Bombay High Court Original Side Forms

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164

S8H88ULE OF FORMS

No.1

Applicationfor

rc,istration.(RuJo 3), To

The Prothono,tary alld Senior Master,

High Court, Bombay.

IN TH~ HIGII COURT OF JUDJC;ATURE AT BOMBAY

ORIGINAL SIDE\

Sir,

Please enter my/our firm's name in the Register of Advocates under Rule 3 of theOriginal 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 orClerks 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, OriginalSide Rulei aad to inform you immediately of any change in tl.~ above particulars.. .

Yours faithfully,



----No.2

Toroposal to

Addcsignatc The Honourable the uhief Justice and the Judges oftl'e High uourt of Judicatur8voca~

B bas Senior at om ay.Advocate.

MAY IT PLEASE YOUR LOa.D8HIPS .(Rule24) . .

I, propese .Shri/ShrimatifKumari :... ""'" """"" ..,. ..wrowa~enrolled

(Name (lte.) .

as an Advocate by the :Baruouncil of Maharashtra on... . . . . . . . . . . . . . . . . : ... . . ..(Date)

and who continues to be on the Roll of Advocates maintained by the said Bar ()ouncilandwhohasbeenpractisinginthis {;ourtfin the«. Court

at for the last years fer beingdc.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......

I hereby express my consent to be ..,. . . . . . . . . . . . . . . . . .. desiinated as SemerAdvocate.

Dated this day ef 19 ,.

($ignature of the AdyocatecoBceraeti).

(Signature of theSewerAdvocate).



No.3

t, """"""' , the Verifica~

abovenamee soIemaly declare that what is stated in paragraphs. . . . . . . . . . . . . . . . .. of tipla::tsis true to my .Wlt knowledge, aad that what is stated in the remaining paracrrapbs ~~adi~. . . . . . . . . . . . . . . . . . . . . .is stated oa iaf~fIllation aad belief, ami. I gelieve the same (Rule44)t. betrue.

SE>IemDl}declared at Bomba~

this. .. . . . .. . .dayof. . .. . .. . .. 19

Lf

Beforeme,

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



party ill

parsoo.ules 49and 56).

166'

NO.4"

Il'Ic1HB HIGHCOUJ.tT OF JUDICA'NJR8AT BOM13AY

ORDINARY OruGINAL CIVIL JUJUSDICTION

Suit ~o. of 19 .

. 'Plaintversus

'",

"""""""""'" .'... ., ......>,

Defolldint.

To

The'Pn;thonotar) and Senior Master,

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 theBereadant



.\ PetitiOJ!lto appoiatguardianIlII-/item

(Rule 64)

168

No.6

IN THE IUGH OOURT OF JUDIOATU RE AT 80MBAY

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

SUIT No. OF 19

Ipthematter of.. ..aminorandinthe matter ofSuitNo : wherein isthePlaintiffandthe...........' ::..'..; is the Defendant.

.",,""..:""."..""'.""'."'."".."'..".." 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 bringing a suit iathis Honourable Gourt against............................................

2. That isaminor under the age......................... . . . . . . . .. . . . . . . . . . . .. . . ..having beenborn Oll... . . . .. . .being the ale of. . .. ..

(State the date ofbirth, iftnown or otherwisestate the age).

3. That is the guardian of the minor appointedor declared byan authority competent in that behalfor the testamenta~yguardian orthe natural guardian of the minor.

4. Thatthesaidminorisinthecareof....................................

and resides with.him.

5. That your petitioner has by letter dated. . . . . . . . . . . . . . . . . . . . . . . . served oarequested................................

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

6. That hereunto annexedis his consent in writing.. . . . . . . . . . . . . . . . .. . . '. . . . .or

Thatthesaid hasneglectedor refused togi?esuchconsent(state reasonif any)but that. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .has bythe consent hereto annexed signified his wiIIingnessto act as such guardian.

7. That the said...i .has no interest directlyor }ndirectly adverse to that of tbe minor.

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 saidminor Defendant.



169

No.7

INTHEHIGHCOURTOF JUDICATUREATBOMBAY

ORDINARY ORIGINAL (,IVIt. JURISDICTION

SUITNo. OF 19

In the matter of a .inorand in the matter of '.................Suit Nc wberein ,... is thePlaintiffand. . .. . . .. . . .. . . .. . . .. . . . . .. .. . .. . . . .. . . . . .. . . .. .. is the defendant.

Petitioner.

To

Take notice that the plaintiff in the above suit has applied . .' to this (,ourt to have ' or

some other fit and proper person appointed guardian for the suit of the said minordefendant 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 suehappointment or propose s9memore fitting person.

Datedthis.................... da)' of 19

Prothonotary and Senior Master.

Sealer

The day of 19.

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

.

Notice oapplicatisDto a~pointguartiilUl1Ul-/items(RwIe66.)



Writ of-111895 18a matrimoni-al suit othertltaD a suit

IUIder theIndianDivorce

Aot. 1869(ft.ule ~).

170

No. 8

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

ORDlNARY ORIGINAL CIVIL JURISDICTION

SUIT No. OF 19

, . PLAINTIFE.

versus

"""""""""""""" ... DEFNDANT,

To .. .. .(Defendant)"""""""""""""""""""" .

Whereas the Plaintiff abovenamed has instituted a suit against YO!;,as set ou

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 dulinstructed 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 anas the day fixed for your appearance is appointed for the final disposal of the suyou are required to produce all your \\oitnesses on that day and all the documentupon which you intrnd to rely jn support of your defence, and

1 ake notice that in default of your appcar:\!:ce either in person 0.' by an Advocat

OQtge day before mentioned, the suit will be heard and determined in yom absencWitness , Chief Justice at Bomba

aforesaid, tbis day of 19.

Prothonotary and Scnior Maste

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 Plaintif



;---

171

No.9

IN THE HtGH OOURT OF JUDIC4.TURE AT BOMB4.YORDINARY ORIGINAL (,IVIL JURISDlCIlON

SUIT No. 19 .F

PLAINTIBP .

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

To ""., (Defendant)"",."...,.,...,.."',..", :.."...,.

Whereas the abovenamed Plaintiff !:>asnstituted a suit against you, as set outin 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 vakalatnama and a written statement of YClJfdefence and serve a copy of the writtenstatement 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 inChambers on the day of 19 .

You are hereby summoned to appear before the Judge in Chambers to answerthe Plaintiff'sclaimon the said , dayof ,...1'at 11 O'clock in the forenoon, either in person or by an Advocate entitled to practisein 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 suckquestions, and

Take notice that on the,day before mentioned after hearing parties who appeardirections will be given by the Judge as to the date of trial and other matters COB-cerning the suit, and

, Take further notice that if you fail to file your appearance in person or a vaka-latnama and written-statement as directed above, or if you fail to . appear beforethe Judge on the day before mentioned the suit may be ordered to be set down onBoard en the same day or any subse<iuent day as "undefended" and you willbe liable to have a decree or order passed against you. '

Witnes~ , , ; CJhief Justice at Bombayaforesaid. this day of " 19 '

ProthonotaryandSenior !\.:faster.

Seale!

The , , day of..., J9 .

Advocate for the Plaintiff:

Address:

Writsumm.ns3 suit oththan asummary'suit or

matrimosuit(Rule 6').



Writ ofSumlnOnsina summarysuit

(R1Ilc).

172

No. 10

IN THE illGH OOURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL ,(;IVIL JURISDICTION

- SUIT No. OF 19 .PLAIN11PP.........

""""""""",""""~~;;~,;"""""""""'" D.aFmmANT.',""'" .'.. ,':"""""""""""""" .......

To

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 whereofthe following is a concise statement, viz :- '

You are hereby summoned to cause an appearance in person or a Vakalatnamato 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 suchtel' da}sto obtain a decreefor anysumnot exceedingthe sumof as. . . . . . .. . . ......and the sum of Rs.. . . . . . . . . . . . . . . .for costs together with such interest, if anyas the Gourt may order.

If you cause an appearance in person or a Vakalatnama to be entered for' you, thePlaintiff 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 srouldbe allowed to defend the suit. .

Witness.~ Chief Justice at

Bombay aforesaid, this : da} of 19 .


Sealer

The day of 19 .



113

No. 11

IN THE HIGH OOURT OF JUDIOATURE .\T BOMBAY

ORDINARY ORIGINAL (;IVIL lURISDICfION

SUITI~

No. OF 19

..............""""~;;s~ PLAINTIFF.

...n """"""""""""""""""" DBFFNDANT..Let all parties concernedattend beforethe Judgein (,hamt>erson the. . . . . . . . . . . .

day of. . . . . . . . . .19 at 110' clockiDtheforenoon at the hearing ofan applicationon the part of the Plaintiff that judgment be entered for the Plaintiff in thissuit against the defendant for Rs , as set out in the plaint herein.and for interest and cost.

Dated this day of 19 .

This summons has been issued at the

jnstance of : .Advocate

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

Signature of)

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

To

(State names of parties).

N.B.-Affidavit of dated the day of...........10 \Yillbe used in support of the Summons for Judgment.

SUDDDonfor judg-men insummarysuit

(Rule 221).



174

No. 12

ChamberSummollS(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'clockintheforenoonon the hearing of an application on thf'- part of the (plaintiff or Defendant, atl: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 of dated the day of

.. . . . . . . . . . . . . . . . . . . . . . .19 willbe used in supportof this GllambSummons.



i1$

No. 13

INTHEHIGHCOURTOF JU~ICATURE AT BOMB;\~


Noticemotion(Rule 24).

SUIT No. OF 19

' , PLAINTIFF.

versus

,.., """ DEFENDANT.

1 ake notice that this Court will bemoved 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 beeng!anted, add as follows):-

And take notice also H',at leave to give this notice fof the da} and hour aforesaidbas b~cn obtained from the Hon'ble Mr. Justice.. .. . .. .. .. .. .or that theHon'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 datedthe ' day of.'. . . . . . . . . . . . .19 will be used in support of this Notice of Motioo.



i16

No. 14

NoticeuDder OrderXXX, Rule5 of theCode of

CivilProcedure.

IN THE WGH COURT OF JUDICATURE AT BOMBA Y


SUIT No. OF 19

. PLAINTIFF.. . . . . .,. . . . . ". . . ... . . .

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

TO

Take notice that the summons served herewith is served on }Ouas a partner intheDefendantfirmof or as apersonhaving

the control or management ofthe partnership business ofthe firm cf .......Dated this day of 19

for Prothonotary and Senior Master.

Sealer

The day~of 19.

Advocatefor ~..

N.B.-Where the person served is both a partner and manager, use the followingform :-

Take notice that the summonsservedherewith is servedonyou as a partner in theDefendant firm of ~ .and also as a person having tbccontrol ormanagement ofthe partnership businessofthe firm of...............-_."M."""""""""""""'"



177

No. 15

IN THEHIGH COURT OF JUDIOATURlAT BOMBAY

SUITNo. 01' 19

'Nbfic4i".

~unter.ClaIM ,,'

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


n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

versus :'PLAINTIFJo",

"""""""""",,"""""""""""""""" DEFENDANT.

To

The within named X. Y.

Take notice that you are required to file an appearance in person or a Vakalatnamaand 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 failto 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 day of 19

Advocate for ,



No. 16

IN THE HIGH OOURTOF JUDIOATUR£ AT BOMBAY


SUIT No. 19OF

Notice of

payment, with denh.J

of liability(Rule 105).

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

.." . DEFENDA~T .

To

Take notice that tbe Defendant above named has paid into Court R.s. . . . . . . .. . . .He says tbat that sum is enough to satisfy the Plaintiff's cJaimherein but deniesliability therefa. .'

The day of 19

for Prothonotary and senior Master\ .

Sealer

..The "J ,...;day of ;...;.; :'19

Advol:ate for~. ... .. . . u

, A-1498-24.!

. .. I ..,.



118

No. 17

Third PartyNotice

.e: Contri-btttic!tt. orDrdcmuily

(J.1IJe 108).

IN T~ HIGH COURT OF JUDICATURE AT BOMBAY

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

SUIT No. OF 19

u.~ , ' ' PLAI~F;

versus, .

.... .. . .', ; ..;'-"""" . .. -. .. ..oo . .. ...""""" . ... :DEFEND

To

Mr.X. Y.

1ate noticethattbis suit has been brought bytbe Plaimifhgainst tl-eDefendaIlt-

(here state conciselytbe nature of the Plaintiff's claim) as surety for M.' N

upon a bond Conditioned for payment of . . . . . . . . . . . . . . and interest to thePlaintiff.

The Defendant claims to be entitled to contribt1tion from you to tbe extent oone-balfof any sumwl-icl-the Plaintiffmay recover~againstNm, on tbe grounC'tbatyouarehisco-suretyundertbesaidbond; or, also surety forthesaid..............on respect oftbe saidmatter under another bond executedby you in favour of thesaid Plaintiff,datedthe dayof....................

OR

asacceptoroh billcf exchangeor. . .............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 plaintiffof , tonsof ' "'"

The Defendant claims to be indemnified' by y~)U,against liability in respect of thes;::idcontract, or an) breach thereof on the ground tbat it was made by him on yourbehalf' and as your agent. -

And take notice that'lif yo"!!~~sb to dispute tl-e Plaintiff's claim in tbissuit asagainst the Defendant or your l~a~dltytc the Defendant, you ~ust ent.eran ~ppearancein person or a Vakalatnama wlthm two weeks from the service of this notIce, and tilewithin two weeks thereafter an affidavit in reply to tbe affidavit of tl>eDefendant

dated. . . . . , . . . . . . . . , . . . . . . . . .in support of the tUrd part) nC'tice, setting outbriefly your case with :egard to .the tbird party notice as well as your case, if ap.y,with regard to the plaIDt.

And wl:>ereashe suit will b~ placed fOJ directions on the board of the Judge inChambers 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 eitberperson or bj an Advocate entitled to practise in this Gourt duly instructed and-



179

And take notice tbat if you failto enter an appearance in person or a YakaJatlHun:i1and tc file an affidavit in reply as hereinbefore stated or to appear before tre JudIeon the da., aforementioned, you will be deemed to admit the claim stated in thsnotice and will be bound by any judgment or decision :ivc-n in the suit, -.11eO'erbyconsent or otherwise, in so far as it is relevant to any claim stated in ths notice andthe 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\'1ster.

Advocate for the Defendant.



Tlird PartyNotice Re:Questio:> orIssue (Rule-108),

180

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

No. 18

SUITNo.


OF 19

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

ver.5'JS , PLAINTlFF'

,

,..., DEFENDANT.

To

Mr.X .Y.Z.

Tak,~ notice thatthis svit hac;been brought by the Plaintiff against the Defend

(h'~r~stat~ cc)!1cisc!y tic nature of th~ plaintiffs claim).

The Defendant claims that the following qncstion or issue, viz. (here state concith~ question or issue to b~ determined.) should be determined not only as betwthe Plaintiff and the Defendant but also as between either or both of themyourself.

And take notice that if you wish to be heard on the said question or issue odispute the Defendant's liability to the Plaintiff or your liability to the Defendyou must enter an appearance in person or a Vakalatnama within two weeks frthe service of this notice, and file within two weeks thereafter an affidavit in reto the a,ffidavit cfth~ D~fendant da.ted , in supp

of the third party notice, setting out briefly your case with regard to the tJparty 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 JudgeChamb':Tsonthe dayof 19

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

either in person or by an Advocate entitled to practise in this Court duly instrucand able to answcr all material questions relating to the suit and/or the third pnotice; and

- '

Take no,ic-: that on the day aforementioned after hearing parties who appdireclions willbe given bythe Judge as totl'e date oftrial and other matters concernthe suit and the third party notice;

And take notice that if you fail to enter an appearance in person or a vakalatn

and to file an affidavit i11reply as hereinbefore stated cr to appear bfore the Juon the day aforementioned, you wiJl be bound by any judgment or decision gin the suit, whether by COH',entor otherwise, in so far as it is relevant to any quesor issue stated in this notice and the Court may pass against you such decree asnaturc cf the case may require,

Dated this day of ,19 .



181

No. 19

IN THE HIGH COURT OF JUDICATURE AT BOMBA Y

ORDINARY ORIGINAL (IVIL JURISDICTION

SUIT No. Of 19

PLAINTIFF;

versus

DEFENDANT.

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

,\

(Signed)

(Signed)

Plaiatiff.

Advocate for thePlai uti if.~--~-.--.--

Confessionof defence.(Rule I62



No. 20

IN THE HIGH COURT OF JUDICA1URE AT BOMBA Y


Of 19 .SUIT No. " . .PLAINTIFF;""""""""""""'" .

versus DEFENDANT.""""""""""""""""""""""" .

Upon reading the appliccltionof ,dated the day of19 andtheconsentsignedthereonby......................

. .andupon the said application being filed ttis day, it is qrdered that this suit bedismissed

and it is hcreby--- - -- -0- - and it is furtter ordered that the two thirdsallowed to be withdrawn

of the institution fee paid on the plaint herein be refunded to the Plaintiff and theProthonotary and Senior Master do issue accordingly a certificate for such refund.

Witness. . . . . . . . . . . . . . . . . . . . . . . ., Chief Justice at Bombay, aforesaid. thisdayof 19

By the Court,


Sealer.

The dayof 19.

Order drawn on the appJication of Advocate for. . . . , . . . . , . . . . . , , . , . . .

Order fodismissalwithdrawof suits(Rule163



Affidavit ofdocun ,ents

under OrderXI, Rule 13

of the Codeof CivilProcedure.

182

No. 21

IN THE HIGH COURT OF JUDI(,ATURrl AT BOMBAY

ORDI!V,ARYORlGl.1'lAL CIVIL JURISDICTION

SUIT No. Of 19

. . . . PLAINfIFF;.

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

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

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 thesaid first schedule hereto.

3. That (here state upon what grounds the objection is made and verify thefact as far as may be).

4. I have had but have not now in my possession or power the documentsrelating to the mattets in question in this suit which are set fortI> in the secondschedule 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 documents and inwhose possession they now are).

7. .Accordine,tc tbe best of my kna\'\-Iedge,information and belief, I l'ave notno\'\-and never had inmy possession, custody or po\'\-eror in the possession, custodyor powel ofm} Advocate or in the possession, custody cr po\'\-er cfan)- otter personor persons on m} behalf an} deed, account, Book of account, voucher, receiptletter, memorandum, paper or \'\-riting or any copy of or extract from any suchdocument or an} other document whatsoever relating to' the matters in question inthis suit or any ofthem or whete in any entry has beeDmade relative to such mattersor any of tbem other than and except the documents set forth in tl>esaid first andsecond schedules hereto.

Sworn-----------

Sclemnly affirmedat Bombay,

This dayof 19

Beforeme,



183

No.22

IN THE HIGH GOUKl OF JUDICATURE AT BOMBAY Summoto w

ORDINARY ORIGINAL GIVIL JURISDICTION

SUIT No. OF 19 .."""~;r~~ PLAlNTlFF;

; DEFENDANT.. . ... e.. . . . . . . . . . . . . . . . . . . .

To

.......

