (3) lhat the said deceased died intestate and that due and dilig&nt searcl>has been made for a Will but none has been found. OR The said deceased died leaving a Will dated and executed at a copy of wl'ict: is l>.~reto annexed and marked Ex. ' A '. (4) That the said deceased ]eft him surviving as his only heirs and next-of-kin (b according to (b) : .,. . . .law t.he following persons, who are residing at the wl?atSlt:~~ addresses set out against theIr respective names :(?) That the petitioner as (c) .. .. . .. .of the deceased claims to be (c) state entItled to a. . . . . . . . . . . . . . . . . . . . . . . . share of the estate. rela.ionship . . . . . to the dece. d d 370 l h I d S (6) Tl-at there IS no Impe Iment un er seCtion 0 te n Ian VC(;:'.sslon Act. ased. 1925, or under any other provision of this Act or any other en,actment to the grant of the celiificate or the validity thereof ifit were granted.
' ' '

(7) That the petitioner has truly set forth in the Schedule, rereto annexed and mar ked Ex. " B ", the debts and securities in respect of which tre ccrti'ficate is applied for. The succession certificate is required for the purpose of (d).. . . .. '... . . . .. . . .. The said assets in respect of which the succession certificate is required are of the value of Rs (8) That no application has been made to any District Court or District D~legate 01 to any Higl> Court for probate of any Will of the said deceased or for letters of administration with or without the Will annexed to his property and credits.

td) Men. tion the purP?~~r'~, ~~Itificat':is required.

(9) That no application has been made to any District Court or District :Delegate or to any High Court for succession certificate in respect of any debt or security ~:~e o,rs~~te belonging to the estate of the deseased (e). to what Court. by The petitioner therefore prays that a succession certificate may b2 granted to the wh-atperson petitioner in respect of the debts and securities set forth in Schedule I hereto, with and ~hat power to cbllect the said debts and tc receive interest er dividends on and to ' . . proceed mgs. havebeen negotIate or trans fi er t h e sal d securities. taken.

.'.'. .. , ... .. ..'.. .. .. . . .. . . .. ... .. ..the petitioner abovenamed, do

swear in the name of GCid

--

solemnly affirm of this petition is true to my own knowledge and that what is stated in the remaining paragraphs. . . . . . . . . . . . . . .. is stated on information and belief and I believe the same to be true. Sworn at Solemnly affirmed this
,

--

that whatis statedin paragraphs. . . . . . . . . . . . . . . . . . . .

dayof

19

.
Before me, Assistant Master/Associate; High Gourt. Bombay.

Advocatefor

,............

No.

111
Scheduie of debts and securities of the deceased. (Rule 377)

IN THE mGH OOURTOF JUDIOATURE AT BOMBAY

TEsTAMENTARY AND INTESTATE JURISDICTION

PETITION No,

OF

19 (Title

Petition for Succession Certificate as in the petition)

, , ScHEDULE DECEASED. PETITIONER

Debts

Serial Nu.

Name of the debtor

Amount of debt including interest on the date (f applicaticn for certificate

Description and date of instrumer.t. if any. by which the debt is Secure d

Total Rs.

-Description

--I

Securities

'serial N:).

Distinguishing Number or Idter of security

Na me, title or class cf security

Amount or par value of security

Market value of security on rlate of application for certificate

PETITIONER.

- Total: Rs.

a.s.

No. 112
Petitioner's oath in the Case of succession certificate. SRule 377)

IN THE illGH COURT OF JUDICATURE

TESTAMENTARY AND INTESTATE

AT BOMBAY

JURISDICTION

PETITION No.

OF 19

(a) Insert
nameinfuIl, pl~ res!dceof ence :' '

Petition for succession certificate in respect of certain debts and securities belonging to (a) Deceased.
PETITIONER.

J,.. .. .. .. .. ..

.. .. . .. .. .. .. .. . .. . .. .. . .., Swear ---in the name of God

and Solemnly affirm occupation.that J, will well and truly administer the debts aRd securities comprised in the If deceasedsuccession certificate to be granted to me and that J will render a true account thereof b h r~s ~to this Honourable Court within one year from the date of the grant to be made to spi:~te~,Oth~t me or within such.further time as the said Court may from time to time appoint. should be S stated. -worn ~-at Solemnly affirmed this u.ayof..., 19 Before me, Assist~nt Master/Associate. High Court, Bombay.
Advocate for....................

No. 113 IN THE HIGH COURT OF JUDICATURE

Subpoena to bring in will. etc.
TESTAMENTARY AND INTESTATE

AT BOMBAY
19.

JURISDICTION

PETITION No.

OF

To Whereas it appears by the affidavit of. . . . . . . . . . . . . . . . . . dated the. . . . . . . . . . . . dayof 19 andfiJeonthe dayof............ 19 on the testamentary and intestate side of this High Court that a certain original paper or script dated the day of 19 being or purporting to be testamentary, to wit, the last will and testament of deceased, is now in your possession, power or control. Now this is to command you that within 8 days after service hereof on you inclusive of the day of such service, you do bring into and leave in the registry at the testamentary and intestate side oftbe said Court the said original paper or seript now in your possession, power or control and this you shaH in no wise omit under . pain of the Jaw and contempt thereof. Witness aforesaid this c..hief Justice at Bombay day of.. .. .. .. .. .. ..19 .

Sealer
The dayof 19

Prothonotary and Senior Master.

.

Advocatefor................

No. 114 IN THE HIGH COURT OF JUDICJ\.TUREAT BOMBt\y

TESTAMENTARY AND INTESTATE JURISDICTION

Citation to accept or refuse executor

ship.

MISC. PETITION No.

OF 19 . In the matter of tbe will of. . . . . . . . . . . . Deceased.

PETITIONER.

To . . . . . . . . . . . . . . . . . . . . . . .. Executor of the will of the deceased abovenamed. Whereas

""""""""

you executor;

19havingmadehis last will and testament of whichbe appointed

died on the

day of

Take notice that you are hereby required to appear before the Judge hearing testamentary matters in Chambers on the. . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . 19 , at 1] O'clock in the forenoon and state whether you accept or refuse the executorship of the said will, and Take further 110ticethat in default of appearance you will be debarred from ever thereafter applying for probate of the said will and this Court may proceed to grant letters of administration to the property and credits of the said deceased to the petitioner ab.wenamed.
aforesaid,

Witness

this

day of

Chief Justice at Bombay

19

Sealer The Advocate

Prothonotary

and Senior Master.

,
for the petitioner.

day of

19 .

No.
Citation to see proceedings.

115.
\

IN THE HIGH COURT OF JUDIOATURE

TFsTAMENIARY AND INTESTATE

AT BOMBAY

JURISDICTION

PETITIONNo.

OF 19 . Probate of the last will and testament of Petition forIetTersOfadministration to the property and credits of Deceased.
PErITIONER'

'

To

If you claim to have any interest in the estate of the above named deceased, you are hereby cited to come and see the proceedings before the grant of probate/letters of administration. In case you intend to oppose tbe grant of probate/letters of administration, you should file in the office of tbe Prothonotary and Senior Master a caveat within 14 days from the service oftbis citation upon you. .Witness , Chief Justice at Bombay aforesaid, this ..day of ..19 Sealer Prothonotary and Senior Master.

T.re dayof 19 . Advocate for petitioner: Note.(1) If the judge h'ls directed th~t~he caveat should be filed within a shorter period, the fact should be specIfIcally stated at the foot of the citation. (2) Ifthc citation is addressed to all persons generally and is published in newspapers, suitable changes should be made in the form.

No.
Caveat. (Rule 401)

116 .\T BOMBAY

JURISDICTION

IN THE fiGH

COURT OF JUDICATURE
AND INTESTATE

TESTAMENTARY

PETITIONNo. (litle

OF 19 .
CAVEATOR.

as in the petition)

To The Prothonotary and Senior Master. Sir, Let nothing be done in the matter of tl~eest~Je the abovenarned. ..... ...... .. deceased, whoofdied at...................... ~~'~;'aboutthe dayof notice to the above named caveator. Dated this
,

19

,without

due

day of

19 Yours faithfully, Advocate for the caveator.

No. 111

At BOMBAy IN THEItIGH,OOURT 0' JUDJc.ATVR

TESTAMENTARY AND INTESTATE JURISDICTION

PEtiTION No. SUIT No.

OF

OF

19

Notice of the filing of affidavit in support of caveat. (Rule 403)

19

.
Deceased. ... .PLAINTIFF,

Re

""""""""""~~;;~s""""""""""'" ',To (Advocate for the plaintiff.) Sir,

. D~FENDANT.

Take notice that on the .day of ..19 an affidavit in support of the caveat was filed in my office in the above petition by Advocate for the abovenamed defendant and that the petition became a suit on that date and bas been numbered as Suit No of 19

Dated tlis

day of

19 . Yours faithfully,

Prothonotary and Senior Master.

A-149S-37.

No.. 118 Administration Bond. (Rule 420) tNTIm'lttGIi:COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY :AND INTESTATE JURISDICTION

PlmTION (a) Insert name in full, place of residence and occupation. If the deceased was a bachelor or

No.

OF

19

Petition for Letters of Administration to the Property and credits of (a).............. Deceased.
.
; PBTITIONER.

spins~er'l~h~t Know all men by these presents that we, . . .. . ... . ... . . . .and... . .. .. . .... s ~~ated~ are held and firmly bo~nd, jointly and seve~ally, unto. . . . . ... . . . . . . . . . . . . . . . . . . ., Prothonotary and SenIOr Master of the High Court of Judicature at Bombay and his successor or successors in office and his or their assigns in the sum ofRs.. . . . . . . . to be paid to the said ,Prothonotary and Senior Master, and his successor or successors in office and his or thier assigns, as the case may be, for which payment to be well and truly made we do bind ourselves and each and everyone of us jointly and severally and our respective heirs, executors and administrators firmly by these presents, which are sealed hereunder with our seals. Dated tbis day of 19