Whereas, your attendance is required to give evidence or to produce documentson 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 tobrin11with 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 ChiefJusticeat Bombayaforesaid,this.. ... . . . . . .. . . . . . . . . . . . .day of. . . . . . . . . . .'.19 .


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 documelltto be produced in this Court on the day and hour aforesaid.



SunUnonslu1e 249).

184

No. 23

IN THE illGH COURI OF JUDJCATUR~ AT BOMBAY


SUIT No. OF 19 . (o.s,)

. .PLAINTIFF;

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

Upon reading the plaint herein and upon hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .Advocate for t1~eplaintiff, I do order that the Defendant abovenaweddo 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 hav~ dctermi ned).

Witness ChiefJustice at

Bombay aforesaid, this dayC'f 19


Sealer/-

The dayof 19 .

Advocate for the Plaintiff.

- ------

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 andexpedient.



183

No. 24

IN THE HIGH COURT OF JUDICATURE .\T BO~JI~)' . ~d:s~ORDINARYORIGINALCIVILJURISDICTION 76.<mter.

XXVI RulSUIT No. OF 19. 4 of theCod

""""""""""""""""""""""""""" PLAINI1FF;ofCivil

~~~ . ~~~. tRuJe 177).DEFBNoANT.

To

.DistrictJudgeof Greeting:

Know ye that ttis court has appcinted YOllLommissioner, with power to appointany other person ~ou ma} deem fit in t!>isbehalf, to take the examinatior. cross-examination and re-examinatiop (viva voce or upon interrogatories) upon oath orsolemn 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 ir this behalf, to 1equire the attendan~of su'ch witness or witnesses for the purpose of being examined and to appoint ifnecessary, an interpreter to interpret the evidence of such witne~s or witnesses ;ndbisis further to authorise and empower yell, and such otber person as }leu mayappoint in this bel1alf,to adminicter catb or affirmation to such witI!ess (:r witIlesseand 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 thisCommission, a certain time fer executing the same, and to cause notice of suchappointment 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 partiesto the suit do appear, before you or the person appointed by yeu, in person cr byAdvocate And this is furti'er to direct 'tbat the examination of sucb witness orwitnesses be commited to writing in the .Bnglishlanguage And this is further to directthat when you cr the person appointed by yot' in tbis behalf shall hve do so taken theexamination, you cr the said person tl'roughyou, as the case may be, shall send tbeevidence and the exhibits together with this commission under a sealed cover to theProthonotar} and Seni{'rMaster of the High Gourt. . . .

Witness , (;bier JustiCe at ':OombaY'arotesajd,tbis da} of 19 ..,' .' .

ProthonotaT) and Senior Master.Sealer

The day of

Advocate fer the plaintiff.

Address:

Advocate for the Defendant.

Address:

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

. Oath of Witne/l~

swear in the name of God

I do -- I I-m that what I sbaIJ state shall 'be t}le trut}! t}>eo emn y arm'

~ho]e truth and nothing but tbe trutb.

Oath of Int~rpreterSwear inthe name of God. .

I do - I I ffl. tbatI will we)]and tmI, 18tc;pret and explain all'o cmn ya rm



186

No. 25

'Or&'appointin& '

~.'

IN nm RIGA COURt OF JUDICAnJln; ATBOMB4Y

ORDINARY OIuGINAL GIVIL JURISDICTION

SUIT' No. OF 19

CoRAM:

Date:

PLAINTIPP;

versus

' ' ' DBPBNDANT.

Upon reading the Notice of Motion herein dated the. .'. . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . . . . . .19 and the affidavitsmentioned 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 notappearing and upon prod cf service oftl>e said Notice of Motion upon the defendant,it is ordered that " ,.Gourt Receiver, be.andhe'ishereby appointed receiver (without security and without remuneration) ofthe......

..., ..". . .... .. ... .:. .... .(here insert description of the propertyofwbich 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 receiverthe rents in arrears (if any) and the growing rents thereof as they become due. andthat 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 hisacecuI)ts before the Commissioner for TakiRi Aecou.ts in tpe manner proyjd8cJby the rules of the this «bourt.

And it is lastly ordered that tlte costs oftBe plaintiff of the saicJNotie. ofMotiel1and of tbis order be eos's in the cause.

.Witness <Jhief Justice at

Bomba)'foresaid,this da, of.. .. .. .. .. ... . . . ..1'

By the' Ueurt.

Prothonotary and Senior Malter.

Sealer

Thc dayo£ 19



" '117

Me. 2(t

IN TIlE 111811,4IOUT QF,Jti'»l6A.TVU:, AT ~MBAY..INllY -Qa.U!HNALIVILJUIIIOIO'I'ION '

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 apeDreading the affidavit of .dated the ..dayof .. .. .. . .19 verifyin: such consent and upon hearing... . """""Advocate for the plaintifIit is by and with such consent ordered that thi$ awt and allmatters in dispute between the parties hereto be and they are hereb, referred to thefinal determination of .. . . . . . .and. . . . . . . . . ., the arbitrators chosen by and

between the said parties and of. . . . . . . . . . . .as umpire and it is further orderedthat the said arbitrators do make and sign their award in writine concerning thepremises in question and cause it to be filed in the Court together with any depo!iitiamand 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 laidarbitrators disagree about making an a'\\ard or fail to make ane' file an award withinthe said period of. . . . . . . . . . . .months or \\'ithin such furtl::er time as may biallowed b} the Court, t1:>isuit and all matters in dispute between the parties heretoDe reIerred to the finfll determination of .." '." " ,.. .(umpire) whoshall make and sign his award in \\'riting concerning the premilici in question andcause it to be filed in tl'e court together \\'ith any depositio8' and documents whichmay~avebeentaken andprovedbeforehimwithin.. . . . . . . . . : . . . . .monthsfromthe date when by virtue of this order the matters aforesaid shall have become lubjectto his umpirage And it is further ordered by and with liu(;hoonsent as aforcliaid thatthe costs <.ftbe suit and of the said reference, and award or umpirage£ball be in thediscretion of the said arbitrators or umpire, as the case may'be, who sha11 directand award b} \\'hom and to whom and in what proportion and maImer the same shallbe paid And it is further ordered by and \\'ith such consent as aforesaid that thewitnesses 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 fUitherordered that the parties hereto do produce before and deposit with the said arbitratorsor 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 orcontrol as the said arbitrators or umpire shall thinkfitto order Andit is last!}'orderedby and with such consent as aforesaid that if either of the said faTties shall delay orotherwise wilfuHy neglect to proceed ",ith the said reference, the said arbitrators orumpire shaH be at liberty to proceed ex parte. . ,

Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Chief Justice at Bombtiy aforesaid, this

_L dayof 19 . c' 'By the Court.

Old..-ReferencearbitratioD

Sealer

'Ihe 4ay.f l' .Advocate for tlte Plaintiff.

Prothonotary alJClSenier Maater.



188

No~ 27

'Order ofReference inAdministr 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 andupon heariDg evidence and perusin!; extibits, tbis Court doth order that tbe suit bereferred 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~eQin 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 this Court dptb further order that tbe property oftbe said deceased be appliedhi due COl'rseof administration And this GoUl't doth further order that tre pal tiesto this suit de app~ar before the said Commissioner and the said Commissioner doreport to this Court within si~ months from the date of the lodginig of a certified

, copy of this order in his officeupon the matters herebyreferred ana for the bettertaking of suct accounts tbis <-ourt doth further order that th~ said parties do produceb~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

saidparties srall beat libertyto applyto the Court astheremay beoccasion. .

Witness , Chief Justice at Bombayaforesaid, this ..da) of 19'

By the Gourt,

Prothoaotary and Senior Master..

Sealer

The dayof 19Order of referencedrawn,on the applicatioR



189

life. 28

SuiT No. OF 19

fMder~ofReferenceunder Order XXV

Rules 11and 12 othe Code.r Ciyilproce~hlt'e

IN 'DIE 111GB "OOT OF JUDIOATUR£ AT .Ol\tllAY

O&DlNARY O&IGlNAL CIVIL JURISDICTION

CoRAM:

Date:

PLAINTIFF;

."""" ~~;~ """" ..,. '~BFlNDANT., ,

,

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~ andwound up and the suit being this day called on-for hearing and final disposal andupon hearing ..Advocate for the plaintiff and..............

, Advocate for the defendant and upon, l>earingevidenceand perusing exhibits,this Court doth order that the said partner-shipdostanddissolveC:asfromthe .day of .'...........19 And tI-isGourt doth furtJ:>erorder 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 thatnotice oftbe said dIssolution be also given by tre parties to the Registrar of FirJmAnd 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 theplaintiff and tte defendant mentioned in the pleadings herein And 1his Gourt dothfurther order that the parties to this suit de appear before tl'e said Commissioner Andthe Gommissioner do ascertain and report to this Gourt within six months from thedate oftJ:.e lodginp of a certifie~ copy of this order in his office what balance, if anyis 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 plaintiffand the defendant. do produce before the said Commissioner all books, papers anddocuments 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 shallhave 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 ,.." , 1'



1,0

No. 29

(;crc~ <HI

Com-

Report.

...TH& HIGH COURT OF JUDIC4.TURE ATBO1\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 bereferred 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 bereserved until the said Ccmmissioner shall have .JIladebig repert, and wl>erea!'thesaid 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 forforth~l ,:irectkns and ccsts on,the said lepert, And upon hearing ,.... . . . . . . . . . . . . . . . . . . . . . . . ., AdvocatefoUhe plaintiff and upon the defendant beiatcalled and not appearing aDd upon reading the said report of the Commissioner andthe;certificate oft 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 reportdated the day of., 19 and inaccordance. therewith dotb pass judgD1ent for. . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . ... """ ., .,.. : "" ..., ...and cloth order and decreetht......

.; .'...............................

Witness , ,Chief Justice at Bombay

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

By the Court,

Prothonotary and Semer Mastor.

Sealer



191

No. 30

IN ~ HIGH <JQURT OF JUDIC4.TUBE AT'BOMBAY


App)ic.nihllto dlBW!lllmoneydeeTfe.

SUIT No. OF -19

, "

~~~;~; PLAINTIPP..

__h""""""""""""""""""""""""'""" DEFENDANT.

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 particularsandif found correct. have it engrossed :-

,-

Rs.

i

'

I.Principal awarded.. . . . . . . . .

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

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

I.

I

3.Costs.. .. .. .. ..

Il~~al_- :.~__L___._-

P.

'\\

1

Dated this day of I!)

Yours faithfully.

Advocate for t~e plaiDtift'.



192

~o. 31

Moneydecree.

IN THB HIGH COU.R1 OF JUDICATURE AT BOMBAY


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 hearingand final disposal, AND UPON HEARING................................Advocate for the plai ntiff AND UPON the defendant being, called and not appearingand upon proof of serv'jce of the summons upon the defendant and upon bearingevidence and perusing exhibits, this Court doth pass judgment for the plaintiff anddoth ordcl and decree tht the defendaDt do pay tc the plaintiff tbe sum ofRs for principal and the sum of Rs for interestand the sum of Rs .for tbe costs oftbe suit and do

pay futber simple interest atthe rate of . . . . . . . . . . . . . . . . . . . . . . . .per cent per annumupon 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 dayof 19

Decree drawn on applicatioJl of

Advocate for the Plaintiff.



193

No.n

INTH£ HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JTJRISDICTION

SUIT No. OF 19

CoRAM:

Date:

.

versus ,PLAI~TIFF'

,

.. ...DEFENDANT..

The Plaintiff claims to recover from the defendant the sum bf rtJp('cs.. . . . . . . . .(hcreinsertthcparticularsofcIaim) """ ,..

Andthis suit b in"., this day calledon in Chambers for hearing and final disposal under Order XXXVII of the Codgof the Civil Prccedure and upon hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . .Advocatefor the Plaintiff and upon proof of service of the summons U,J:illthe defendant onthe.. .. . .. . .. .. .. .. .. .. .. day of.. .. .. .. . . .. . .. .19 and t11ewid defendant nethaving 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 theplaintiff and doth order and decree that the defendant do pay to the plaintiff tbe sumcfrupees 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 saidprincipal from the date hereof until payment.

Witness ,Chief Justice at Bombay

afcresaid,this dayof 19

By the COUIt,


Sealer

1he u..dayof..",.,.,.".".,,19.

Decreeunder OrdXXXVIIthe CodeCivif

Procedure.



MoneyaCCl'ec

. suit ani.. ThirdParty Nettce.

194

No.33

IN THE HIGH COURT OF JUDICA TURF. AT BOMBA Y

OR!)INARY ORIGINAL CIVIL JURISDICTION

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 tbeliability of. . . .. . . . . . . . . . .. .. . . . . . . . . . . . . . .third part} herein, to indemnify thedefendant 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 notappearing and upon proof of service ofthetbird party notice upon the said......... . . . . . . . . . . . . . . . . . . . . .and upon hearing evidence and persuing exhibits, thisuow'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 thesum of Rs .for interest and Rs :for the costs of the

suit and do pay further simple interest at the rate of. . . . .. . . . . . . . . . .per cent perannum upon the amount of tile said principal from the date hereof till payment andwith regard to the question of indemnity this Court doth declare that the defendantis entitled to be indemnified by tbe said third party. . . . . . . . . . . . . . . . . . . . against allamounts payable by him undel tbis judsrment And this Court doth further order thtthe said third party .dopa}toth~ defendant suchamounts as may be paid by the defendant to the plaintiff and Rs. . . . . . . . . . . . . . . .forthe defendants cost ofthe suit and of the third party proceedings helein.

Witness .,Chief Justice at

Bombay aforesaid, tbis .day of 19 .

By the Gourt,

Prothonotary and Senior Matet.

Sealer



195I

Ne. 34

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


SUIT No. OF 19

(,oRAM :Date:

PrdimiDardecree onmortgage.Mort~riil posses~

PLAINTIFF;

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. . . . . . . . . . dayof 19 and prays that the said mortgage may be enforced bysale (\1H.eproperty described ir the Schedule" A "hereto and the suit being tlii~ day

called on fer bearinIl and final disposal and upon hearing. . . . . . . . . . . . . . . . . . . . . . . .Advocate for the plail.tiff and upon th~ d(fendant being called and not appearingand upon proof of service cf the writ of summons upon him and upon hearingevidence anclperusing exhibits, this (ourt doth pass judgment for the plaintiffanddoth 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 incurredb~ 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 ofIts. . . . . . . . . . . . . . . . . . . .And this Court doth order and declee that the defendant do

payintoCourtonorbefolethe dayof 19 tResaid 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:fsuchamOl'nt as the Court may adjudge due in lespect of such subsequent cost of thesuit and such subseCi{uentcosts charges and expenses as may be payable under

, Order 34, Rule 10 of the Code of Civil Procedure togetber with suoh subsequentinterest as may be payable under Rule 11of the said Order, the plaintiffdo reconveytothe defendant the said mortgaged property or where necessary assign the mortgagedebt and transfer the mortgaged property to sucb third person as the defendant maydirect 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 lastlyerder that in default ofthe defendant paying into Court such sums as aforesaid bytJaetime aforementioaed, the plaintiff be entitled to apply for a final decree for saleof the said property.

Witness.., ,C,kifJusticeat

..mba) aforesaid, tbis day of .1~.

~ealer

By the Court,




cree ofrtgage byeposit oftitle-deeds.

No. 35

IN THE HfGH COURT OF JUDlOATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION'

SVIT No. OF 19 .GORAM

Date:

..,..., , ' PLAINTlFF;

versus

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

The plaintiff cJajm~'to recover from the defendapt the sUJrof ~s.. . . . . . . . . . . . . . . .

(leerein~ert the particulars of claim) unde,r a mortgage or charge created by a depositof 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 disposalAnd upon hearing , Advocate for tre plainti1fAnd upon the dffendant bc:ingcalled and not appearing And upon proof of serviceof 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 ofthedepositmadeonthe , ,day of 19 by thedefendant 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'ssaid propeliy And this Court doth further declare that there is due and owin&tothe plaintiff on this day on the security of the said mortgage or charge the sum ofRs ..., .,.. 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 ofRs.. . . . . . . . . . . , . , . , . .A nd this Gourt cloth order and decree ttat the defendantdopayintoGourtonorbeforethe, dayof.,...,..., 19the said sum of Rs.. , . . . . . , . . . . . . . . . .And this Gourt doth further order that 01such payment and on payment there.after bef<;)!'esuch date as the Gourt.mayfix of sv.chamount as the Gourt may adjudge due IIIrespect of such subsequent costsof 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 subsequentinterest as may be payable under Rule 11ofthe said Order, the Plaintiff do deliver

up all deeds documents and writings of or relating to the said property in his posses-sion 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 persallor 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 af0re-mentioned 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 cfAdvocatefor" ' Schedule" A "



No. 36

IN TH.EHIGH COURT OF JUDICATURE AT BOMBAY

SUITNo. OF 19 .

Prelimiudeer.. oamort.....Mortppcin possossio

OllDINARY ORIGINAL CIVIL JURISDICTioN

(;OItAM :

Date:

PLAINTIFF;

versus

DEFENDANT.

The plaintiff claims to recover from the defendant tl'e sum of Rs. (hereinsert the particulars (f claim) under a mcrtgage dated the .day of the... .. . . . . . . . . . . . . . .19 and praysthat the saidmortgagemaybe enforced byforeclosure (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 UPORhearina evidence and perusing exhibits, this Gourt doth pass judgment for the plainti1faad doth order and decree that the suit be referred to the Gonunissioner for TakingAccouRts to take the following accounts, viz.- -

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

(2) An account of all sums of money properly incurred by the plaintiff uptothis 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 1Vhichbutfor the -..iIful default of the plainti1fmight have been so received) ;-

(4) Au account of any los~ or damage caiI',ed to the mortgaged property beforetbis date b} any act or emission of the plaintiff ~hich is destructive of orpermanently i}\juriousto the property of by his failure to perform an} onte dutiesimposed upcn him by al!Ylaw for the time being in fcrce or by the terms cf themortgage deed And this (;ourt doth further order that any amount Ieceiv~d under

clause 3 cr adjudged due under clause 4 above, together with interest thereonshall 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 mort-PIC money or as the case may be, be debited in reduction of the amount due to tl1eplaintifton account of interest on the principal sum adjudged due and thereafterin reduction or di'charge of the principal And this Gourt doth furtI-er order thatthe parties to the suit do appear before the said (;ommi,sioner And this {;ourtdoth 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 certifiedcopy of this decree in his office And this {;ourt doth further order that upon thereport 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} takeADdtbi!\ (;ourt dct;h further order that upot" tIle amount due to the plaintiff being



Ceurt may then direct the amount so determiD~d and the sum of Rs fH theCQstsof 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 theCourt may adjudge due in respect of such subsequent ccsts cf tJ:>esuit apd suchsubsequent costs, charges and expenses as may be payable under Order 34, Rule 10of tbe Code of Civil Procedure togetber with such subsequent interest as may bepayable under Rule II of the said order>the plaintiff (10recOl.weyto tbe defendantthe said mortgaged property or where necessary assign the mortgage debt and

transfer the mortgaged property to such third person as the defendant may directfree 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 deliverquiet and peaceful possession of tbe said property to the defendant or to whomhe shall appoint and this Court doth lastly order that in default of the defendantpaying into Court such sums as aforesaid by the time aforementioned, the plaintiffbe atliberty to apply for a final decree for sale of the said property (or foreclosureas the case may be).