Now the condition ofthis obligation is such that ifthe abovementioned. . . .. . . . . . , administrator of the property and credits of .'.... deceased, shall duly collect and get in the estate oftbe deceased. and shall, on or before the day of 19 or within such further time as this Hon'ble Court may appoint, exhibit in this Hon'ble Court an inventory containing a full and true estimate of all the property and credits of the said deceased which have or shall come in the possession of the said administrator or w.bich have or shall come to his knowledge or which ha v'e or shall come in the possession of any other person or persons on his behalf and shall well and truly administer according to law the said property and credits of the said deceased and shaH, on or before the. . . . . . . . day of . . . . . . . . . . . .19 or within such further time as this Hon'ble Court may appoint, exhibit in this Hon'ble Court a true account of the estate, showing the assets which have come to his hands and the manner in which they have been applied or disposed of and iftbe said accounts is examined and certified by this Hon'ble Court as representing a true, complete and just account of the administration or' the estate of said deceased, then this obligation shall be void and of no effect, but otherwise the same shall remain in full force and effect. SignEd, sealed and delivered at Bombay, by in the presenee of:

No. 119
IN THE IDGHQJOUR1i0F .JUDICATURE AT ~MBAY
TESTAM1!NTARY AND INTESTATIi JURISDICTION
.

Administration bond of a consituted attorney.

PETITION No.

OF

19

P~tition for Letters of administration (with (0) Insert a copy of an authenticated copy of tl-.enamein full, Will annexed) to the property and credits pla~eof of (a) ~ddence
Deceased,JCthe deceased was PETITlONER.al?acheloror
occupation.

. spinster, that should be h h d Knowa men yt esepresentst atwe, an """"""""stated. . . . . . . . . . . . . . ., are l'eld and firmly bound, jointly and severally, unto. . . . . . . . . . . . Prothonotary and Senior Master ofthe High Gourt of Judicature at Bombay, and his successor or successors in officeilndhis or their assigns in the sum of As. . . . . . . . . . . . , to be paid to the said . . . . . . . . . . . . . . . Prothonotary and Senior Master and his S1],ccessor or successors in office and his or their assigns, as the case may b~ for which payment to be well and truly made we do bind ourselves and each and e":eryone of us jointly and severally and our respective beirs, executors and administ!ators firmly by these presents, which are sealed hereundervvith our seals.

II

Datedthis

day of

19

Now the condition ofthis obligatiop is such that ifthe abovementioned. . . . . . . . . . consitituted attorney of and adm,inistrator of the property and credits of. . . . . . . . . . . . . . . . . . . . . . . . deceased, shall duly collect and get in the estate of .the deceased, and shall, on or before the .. .. '" .day of . . . . . . . . . . . . . . . .19 or within such further time as this Hon'ble Gourt may . appoint, exhibit in this Hon'ble Gourt an inventory containing a full and true estimate of all the property and credits of the said deceased which have or shaH Come in the possession of the said,administrator or whicll have or shallcol11e to his knovv1edge or which have or shall come in the possession of any other person or persons or' his behalf and shall well and truly administer according to law the said property and credits of the said deceased for the use and benefit of him the said. . . . . . . ~. . . . . . . . (name of the principal) and limited until he the said.. """ .. . . . ......... (name of tbe principal) shall' obtain probate of the Will of the said, deceased from this Hon'ble Court and shall, on or before the. . . . . . . . . . . . . .day of. . . . . . . . . .. . . .. . . . . . . .19 or within such fmiher time, as this Hon'ble ~ourt may appoint, exhibit in this Hon'ble Court a true account of the estate, showmg the assets which have come to his hands and the manner in which they have been app%d or disposed of and ifthe said account is examined and certified by iI-is Hon'b!eCourt asrcpresenting a true, complete and just account of the administration of the estate of tbe said 'deceased as granted to the said administrator then this obligation shall be void and of no effect but otherwise the same shall r~main in full force and effect.
,

Signed, sealed and delivered at Bombay, by in the presenee of:

No. 110'
Bond in the case of Succession Certificate. (Rule 421)

IN ThE IttGH COURT OF JUDIOA1'UU

TESTAMENTARY AND INTESTATE

AT BOMBAY

JURISDICTION

PETITION No.

OF

19

(0) Insert name in full, place of residence and occupation. If the deceased

Petition for succession certificate in respect . . debts bel onglllgto (a) ..... 0 f certalll--;--' secun t les. '
Deceased;

'
Knowallmenbytbesepresentsthatwe, and
"""""""""

PETITIONER.

was a
~acheloiho~

sPtn:~~~dbe Prothonotary and Senior Master of the High Lourt of Judicature at Bombay, and stated. his successor or successors in office and bis or their assigns in the sum of R~.. . . . . . . . tobepaidtothesaid........................ . . . . .. . . . . . . .. . ... .. Prothonotary and Senior Master, and his successor or successors in office and his or their assigns, as the case may be, for which payment to be well and truly. made we do bind ourselves and each and everyone of us jointly and severally and our respective heirs, executors' and administrators firmly by these presents, which are sealed hereunder with our seals. Datedthis dayof 19

.,.. . . . . . . . . ,are held and firmly bound, jointly and severally, unto. . . . . . . . . . . . . .,