Witne!?s , Ghief Justice at'Bombay aforesaid, this da)' of 19 .

By the Court,

Pr()thonotary and Sellli.r Master.

Sealer

The.. . . .. . . .. .. .. dayof.. .. .. .. 19 .

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

SGlmBt:JLEA '

I



No. 37

IN THE HI,GHCOURT OF JUDICATURE AT BOMBAYFi~ clcis ferecl.suit.

0RDINAltY ORIOINAL CIVIL JURISDICTION

SUIT No. OF 19 .

(,'ORAM

Date:

.,.'""'_"M -.. '-" ~ u.-." .,. MMl"LAINTlFT;

versus'

" ,... DEFENDANT.

UPOR reading the Notice of Motion herein dated the. . . . . . . . . . . . . . day of. , . . . ................19 for a inal decree for foreclosure and the aflidavit~ meationedin the list" A "hereto and the preliminary mortgage decree herein dated the... . . . . . .

day of. .: . . . . . . . . . . . . . . .19 and the certificate of the Prothonotary and SeniorMaster, dated the ,day of .19 certifying that110money has been paid into Court as directed by the said preliminary mortgagedecree and upon hearing .Advocate for the plaintiff and

upon the defendant being called and not appearing and upon proof of service of thesaid Notice of Motion upon him this Court doth order and decree that the defendantand all persons claliming through ('f under him be and they are hereby debarrec fromall ri~ht to redeem the mortgaged property described in the list" B" hereto and thisCourt 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 tilewhole 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 dischargedand extinguished.

.Witness.., , Chief Justice at

Bombay aforesaid, this. . . . . . . . . .. . .. . . . . .. .. .. . . . .. .day of. . .. .. .. . .. u . J9 .

By the Court,


Sealer

Tte dayof 19

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

LIST'A '

LIST' B '



!sal decreen,. suit for,- ,'< s~I~.

No. 38


ORDINARY ORIGlN.\L CIVIL JURISDICTION

SUITNo. OF 19 '

GoRAM:

Date:

'., ' , PLAINnFF.versusDBFBNDANT.

Upon,reading the Notice of Motion herein dated the. . . . . . . . . .day of. . . . . . . . .. . . . . . . . . .19 and the affidavits mentioned in the list" A " hereto and U",epreli-minary mortgage decree herein datedthe dayof 19and the certificate of tI:-eProthonotary and Senior Master dated the. . . . . . . . . . . . .day of.: .. . '. ... .19 certifying that no money has been paid into Gourtas directedbythe saidpreliminarymortgagedecreeanduponhearing .. "". . . . . . . . . . . .Advocate for the plaintiffand upon the defendant being called and notappearing 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 " "cretobe sold by the Commissioner for taking Accounts by public auction and this Gourtdotr furtber order that the plaintiff be at liberty to bid at sucf>.sale and that in tbeevent of his becoming the purchaser of the said property he b~ at liberty to set-offthe amou nt ofthe purchase money against the amount due to him under the aforesaiddecree And this Gourt doth further order that the net proceeds of such sale or somuchthereof as may be sufficient be duly applied in payment of the amount payable to tbeplaintiff under the said preliminary mortgage decree and under any further ordersthat may have been passed in this suit and in payment of any amount which the Gourtmay have adjudged due to the plaintiff for costs of the suit, including the costs othis 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 subsequentinterest as may be payable under Rule II of the said Order and this Court clothfurther order that the balance, if any, be paid tc the defendant or other penOQentitled to receive the same And tl'is Gourt doth furtber order that in the event ca deficiency the plaintiff be at liberty (where StlCl>emed) is open to him under tteterms 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 andthis Gourt doth order that the costs cfthe said Notice of Motion and oftbis decreenamely Rs. . . . . . . . . . . . . . .be added to the amount of tile mortgage claim And tl-.Court doft. lastly order tl at the pal.ties shall be at liberty to apply to the Gourt fromtime to time as there may be occasion.

W.tness , Chief Justice aI ...............Bombay ~f~~esaid, tbis dayof J9

By the Court,

Prothonotary and Senior Ma.ster

Sealer

The daycf 19.

pecree drawn on application of Advocate for. . .. . . . . . . . . . . . . . . . .LIST'A'



No. 39

IN THE HIGH COURT OF JUDICATUaB AT BOMBAY

ApPEAL No. OF 19 .

19 .

Decree or ~

ApPellate.Court, .disffiisSinlAppeal,

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTION

SUIT No. OF

GoRAM:

Date:

Appellant........................................---------------

0 'iginalPlaintiff or Defendant;verS'./s

Respondent........................................-----------------

OriginalDefendant or Plaintiff.

DJci'ee

Theappellantappealsagaim.tt1-e- --- of tbe Honourable Mr. Justice, O/der

.., ' dated the day of. . . . . . . , . . . . . .19 on the gfOunds mentioned in the Memorandnmof A1)pealfiled 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 memoran-

decree

dum of appeal, tbe said dated the .dayof............order

19 , th notes of evidencetaken and the exbibits put in at the hearing of the suit,decree

thisAppellateCourt doth dismissthe appeal and doth confirm the said----_-order

datedthe dayof 19 ~nd doth order thatthe appellant do pay to tbe respondent R".. . . . . . . . . . . . . . . . . .for his costs of Hisappeal.

Witness , , Chief Justice at

Bombayafcresaid,this dayof .19I

Bythe Court,

SealerProthonotary and S...,niorMaster.

The dayof 19.

Decree drawn on the application of

Advocatefor.......................-



Warrant ofarrest beforeJudgmentand. r OrderXXXVIll.Rule 1 of theCodeof CivilProcedure.

No. <to

IN THE HIGH (,OURT OF JUDKATURE AT BOMBAY

ORDIKARY ORIGINAL CIVIL JURISDICTION

SUIT No. OF 19 .

PLAltmPF ;, :

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

To

1 be Sheriff of Bombay,

Whereas the abovenamed plaintiff claims from tJ-e defendant the sum' oRs.. . . . . .. . . . . . . . . '.. .as noted in the margi n And whereas upon the applicationof the plaintiff the Court is.satisfied that Ihi",defendant has absccnded or is aboutto abscond or has disposed of his property, witl> intent to obstruct or delay theexecution of any decree that may be passed against him and the Court has by an

orderdatedtke dayof 19 directedtJteproper warrant te issue;

Amount ofClaim CoStS

---IRs. I

lNow this is to command you to aIrest tbe said

, defendant and bring bim forthwith before onof the Judges of this Court in order tbat be mayshow-cause why l-e sbould not Pive good and st'tficient security in tbe sum noted in tbe margin (01 I-personal appeal ance before this Court at any timwhen called upon wbile the suit is pending anduntil satisfa~tion of any decree that may be passed

-- Tota:-.:: '---! against bim intbis suit..Witness , ()ltie£ Iustice a

Bombay:aforesaid, tbe .Qay of 19

Prothonotary and Senior Master

Sealer

1his davo( 19.

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

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



No.l41

IN THE HIGH tOURT OF JUDICATt1R~ AT BOMBAY

SUITNo. OF 19 .

Securi~Bond uOrderXXXVIRule 2 ocode of CProcedur


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~ wedo bind ourselves and each and everyone of us jointly and seaerally and our respec-tive heirs, executors, administrators firmly by these presents which are sealed hereunder 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. . . . . . . . . . . . . .dayof , 19 And whereas the said wasthereupon 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;

Now the condition ofthe above obligation is such that ifthe said. . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . .shan appear at any time when called upon while the saidsuit is pending against him and until satisfaction of any decree that may be passedapinst him in the said suit, then this obligation shall be void and of no effect, butotherwise the same shan remain in fun force and effect.

Siaaed. sealed and delivered by

tM ahveaamed..................

i. the prescaceof... H... H' H.'"



_aftt ofmmittal ine cw;e ofrest befol'C

Ne. 42


ORDINARY ORIGINAL CIVIL JUftISOICTlON

SUIT No. OF 19.

"k'~"""""""""""'.""""""""""""PLAINTIFF;

versus

..I>BFENDANT.

To

The Sherifi' of Bombay,

Whereas the abovenameddefendant has been a:Tcsied befor judgment and b~brought before the Honourable Mr. Justice... .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;vHtob~ there detained by the Superinten)e:nt oftbe civil jail until 11::, duly dischargaccordingto lawor the order of the Court. . .

The rateQf diet money is 11xedat Ri. 5 per day.

Witne~s Ch;efJustlCea

BJIDbayaforcsid,tbis dayof 19

Prothonotary and S:.oniorMaster.

Sealer

The"M :...dayof 19

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



SUITNo. OF 19

;,S.~..~tbelorejudgmentunder OrdeXXXVDI.Rule 5 oNhcCode ofCivProcedure.(Rule 308),

No.G

IN 1M!! HIGH coutu ,OF JUDKATUtW AT BOMBAY

ORDINAIlY OlUGINAL (,IVlL JUllISDICnON

PLAiNTIFl';

.,el'SfIS

; DBPB\tDANI'.

To

The Sheriff of Bombay, ,

Whereas the Gourt is satisfied that the abovenamed defendant is about to disposeof the property described in the schedule hereto or is about to r~move the propertydescribed in the schedule hereto from the local limits or jurisdiction ofthe Gourt withintent to obstruct or delay the execution of any decree that may be passed against him

the Gourt by an order datedthe day 'of 19 .has directed the proper warrant to issue 0 ;

Nowthis isto command you that you do call upon the said defendant on or before. the ..' .day of 19 .either to furnishsecurity in the sum of 0""""""""" .to produce and place atthe disposal ofthe Gourt when required the property described in tre Schedule heretoor the value of the same, or such portion there of as may be sufficient to satisfy thedecree in this suit, or to appear and show cause why he should not fUrnish suchsecurity; And thisis further to command you to attach the said property until the saidday 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 endorsementccrtifyin: the date on which and manner in which it has beeRexecuted or the reaSORwhy it bas not been executed.

Witness o 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.

ScH.Bow



t1odce...OrderXXI

Rule2 oft beCode 0 f

CivilProcedure.(Rule 317)

No.""

IN THE IDGH COURT 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 su. . Cecree '

ofRs ...recoverableunderthe-O-d

dated the........r er

paid .da} of. 000000. ... .. 0019 . has been - d'-t d and has applIed tbat th

a~usepayment. t t should be recorded;Jus men

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

. paymem'11O'clockmtheforenoon to show cause why the d' t t should not be reem~usmen .

ded on the said Decree/Order.Dated this : day of 19 .

Prothonotary and Senior Maste

~aler

The dayof 19

Advocateor..........................



No. 4S


SUITNo.

ORDINARY ORIGINAL CIVIL JURISDICTION,

OF 19

Applicatifor executunder OrXXI, Rule(2) ofCode of CProcedure,(Rule 313

<1~lol

cl,I

t<:> '-'

't

I

~c<J '- 0.. U.- QJ

=- iA

~~

I

I '00 0. E 2

0 c<J c<J

;Z; ~AI

A I ~ 1 0I

0

"""= ...0

... ~ .~ '<5 »-= ,~- 0 =,- u ~ I:)()c<J

~~ 2.....-o"g ~o.c.J::... »00OJ-o.c'"-0 = o~ .

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

;:J U0) v

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

I ~It;,-.. .=~-o'-"" 0c<J.....-~o ;:;

'"

1

="" ~- 0°0)

, (5 00 '-' <!)I U .'" <i.J..o, , '-' Ij)

I

0.. '.0 oo u-. ; '- Ij)-"i:"O ' o-o,..q='~ I 0 :::~°a

1

6008~ c<J.J::oo~ c<J ;Z; ~ ,:!;

~c<J

.....

.... ~r;z:!

,...:....0""'-<0

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

.J:: 1I)0<'~ ='- -, E 00 s:f<7>c<J E":' -'" ,o~8. 00 ~.g~ ";:0.. .1:;"E =B' 00'-' ~""c<J-00 c<J "0 ;.::: =» Ij) .>-QJ 0.. c<J= =... 0..c<J ,-, o c<JU c<JQJ

~ 0 v -'-' -""'"" ooc<J0 i = '- =' "0

-5 0.. ~ I S o~,.g ,~1J c:

I

,..,"0- :>.J::.c ~n~ c<Jc<J ~ ,,"=

i~.o"" ~s.2 ~~

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

01::.J:::::""0

i ..c Q'uI'- G)

-;-..r:.1"",-

I C:""-o

1 ,- o ~00'-

I

"" U ='°=0<;:;E~~

..

(Signature)

I, , '.., the abovenamed.,..." " , .dodeclaretbat what is statedincolumns " ...

is true to my knowledge, and what is stated in columns.. """"" ..is statedon information and belief and I believe the same to be true and that the descriptionof 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 informationand belief, and I believe the same tc be hue, a~ tl-e ca~e,ma} be).

Solemnl)' declare~ at Bomba),

Beforeme,

Assistant Master/A ssociate,

High Gourt, Bomba}.is dayof ,...19.



ofice underection 145f the Code

CivilProcedureule 317)

No. 46

IN THE mGIt COURT OF JUDICATURE AT BOMB4.Y

ORDINAR.Y ORIGINAL CIVIL JURISDICTION

SUIT ]9o. OF

~~;~ PLAINTIFF'D8PBNOANT.

10

Take notice that you are hereby required under Section] 45 of the Oode of c.Procedme to appear in person or by an Advocate entitled to practice (11this CobeforetbeJudgeinChall1bers onthe dayof 1911 O'clockin the forenoor to showcausewhytre decree/orderpassedagainst. . .

onthe day. . . . . . . . . . . .]9 in tl1e above suit should not be executed agail1st you as surI

for the saId defendant.

DatedtJiis <iayof 19

Prothonotary aadS:miol Mas

iealcr

The dayof 19.

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



No. 47

IN THE HIGH COURT OF JUDOOA.:JUR£ ,,:r BOMBAY


GarnisheNotiCe.

(R,ule' 3

SUIT No. OF 19

. PLAINTITF;

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

The Garnishee

Take notice that you are h.er~by re<wjr~? ,on or ~efore .day of., .. .. . . .. . . . . . .19 . " -

(i) to pay to the Sheriff cf Bombay-

(a) a sum of Rs. . . . . . . . . . attached in your hands under the warrantofattacbment dated dayof 19

issued under Order XXI, Ru Ie 46 ofn'e Gode of Civil Procedure in execution ofthe de'cree/order dated the day of 19

passed in tre above suit against the l1efendant or so much there of as may besufficient to satisfy the decree order and the costs of execution;

(b) the amount payab e by you to the defendan< abovenamed under thenegotiable instrument dated the day of. . . . . . . . . .19. . . .which:!tasbeen attaehed under Order XXI, Rule 51 cfthe Code of Civil proeedure ineneXtltion of jhc decree/order dated the. . .. .. . "'" .. . . day of. ... . . ..19 passed in the above suit against the defendaat or ~omuch there of as maybe 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 satisfytte 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 satisfythe 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 topractise in this Court and sho\\- cause why you sJ->ouldnot be, ordered to de so. Indefall1t, an order for paymef't/delivery may be made a~ainst you.

Witness GI;iefJusticc.at BC'mbay,this day of 19 .


Sealer



tice und.trder XXI,ule 16, ofe Code of

CivilProcedure.(Rul.e 317)

No. 48

IN THE HIGH CJOURT.OF J UDICA TURE AT BOMBAY


SUITNo. 19F

PLAINTIF

~~;s~~ """~EFENDANT...u "...........

To

Take notice that }Ou are hereby required under Rule 16 of Order XXI of the Cof Civil procedure to appear in person or by an Advocate entiled to practise inCourtb~fretheJudgeinChambersonthe dayof..............19 . at] 1O'clock in the forenoon to show cause WilYhe decree passed OJ rrID3deL, the above suit on the. . . . . . . . . . . .day of. . . . . . . . . . . . . . . .19 .in favof and by him transferred to......

. . . . . . . . . . . . . . . . . . . . . . . . . . . . should not be e~ecutec by the said transferee agai

you .., ... , ..,thejudgment-debtor.

Dated this day Qf 1'

Prothonotary and Senior Mas

Sealer

The dayof 19

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



No. 49

INTHEHIGH COURTOF.JUDICATUREAT BOMBAY


SUIT No. 19F

PLAINTIFF;""""""""""""""""""" .

"" ., versus l)EFENDANT..

Take notice trat you are hereb) required under Rule 22 of Order XXI of tre Codef Givil Procedure to appear in person or by an Advocate entitled top practise in tllisourt before tre Judge in Chambers on the. . ... . .. . . .. . .. . . . . .day of. . . . . . . . ..

. decree

at 11 O'clock III the forcnoon to show cause why ti'e d passed aga-r er

nst you on the day of 19 in the above suithould not be executed against you.

19



Sealer

he dayof 19

Notice UDOrder X

Rule 22the CodeCiviProcedure(Rules 31and 317



Notice unci«Order XXI,Rule 34 of

CivilProcedure.

(Rule 317).

No. 50

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

OttDINARY ~(GINAL GIVIL JURISDICTION

SUIT No. OF 19

. PLAINTII

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

To

Take n9tice tht you are hereb, required under Rule 34 of Order XXI cfthe Codof (;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 aAdvocate entitled to practise in this Court before the Judge in Chambers on the. . . . .

day cf 19 at 11 O'clock in thfolenooD to support tie same.

Dated tris eay of 19 .ProthonotalY and Senior Master

Sealer

Tl:e , ,...day of , 19

Advocate for ""'"

---



Notice underOrder XXI,Rule 37 ofthe Code of

CivilProcedure.(Rule 317)

Ne. 51

IN THE HIGH oonl ~F JUDICATURE AT BOMBAY


SUITNo. 0, 19

;... ..,. ., ., , """H~'PLAINnPJr;-versus

DBJlBNDANT.

10

Take uotice t11atyou ale l'ereby r~uirc. .aur Rule 37 of Order XXI of tile C04eQfCivil Procedure to appear ia perseubeforctbe ludgein Chambersoatl:le........day of. . . . . . . . . . . . . . . . . . . .1!J at 11 O'clock in the forenoon to show causewhy you should not be committed to jail in execution of the Decree/Order passedagainst }OUCDthe. . . . . . . . . . . . day of "" . . ... . . . .19 in the above suit.

Dated tbis day of 19

ProthonotaI) and...Senior MasterSealer

Tbe day of 19

Adv~te for .~.. . . . .~.- ... ... . . 'oO.. -



No. 51

iN THE HIGH COURT OF JUDICATURE ATBOMBAY

SUIT No. OF 19

Warrautarrest aftjudgmentunGerOrder XXRule 38the Code. Civil

PLAINTIFF. Procedure.

(Rule 33DEPENDANT.


.

versu.~

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

To

1be Sreriff of Bomba},

Whereas the Plaintiff above named has applied for execution ofthe decree I orderoftNs(ourt,datedthe dayof 19 ,b)-imprisonmentof the defendant above named ;

Rs. I p. Now this i'!:to command you to arrest the saidI - - defendant if be shall be found in your Bailiwick.

mount of d~cree'l

and bring him together with this warrant beforeOrder inclusIveof one cf the Judges of this Court wit!> all convenientcosts.. speed, unless the said defendant is released byostsof executJOD you in accordance with the rules cf this Court:n(erestat.. """ And ttis is further to command you to returnpercent.

I

'

I

tl:is warrant oDorbefore the day- _i of ,19 with an endorsement certi.

Total.. I I f)ing He date on and manner in which it bas been\

xecuted or why it has not been executed.

Witness , , Chief Justice atBombay aforesaid, this day of 19


Sealerkc dayof.-.u ,...1'

ivocatefor """""""""""""""".'-"-""'"

.

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



arrant ofommittal inxecution of

decree.

IN THE HIGH COURT OF JUDlOATUREAT BOMBAy

No. 53

SUIT


19o. OF

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

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

,

Whereas,the aboyenamed . . . . . . . . . . . . . . . .has bj an order ofthis, Court dathe dayof 19 beenorderedto be commito jail in execution of the decree/order of this Court, dated the. . . . . . . . . . . .day.. .. ... .19 ;

IRS. p. r

Anr:JU;1tcf decree,\

- -IIIlcluslve cf costs. I

I

Costs of executioniInterst at

!

per cent.

I1-'-1

Total.. I I I

"---'--

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

To,

The Sheriff of Bombay

DEFENDANT.

Now this is to command you to lodge tbe sin the ('ivil Jail to be th

detained by the Superintendent of the Civiluntil he is duly discharged according to Jawtre order of the Court.

The diet money is fixed at Rs. 25 per day.

,Witness ", "... Chief Justice

Bombay aforesaid, this day of 19

Sealer


Advocate for

Tbe dayof 19

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



No. 54

IN THE HIGH COURT OF JUDIC,,"TUREATBOMBAY

SUIT No.


OF 19

Warrantattachmenof movpropertythepossessioof thejudgmentdebtor

under OXXI,Ruleof the Cof CivProcedur

.

"""""';e~~~; PLAINTlFF.DEFBNDANT.

The Sheriff of Bombay,

Whereas, tl-e plaintiff abovenamed has applied for execution of the dccreejrrdcrf this Court dated the dayof 19 by attach-ent <:.'fhe movable property specified in the schedule hereto and belonging tond in the possession of the defendant above named ;

I R. I p.mount cf dccreci1---l-arder

\1

Inclusive of costs.

c.f executicw :

IIntercs'at."""'i i

per Cent. I i_._-

Total..i i

And this is further to command you to return tbis warrant' on or before tt'edayof 19 with an endorsement certifying

he date on and the manner in which it has been executed or why it has not been

Witness , Chief Justice at Bombay

n.

Now this is to command yOU to seize forthwithso finc!' of the said property as is not exempted1nder Sccctior 60 of the Code of Civil Procedure

and to safely keep the property so seized in yourcustody until the further order of tl,is Courtor until the attachment is ",ilhdrawn by you inaccordance with the rules of thi~ Court;

foresaid,tbis.. ..., ...day of 19

Sealer

ProthonotalY and Senior Master.

he day of 19



arrant of

a debt notCUred bynegotiableinstrumentder Order. Rule44theCodcor CivilProceciUr~.

No. 56

IN TUE HIGH OOURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL J.uRISDI.enGN

SUITNo. OF 19

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

~~;s~s J)BFENDANT..

To.


Wherea:s the Plaintiff abovenamed has applied for e~cqtion of the cecrd, . ... ~.~

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;_1

Now this is to command you to cause tc

p. made known in the manner provided in this behby the Gode of Civil Procedure that the said de(e

gant be and ish~reby prohibited from recoverithe saig d~Qt or an} part thereof and that. . . . . . . .be and is hereby prohibited from makin? paymeof the same or any p~rt thereof until the furthorder of this Court or until the attachme

-1-1 is withdrawn b} you in accordance with the rulof this Court; .

Rs.

Amount (,f dt:cree,I-- 1--:--]inclusive of costs.

Costs of execution

Interest at ,.per Cent.

Total

And tbis is furtber to command you to r,eturn this warrant on or before t. . ..". . . :. . . . . . . . . .day cf. . . . . . . . . . . . . . . .19 with an endorsement certifying tdate on and manner in which it has been executed or why it has not been execUt

Wit~~ss , Chief Justice

Bombay aforesaid, this day of 19

Prothonotar} and Senior Mast

Sealer

The dayof 19 .

Advocatefor..................ScmIDULE



No. 56

SUIT No. OF 19 .

Warrantoattachmeof sharin publicompanieunder OXXI, Ruof the C

of CivilProcedur

IN THE HiGH COURT 011'JUDICATURE AT BOMBAY


, PLAINTIFF;versus

"._" DEFEND~.

To,

The Sbeliff of Bombay,

Wrereas, the plaintiff abovenamed Ragapplied for execution of He decreeorder

oftbis Court dated th<>..: : da} of : .].9 byattachment ofthe shares specifIed 10the schedule hereto and standIng, IIIthe name oftl>e defendant abovenamed in the (name of company) ;

RS.

/

p.1

Amount of decreefl- - r

order, inclu:;ive ofcests.

Now tbis is to command yeu to cause to b~made kno\Vn in the manner provided in ths behalfby the Code of Civil P:occdure tbat the saiddefendant be and is h~reby prohibited fromtransferring the said shares or receiving pa}mentof any dividends thereon and the said Companybe and is hereby probibited from permitting anysuch transfer or making any sucb payment' untilthe furtber order of this Gourt or until the attach-

ment is withdra\\'n by you in accordance \\'itb therules of this Gourt ; .

And this is further to command you to return this warrant on or before the

dayof 19 with an endorsement certifying thedate on and t1::emanner in which it has been executed or why it bas not beenexecuted. .

Ii

-1-

Costs of executionInteres t at '" "..

per cent.

Total

,Witness n ~. Chief Justice at

Bombay aforesaid, this ", ", day 0£ ]9 .

Prothonotary and Senior Master!l

Sealer

Tbe dayof 19Advocate for ,,-.--.

.. "



arrant ofattacltlD8atofmovabloroperty insession ofthir4party

' Osdel'

ofCml

No. 57

IN THE HIGH COURT OF JUDIOATURE AT BOMBAY


SUIT No. 19 .F

""""',"""""""""""""""""""""'" PLAINTIF

versus

'..' Dl!FBNDAN

To,

1}1e Sheriff of Bombay,

Wbereas,tbe plaintiff above named has applied for execution of the decree/orddated the ..day of .19 . by attachment ofmovable property specified in the scredule hereto and bdonging to the defendaabovenamed but in the possession of ,...............

-- Now this is to command you to cause to be ma

Rs. I p.1 known in the manner provided in this behalf byCode of Civil Procedure that the said defenda

be and is hereby prohibited from receiving frthe said. . . . . . . . . .tbc said property or any pthereof and that the said be and

hereby prohibited from giving over the sproperty or any part thereof to the said defendat'ntil t)1e further order of the Court or untilattachment is withdrawn 'by you in accordan

with the rules of tl-is Gourt;And tl:>isis further to command you to return t

warrant on or before the. . . . . . . . . . . . . . . .day of. . . . . . . . . .19 with an endorment certifying the date on and the manner in which it has been executed or wit bas not been executed.

.Witness , Cbief Justice

,Bombay aforesaid, this. .. . .. .. . .. . . .. . . . . .day of. . . .. . . . . . .. .. .. . . . .19

Amcunt of d crce/ j- ,-

order, iuclusiv~ ofcos:s.

Casts of cx~ution.

Interest at .."""per cent.

Total


i'

Sealer

Tbc..., dayofn 19 8

Advocatefor ,.""""""""" ScHBDt1LE



No. 58

TNTIlE HIGH (JOURl OF JUDICATtJ1UE AT BOMB4Y

OlmINAlt.y ORIGINAL CIVIL JUlUSDICI10N\

\

19urf No. OF

PLAIl(rIFP;versus

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

To,

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

Wbereas, tbe defendant abovenamed.. ..is a (state post held by,I

I

the defendant) receiving his salary (vI ~w-

Rs. P. ances) at your hands; And \\'hereas, the plaintiffAIDeunt cf dtcrec/

[-- abovenamed bas applied to this c.ourt fc:C

order, inclulivl.of attachment of the salary (or allowance~) tf theCQ$ts. saiddefendanto the exentof. . . . . . . . . . . . . . . . . .Costsofext:cuticn. . . , . . . . . . . . . . . . . . . . . . .due to him under' theI...terest at ""'" decree of this Court dated theptrcent. . ~ ................

__orderdayof 19 ;otal

You are hereby 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, uatilthe further order of this Court.

.Witness , , <Jhief Jutice at

Bombay aforesaid, this .day of : .19 .

Protb9Rotary and Se.iOI Master.

Sealer. .1he ;day. of ,...~..., I-9..

Advocateor........................

.~ ' t~"al8IYat, pUbQJ'ficec'dUQder: QXXI.lWof tbCiVl

Proc:edur



Attachmentof partner-ship propertyunder OrderXXI,Rule 49of the Codeof CivilProcedure.

No~ 59

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

ORDINARY OJUGlNALCIVlL JUlUIDIOI'lON

SUIT No. OF l' .

..., ,. u ,c.""-,"""~"'~'" u.,.- ._~.~ ~ .-~.- ,..~~. .Pl..AI,N

ve,sus

.~ ..~ .."'M"~'.. :..'HM"' ])EFENDAN

CORAM :

(in Chambers)

Date:

Upon R~adin,g the ('hamber Summons herein dated the .day

. . . . . . . . . . . . . . . . . . . . 19 and the affidavits mentioned in the list "A" hereto AUpon Hearing Advocate for tbe Plaintiff and..............

.Advocate for the Defendant and .Advocate,partnersinthefirmof........................

it is ordered that the interest of .as a partner in t. property and profits of the firm of . . . . . . . . . . . . ~.. . . . .do stand chargv.jjh payment to the Plail1tiff of the amount due under the decree and it is furthordrred that ..be and is hereby appointence ivcr oftbe share of stich partner in the profits of the said firm (whetber accruedeclared or accruing) and of any otter money which may come to him in respeof n'e said parthclship.

(1 his ordcJ:may also direct aCCGuntsto be taken and inquiries to be made aalso order sale of such interest as may seem just and right).

Witness ChiefJustice atBomba

aforesaid, ttis day of 19

By the Court,

Prothonotary and Senior Mast

Sealer

The dayof 19

Advocate for ---LIST "A"



N~ CiO

IN 1HE HIGH COURT OF JUDICATURE AT BOMBAYWarratd oattachmentofNeaotiableInstrumentunder OrdeXXI; RuleSof the Codeof CivilProcedure.

PLA1NnFF;

(}RDINARY ORIGINAL GIVIL JURISDICTION

SUIT No. OF 19

versw

DEFENDANT.

To.


Whereas, the Plaintiff abovenamed has applied for execution of the decd

ree

or er

of this Court dated the . . . . . . . .day of . . . .19 by attachmentof the property specifie~ in the schedule hereto and belonging to the Def.ndantabovenamed ;

Rs. p., 1--

Amount of decree! Iorder incl usive ofcosts.

COits of execution

blterest at........Percent. 1--_1-'-Total

Now tbis is to command you to seize forthwiththe abovenamed property and to safely keep theproperty so seized in your custody, until thefurther order oftNs Gourt Ofuntil the attachmeatis withdra\\on by you in accordance with rules of

tkis (;ourt ;

Andthis isfwtherto commandyouto return thiswarrant onor before the. . . . . . . .dayof. . . . . . . . . . . . . . . . . . . . . .19 withanendorsementcertifying the dateORandthe mannerinwlicb it basbeenexecutedorwby it has Botbeenexecuted.

.Witness , Chief Justice at

Bombay aforesaid, tlsis ..day Gf :... .J9 !

Prothonetar, and,,senior Master.

Sealer

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

Advocate for ... ,.. - , . ... ... ... ... ... ,.. ... ... .., 0-0..



otie8 UDder

Order XXIule 52 ;;C

he Code ofavil

Procod....

....

IN 1'II'EHIGH OOURTOF JUDICATIJR&AT BOMBAY

OlIDlNAllY ORIGINAL CIVIL It1R1SDICl10N'

SUIT No. OF 19. .

'.' PLAIN'rIPW!1'811.f

~ I>EFBNDANT

70.

Amount of decree/'

order, inclusiveof

l

costs.

Cost of execution

Whereas, the Plaiutift' abovenamed has applieP. j for execution of the decree of this Cour

order

dated the .day of .19by attachment under Pule 52 of Order X:"JUothe Code of (,ivil Procedure of the moneys oproperty specified in the sc}o.edulehereto anbelonging to the Defendant abovenamed, but i

-~I-I your hands;

Now, tab notice that under Rule 52 of OrdUI of the said Code )toUare requested to hothe said moneys or propert)t until the furthorder cf this GoUlt.

,Witness Chief Justice a

Bombay aforesaid, tbis : day of 19

R~.

Interest at . . . . . . . .per cent.

Total

Pr.tli...tary aR4 Seaier Maste

Sealer

TIle .-.~......- _clayf-h.'"- - - _19 .

A4YOCilteer, . ... 0<... - ... M.-. ... ... ... ... - - - ..-

&~...



No. .62

IN'THEHIGH.<JOWTOF .n1DDJOKf{JRBATBOMBAY

OIwINAllY O&IGINAL CIVIL JU'lUSDICTION,

SUIT No. OF 19

: : PLAINTlFF;

versus' , DBFIINDANT;

To,

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

WJ:oeteas,he Plaintiff abovenamed has appliea for executiofl of the decre (order),datedthe dayof 19 cbtainedbYbim againsttbeDefendant abovenameaby attachment oftbe decree fot muney passed by tbi$ Courtin &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 19has been attached ,by order ofthis Court, under Order XXI, ~ule 53 (1) (a) of tooCode ofCivi! Prccedure and you are hereby directed to pa) to the Sheriff of Bombaythe sum of Rs.. . . . . . . . . . . . . . . . . . , .in order that the same may be applied in satis-faction 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." ,119 .

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

Notice UDOrder 'DRule\S3j:(a)-and{6the.COdeavirPrOQore.



tiee underrder XXI.uleS3 (1)b) of thede of CivilProcedure.

No. 63

IN THE JUGH OOURTOF JUDIO;\TUREAT BOMBAY


SUIT No. OF 19 .\

PLAnmF..........

..,... , ..~~~;.; DllPmmA... ..., .:.,... : ..., ...:

To.

The Judge,

, Ccurt. ~

Whereas, the-Plaintiff abovenamed has applied for execution of the decree, dathe dayof 19 obtainedbyhimagainstth

Defendant above named by attacrment of the decree for money passed by y(;ourtin St'it No ..., . . .of 19 in favour oftbe abovenamed.. .. ......

and wl'erein the said is ~he Plaintand , is the Defendant;

Now, take notice that you are requested to stay the execution of the said dec. of yourCourt until youreceiveintimation fromthisCourt that this noticeis canceor until the holder of the decree of this Court applies to }OUIGourt to executedecree of your Court.

Dated tbis day of 19, .


Sealer

The day 0( ,..19 .

Advocate for.." u ",.........



No. 64

~UlT No. OF ,19

Nob<.e undeOrder XXIRule 53 (4of the Codof Civil,Procedure.

IN THE mGH COURT OFJUDIOATURE AT BOMBAY,


. . PLAINTIFF;

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

To,

(Nameofthe holder of the decreesoughtto beattached).

Whereas,the(plaintiff) abovenamedhasapplied for executionoftI1edecree,datedtite .day of .19 obtained by him against youit the above suit b) attacJ:omentof the decree, dated the. . . . . . . . . . . . day of. . . . . . . .19 passedin}ovrfavol1rinSuitNo of 19 intheCoUltof ;

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 and Senior Mastt r

Sealer

l'he da} of 19

Advocate for ,..



, W'arc,mtofattachment

ofimmovableproperty

nder OrderXI, Rule 54Qfthe Code

of Civil

Procedure.

No. 65

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

ORDINARY ORIGINAl GIVIL JURISDICTION

SUIT No. OF 19

PLAINTIFF;"""""""""" .

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

To, ,


Wrereas. the Plaintiff above named has applied for execution ofthe decree (ordeof this Gourt, dated,the dayof 19 by attachment oftb

immovable property specified in the ~chedule hereto and belonging to the Defendaabovenamed ;'

Now, this is to command you to cause tomade known and proclaimed in the mana

I . provided in this behalf by the Gode' of Ci~ ~ Procedure that the said Defendant is here

Amount of decree! prohibited from transferring or charging the s

order Inclusive of I propert} by sale, gift or otherwise and tbar"costs. ' persons are hereby prohibited trom IeceivingCost cf execution same tf 0111he said Detenc'ant by purchase, giftinterest a

.

t ,'.."

\

oth~rwise, until furt~er or~

.

cr of this Court

per Cent. - - untIl the attachment IS wIthdrawn by you

Tdial ..' , accordance with tpe rules of this Gourt ;Andtbisisfurther tc command you to return this warrant on orbeforethc........

day of. ~. . . . . . . :. . , . .:°.., . ; . .19 , with an eridcrsement certifyi~g the dateand the mannel in which it has beeD executed or the reason wh'r Itha<; not bexecuted.

.Witness , Chief Justice

Bombay aforesaid, tbis da) of 19

Prothcnotar) and SeniOIMaster.

Scaler

Tbe dayof 19

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



No."

IN THE HIGH OOURT OF JUDJO4.TURE AT:BOMB4.V Warrantsale of mbleproperunder OXXI,RuleQf the, Cof Civil

"", PLAINTIF:F;cedure...................

.ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT No. 19F

versus

: DEFENDANT.

To,


Whereas, by a cecrec passec in Ire above suit onthe dayof., J9 ,it

I\

'-

1

was <>rdeledthat................................

-~~. A'r:d'~h'e:'~~~: .b)' ~. . ~~I:r~~t'~f' . ~tt'~~h~~~t'. .effmovable property, dated t}le. . . . . . . . . .da} of. . . . . . . .19 ,thefollowingmova

bel property was attached, nal11ely,.. . . . . . . . . . . . . . .

iDexecutionof snid decree;

Now this is hereby to command you that 'lOlldo on a day and at a place to be appointed by youfor tIlat purpose and of whic!:> you shall causeproclamation te be made in due form of law sellby public auction the movable property aforesaid01 so much of it as sl'all be necessan to satisfy the

said decree; .

And this is 1urther to command you that YOt'do retain tre moneys to be realisedby suef; sales until the fwthr order of this Ccurt ;

And this is lastly to command Yot' to return this warrant CD01before the. . . . , . . .

day of. . . . . . . . . . . . . . . . . . . . . .19 , with an endcresement certifying the date onaDdthe mannerin which it bas beencxecutec orthe rease]] wry it has net beepexecutcd.

Amount of decree,inclusive of ccsts

Costs of previous I

execution.