Now the condition cfthis obligation is such that ifthe abovementioned. . . . . . . . . . . . .., holder of the succession certificate in respect of the debts and securities mentioned in the petition herein dated the. . . . . . . .day of. . . . . . . . . . . . . . . . . . . . . . . . . . 19 , and belonging to the estate of. . . . . . . . . . . . . .deceased, shaH well and truly recover the debts and securities and the interest or dividend thereon or negotiate or transfer the said securities and shaH, within one year from the date offhis grant or within such further time as this Honourable Lourt may appoint, exhibit in this Honourable Lourt a true account of his said dealings, showing the assets which have come to his hands and the manner in which they have been applied or disposed of and if the said account is examined and ce:rtified by this Honourable Lourt as representing a true, complete and just account of the administration of the estate of the said deceased as granted to the said. . . . . . . . . . .. . . . . . . . . . . . . . . . . . ., then this obligation shan be void and of no effect, but otherwise it shaH remain in fuH force and effect. Signed, sealed and delivered at Bombay by
,

in the presence of:

No. 121 IN THE mGH COURT OF JUDICATURE 4T BOMBAY

, TPsTAMENTARY' AND IN'IESTA'IE JURISD1CTtON

Probate. (ActXXXIX of 1925,

Sectioit 307)

PETITIONNo.

OF

19 .

(Tide as in the petition) (1) Subject to the provisions of sub-Be it known that this day being the. . . . section (2), an executor or adminisday of. . . . . . . . . . .. 19 the last Will and trator has power to dispose of the testament (a copy whereof is hereunto property of the deceased, vested in annexed) of .deceased, him under section 21I, either wholly is proved and registered before this Court, or in part, in SUCll manner as he may and that the administration of the properthink fit. ty and credits of the said deceased and in (2) If the deceased was a Hindu, any way concerning his WiIl is granted to theexccutMuhammadan, Buddhist, S:kh or tor in the said Will named to have effect Jain or an exempted person, the the State of Maharashtra general power conferred by subsection (1) shall be subject to the throughout , India following restrictions and conditions, namely :he having undertaken to administer the same and to make a full and true inven(i) The power of an executor to dispose of immovable property tory of the said property and credits and exhibit the same in this (,ourt within six so vested in him is subject to any restriction which may be imposed months from the date of this grant or in this behalf by the WiH appoinwithin such further time as the Court may from time to time appoint, and also to ting him, unless probate has been render to this Court a true account of the granted to him and the (,ourt which granted the probate permits said property and credits within one him by an o~'der in writing, notyear from the same date, or within such withstanding the restriction, to disfurther time as tbe (;ourt may from time to time appoint. pose of any immovable property specified in the ordf.r in a manner permitted by the order. Witness , (ii) An administrator may not, Chief Justice at Bombay aforesaid,this. . without th~ previous permission of dayof 19 . the (,ourt by which the letters of administration were granted,-By the Court, (0) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property Prothonotary and Senior 'Master. for the time being vested in him under section 211, or Sealer (b) lease any such property for a term exceeding five years. dayof 19 (iii) A disposal of property by an The executor or administrator in contravention of clause (i) or clause Advocate for the Petitioner. . (ii), as the case may be, is voidable at the instance of any other person interested in tbe property. N. B.-Annexed to the grant is a copy of the schedule of assets of the deceased as disclosed by the Petitioner in his petition.
,

No."t22
. , L-eiters. Administra.,
,

of

. "

IN 'nm'mGH'

COURT OF JUDICATUREAT BOMBAY

TEsTAMENTARY AND INTFSTATE JURISDICTION

ti 0 11; (Act " XXXIX of 1925,section 307)

PEnnoN No.

OF 19 .

(Title as in the petition)

(1) Subject to the provisions of sub section (2); an executor or administrator has power tQ dispose of the .property of the deceased, vested in him un4er section 211, either wholly or in part, in such manner as he may think fit. (2) If the deceased was a Hindu, . Muhammadan, Buddhist, Sikh or Jain or an exempted person, the general power conferred by sub,

Be it known that this day being the. .. . day of ' 19 , Letters of Administration to the property andcreditsof.......................... to

. . . . . . . . . . . . deceased,

section (1) shall be subjfct to the

following restrictions and conditions, namely :(i) 1he power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the Will appointing him, unless probate has been granted to him and the, (,ourt Witness ,'................... which granted the probate permits him by an order in writing, not. . . . . . . . . .. .. . . .. . .. . .. .. Chief Justice withstanding the restriction, at Bombay aforesaid, this.............. 19. to dispose of any iinmovable. day of property specified inthe order in a manner petmitted by the order. By the Gourt, (ii) An Administrator may not, withoutthe previous permission of tbe (,ourt by which the letters of administration were granted,Prothonotary and Senior Master. (a) mortgage, chargt;:or transfet by sale, gift, exchange or otherwiseany immovable property for the time being vested in him under section 211, or (b) lease an} such property for Seal~r a term exceeding five years. (iii) A disposal cf prcperty by an e~ecutcr or aclrnit'istrator in condayof 19 . traventior of clause(i) or clause(ii), The as the case may be, is voidable at Advocate for the petitioner. the instance of any other person interested in the property. copy N. B.- Annexed to the grant t ' a deceaof the schedule of assets Of

India having undertaken to administer the same and to make a full and true inventory of the said property and c;'t'dits and exhibit the same in this Court within six months fro~ the date of this grant or within such further time as the Gourt may from time to time appoint, and also to render to this Gourt a true account of the said property and credits within one year from the same date or within such further time as the (,ourt may from time to time appoint.

to have effect the State of Maharashtra , he throughout

are hereby granted

sed as disclosed by thepef. ,hispetition.