Costs of this warrant

interest at the rate cf

" percent'

j

-I-

. Total..

.Witness , Ghef Justice at

Bomba) aforesaid,ttis day of 19 .

Prothonohuy and Senior Mastci.

Sealer

1he dayoL , 19



arrant offor sale

immovableproperty

der OrderXI, Rule 54>{the Codeof CivilProcedure

No, '67

IN THEIDGH COURT OF JUDICATUlf£-AT BOMBA l'


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 Andwheressr

a watrant of attachement of immovarIe property dated the .' .da

Rs.I

p.I

of ]9 the fcIIo\\<ing lands an--- premises were attached, namely,..................

in execution of the said decreey;Now this is hereby to command ..you tbat yodo, on a day and at a place to be appointedyou for that purpose and of which you shall caUproclamation to be made in due fcrm of law, sby public auction all the right, title and interestthe . . . .,. "" . " .in the lands and premisaforesaid or so much thereof as shall be necesary to satisfy the said decree; And this is furthto command you that you ,do retain the moneto be reaiscd by such sale until the further ord

of this Court;

Amount of decreeinclusive of costs

Costs of pr~viousexecution

C)st of tl'is warranInterest at"......per c~nt.

TctalI~;-

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 tmanner in which it has been exeeuted or the reason why it has not been execute

.Witness , Chief Justice

Bombay aforesaid, this : .day of .19

Protronotary and Senior Mas

Sealer

Tbe u da} of u 19



Ne.68

. IN THE IDGH COUft1' OF JUDICATURE A1 BOMBAY Collditioof saleimmovaproperty(Rule 5


SUIT No. OF 19

, PLAINTIFF;

versus

DEFENDANT.

Gonditions of sale of the property described in the notification of sale in SuitNo of 19 .

1. The property shall be put up for sale at a sum to be fixed by the Commissionerat the time of sale, the highest bidder shall be the purchaser and if any disputearises as to the last or higrest bid, the same shaH be put up again at the lastundisputed 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 thebidding paper and all written notices and communicatiom and summonses shaIl bedeemed duly delivered to and served upon the purchaser by being left for him at suchaddress, unless or until he is represented by an Advocate entitled under tl1erules toact 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 theCommissioner; otherwise the property shall forthwith be re-sold. Any deficiency ofprice 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 defaultingpurchaser under an order to be obtained from the Judge in Chambers. lhe Judgemay direct the defaulting purchascr to pay interest at such rate from the date cfdefault 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~ .daysafter 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 stipulationscontained in these conditions; and the purchaser shall, within .days after

the actual delivery of the abstract, deliver at the office oftbe Advocate on recordfor the party having the carriage of proceedings a statement in writing of hisobjections and rcquisitions(if any) to or on n e title as deduced by such abstract andupon the expiration of such last J)1entioncd time (and in this respect time is to bedeemed of the essence of the contract), the tit1c shall be considered as approved ofand 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 Com-missioner the balance of the purchase money together with the amount ofstamp-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:>urther time as may beallowed by the Judge 111Chambers andlfthe saId amounts be not so paid, tbe depositmay if the Judge thinks tit, after defraying the expenses of the sale, be forfeitel to



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 berecoverable from the defaulting purchaser un~er an order tob~obtained from the

Judge in Chambers. The Judge may direct the defaulting purchase!' to pay interestat 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 leaveto 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 themanner aforesaid and on confirmation of the sale by tre Court, the purchaser shall beentitled tc possession of such part of thc property as are in tpe occupancy of themortgagor or the mortgagee and to the rents and profits of such parts as are let asfrom the day of sueDpayment, and shall be entitled to a proper eanveyaDce, whereinall proper parties sball join as the (,ommissionf:r shall direct. Suct conveyanceshall be prepared by and at the expeme of the purc.raser such expen;c to include tbestamp duty registration fee and tbc costs of pelUsing and approving the draftconveyance on behalf of the vendors and all correspondence in reference theretoand the conveyance shall be tendered and left by tbe purchaser at the office of theAdvocate 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 lodgedby 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 thepurchasc! at tb~ expiration of such nirty days to object 011the glOund r-f his nothaving received his conveyance or otherwise to such distribution or payment of thepurchase money as the Court or tre said Commissioner may direct but the purcl'asewithout 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 o£the purchase money and the rents and outgoings shall be apportionedif necessary. The purchaser shall at his own expense take such steps as may benecessary for tre purpose of obtaining possession.

13. 1he production and inspection of all deeds evidence and muniments oftitle 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 orextracts of O!from any registers, deeds, wills or other documents and of all declarat-ions 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 requiringthe same.

14. If any chor or mis-statement shall appear to have teen made in tte particularsor description of tIle prQperty such error or mis-statement (if capable of compensat-ion) shaH not annul the s~le nor entitle thc purchaser to be descharged from hispurchase but a compensatlOl1 shall be made to or b) the purcl'ascr as ttc case maybe 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



C !Iliilitiof sale oimmovablpreperty.cHter th

n~=otiabs~curiti'.:

PLAINTIFF; (Rule 52

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

No. 69



SUIT No. OF 19

Conditions of sale of movable property other than negotiable sccmtics or sharesin any Banking or other Public Company or C'orporation.

Condilion~ of sale of the peopc"ty described ill the notification of sale in SuitNo. of 19 "0

1. No person shal! at any bid~ing offer a less sum than what shall b~ fixed bythe 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 lastor hi:hest bid, the property shall be put up again at the !a.;t undisputed bid andre-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 theproperty shall fo,tbwlth be re-sold. Any defIcIency of pnce whIch may arise ona 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 tobe obtained from tJh; Judge In Chambers. 1he Judge may direct the defaulting

purchaser to pay interest at s~,chrate from the date of default and on such amountas to the Judge may seem Just.

4. Where a mortgagee of the property which is being sold has obtained leave tobid and to set-off his claim against the purchase money and is declared the purchaserthe provisions contained in Rule 546 of the Rules of the Hi!!h Court, Original Sidewitl' regard to a mortgagee purcraser sllall apply.

5. Upon payment oftJ:'e purchase money the pmcbaser shall at his own expensetake sucb steps as may be necessary fOl the purpcse of obtaining delivery of tbeproperty.

6. The Gommissi?~er shall, as soon as possible after the sale proceed to certifythe result. Such certIfIcate shall be fIled by and at the expense oftl'e party bavin!! theccnduct of t}'le proceedings. -

(Add to these such special conditions a~ may be nece~sar».

Dated tbis day of 19 .

uommissioner.



Biddingpaptl,r.ule 540)

No. 70 "

IN TflEHIGlIOOURT OF JODWATtJ'REAT -BOMBAY

ORDINARYORIGINAL CIVIL JURISDICTION

SUIT No. OF 19

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

versus

c...:., ' :.~ DBFENDA

I : whose signature is hereundesubscrib~d bid the amount hereunder mentioned in column two at the sale hein the above'suitonthe day of 19 cf tproperty hereunder mentioned in eolumn I and was declared the purchaser of tsaid property subject to the conditions of sale whicJ:owere read out at the said sa

Short particulars /A;mount?fIA~ou~t I A;~~lI~t - Full name of Add~ss. a

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

. , ~ I

I!

Before me

Commissioner, High Gonrt, Signature of the purchaser.



No. 71

Certificateshowingpersons whave applifor

SUIT No. OF 19. execution, money

' PLAINTIFF;1~~I~e3

IN THE HIGH COURT OF JUDICAT.URE AT BoMBAY


versus

> DEFENDANT.

and

.:. "" ., JUD6EMENT-DEBTVR.

I l1ercbycertify at tlte request of. . . . . . . . . . . . . . . . . . . .Advocatefor. . . . . . . . . . . .,.. , ..,.. .thattbepersonsmentionedin the schedule

heretfi)annexed have ",ithin twelvemonths prior to the. . . . . . . . . . . . . . . . . .day of .. . . . . . . . . . . . . . . . . .19 (beingthe date of the realisation of the assets mentionedill the Sheriff'scertificate dated the. . . . . . . . . . . . . . . .day of. . . .'. . . . . . . . . . . .19 )applied to this Gourt for execution of decree for money against the abovenamedjudJ1llel!lt-de.tor or have been declared entitled to share in such assets, and thatthe ",oulrts set opposite their respective names appear to be payable under such.eeree.

J!l)atedtais. , .day of. .~ 19 .


Sealer

The day of 19Il~

Advocate for """""""""""""",

SCHEDULE\



Notw. to

creditor

No. 72

IN THE HIGH COURT OF JUDICA1UREATBOMBAY


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 tdecreedatedthe dayof 19 in Suit N., 19 against the abovenamed ;

Notice is hereby given to all persons who claim to be entitled to share in suassets under section 73 cf the Code of Civil P16cedure that they attend either

person cr by treir Advocate entitled to practise in this Court before the JudgeGhambersonthe dayof '.19 at 11 O'cloin t1"eforenoon in ~upport of tbJer claims, otherwise ar order for the distlibutioof such aiisets will be made in tl'eir absence.



1.

Sealer

1he day of 19 .

Advocateor....................................



No. 73

IN THE mGH OOURTOF JUDIOATUREAT BOMBAY


Order fopaymoaSheriff(RuleJ~.

SUIT No. OF 19

~ PLAINTIFF.

ve rstlS

DEFENDANT.

Upon Reading the certificate of the Prothonotary and Senior Master, datec:!the., .day of .19 heret<: annexed and marked "A" it isordered that the Sheriff of Bomba" do pay to the PlaintitftI.-e moneys mentionedin his certificate dated the ,..,.........dayof . . . . . . . . . . . . . . . . . . . .J9 or so much thereofas may be sufficientto satisfy

~the decree and Rs for costs of this

Rs.I

F, order after deducting thereout. his poundage and- other incidental charges unless the said mcney

are on er",ise attached in his hands.ecree IAmountof--

order iinclusive of costs..iCos's of pn:viousexecution. ,

Costs of this OrderInterest at........per c~nt.

Total. .

-,-

Datedthis... ......dayof.. -. . . ,- ._1~

Prothonotary an<!Senior Master.

Sealer

1he.. . . . . .... . .. ..day of , _19 !

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



Warrant ofPossessionnder OrderXXI. Rules5 a.nd 36 ~ftile Cede ef

CivilProcedure.

NO. 74

IN 1HB HIGH COU~T Ol<JUDIGATURE AT BOMBAY


SUIT No. OF 19

""""""""""""""""""""""'_'3""""""""" ..PLAINTIFP;

versus

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

To


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

, .Thi~ i~ 'th~~~f:;e' t~ '~~~~~~d' y~~'t~ de'li~~r'~pt~' tb~ ~~icipl~i~ti'tf p'~s~~~~i~'~~so mucJ:oof the said property as is now in the occupancy of tbe Defendant or othe

person bound by the decree and if need be to remove t lie said Defendant or such othperson if he refuses to vacate the same and as to so much thereof as may be in thoccupancy of a tenant or other person entitled to occupy the same and not bound bthe decree to relinquish such occupancy, to make delivery thereof by serving a notiin writing, containing tre substance oftbe said decree, on each occupant, but if thoccupant cannot he found then by affixing a copy ofthis warrant in some conspicuouplace of the said property, and proclaiming to the occupant by beat of drum orsuch other mode as is customary, at some convenient place the substance cf tdecree in regard to the said propel ty ;

And this is further to command you to attacb and sell so mucr of the movab

property eft he said Defe~dant as ma~ be necessary for realising the costs of executiof this warrant as noted In the margIn hereof and the costs of such attacbment asale if any, and to pay the sum so realised to the judgment-creditor or to his Advocaon l:ecord; And tl'is is lastly to command you that you reham this warrant onbefore the day of 19with an endorsement certifying the date on and the manner in which it has beexecuted or the reason why it bas not been executed.

Witness , , Chief Justice at Bomb

aforesaid,this day of 19

Prothonotary and Senior Mast

Sealer

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



No. 7S

IN HIS HIGH COURT OJ;<JUDICA1URBAT BOMBAY

SUITNo. OF 19

Warrantpossessionunder OrdXXI. Rule9S and '6the Code oCivilProceduro

ORDINARY ORIGINAL CIVIL JURISDIcrIO~

""""""""""""""""""""""""""" 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 annexedwas sold by and a certificate in respectthereof has been granted under Order 21, Rule 94 of the Code of Civil PJocedureto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. the'purchaser thereof; and whereas lot No.. . . . .. .. .. . . . . . . . . . : . . . . . . . . . . . .is in theoccupancy of (the judgment-debtor or some person on 11isbehalf or of some personclaimi ng under a ti tie created by the said judgment-debtor subsequently to tlte attach-ment of such property, as the case may be); and whereas, lot No.. .is

in the occupancy of who is entitled to occupythe same;

1his is therefore to command you to put the said purchaser or any person he mayappoint 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 refuseto vacate the same, and of so much of the said property as is in the occupancy of anyperson 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 IIIsuch other mode as may be customary, at some convenientplace near the said ~roperty, that the in!e~est of the said judgment-debtor has beentransferred to the saId purchaser and thIs ISlastly to command yOUthat you returnthiswarrantonorbefore dayof ' 19 , with anendorsement certifying the date on and the manner in wl:>icht has been executed orthe reason why it has not been executed.

Witness , Ghief Justice at Bombayaforesaid, this day of..., ; 19


Sealer

The dayof 19

~dvccate forH. . . . . . . . . . ...n -. ...no... ...-.--



Ceaunis -,loner's

mmons tojudgment-debtor for

settling

of sale.ule 579).

No. 76

IN, THE HIGH COURT OF JUDI0A.TURE AT BOMBAY


SUIT No. Of 19 .

" ~.: PLAINTIF

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 followinpropelty at the instance of "

(Description of property)You are hereby required under the provisions of Rule 66 of Order XXI of th

Gode of GiviI Procedure to attend at my office upon the. . . . . . . .day cf. . . . . . . .

19 at o'clockinthe noon and to bring wiyou and produce at the time and place aforesaid all title-deeds and dacumentsiyour possession or power lelating to the said property.

Datedtfis daycf 19 .Ccromissioner.



otice toperSODShavingaims onattachedproperty.

No. i7

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


. SUIT No. OF 19 .

"""""""""""""""~;r~~~""""""""" PLAINTIFF,

': DEFENDANT.

Whereas in pursuance of a war.rant cf sale~. dated the. . . . . . . . . . . . . . . . . . . .dayof. . . . . . . . . . . . . . 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 chargecr 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 beforethe day of 19 ,lodge in my ofilce a statementverified 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 AT BOMBAY

ORDI~ARY ORIGINAL CIVIL JURISDlCTlOt-T

SUITNo. OF 19 .

""""""""""""""""""""""""""" PLAINTIFF;versus

""""""""" , DEFENDANT.

Whereas by a decree made in the above suit it was ordered that. . . . . . . . . . . . . . . .

.. .. .. .. .. .. .. And whereas by a warrant of sale dated the. .. .. .. .. . .. .. .. dayof , .19 ,the SherifJ"of Bombay wasdirectedto selltherigbt,titleanc 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 anestate or a part of an e"tate paying revenue tc Government).

Now it is hereby proclaimed and notified that on the. . . . . . . . . . . . . . . . . . . . . .dayof 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 benecessary 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 acCeptanceof the highest bid when the price offered appears so clearly inadequate as to makeit advisable to decline acceptance.

The following is a list of the riglts, interests, charges and claims to which tbesaid 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-ateverinany lot to be sold in accordance with this rrcclamation, any sum paid by tre pur-chaser by way cffuH or part payment for the same "ill be repayable to the purchaser.

The above-mentioned .execution creditor has (or has notasthe casemaybe)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 moneyto 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 amountof stamp-duty payable on the sale certificate to be issued by the Court shaH be paidby 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-dutywrthm such penod, the deposIt may, If the Court thmks fit, after defraying the ex-penses of the sale, be forfeited to Government and tbe property shalLbe resold andthe defaulting purchaser shan forfeit an claim to the property or to any part cfthe 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 tothe oftice cf the Sheriff.

Datedtl:is da} of 19

Slieritrsprodamof sale.(Rule Sa



toguardians

(Rule 357).

No. 79

INSTRUCTIONS FOR THE GUlDAN<JE OF GUARDIANSAND 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:-allnot make allYprofit for yourselfouf 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.eertyof the mioner/lunatic as careflllly as a man

of ordinary prudence would dealwith it if it were his own. If youfail to do so, youare 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 norshallyou lease anypart 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 of21 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 ceremoniesto which the minorjlunatic or any of those persons,maybe a party, you may applysuch portion of the income of the property or the minor/lunatic as the Court fremtimetotime directs,and, if the Court sodirects,thewhole01anypart oftI-at property.

5. You shall submit an inventory of all the minor's/lunatic's property and debts\\'it1:>inixmonths from the date cf the order of appointment.

6. You shall file accounts in the officeofthe Commissioner of this HonourableGourt for Taking Accounts within three months from the expiry of a year fromthe date of your appointment and thereafter within three mon~hsfrom the expiryof each subsequent year.

7. You shall get your accounts passed by the Gommissionerof this Honourable00urt for Taking Accounts.

8. Your powers as a guardian or manager cease when the minor completeshis 21st yeal cr whenthe lunatic is declared by the Court to be sane,

9. If you desire to resign your.officebefore the minor attains majority or beforethe lunatic is declared by the Court to be sane, you must apply to the Court to bedischarged.

10. Until you are discharged by the Gourt your responsibilities continue.

11. you are bound by the provisions oftbe Guardians and Wards Act (VIII of1890) 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 chargedwith the custody of the minor/lunatic and must look to his maintenance, healthand education.

14. You shall not make any arrange~ent for the betrothal or marriage. of theminor/lunatic without the express sanctIOnof the Court.

15 You shall not incur any expenditure for the betrothal or marriage of themin~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, debenturesstock 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 withoutthe Gourt's permission;

(4) To obtain the Court's permission fm improvements and fOl repails, otherthan ordinary, to any property of the minor/lunatic in your charge;

18. YousbaHintbeevent of the dean- of anycfyour suretiesimmediatelyinformthe Court ofthe fact and shallfurnish another suretywithinone month of the deathor such further time as the Court may grant.



Bond byGuardian.(Rule 363).

No. 80

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 aBomba), and his successor or successors in Office and his ot their assigns in the sumof Rs .to be paid to the said.. ...,. .. .Prothonotary and SenioMaster, and his successor or successcrs in offie<>nd his or their assigns, as the casmay be, for which payment to be well and truly made we bind ourselves and eacand 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-ereasby an order, dated the .day of .. .1' anmade in tl'e matter of the Guardian and WardsAct, 1890, the Indian LunacyAct1912,and in the matter of , it was ordered among othetNngs . . . . . . . . . . . . . . . . . . . . . . . . . . . .(here set out so much of the order as relatesto th~ appointment cfthe guardian and the giving oftbe bond), anC'whereas tbe said

-If without,ProHOn?tal y and Senior Master bas app~oved.(of the above bounden..........suretiesthe as suretIes for tbe saId" ) and has alsoportion 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?:o order: NOW THB (,ONDITION ofthe above bond is such that if the said. . . . ..e 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 passhis accounts before the Commissioner for Taking Accounts of this Hon'ble (;QUI

in accordance with the rules and regulations of this Hon'ble (;ourt and shall discharsebis duty as such guardian as aforesaid in all things according to the terms and COD-tions, true intent and meaning of the said Order, then the above written bond shall beyoid and of nc effect, but otherwise the same shall rea.min in fuU foree and elkd.