,

t
,

ner in

'

'No.H:S IN tHE IDGH COURTOF JUDICA1'UREA1HBOMBAY

, ,

TESTAMENTARY AND Il-4TESTATE JURlSDICnON

PETITION No.

OF 19 .

(Title as in the Petition)

(,ette:rs of Administration with the will annexw. (Act XXXIX of 1925, section 307).

Be it known that this day being the. . . . (1) Subject to the provisions of subday of 19 , the section (2), an executcr or administrator has power to dispose <,f the last will and testament (a cop)' wbereof is property of the deceased, v~st~d in hereunto annexep) of.'................. him under section 211, either wholly . . . . . . . .. . . .deceased, is proved and that or in part, in such manner as he may \ registered before ,this, Court and letters of administration with the said Will think fit. (2) If the deceased was a Hindu, annexed to the property and credits of the Muhammadan, Buddhist, Sikh or said deceased are hereby granted to ... . . . to have effect Jain or an exempted person,' the the State of Maharashtra general power conferred by sub, hehavsection (1) shall be subject to the throughout Jndia following restrictions and condition, ing undertaken to administer the sam~ and namely :(i) The power of an executor to to make a full and true inventory of the dispose of immovable property so said property and credits and exhibit the vested in him is subject to any same in this Court within six months from restriction which may be imposed tl:e date of this grant or within such further in this behalf by the Will appoint- time as the Gourt may from time to time ing him, unless probate has been appoint, and also tc render to this Court a and granted to him and Court wl>ich true account of the said property granted the probate permits him credits within one year from the same date by an order in writing, notwith- or within such further time as the Coutt standing the restriction, to dispose may from time to t,ime appoint. of any immovable property speciWitness Chief fied in the order it' a manner Justice at Bombay aforesaid, this I........ permitted by the order. 19 . (ii) An administrator may not, day of without the previous permission of the Court by wlich the letters of administtation were granted,By the Gourt, (a) mortgage, charge or transfer by sale, gift, exchange Cf otherwise any immovable property for Prothon0tary and Senior Master. the time being, vested in him under section 211, or (b) lease any such propert y for Sealer' a term exceeding five years. (iii) A disposal of property by an executor or administrator in con- Tbe dayof..., 19 travention of clause (i) or clause(ii), Advocate for the Petitioner. as the case maY,be, is voidable at the instance of any other person interested in the property. /ti.B.- Annexed to the grant is a copy of the schedu Ie of assets ofthe deceased as disclosed by the petitioner in bis petition.

No. 134
SUcCcs;~iQn

tN TIfE HIGH CQURT OF JUDICATURE

AT BOMBAY

Certificate.
TESTAMENTARY AND INTESTATE JURISDICTION

PETITION No.

OF

19

(Title as in the Petition)

To A.B. Wher,easyouappliedonthe dayof 19. for a certificate under Part X of the Indian SuccessionAct, 1925, in respect of the following debts and securities, namely :Debts
Serial Name of the debtor'
No.
[
I

Amount of deb~ including

interest on the date of

- -1

application for certificate

Description and date of instrument, if any, by which the debt is secured

1 '

I
I ,

I I

Securities
Des.,ription Distinsuishing j number or Ic:tterof security Name, title or class of security
I

Serial No.

Amount or par value of security

I

-- - 1-

'-- --- - -1--

Market value of securIty on date of appIi<;ationfor certificate

securities.

This certificate is accordingly granted to )'00 and empowers you to collect those debts and to receive interest and dividends on and to negotiate cr transfer tbose
.

Witness aforesaid, tbis

Chief day of

Justice at Bombay 19 .

By the <Jourt,

Sealer The dayof

Prothonotary and Senior Master. 19.

Advocate for........................

No~ 'US IN THE-HIGH OOURT OF JUDIaA1'1JItE"A T BOMBAY

lESTAMENTARY AND INmSTATE JURISDICftON

Extension Certific~te.

. PmTnON No.

OF

19

(Title as in the petition) On the application of A. B.

the

dayof

19
Debts

tC' the following det-ts and securities, namely :-

made to me on Iberebyextendthiscertificate

Selia! No.

Name, of debtor

Amount of debt including interest on date of appli. cation for ex.tension

--

Description and date oC" , . instrument, if any, by which the debts secured

Securities
Description

Seria1 No.

-,

numberor letter of security

1

Distinguishing

Name. title or class of securitv

~

Amount or par value of security

-I

Market value of security on date of application for extension

----

. This extension emp'YVers A. B. to collect those debts and tG receive interest dividends on and to negotiate or transfer those securities. .'

Witness.. .. . . .. .. . . .. . . .. .. . .. . . . .. .. .. .. . .. . ..Chief Justice at Bombay aforesaid,this dayof 19

By the Court,

Prothonotary and Senior Master. Sealer 1be ,

A-J49I-38.

dayof"""""o.#.~19.

. "

Ady()Gltte for

....... ........

No. 126
IiU"eSSWD tetti!cate to the guardian of a miDor

IN 'l'HEIDGH COUR.T OF JUDICATURE 4.T BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

PETITION No.

OF 19 .