; No..81

m THE mGH OOVRT OF JUDIOATURE AT BOMBAYReceiveAccoun(Rule 5

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 periodfromthe..." dayof. . .. . .. . . .Is. to the.. . . . . . . .. ..dayef .19

I Balance

j Rs. I p.

»ate Particulars of receipts andPayments

Receipts Payments Cr.orDr.

Rs. I p.

rI

I

Rs. I p.

Datccl tJUI day fJC 19

Receiv-er



No. 8Z

IN THEHIGH OOURT6F JUDlaATURE A'EBOMBAY

ORDINARY ORIGINAL (;IVIL JURISDICTION

Land Acquisition Reference No""""""""" of 19 .

Case No..................., ~

In the matter of the Land Acquisition Act, 1894.

Gause in the matter of':"""

(a) Inserthere tho

name of theCollector asdefined insection 3(c)of the LandAcquisitionAct, 1894

(a) .'............

and

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

OLAIMANTS.

To

(b) Insert (b) ....................................................................here the

nameof theCollector,but in areference

reJatingtoapportion-

menton1Jthe'noticeshall not bedirectedto

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

and

..., , '...........OLAIMANTS.

.the said land being described as follows :-

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0

.

\

And whereas on the.. .. .. . .. . .. . .day of.. . . . .. . ..19 the (a)... ... .. ..made his award under section 11 of the Land

AcquisitionAct, 1894,inrespectof the said landand whereasthe abovenamed......00. . . . . . . . . . . . . . . . . . . . . .has not accepted the said award and has requested bythe letter of his AdvocateMr , dated the

dayof 19 that the matter be referred undersection 18ot the said Act for the decision of this Gourt on the grounds set forth inthe said letter of his Advocate Mr .and thematter has accordingly been so referred;

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



of the said .(c). (and you, the claimants, are hereby; (c) In .

directed to furnish to the 00Ilector above named all your instances, rent, statements, ~encere1valuations, plan s or any otherfacts on which you relywithin 14 days from the service ~e:f~~of this notice on you and you, the Gollector, are hereby directed within fourteen this paradays after the claimants have complied with the above requisition to furnish to the graph wiclaimants 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 toprodace such e"idence a~ you intend to rely upon in tl'e matter.



Sealer

TheM dayof 19 .f .

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

..



Notice undersection30 of theLand

AcquisitionAct, 1894(Rule 652).

Case No...............................

In the matter of the Land Acquisition Act, 1894.Cause in the matter of

No. &1

IN TH£ HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORlGI~AL CIVIL JURISDICTION

Land Acquisition Reference.No.. . . . . . .. .. . . . . . . .. . . . . . . . . . . . . .. . ..r l'

(4) Inserthere the

.ame of theCollector asdefined in

section 3(c)of the LandAcquisitionAct, 1894. To

(b) Insert (b)the nameaef the partieaint.rested.

(a) """"""""';""""""~~d"""""""""'"..............

(b) ""~~~~~'a~t'i'.

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

. OIaima.iI.

Whereas by notification published in the Maharashtra Government G(D/ette tJthe dayof 19 ,PartI,atpages itwaiideclared 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 dayof 19 .

(e)lnsort (c) ,.................................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 theCodlef~tedr ~s persons to whom the same or any part thereof is payable;In In

scctlon3(c) .h'r. .

11 h d fofthe land Now 1 ake NotIce that t IS,-,ourt WI on t e ay 0 "....Acquisition19 . at 11O'clockin the forenoonproceedto determinethe said referenceand youAct, 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 producesuch evidence as you intend to rely upon in tJ:oematter.

Datedthis ...OOyof 0.. 19

ProthoDOtary and Senior Master.

Sealer

TJie " day of~.u o..~ 19

Advocateor ." ...- ......- - - -



No. 84

IN THE HIGH COURT OP JdDICA TURE AT BOMBAY


SUITNo. \ OF 19

Special Gase

In ,the matter of the Arbitration Act, 1940And

In the matter of an arbitration agreem~ntdated the day of 19 .

Between

A. B. (name, description and place of resi-dence).

And

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

dence).or

In the matter of Suit No.. . . . . . . . . .of 19

(TITLEOF THE SUIT)

The following special case is stated for the opinion of the Gourt ;-

(StateUtefacts conciselyin numberedparagraphs)

The questionsof lawfor the opinion of the Court are:-

(1) Whether ' ,..........(2) Wbetl-er ,...................................................


Arbitrator.

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

SpecialCasSeCtion13(b) of theArbitratio1Act, 1940(Rule 780).



otice une1e1'

the Indianivorce Actto appearand answer(Rule 809)

No. 85

IN THE HIGH GOURT OF JUDICATURE AT BOMBAY

MATRIMONIAL J l1RISDICTION

SUIT No. OF 19

In tre matter of the Indian Divorce Act, 1869

PETITIONER;

versus REsPONDENT.::::.: .

To

Whereas the petitioner abovenamed has instituted a suit against you, as setin 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

person or a vakalatnama within fourteen days from the service of this notice upyou and to file your answer to the charges in the petition within fourteen da}s affiling yopr appearance in person cr a vakalatnama ;

And whereas this su~twill be placed on board for hearing the final disposal on tdayof 19 ;

You are hereb) required to appear in this Court on the. ... . . . . . . ..,. ... .day. . . . . . . . . . . . . . . . . . . .19 at 11 O'clock in the forenoon either in person oran Advocate entitled to practise in this Gourt and able to answer allma-terial questiorelating to the suit or who shall be accompanied by some other person able to answ

all such questions; .

And take notice that in default of your appearance either in person or byAdvocate on the day before mentioned, tre suit will be heard and determinedyour absence.

Witness Chief Justice at Bombaforesaid,this dayof 19 4i!


Sealer

The dayof.: 19

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



No. 86

IN TH£ HIGH COURT OF JUDIGATU~B AT BOMBAY

MATRIMONIAL JURISDICTION

Notice teapply fefleave toiRtervene(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 ftOticeupon 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\epetiti<Jn

herein and that ift default c.f your'so dcing, the Court will proceed to kear tile saidcharges 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............................



tice underction 21 ofe Charter-Account-tants Act,

1949

(Rule 866)

No. 87

IN TIlE KlOO COURT OF JUDICATURE AT BOMB4.Y

REFERENCENo. 19 ,.F

(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 CharteredAccountants of India.

To- .

(1) .., ,.",...,.,., Member of the Imtitute of Chartered Accovntlintsof 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 fileintbisCourtits finding dated the.., , dayof 19in the above reference;

Now take notice that t1:>ceference will be placed for hearing before a fiivisiolJBench of this Court onthe,., ,...day of..., 19 a11 O'clock in tbe fai'cnaon, when you are required to appear either in person or ban Advocate entitled to practise in tbis Court; .

And take further notice that in default of.your appearance either in person er ban 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 .Advocateor..................................



No. 88

IN THE HIGH COURT OF JUDICATURE AT BOMB4.V

ApPEAL No. OF 19

(Under the Chartered Accountants Act, 1949)

In the matter cf the Cbartered Accountants

Act, 1949 (Act No. XXXVIII of 1949)

andIntbematterof..............................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 theorderdatedthe dayof 19 oftheC:ounci1ofthe Institute of Chartered Accountants of India;

You are required forward to the Prothonotary and Senior Master, witbin twoweeks 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- ,

Now take notice that tbe appeal will be placed for hearing before a Division Benchof tbis Court on the.. .. .. . ; .. . .day of.. . . . .. . . . .. .. . . .. 19 at 11 0' clockin the forenoon, when you are required to appear either in pel son or by an Advocateentitled to practise in tbis Court;

'And take farther notice that in default of your appearance either in person or byan Advocate the appeal will be heard and determined in your absence.



Sealer

The day of~ 19 .Advocate for n ... - ...--.- - ...'"-

Note unde~ctj0n 22A(J) of tCharteredAccountanAct, 1949(Rule 866)



ice ulldersecrti8R22-, (2) ef theChartered

Act, 1949ule 8").

No. 89

IN TIm HIGH e9URT OF nJDICATUtlE AT BOMBAY

REVJSION ApPLICATION No. OF 19

(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) Member of the Institute ofChartered' Accountants cof India.

(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 applicationagainst the order dated the ; day of 19 othe (,O1'UCi!of the Institute of Ghartered Accountants ofIndia ;

0) This para (0)o 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 Courtt:e ~ouncil (Original ~ide) and the extra copies referred to in sub-rule (3) of the said 1ule ; and

of theInstituteof CharteredAccountants.of India.

Now take notice that the revision application will be placed for bearing befora Division Bench of this Court onthe .dayof .19at 11 O'clock in the forenoon, when you are required to appear either in person oby an Advocate entitled to practise in this court;

And take further notice that in default of your appearance either in person 01 byan Adv()cate, tl>e applicatiQD will be heard and determined in your absence.

Dated this.. . . . .. . . . . ..day of . .. ... .19

Prothonotary and Senior Master\

Sealer

The "..day of ,."...19



No. 90

IN Tm HIGHCOURTOF JUDICATUREAT BOMBAY

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTION.

ApPEAL No.

SUIT No.

19

19

OF

OF

ApPELLANT;

(Original Plaintiff cr Defendant).'versus

RESPONDENT.

Insert name (Original Defendant or Plaintiff).

Theappel1ant abovenamed appeals ag~inst the (decree or order) of theHonourable Mr. Justice..................................................in the abovesuitpassedontbe dayof 19,onthefc1lowing amongst other grounds:-

First- That (here state grounds of appeal).

Memeral'l-dum ofAppealunder OrdXLI. Rule1 of theCode ofCivilProcedure(Rule 877)



No. 91 .

IN THE IDGH COURTOF JUDICATUREAT BOMBAY

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTION

ApPEAL No.

SUIT No.

OF

OF

J9 .

19 .

...........

"""""""""}:e'r~~;"""""""""""" ApPELLANT;. 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 inthe above suit on the. . . . . . . . . . . .day of. . . . . . . .19 and that this Court basfixed t)1e. . .. . . . . . . . .. .day of. . . . . . .. .. .. .. ..19 for the hearing of tlJe saidappeal.

If you have any objection to take to the said decree which you could have takenthereto by way of appeal, you must me the same in this omce within OI/.emonth fromthe service upon you of this notice, and if you do not appear in the. Appellate Courton 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 .

Prothonotary andSenior Master.Sealer

The day of 19 .

Advocat~f(),.~., ,...~...,

Notice underOrder XLI,Rule 14 ofthe Code ofCivilProcedure.



\ No. 92

securitybond underorder XLI.Rule S of the

Code of .Civil

Procedure.

IN THE mGH <JOURTOF JUDIOATURE AT BOMB4.Y

IN ApPEAl: FROM ITS ORIGINAl. (,IVIL JURISDICTION

ApPEAL No. OF 19

SUIT No. OF 19 .ApPELLAN

~;;;~s.., RESPONDEN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .

Knowallmenbjtbesepresentsthatwe, ....................................and . . . . . . . . . . . . . . . . . . . . . . . .are held and firmly bound jointly and severally to .... . . . . . . . . . . . . . . . . . ; . . . . . . . Prothonotary and SeniorMaster oftbe High(,ourfJudicature at Bombay, and his successor or successors in officeand his or their assiginthesumofRupees: tobepaidtothesaid......................Prothonotar) and Senicr Master and his succe~sor or successcrs in office and hoJ' their assi£ns as tbe case may be, for which payment to be wcll and truly made wdo bind ourselves and each and everyone ofus jointly and severally and our respecti

heirs, executors, administrators firmly by these presents, which are sealed hereundwith our ~eals.

Datedthis da)of I9.

Whereas, the abovenamed has appealagainst the .decree/order passed in the abovementioned sui

. Now the condition of tllis obligation is such that if the above bounded do ashall d~IYperform and obey the decree or order wlJich shall be passed by this Gouupen the said appeal t}1enthis obligation shall be void and of no effect, but otherwithe 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

ApPEAL Nc OF 19 .19 .

Petitionfor grant(tf acertificatefor appeato theSupremeCourt(Rule 910

IN ApPEAL FROM ITS ORIGINAL CIVIL JURISDICTON

SUIT No. OF

ApPBLLANI'.

(Original Plaintiff/DefendaIlt)

versus

RESPONDENT.

(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 inthe High Court at BO1:nbaywho prayed (here set Ollt concise statement and giveamount 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 ilirnselfaggrieved ty the said decleeJor Order) filed a Memcrandum of Appeal against thesame 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) isdesirous of appealIng to the Supreme Court of India from the same on the groundsfollowing (here state the grounds and number them consecutively).

6. 1 bat the case involves a substaittial question of law as to the interpretation ofthe 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 SupremeCourt).

7. That your petitioner is ready and ~iIIing to ~omply with the rules and ordersas 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 setout in paragraph (6); and

(b) to transmit. to the ~upreme Court of ~ndia th~ original recor~ of the suitand of the appeal IDthe High GOUTt,so far as ISmaterIal to the question in disputein the appeal to the Supreme Court./



Notice ofapplication

for certi-ficate for an:appeal to the

SupremeCourt

(Rule 913).

No. 94

IN THE HIGH OOURT OF JUDIOATURE AT BOMB",Y

IN ApPEAL FROM ITS ORIGINAL (;IVIL JURISDICTION

ApPEAL No. OB 19

SUIT No. OF 19

ApPELLANT

(Original Plaintiff/Defendant)

versus

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

(Original DefendairtjPlairtti1f).

To

(Fill in Ilame of the opposite party)

,Take notice that onthe dayof l' th. . . . . . . . . . . . . . . . . . . . . . . . . . . . abovenamed presented apetition to this (Jourt for thgrant 01 certificate for the purpose of an appeal to the Supreme Court of IRdia fromthe 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 thselvice of this notice upon you showing cause, if any you have, why a certificateshould 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 tbAppellateCourtonfhe day of 19 at lla.min the forenoon, when you. are required to appear.

Dated this : day of 19 .

Prothonotar y and Senior Maste

Sealerj

The dayof : 19 .Advocateor..................

"



No.'9S;'"

IN THE HIG,RCOURT OF JUDICATURE Af BOMB4.~

- I~ ~PPBAL, FROM ITS ORIGINAL CIVIL JURISDICTION

ApPEAL No.

SUIT No.

. 01' ]9

OF 19

GoRAM :

DATED :

, ApPBLLANT..,..,..., , .

(Original Plai nti1f/Deftfndant),

versus

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

, (OIiginatDefendan~trlaintii).

UpeR,R.eadingthe petition of, ,.,:.,..,.,,: :,.., ,.

tae appeUant/respondent abovename,d fikd on the, ,:,.",'. , . ..day of.,.,.,..,."...", , .19 , praYll1gfo~.thew:antra c~rtlflcate(9Cbe purpqieGf appealing t-othe Supreme (;oo.rt of IQdla agall1st the decn:e/ocder of this Gourt<iated the day of ;.. ..19 , aflj,ming/setting asidetkeorigil1.aIdecree/order date?the,."."., ".. .dayof..,., ,..., .19 ,.r )the Honourable ~r. Jus!lce. . '.. .. . . . . . . . . '. . .. . . . . .And ~pon Reading theal1davits (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 ?~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 Highc.ourt so far as ismaterial 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 ofthe Supreme c.ourt <;>fInd!a:And, This ~ourt doth furth:f order that the Costsof boththe parties of the saId petItIon and of thIs order be costs 1Dthe appeal to the SupremeCourt.

Witness , , " ,.., Ghief Justice atBombay aforesaid. this , day of , I. ] 9 .


Sealer

The dayof 19.

enter grantingC.ertificatefor I,appealto the SupremeGourt \ >:

drawn on the applicationof JAdvoeate for , ~ :.............

LIST "A"

A.1498-34 .

.. ,Ordet

£:~CIIIJ'~ulC8te

for Appeal~q tIac

s.Prom-CMtrf.'



Norice of

lodpeiltofpetitiOrl . i1f

appeal ilt the.lIl~mfY of

the Supreftll:, Court

(Rule 915),

No. 9ft

IN THE SUPREME COURT OF INDIA

Arpl!.\L No. OF 19 .FRQM 1HE D€CISIONOF 1HF.. HIGH COURT AT 1JOMBAY

. IN ApPEAL No, OF 19

" ' '., ApPELLANTI/Il:S.c.;,..., .versus

. ,., ': RESPONDENTN S. C,'."" ',"""""

To

,,' , (Here inseit name of tl-e Respondent), .

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

. petition is forwarded herewith to you. ,Datedthis , dayof , 19

Prothonotary and S;:nior Master.

S:--alcr

Th:: , dayof.;., ,., 19 .



TESTAMENTARY AND INTESTATE JURISDICTION

NO. 97Petition fo

pro~afe Qa wIJt1 .

(Rule 374

IN THE HIGH (,OtJRT OF JUDKA TO~ AT BOMBAY

TEsTAMENTARY AND INTESTATE JURISDICTION

..' . """"

OF 19 . (cr) lrisen

Dame' hiPetition for probate of the will of(a}plaee ofresidellce

D.

d. and""""""""""" (',ccasc.t.

. oe<:upa le. . rt dee_

""""""",,""""""""""".. Petitioner. waf abacheJorspinstertbat shoube stated.

PETITIONNo.

THE PETITION OF THE PETI1IONER ABOVBNAMED

TO THE HON'BLE TRG CHIEF JUSTICE AND JUDG£S OP THE HI6H

COURT

SHBWETH:- ,

(1) That the abovenamed died at..................on or about the..,',' day of 19 .

(2) That the said deceased at the time of his death had a fixed place of abodeat .and/or left property within Greater Bombay andin 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 ishandr-d in <;eparatelyfor b~ingfikd and kept in a safe place in the office ofth Protho-notary and Senior Master. A copy of the said ",ill isheretoannexedandalsomarkedExhibit "A".

(4) That the said will was duly executed at , . .onthe ,... ...,dayof. . . , . . . , , . . . , . . , , , . . 19 . - '\

(5) That the petitioner is the executor or one of the executors named in 01e sOlidwill 0:-t):leexecutor according to the tenor t1>ereof.

(6) That the petitioner has truly set forth in schedule No.1, hereto annexed andmarked 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 andmarked Exhibit u(,", all the items that by law he is allowed to deduct for the purposeof ascertaining the net estate cf t1-e deceased.

(8) That the petitioner has truly set fortb in Schedule No. III, hereto annf'x('dand marked ExHbit "D", the property held by the deceased as trustee fqr anotheraqd 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 thedate of the death ('ftbe deceased and increased value oftI:-e aS~f'tssince the said dateare ofthe value of As.. .. . .. . . . . .. . . . ....