To

(Title as in the petition)

A. B. C. ('ihe ~me, nationality, occupation and residence of the guardian) for the use and , benefit of (name etc., of the minor).
Whereas you applied en the .day of . . ... "" . .. .19 for a certificate under Part X of the Indian Succession Act, 1925, for the u~e and benefit of (name, etc., of the miner) in respect of the following debts namely:-. securities Debts Serial No. Name of the debtor
,
,

Amount of debt including interest on the date of

application for certificate

Description and da e of whichthe debt is secured

instrument, if any, 1'y

--

Securities
Description Serial No.

_-1-

Distinguishing number or Jetter of security

Name ,title or class of security

Amount or par value of security

Market value of

1-- --~--

security on date of application for certificate

This certificate is accordingly grante<! to you and empowers you to collect those debts and to receive inteIest and dividends on and to negotiate or transfer those securities. Witness"""""""""""""""""",.,...Chief aforesaid,tbis dayof Justice at Bombay 19.

By tte Cowt, Prothonotary and SeniOiMaster. Sealer The

Advocate for

,
dayof 19

... ,.. ,-, ,.. ,.. ,., .., .., ... ...

~.
IN THE IHGHCOVR
'TEsTAMiNTARY
/

1~
T BOMBAY -

T OF JUDICA TUe.:\
AND INTBSTATE

JURISDICTION

MISC.

PJlTITION No.

OF

.19

COllAM: Date: In the matter of tbe AdmiuistratorsGeneral Act, 1963, and III.tbe .matter of the ploperty and credit' of Deceased

..'
UPl,. reading the petition dated the

PlrrITION..

. . . . .day of. . . .

. . . . .19

d the petitioner abovenamed and upon hearing .Advocate for the petitioner and tbis Court being satisfied t~at thele is imminent danger of misappropliatioR, deterioration or waste of the property of the abovenamed deceased, dota under section ]6 of tbe J. dministrators-General Act, 1963, direct the P dmiaistrator General of Bombay to collect and take possession of the assets ofthe said deceased situate within the State of Mabarashtra and to hold, deposit, realise, sell or invest , tRe same according to the provisions of the said Act and this Court doth further order that the costs of the petitioner of and incidental to the petition and of this order be paid out of the estate of the said deceased,

Witness aforesaid, this

day of

, Chief Justice at Bombay 19

~

Bythe Gourt, Prothonotary and Senior Master. Sealer The dayof """"'H 19 .

Order drawn on the Application of Advocate fer. . . . . . . . . . . . . . . . . . ...............- -

No. 128.
Letters of Administration grantd to the Administrator-General

IN TO HIGH COURT OF JUDICATURE AT BOMBAY

'TIIsTAJdiNTMY AND ,INTI!STATE JURISDICTION

PBTITION No.

OF

19

(Title as i. the petition) Be it knowIl that this day being the. . . . . . . . . .. . .. .. .. day of. . . . . .. . . .. . . .19 letters of admiaistration. to the property and credits of. . . . . . . . . . . . . . . . . . . . . ., deceased are hereby .grantedto............................................. Tbe Administrator General of Maliarashtra and his successors in office to have effect throughout the State of Mabarasbtra, behaving undertaken to administer t~ same 'and to make a full and true illventory of the said property and credits and exltibit the ,ame in t!tis Court within six months from the date of this grant or within such further time as the Gourt may from time to time appoint and also to render to this Court a true 'account ot the said property and credits within one year from tne same date or within such further time as tbe Gaurt may from time to time appoint Withiness """"":"""""""', .-.' ...,GhiefJusticeatBombay aforesaid, this day of 19 By the Court,

sealer The dayof Administrator General in person.

ProthonQtary and Senior

'

Master

'.".19.

~n

No. 129 IN THE IDGH COURT OF JUDICATURE AT BOMBAY

Letters of AdmInistration with tt e will annexed granted to the Administrator-Gene. 'TEsTAMBNTARY AND
\

INTESTATE JURISDICTION

PETITION No
.

OF 19

.
-

(Title as in the petition)

d b f ral Beitknownthatt hISday emgt h e".." ayo 19 . the last will and testament (a copy whereof is hereunto annexed) of. . . . . . . . " . . . . deceaSed, is proved and registered before this Gourt and that letters of administration" with the said will annexed to the property. a~d credits of the said deceased are hereby granted to,'.,." , ,.. .AdmlUlstrator General of Maharashtra and his successors in office to have effect throughout the State of Maharashtra, he having undertaken to administer the same and to make a full and true inventory of the said property and credits 3:nd,exhibit the same ~n this Court within six months from t!:-edate ofthis grant or wlthm such ,further tIme as the Court may from time to time appoint ~n? also to render to thIS Court a tru~ ~ccount of the ~aid property and credits wIthIn one year from the same date or wIthin such further tIme as the Court may from time to time appoint. ,', ' Witness , """"'" Ghlef JustIce at ~ombay

'

aforesaid,this

dayof

19 .

By the Court.
S~aler The Administrator. ,...dayof General in person.

Prothonotary and Senior. Master

O-":..19

'

NO. 130
Certificate that no appTESTAMENTARY AND. INTESTATE JURISDICTION licadan. t ~s been made for probate Re: , DECEASI:D.orlettersof Adniinistrat, ,Prothonotary and Senior Master ion High Gourt of Judicature at Bombay, do thereby certify that I have caused IN THE HIGH (JOURT OF JUDIOATURE AT BOMBAY

I, ,ftae
,

search to be made amongst the records of my office from the. . . . . . . . , . , . , , . . . . . . day of. . . . . . . . . , .'.. . . . . . . , , . . .19 up to this day, and I find that no one has

. ,.lppliedforor obtained probate ofthewillof Dated this day of

"

",.

........

deceased or lettels of administration to his property and credits.

19

Protkonotary and senior Master.

NO. 131 IN THE HIGH OOURT OF JUDICATUREAT BOMBAY

TSSTAMI!NTARY AAD INTESTATE JURISDICTION

Citation to file inyentG IY and acco unt

PETITION No.

OF

19

(Title as in the petition)

- -.- ...- -. . . . . . . . . . . . . . . . . u . . . . . . . . ..

Executor/Adxninistrator/

Succession Certificate Holder(owy in the case cf failure to file accounts). 1 ake notice that you are hereby required to appear before the Judge hearing testamentary matters in Chambers on the~.. . . . . . . . . . .day of.. . . . . . . . . . . . . . .19 at 11 o'clock in the forenoon to show cause why you have not exhibited in this .Court an inventory containing a full and true estimate of all tbe property and credits ofthe above named deceased and whYyou have not exhibited in this Court an accounts of the estate of the said deceased, showing-the' assets which have come to your hands and the manner in which they have been applied or disposed of and, Take further notice that in default of appearance, the Gourt may pass such

order against you as it may deem fit ;

Witness aforesaid, this, Chief Justice day of
~

19

at

Bombay

Prothonotary and Senior MaSter.

Sealer The
Advocate for

day of...u
~.

-- ..: - -.-

19 .

No. 132
Certificate offiling inventDry and account

IN .THE IDGHCOURT

OF JUDICATURE AT BOMBAY
.

TESTAMENTARY AND INTESTATB JURISDICTION

PETrrION No.

OF 19

(Title as in the petition)

~..' , Prothonotary and Senior Master 'of the I, High Court of Judicature at Bombay,do herebycertifythat on the .. ........ day Qf. . . . . . . . . . . . . . . . 19' an inventory and account ofthe property and credits
of , decel\Sed, were filed in my office by ""."""""""".""""""""'" Advocate for """"""""""" administrator of the property and credits ofthe said deceased.

/......

Datedthis

dayof

19 .
Prothonotary and Senior Master.
(

Note :-It'is not to be understood by the above certificate that Jhe said acccunt has been passed. .", Prothonotar)' and Senior Master.

No. 133
Celtificate of amehded value of tbe estate to be forward"d to the Supeindent of stamps.

IN THE IDGH COURT OF JUDICATURE

AT BOMBAY

TEsTAMENTARY AND INTESTATE JURISDICTION

PEtITION No.

OF 19

.
and Senior Master
'

(Title as in the petition)

I,. . .. . . . . . . . . . . .. . . .. . . . .. . .. .. . . .;... .., Prothonotary

of the High Gourt of Judicature at Bombay, do hereby certify that the property

and credits of the abovena~ed deceasedoriginallyvalued at Rupees

by the executor/administra:tor of the said deceased have now been valued at Rupees

... . . . . . . . . . . .and that

full security has been given for the increased

amount.

'

Dated this. . . . .. .. .. . . . .. .4ay of. . . .. .. .. .. . .. ...19

Prothonotary and Senior Master.

No. 134 IN THE mGH COURT OF JUDICATURE AT BOMBAY

TBsTAMENTARY AND INTESTATE JURISDICTION

abovenamed

Indian successionAct Notice is hereb} given tl1at all persons having claims against the estate of the (Rule.433)
.

PEnnoN No. . OF 19 . (Title as in the petition)

Notice under seC360 anb 367 of the

"

'

d'Oceased,who died at....................

. India . haVIngeffectthroughout the State 0f Maharasht'ra was(or were)granted 01' tbe dayof 19 to , are hereby . . executor . d . . d I d h h ffi f h requIre to sen lQ t elf c alms to t e Sal d . . t t at t e 0 ce 0 ........
a mlllISra or ,

onoraboutthe dayof 19 and probate of whose. Will or letters of administration (with copy of tl e Will annexed) of whose e:tate]

his Advocate, within one calendar month from the date of hereof, on tre expiry of '

.d executor . .. h h W lch t1me t e sal a dm" InIS t ra t or

Datedthis

. 1.. . 11h d h WI an over t e assets to tLe persons enbt Ied

hereto having regard on~y tc tm claims ofwbich he shall then have notice. dayof 19. Advocate for .Executor/Administrator. Address

No. 135 FORMS OF OATRS OR AFFIRMATIONS

PRESCRIBED BY THE OATHS ACT 1969, ARE REPRODUCED REREU~DER

Witnesses :-swear in tbe name of God

Oatils or affirmations

- - - - - - - - - tbat wbat I scalI state shall be truth, the whole solemnly affirm truth and nothing but the truth. Jurors :. swear in the name of God I do - that I will ""ell and truly try and true deliverance solemnly affirm make between the State and the prisoner(s) at the bar, ""horn I shall have in charge and a true verdict give according t0. the evidence. \. '.
~