(b) State (10) That the said deceased lrfthim surviving a~ his only heirs and next-of-kinwhat 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 Higl1Gourt for probate of any will oftbe saicl deceased or for lettersCourt. DYof administJ ati°!l' with Or",ithout the ~iH annexed ~o his property and credits (C).t person

aDdwhatprocediass

Ilavebeen, taken.

, (4) or The petitioner prays that probate may be granted to him having effect throughou

)it;~e~c~~ the St~te 'of Maharashtra (D). ,

, , I, thepetitionerabovenamedd~

:\wear in the name of God' . . .

I ]:ffi thatwhatlsstatedlnparagraphs lSoemnya , rm

true to my ewn knowledge and that what is stated in the remaining paragraphs i

stated on information and belief andlbelieve the same to be true.'

,

~~n. 1'Solemnlyafflrmed at ~this dayof 19...1

Beforeme,

Assistant Master/Associate,High Court, Bombay.

Advocatefor :...............

)'

\



No. 98

IN THE HIGH (,OURT OP JUDI(,ATURE AT BOMBAY Scbectu

.. TESTAMENTARY AND INTEsTATE JURlsDlcnbN ~~~re

PEnnoNNo. .. OF 19 . t:::1i4Petition for (Title as in the PetitioJJ 375a..'3

Deceased.' Petitioner.

ScBm>ULI!No. I

Schedule of Property

Valuation ofthe movable and immovable propert} of the deceased.

. ..(;asl1in the house aad at the banks, household goods, wearing apparel,books, plate, jewels, etc.-

(State estimatedJyalue according to tJ'lebest of e~ecutor's or a<Uni~i.strator's belief).

GovernmentSecurities- I .

(State descriptionand value at tbe time ofmaking the application;also the interest separately, calculating it upto the time ofmaking the application).

Immovable property consisting of-

(State description giving, in tile case of houses, the assessedvalue,if any; and the ilumber of years' assessment the market value isestimated at, and, in case of land, the area, the market value andall ren~sthat haveaccrued).

Leaseholdproperty-.: (If the deceased held any leases for years determinable, state the

number of years' purchase, the profit rents estimated to be worthand tbe value of such, imerting separately arrears due at the dateof 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 appli-cation; also.the dividend separatd) calculating it upto the time ofmaking tre application). .

PolicY'of Insurance upon life, moDtOYut on mortgage and other securi-ties, .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

P.

------

------

------



No. 99

Schedule ofdebts of thedeceased etc.(Rules 374,

,37S'and376).

IN THE HIGH COURT OF JUDICATURE AT FOMBA Y

TFSTAMENTARY AND INTESTATE JURISDICTION

PETITIONNo. OF 19

(petitionfor Title as in tl-e Petition)

Deccased.

' ' : Petitioner.

ScHEDULE No. ~I

Schedule of Debts, etc.

Rs. P.

Amount of debts due and owing from the deceased, payable by lawO\1toftl1e. estate (a)

Amount of Funeral expenses.Amount of mortgage incumbrances.Other property not subject to duty.

Total. .

Petitioner.

(a) Full particulars of debts with names of creditors and dates of debts must begiven.

-----



Seneeuteof trustproperty

held by tlletleceased.

(Rules 374,and 376).

No. 100, -

IN THE HIGH COURT OF JUDIGA TURE AT BOMBAY"


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 generalPower to confer a beneficial interest.

Total. .

Petitioner



NO .101

IN 1~ HIGH COURTO~ JUDIC,ATURE AT BOMBAY

.."..""."."."""."" " "'..""'...'" Pe:titioner.

E](ticuto'C'~Oath. '" ",

(RI1Ie> 374

(.) Inscl'game h~fplaco of r

Petition for probate of the will of (a) dence a~doccupatIon

If deceuedDeceased. wasabac-helor or snster thatshould bestatN.

I .: - -. swearin the nameof God ., ' do solemnly affirm -that Ibeheve


PETITION No. ~ OF 19

that th~ will referred to in the petition herein and marked Exhibit "An is the lastWill and testament of .deceased, and that I am the ~xecutortherein 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 concerainghis will by paying his debts and then the legacies the'ein bequeathed Sofar as the saidass~ts will l"xtend, and that I will make and exhibit a full and true inventory of thesaid property and creditsin this Hon'ble Court 'within six months from the date ofthe 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 thisHon'bIe GOllft within one year from the same date or within sech further time asthe said Gourt may from timetc time appoint. .

s1\oorn

solemnly affirmedat.. .. ....

this ,...r!ayof 19

Before me; .

Assistant Master/Associate,

High Court, Bombay.

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



Aftidavitof ,

the attestingwitaess.

«<.ules374aDd 375).

No. 102

INTHEHIGH'COURT OF JUDICATURE AT BOMBAY

'ThsTAMBNTARY MD INTBsTATB JURISDICI'ION

PETITIONNo. ' OF 19 .Petition for probate of the last Will andtestament of

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

swear in the name of GodI, .do ---, and say as

solemnly afiirmfollows:

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

(2) That on the.. . ; . . . . .. . . .. . .da)' of. . . . . . . . . . . .19 I waspresent togetb.er

with.. .. .. .. . . .. .. .. .. .. at the house of and we didthen and there see the said deceased set and subscribe his name at f00t of the testa-meatary paper in tae .langliage and character, whicH is referredto ill the petition herein and marked Exhibit .. A ", and declare and publish' the sameas his last Will and testament. I

(3) That thereupon I, this depone.t nd th~ said. . . . . . . . . . . .did at the reql1lcstof the said deceased and in his preS6J1.ceand ia the presence of each other all beingpreseat at the same time set and subscribe our respective names and signatures atfeet efthe said testamentary paper as witnesses thereto.

«4) T.ltat the name aDd si:natare. . . . . . . . . . . . . . . . . . . .subscriBed at the footoft.be testamentary paper as oftl'e party executing the same is in the proper hand-

writiug of the said deceased and the Dame, signature and additions". . . . . . . . . : . . . .. . . . . . . . . . . . . . . . "also sub':>cribedand written at foot of the said testamentarypaper as of the parties attesting execution of the same are iu the proper respectivehaudwritiDgs of the said and of me this depollent.respectively.

(5) Tkat at the tiJP,e the said deceased so subscribed his Dame and siguature totJae said will as aforesaid, .he was of sound and disposiag mind,memory and understanding and to the best of my beliefmade and published the nameof his free wi.1land pleasure.

Sworn

at .solemnlyaffirmed

this ; dayof 19Beforeme,

I

Assistant Master IAssociate.

Advocateor : ,........ .. ...

Note.-If the testator makes amarkor sips in a languageother than the Willis

writteBiB,the a1lidavitshould state wi en er the Will was read over andexplaiaed to him, aBdifthere are any scoriags, alterations or insertionsit shouldbestatedwhetbertheyexistedat thetimeoftileexecutionof the Will.



No. 163

IN THB HIGH <-O~T.OF,JUDI('Ar1URE ATBOMBAY ,

'fEsTAMENTAllYANDINlESTA1EJURlSDIcnO~' '

'PEtlTJON ]fo., ; OF 19'.

, Petition forLetters ofAdministra-tion,(Rule 376).

Petition for Letters cf Administration to' (0) Insertthe prooerty and credits' of (a} . nal

me in full,'\ ",' ,paceof

Deeeased. . residenceand

occupation.If thedeceasedwasbachelor,or spinsterthat should

TO be stated.

1HE HONOURABL£ J'HE CHIEF roSTKE AND JUDJES OF 1H£ HIGHc.OUR1

SHEWETH

(1) Thattheabovenamed ~ diedat....................onorabouttbe dayof 19.

(2) That the said deceased at tbe time of his death bad a fixed place of abodeat. . . . . . . . . . . . . . .. . . . . . . . .and/or left property witbin Greater Bomba~ and in theState of Matarashtra-and elsewhere in India.

(3) That the said d~ceased died intestate and that due and diligent search hasbeen !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) Stfteaccordingto(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~nsh

(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 ofor entitled tc at the time of his dean"~",bich have or are likely to come to the peti-tioner's hands.

(7) TJ-at the petitioner has truly set forth in Schedule No. II, l>ereto annexed andmarked Exhibit" B" aUthe items that by la", he is aUowed to d~duct fcrthe purposeof ascertaining the net estate oftbe deceased. ,

(8) That, the petitioner has truly set forth in Scl'edule No. III, hereto annexedand marked Exhibit" C' the propert~ l'eld b) the deceased as a trustee for anotherand 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 tbedate of the death of the deceased and increased value ofthe assets since the saiddate are of the value of .Rs ~...............

(10) Ttat no application has been made to any District (,ourt or Di~trict Delegat e (d)dOr ifor to al1YHigh (,ourt for Probate of any Will ofne said deceased or (or letters of :awi;aSttatead~inistration ",itb or without the Will annexed to his property and credits (d.) Court, by

what personand whatproceedingshaae 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.

~... .Pctition~r.

THe PETITION OF THE PETITIONER ABOVENAMED



I, ~ ,., the petitioner abovenamed, do

swear in tre name of God. .. .:., .-~ n1 ffi .that what IS stated ml1aragraphs ..Olem: y a rm f

is true to my own knowledgeand that what is stated in the remaining paragraphsis stated on informatiO'nand belief and I believethe sameto betrue.

Sworn

Solemnlyaffirmed at ,.......

This day of .19

'Before me,

Assistant Master/Associate,

High (;ourt. Bombay.

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

"



No. 104

IN THB HIGH GOURT, OF JUDICATURE AT BOMBAY

TEsTAMENTARY AND INTBSTATB JURISDICTION

Administtor'a Oath(Rule 37'

PETITIONNo. OP 19 .

Petition for letters of administration

to the property and ,credits of(a)

(.) In~ertaame In fDeceased. place of

resideDCeaoccupationIf deceasedwas a

. bachelor oswear in the name of God spiaster tk

solemnly affirm sltould bestateci.

that I believe that deceased diedwithout leavinga Willand 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;?Chand 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 saidGourt may from time to time appoint, arid also render a true account of my admini-stration to this Hon'ble Court within one }'ear from the same date or within suchfurtber time as the said Court mayfrom time t6 time appoint.

""""""""""""."""""""""""""'" Petitioner.

I, ' ;...........

Swornat

Solemnly affirmed

Thi~. . . . .. .. .. . '.. .da}'of.. .. .. .. .. . "." .. .19 .Before me,

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

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

..,



Petition-for, Letter ofAdministra-ion with will

annexed

(Rule 375).

NO. 105

~ THE HIGBeOtfRll' OF JIIDICAmRE A~ BOMBA Y

TESTAMEN1A'RY ANiD' INT£STA:rE IU&ISDICTION

PETITIONNo. >OF- 19 .

Insertthename in full.- ~e;-ofreside1We

andoccupation.,Ifdeceased

was.abachelororpinster. that TO ,

should~e THE HON'BL£ 1 HE CHIEF JUSTICE AND JUDGESOF THE HlGHstate. COURT,

SHEWBTH ;-

(1) That the abovenamed ~,;~ , dIMat onor,abo\!t th(i: ~ay of.-,...........19 . .. .

(2) That tre said deceased at tbe time of 'Risd~ath had' a fixed place of abodeat. . . . . . . . . . . : . . . . . . . . and/or left property within Greater Bombay and in the stateof Maharashtra and elsewhere in India.

(3) Tbat tbe said decea:;;edleft a writing, which is bis last will and testament. Thesaid writing, hereinafter referred to as "the Will", is mar ked Exhibit "A" and ihanded - in separ~telyfor beingfiled and kept in a safe place in the office of thProthonotary and Senior Master. Acopyoftbe said will is here to annexed and alsomarked Exhibit "A".

~. (4) ThaUhesaidWilI was duly executedat onthe dayof 19 .(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...:...: .dayexecutor,as of. . . . . . . .'.. . . . . . . . . . . . .19 without havIng proved tb~ said wIll, and that thethe case abovenamed petitioner is tbe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of the deceased.maybe. .

(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 prossessedof 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, _heretoannexed andmarked Exhibit "C", all the hems that by law he ISallowed to deduct for the purposeof ascertaining the net estate of the deceased..

(8) That the petitioner has truly set forth in .schedule No. III, hereto annexed andmarked Exhibit "D", the property held by the deceased as trustee for another andnot beneficially or with general power to confer a ~eneficial interest.

(9) That the ass~ts of the dece~sed after dedl!c~ingth,eit~msmentioned in Scbedule

No. II, but includIng all rents, Intere.st and divIdends wblch have accrued since thedate ofthe death ofthe deceased and Increased value oftbe assets since the said dateare of the value of Rs \....

Petitioner for letters of Administration

with the will annexed t? the propertyand credits 'of (a) Deceased.

; .~ ' Petitioner.

THE PETITION OF THE PETITIONERABOVENAMBD



(10) 'that the said deceased left him surviving as his only heirs and next-of-kin ( ) Stateaccording 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 Delegateor tc any other High Court for probate of any will of the said deceased or for lettersof administration with or without the will annexed to his property and,credits (d) (d) Or if'

made, stateto whatcourt-,bywhatperson

and whatproceeding. havebeen

. taken.Thc.petitioncr prays that letters of administration with the said will annexed may be

granted to him as the .of the said deceased havinge1fect throughout the State of Maharashtra (e). (e) OF

throughout- India.

I, the petitioner abovenamed, doswear-inthe nameof God . .

I nIyam . that whatISstated'Inparagaraphs"""" . . . . . . . . . . ..o em rm

is true to my own.knowledge, and that what is stated in tre remaining paragraphsis,stated on information and b~lief and I believe the same to be true.

Sworn I atSalernnl} affirmed

This da)i of , 19

Before me;

Assistant Master/Associate,High Court, Bombay.

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



No. 106

Administea.or's Oath inthe case ofLetters of

Administra-ion with theill ann~ed \

(Rule 375).

IN rItE HIGH COURT OF JUDICATURE Ar BOMBAY

TESTAMENTARY AND INTESTATE JU~ISDIClION

. PETITION No. OF 19

Insert theame in full,

place.ofsidence andoccupation.If deceased

~ache1~:So: I, do Solemnly affirmInster, that

sho~~~e~~that I beIic\'e that the will referred to in the petition rerein and marked Exhibi"A" is the last will and testament of.. .. . . . . .. . . .. . . .. . . .. .. . .deceased an

(b)Stateintbat I am the (b) ' oftl'e deceased and thwhat right I will faithfully admini:,t('[ the property and credits of the said deceased and in ane petitio~erway concerning his will by paying first his debts and then the legacies therein b

applies. queathed so far as the said assets will extend and that I will make and exhibit afuland true inventory of the said property and credits in this Hon'ble Gourt withisixmonths from tbe date of the grant to be made to me or within such further timas the said Gourt may from time to time, appoint, and also render a.ture accounof my administration to this Hon'ble Gourt within one year from the same date o

withiIl; su,ch f~lfther time as the said Cour~ may from time to time appoint.

Sworn atSolemnly affirmed

Petition for Letters of Administration

with the will annexed to the propertyand credits of (0) """"" Deceased.

PETITIONER.


This , day~0f 19 .

Beforeme,

Assistant Master/Associate.

High Court. Bombay.

Advocatefor u......



No. 107

Petition byconstitutedattorney forLetters ofAdministra-tion with COpof authenti-

Petition for letters of Administration cated~opyo< 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.

d . f namein fuU: 1 constItute attorney 0 placeof

.. .. . . . . . . . . . . .. . . . . . . . . . .executor or executors named in the will of the above residence.,

d&00

named decease. occupation.If thedeceased waa bachelor ospinster. thashould be

stated.

IN THE mGH OOURT OF JUDIOATURE AT BOMBAY

TESTAM£NTARY AND INTESTATE < JURISDICTIOl'l

PETITION No. OF 19

..".",..,.,..., """""""""" PETITIONER.

THE PETITION OF THE PETITIONER ABOVENAMED

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) Thatthe saiddeceasedat the timeofdeath leftproperty withinGreater Bombayand 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 theday 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'sbelief at present resIdIng at ,.. , ..In ,.......

(5) That the petitioner has truly set f<;>rthn ~hedu~e No. I, hereto annexed andmarked Exhibit "B" , all the property and credIts whIch the deceaseddied,prossess-ed of or entitJcd to at the time of his death, which have or are likely to come to hishands, -

(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 pur-pose 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 andmarked Exhibit "D", the property held by the deceased as trustee for a'nother andnot beneficially or with general power to confer a beneficial interest. '

(8) That the' ass~ts of the deee.ased after ded!lc.ting the it~ms mentioned in ScheduleNo. II but includmg all rents, Interest and dIVIdends whIch have accrued since thedate of the death of the deceased and increased value of the assets since the said dateare of the value of 1\s............................

(9)Thatthe said : . . .. . . . . . . . .as suchexe~t~rasaforesaidhasbytl'e power of attorne), hereunto annexed and marked ExhIbIt "E", bearing date

,



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 oftbe said deceased, with a copy of the said probate of the said Will ann"xed, from theRig!' Court ,at Bombaycr,aDY other competent (;oulftinIndia limited to tbe propenywhicbthesaid, diedpossessed of or entitled to in India.

(to) 1hat °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 whatCourt,by

:what 'Personand-what

proceedingshavebeenit4ken.

The,Petitioner prays that letters ofadministration (\\-itba copy ofthe authenticatedcopy of the Will annexed) to the property aDdcredits 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. dos\\-earin tbe name of God' .. \

S I I fll that \\-J:>atS stated 1Dparagraphs '0""""'"emn y a rm

,"0"""""'" .is true to my o\\-n~nowledge and itat what is s-tated in the le-

maining paragraphs is stated on information and belief aDOI believe tbe same to betrue.

Sworn atsolemnly affirmed

I

this ~_day of i9

Before me,

i\.ssistaDt Master fA ssociate

High (;oW1, Bombay:

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

/



Administra.tor's oath iBCaseswhereletters ofadministra-tion withcopy ofauthenti-

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 Coastitutedcredits of (0) Deceased. Attorney.

(0) Insertnamein full

.. . placeof,(onstJtuted attorney of residence,

executor named in the Will of tl'e abovenamed deceased. aadoccupation.

P.t ' If the

etJ loner. deceasedwaa bacheloro

I, ~ , the (;onstituted attorney spinster, thaof .the executor named in the Will of the above St

hotUdJd be

, . sa e .. . b swear In the name of God

named deceased, tl"e petItIoner a ovenamed do I nl ffio em y a rm

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 above-named . . . . . . . . . . . . . . . . . . . . . . . .deceased and that the original probate has beengrantedonthe , day?f 19 under the sealof the. .. .. .. .. .. .. .. .. .. .to the saId and that the writingreferred to in the petition herein and marked Exhibit "E" is the power of attorneyexecuted by the said. . . . . . . . . . . . . . .. the executor named in the said Will, and thatI am the attorney therein named and that I \\-illfaithfully administer the property andcredits ofthe said deceased and in any way concerning tis Will for the use and benefit

of him the said executor namedin the said Will and limited until be shall obtain probate of tJ"e said Will from thisHon'ble (;ou't by paying such lawful claims as I know of so far as tte said assets \\-illextend and that I \\-ill exhibit a full and true inventory of the said propert) andcredits in this Hon'ble Court wbithin sixmontbs from the date ofU'e grant to be madeto me or withiv such further time as tbe said (;ourt may from time to time appointand 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 mayfrom time to time appoint.