I do - -

Interpreters:I do

swear in the name of God

- that I will well and truly interpret and explain solemnly affirm all questions put to and evidence given by ""itnesses and translate correctly and accurately all documents given to me f01 translation. Affidavits :swear in the name cf God
~ that tbis m)' name and signature (or malk) solemnly affirm and t~~! the t::ontents of this my affidavit are trpe,

Ido

INo.136 Notice under section 21 of the Company Secretaries Act, 1980 (Rule 1058)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY REFERENCE NO. OF 19 (Under the Company Secretaries Act, 1980)

In the matter of Company Secretaries Act, 1980 (Act 56 of 1980); And In the matter of .......................... a Member of the Institute of Company Secretaries of India To, (1) ................. .Member of the Institute of Company Secretaries of India; . (2) The Secretary of the Council of the Institute of Company Secretaries of India; (3) The Secretary to the Ministry of Finance, Union Government, New Delhi. WHEREAS the Council of the Institute of Company Secretaries of India has filed in this Court its findings dated theday of .......19.. in the above Reference; NOW TAKE NOTICE that the Reference will be placed for hearing before a Division Bench of this Court on the . day of .. 19. at 11 O Clock in the forenoon, when you are required to appear either in person or by an Advocate entitled to practice in this Court; AND TAKE FURTIIER NOTICE that in default of your appearance either in person or by an Advocate, the Reference will be heard and determined in your absence. Dated this................ day of , ...... 19 . Prothonotary and Senior Master SEALER The ...................... day of ....... ,.19 . Advocate for ......................... 1. Form 136 to 138 inserter by G,N, ofG/Amend/7984, pub. in M,G,G. Pt. IV-Ka,..,

---: -'-'-'~

~~
. " , .

"
.

N~-~3~;'
.'

'-'

,.,,---

-..,..- ..

;."; ~.

, 'IN

'fliP.

HIGH

COURT~qF

~~I:fJ)ICATUREAT.

BOMBAY.

APPEAVNo.
,

OF 19
,

(Under the:C;ompanySecretaries Act~ 1980) Notice ~Ddcrscctio~ 30 of theC:ol'4puDySecretariesAct,1980

,

(Rule 1058)

In the matter of the Company Secretaries'

Act, 1980 (Act ~o.. 56 of1980) And' ;' '.
.

[n'thematterof
.

a:Member of the Institute of Company.

Secretaries
,

of India.
,

'

. . . . . ... ~. . . . . . . . .APPELLANT.
~
.,

To. The Secretary of Ihe Coundi 01 t he lrdlit\U~ of Company S'~;rt~hl]'k~1 of Inub.

'

the Order

dated the. . . , . . . . . . duy of . .. . . . . . . . . . . . .. 19. . . . . .of the Council of the hlstitute of ,CO~"'l}>.1'ny S~ctetarjc!i of India.
, .'
. '

WHEREAS the API'~'ILij]l .dllhC named has filed in this ,Court an Appeal against

You are required 1.0forward to the Prothonotary and Seniqr Master, within two weeks from the date or sc:nicc of this Node:: upon you. the findings of the Council
,and jlll the other do(~..mwl1tsmentioned in Rule 1057(1) .of the Rules of the High

Court (Original Side) a.ndthe extra eOI)iesreferred to,in sub-rule (3) of the said Rule; and
.,'

NOW TAKE NOTICE Ihat th~ Appeal wiU be placed for hearing before a Division
Bench of this c.ourt 011 the ,
,

'd.s) of
'

'.

19

at
,

11 O'Clock in the forenoon, when you arc l\;quh'edJo appear 'either in person orby an Advocate entitled to practis.e in this, Court.
,

AND TAKE FURTHER NOTICE that in default of your appearance either in person or by an Advocate,the Appeal wil1be heard and determinedin your absence. . ,
'

".

,Dated

this

,...,..

day of

19

.......

,Prothonotary and Senior ,Master. ,SEALER .The

, daY<lf..." 19,'". ~..

No. 138 Notice under section 30 of the company Secretaries Act, 1980 (Rule 1058)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY REVISION APPLICATION NO OF 19 Under the Company Secretaries Act, 1980

In the matter of Company Secretaries Act, 1980 (Act 56 of 1980); And In the matter of.......................... a Member of the Institute of Company Secretaries of India. To, (1) ................. .Member of the Institute of Company Secretaries of India; (2) The Secretary of the Council of the Institute of Company Secretaries of India; (3) The Secretary to the Ministry of Finance, Union Government, New Delhi. WHEREAS the Applicant abovenamed has filed in this Court a Revision Application against the Order dated day of.. 19 . of the Council of the Institute of Company Secretaries of India; AND WHEREAS you are hereby required to forward to the Prothonotary and Senior Master, within two weeks from the date of service of this Notice upon you, the finding of the Council and all other documents mentioned in Rule 1057(1) of the Rules of the High Court (Original Side) and the extra copies referred to in sub-rule (3) of the said Rules; and NOW TAKE NOTICE that the Revision Application will be placed for hearing before a Division Bench of this Court on the day of . 19 . at 11 Oclock in the forenoon, when you are required to appear either in person or by an Advocate entitled to practice in this Court. AND TAKE FURTHER NOTICE that in default of your appearance either in person or by an Advocate, the Appeal will be heard and determined in your absence. Dated this .day of ..19 . Prothonotary and Senior Master

SEALAR The . day of ..19 Advocate for . .