No. 108

IN THE illGH COURT OF .JUDICATURE 4.f BOMBAY


PETITION No. OF 19

.

Sworn atSolemnly affirmed

this dayof 19

'Before me,

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

Advocatefor.....................\-1498-36.



Petition forJudge's order

to applyfor letters of.administra-tion for the

use andbenefit ofa.minor.

No. 109

IN THE HIGH COURT OF JUDJC,ATURE AT BOMBAY


MISCELLANEOUSPETITIONNo. OF 19

Petition for letters of administration to thepr9pertyandcreditsof..................Deceased.

' Petitioner.


10

THE HON'BLE THE CHIEF JUSTICE AND JUDGES OF THIS HIGFCOURT

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 Stateof Maharasrtra and elsewhere in India.

(3) That the petitioner believes that the said deceased died intestate and thatalthough due and diligent search has been made tor a Will of the deceased, nonehas been found.

(4) That the said deceased left him surviving as his only heir and next-of-kin accor-(a)State dingto(a) Iaw whoisaminor.what law. . . .

} ftl.ct

.I'.

(5) That the petItIOner ISt Ie. . . . . . . . . . . . ; . . .0 IeSa! mInor who IveswIth andunder 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 interestof the said mlllor your petItIoner ISdesIrous of applYIng to thIs Hon'ble Court forlettrs of administration and with that view to make a proper petition to this Hon'bleCourt.

(7) That your petitioner bas no ~nter~st in tbe estate of tbe deceased directl} orindirectly adverse to that of the saId millOI'. . . . . . . . . . . . . . . . . . except. . . . . . . . . . .

,........

(8) Your petitioner prays that he as the.. . . .. .. . . . ... . . .. . . .. . . . .of the saiddc;;cased.. .., .., ..an~the.. oftbesaidminormay

be appoi!lted for the.purpose of applYIng for letters of adl1linis!rati~JIJo t he propertyarodcredIts of the saId deceased for tbe use and benefit ofthe saId mInor. . . . . . . . . . .and limited to the period of his minority.


I,. . . . . . . . . . . . . . . . . . . . . .the petitioner abovenamed, do - - ---solemnly affirm

that what is stated in paragraphs. . . . . . . . . . . .of this petition is true to my ownknowledge and that what is stated in the remaining paragraphs. . . . . . . . . . . . . . . . .is stated on information and belief and I b~lieve the same to be true.. '

Swornat

Solemnlyaffirmedthis dayof 19.

Before me,

Assistant Master fAssociate.High Comt, Bombay.

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



Petition for succession certificate in respect ofcertain debts and securities belonging to ( ) I

( ) D d,0 nsert

a eceaSe. name in fullplace ofresidenceandoccupation.If deceasedwas abachelor orspinster, thatshould bestated.

No. 110

IN THE HIGH COURT OF JUDICATOREAT BOMBAY

TESTAMENTARY AND INTESTATE JURI~DICTION

PETITION }\j0. OF 19 .

Pe!itioner.


TO

THE HON'BLE THE CHIEF JUSTKE AND JUDGES OF THIS HIGHCOURT

SHEWETH:-

(1) lbattheabovenamed. .. diedat....................inoraboutthe dayof 19.

(2) That the said deceased ordinarily resided at. . . .. . . . . . . . . . . . . . . . . . . . and/orleft property withi n GreaterBombay and in the State of Maharasbtra and elsewherein India.

(3) lhat the said deceased died intestate and that due and dilig&nt searcl>has beenmade for a Will but none has been found.

OR

The said deceased died leaving a Will dated and executed ata copy of wl'ict: is l>.~retoannexed and marked

Ex. ' A '.

Petition forsuccessioncertificate.(Rule 377)

(4) That the said deceased ]eft him surviving as his only heirs and next-of-kin (baccording 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) stateentItled to a. . . . . . . . . . . . . . . . . . . . . . . . share of the estate. rela.ionship

. .d.

d.

370 l'

h'

I d.

S. to the dece-

(6) Tl-at there IS no Impe Iment un er seCtion 0 te n Ian VC(;:'.sslonAct. ased.1925, or under any other provision of this Act or any other en,actment to the grantof the celiificate or the validity thereof ifit were granted. '

(7) That the petitioner has truly set forth in the Schedule, rereto annexed and td) Men.mar ked Ex. " B ", the debts and securities in respect of which tre ccrti'ficate is applied tion the pur-

for. The succession certificate is required for the purpose of (d).. . . .. '... . . . .. . . .. P?~~r'~,The said assets in respect of which the succession certificate is required are of the ~~Itificat':isvalue of Rs required.

(8) That no application has been made to any District Court or District D~legate01to any Higl>Court for probate of any Will of the said deceased or for letters ofadministration with or without the Will annexed to his property and credits.



(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~~tebelonging to the estate of the deseased (e).to what

Court. by The petitioner therefore prays that a succession certificate may b2 granted to thewh-atpersonpetitioner in respect of the debts and securities set forth in Schedule I hereto, with

anded~hat power to cbllect the said debts and tc receive interest er dividends on and to

proce mgs. fi h'd

. .havebeen negotIate or trans er t e sal securities.

taken.

I .'.'. .. , ... .. ..'.. .. .. . . .. . . .. ... .. ..the petitioner abovenamed, doswear in the name of GCid

-- -- that whatis statedinparagraphs. . . . . . . . . . . . . . . . . . . .solemnly affirm of this petition is true to my own knowledge and that

what is stated in the remaining paragraphs. . . . . . . . . . . . . . .. is stated on informa-tion and belief and I believe the same to be true.

Swornat

Solemnly affirmed

this , dayof 19 .

Before me,

Assistant Master/Associate;

High Gourt. Bombay.

Advocatefor ,............



No. 111

IN THEmGH OOURTOF JUDIOATUREATBOMBAY


PETITIONNo, 19F

Petition for Succession Certificate (Titleas in the petition)

, DECEASED.

, PETITIONER

ScHEDULE

Debts

SerialNu.

Amount of debt includinginterest on the date (f

applicaticn for certificate

Description and date ofinstrumer.t. if any. by

which the debt is Secure d

Name of the debtor

{ Total Rs.

Securities

--

---Description

Market value ofsecurity on rlate ofapplication forcertificate

e, title or classI

Amount or parcf security value of security

Total: Rs. a.s.PETITIONER.

Scheduie ofdebts andsecuritiesof thedeceased.(Rule 377)

I

'serialN:). Distinguishing NaNumber or Idter

of security-

- -



Petitioner'soath in the

Case ofsuccessioncertificate.

SRule 377)

No. 112

IN THE illGH COURT OF JUDICATURE AT BOMBAY


PETITION No. OF 19

Petition for succession certificate in respectof certain debts and securities belongingto (a) Deceased.

(a) Insert

ameinfuIl, :' ' PETITIONER.pl~dceof J,.. .. .. .. .. .. .. .. . .. .. .. .. .. . .. . .. .. . .., Swear in the name of Godres! ence ----

and Solemnly affirmoccupation.that J, will well and truly administer the debts aRd securities comprised in theIf 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 bemade tome or within such.further time as the said Court may from time to time appoint.

shouldbe Sstated. -- worn ~-at

Solemnly affirmed

this u.ayof..., 19

Before me,

Assist~nt Master/Associate.High Court, Bombay.

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



No. 113


Subpoenato bring

in will. etc.


PETITION No. OF 19.

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 originalpaper or script dated the day of 19being or purporting to be testamentary, to wit, the last will and testament of

deceased, is now in your possession, poweror control.

Now this is to command you that within 8 days after service hereof on youinclusive of the day of such service, you do bring into and leave in the registry atthe testamentary and intestate side oftbe said Court the said original paper or seriptnow in your possession, power or control and this you shaHin no wise omit under

.pain of the Jaw and contempt thereof.

Witness c..hief Justice at Bombayaforesaid this day of.. .. .. .. .. .. ..19 .

Prothonotary and Senior Master.Sealer .

The dayof 19

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



No. 114

IN THE HIGHCOURT OF JUDICJ\.TUREAT BOMBt\y


Citationacceptor refuseexecutor

ship.MISC. PETITIONNo. OF 19 .

In the matter of tbe will of. . . . . . . . . . . .

Deceased.

PETITIONER.

To

. . . . . . . . . . . . . . . . . . . . . . .. Executor of the will of the deceased abovenamed.

Whereas died on the day of"""""""" 19havingmadehis lastwill and testament of whichbeappointedyou executor;

Take notice that you are hereby required to appear before the Judge hearingtestamentary matters in Chambers on the. . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . .19 , at 1] O'clock in the forenoon and state whether you accept or refuse theexecutorship 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 grantletters of administration to the property and credits of the said deceased to thepetitioner ab.wenamed.

Witness , Chief Justice at Bombayaforesaid, this day of 19 .

SealerProthonotary and Senior Master.

The , day of 19 .

Advocate for the petitioner.



No. 115.

itation to

ings.

\

IN THE HIGH COURT OF JUDIOATURE AT BOMBAY

TFsTAMENIARY AND INTESTATE JURISDICTION

PETITIONNo. OF 19 .

Probate of the last will and testament

Petition forIetTersOfadministration to the prope

and credits of Deceas' PErITION

To ,

If you claim to have any interest in the estate of the above named deceased,are hereby cited to come and see the proceedings before the grant of probate/letteof administration.

In case you intend to oppose tbe grant of probate/letters of administration,should file in the office of tbe Prothonotary and Senior Master a caveat within

days from the service oftbis citation upon you..Witness , Chief Justice

Bombay aforesaid, this ..day of ..19

Prothonotary and Senior MasSealer

T.re dayof 19 .

Advocate for petitioner:

Note.- (1) If the judge h'ls directed th~t~he caveat should be filed within a shoperiod, the fact should be specIfIcally stated at the foot of the citation.

(2) Ifthc citation is addressed to all persons generally and is publishin newspapers, suitable changes should be made in the form.



Caveat.ule 401)

No. 116

IN THE fiGH COURT OF JUDICATURE .\T BOMBAY


PETITIONNo. OF 19 .

(litle as in the petition)

CAVEATOR.

ToThe Prothonotary and Senior Master.

Sir,

Let nothing be done in the matter of tl~eest~Je of the abovenarned. . . . . . . . . . .deceased, who died at......................

~~'~;'aboutthe dayof 19 ,without dnotice to the above named caveator.

Dated this , day of 19

Yours faithfully,Advocate for the caveat



No. 111

IN THEItIGH,OOURT0' JUDJc.ATVR£AtBOMBAy

SUIT No.

OF 19 ~

OF 19 .

Notice offiling ofaffidavit isupport ocaveat.(Rule 403


PEtiTION No.

Re Deceased.

... .PLAINTIFF,

""""""""""~~;;~s""""""""""'" D~FENDANT.

Take notice that on the .day of ..19 anfidavit in support of the caveat was filed in my office in the above petition by

Advocate for the abovenamed defendantd that the petition became a suit on that date and bas been numbered as Suito of 19

(Advocate for the plaintiff.)

Dated tlis day of 19 .

Yoursfaithfully,


I



Administra-tion Bond.(Rule 420)

No.. 118

tNTIm'lttGIi:COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY :AND INTESTATE JURISDICTION

PlmTION No. OF 19

(a) Insertname in full,

place ofresidenceand

occupation.If the .

deceased was ; PBTITIONER.

a bachelor or

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 anhis successor or successors in office and his or their assigns in the sum ofRs.. . . . . . .to be paid to the said ,Prothonotary and SenioMaster, and his successor or successors in office and his or thier assigns, as the casmay be, for which payment to be well and truly made we do bind ourselves and eacand everyone of us jointly and severally and our respective heirs, executors anadministrators firmly by these presents, which are sealed hereunder with our seals

Petition for Letters of Administration to th

Property and credits of (a)..............

Deceased.


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 beforthe day of 19 or within such further time athis 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 whichave or shall come in the possession of the said administrator or w.bich have or shacome to his knowledge or which ha v'e or shall come in the possession of any otheperson or persons on his behalf and shall well and truly administer according to lawthe 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 maappoint, exhibit in this Hon'ble Court a true account of the estate, showing thassets which have come to his hands and the manner in which they have been appliedor disposed of and iftbe said accounts is examined and certified by this Hon'ble Couras representing a true, complete and just account of the administration or'the estatof 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 .JUDICATUREAT ~MBAY .

TESTAM1!NTARY AND INTESTATIi JURISDICTION

Administrtion bondof a con-situtedattorney.

PETITION No. OF 19

P~tition for Letters of administration (with (0) Inserta copy of an authenticated copy of tl-.enamein fuWill annexed) to the property and credits pla~eof

of (a) ~ddenceoccupation.

Deceased,JCthedeceased

PETITlONER.al?achelor. spinster, t

II b h h d shouldbeKnowa men yt esepresentst atwe, an """"""""stated.

. . . . . . . . . . . . . ., are l'eld and firmly bound, jointly and severally, unto. . . . . . . . . . . .

rothonotary and Senior Master ofthe High Gourt of Judicature at Bombay, and hisuccessor or successors in officeilndhis or their assigns in the sum of As. . . . . . . . . . . .o be paid to the said . . . . . . . . . . . . . . . Prothonotary and Senior Master andis S1],ccessoror successors in office and his or their assigns, as the case may b~ forhich payment to be well and truly made we do bind ourselves and each and e":ery-ne of us jointly and severally and our respective beirs, executors and admini-t!ators firmly by these presents, which are sealed hereundervvith our seals.

Datedthis day of 19

Now the condition ofthis obligatiop is such that ifthe abovementioned. . . . . . . . . .

onsitituted attorney of and adm,inistrator of theroperty and credits of. . . . . . . . . . . . . . . . . . . . . . . . deceased, shall duly collect and

et 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 mayppoint, exhibit in this Hon'ble Gourt an inventory containing a full and true estimatef all the property and credits of the said deceased which have or shaH Come in the

ossession of the said,administrator or whicll have or shallcol11e to his knovv1edger which have or shall come in the possession of any other person or persons or' hisehalf and shall well and truly administer according to law the said property andredits 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, deceasedrom 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,xhibit in this Hon'ble Court a true account of the estate, showmg the assets whichave come to his hands and the manner in which they have been app%d or disposedf and ifthe said account is examined and certified by iI-is Hon'b!eCourt asrcpresent-ng a true, complete and just account of the administration of the estate of tbe saideceased as granted to the said administrator thenhis obligation shall be void and of no effect but otherwise the same shall r~main inull force and effect.

Signed, sealed and delivered at Bombay,by



ond in thecase of

SuccessionCertificate.(Rule 421)

No. 110'

IN ThE IttGH COURT OF JUDIOA1'UU AT BOMBAY


PETITION No. OF 19

(0) Insertme in full,place ofresidence

andoccupation.

If thedeceasedwasa Knowallmenbytbesepresentsthatwe, and """""""""

~acheloiho~ .,.. . . . . . . . .,are held and firmly bound, jointly and severally, unto. . . . . . . . . . . . . .,Ptn:~~~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 hissuccessor or successors in office and his or their assigns, as the case may be, forwhich payment to be well and truly. made we do bind ourselves and each and every-one of us jointly and severally and our respective heirs, executors' and administratorsfirmly by these presents, which are sealed hereunder with our seals.

Petition for succession certificate in respect

f

. debtsbel

.

( )certalll--;---

t ' onglllgto a .....secun les. '

Deceased;

' PETITIONER.

Datedthis dayof 19

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, shaHwell and truly recover the debts and securities and the interest or dividend thereonor negotiate or transfer the said securities and shaH,within one year from the dateoffhis 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 theassets 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 HonourableLourt as representing a true, complete and just account of the administration of theestate of the said deceased as granted to the said. . . . . . . . . . .. . . . . . . . . . . . . . . . . . .,then this obligation shan be void and of no effect, but otherwise it shaH remain infuH force and effect.

Signed, sealed and delivered at Bombay

by ,

in the presence of:



No. 121

IN THE mGH COURT OF JUDICATURE 4T BOMBAY Probate.(ActXXXof 1925,Sectioit 307TPsTAMENTARY' AND IN'IESTA'IE JURISD1CTtON

PETITIONNo. OF 19 .

(Tide as in the petition)

(1) Subject to the provisions of sub--section (2), an executor or adminis-trator has power to dispose of theproperty of the deceased, vested inhim under section 21I, either whollyor in part, in SUCllmanner as he maythink fit.

(2) If the deceased was a Hindu,Muhammadan, Buddhist, S:kh orJain or an exempted person, thegeneral power conferred by sub-section (1) shall be subject to thefollowing restrictions and conditions,namely :-

, (i) The power of an executor todispose of immovable propertyso vested in him is subject to anyrestriction which may be imposedin this behalf by the WiH appoin-ting him, unless probate has beengranted to him and the (,ourtwhich granted the probate permitshim by an o~'der in writing, not-

withstanding the restriction, to dis-pose of any immovable propertyspecified in the ordf.r in a mannerpermitted by the order.

(ii) An administrator may not,without th~ previous permission ofthe (,ourt by which the letters ofadministration were granted,--

(0) mortgage, charge or transferby sale, gift, exchange or other-wise any immovable property

for the time being vested in himunder section 211, or

(b) lease any such property for aterm exceeding five years.(iii) A disposal of property by an

executor or administrator in con-

travention of clause (i) or clause(ii), as the case may be, is voidableat the instance of any otherperson interested in tbe property.

N. B.-Annexed to the grant is a

copy of the schedule of assets ofthe deceased as disclosed by the

Be it known that this day being the. . . .day of. . . . . . . . . . .. 19 the last Will andtestament (a copy whereof is hereuntoannexed) of .deceased,is proved and registered before this Court,and that the administration of the proper-ty and credits of the said deceased and inany way concerning his WiIl is grantedto theexccut-tor in the said Will named to have effect

the State of Maharashtrathroughout

,Indiahe having undertaken to administer thesame and to make a full and true inven-tory of the said property and credits andexhibit the same in this (,ourt within sixmonths from the date of this grant orwithin such further time as the Court mayfrom time to time appoint, and also torender to this Court a true account of thesaid property and credits within oneyear from the same date, or within such

further time as tbe (;ourt may from timeto time appoint.

Witness ,ChiefJusticeat Bombayaforesaid,this. .

dayof 19 .

By the Court,

Prothonotary and Senior 'Master.

Sealer

The dayof 19

Advocate for the Petitioner. .



No."t22

IN'nm'mGH' COURTOF JUDICATUREAT BOMBAY, L-eiters. of .

dministra., "

i 0 11; , (Act "XXIX of

307)

TEsTAMENTARY AND INTFSTATE JURISDICTION

PEnnoN No. OF 19 .

(Title as in the petition)

(1) Subject to the provisions of

sub section (2); an executor or admi-nistrator has power tQ dispose of the.property of the deceased, vested inhim un4er section 211, either whollyor in part, in such manner as he maythink fit.

(2) If the deceased was a Hindu, .Muhammadan, Buddhist, Sikh orJain or an exempted person, the

general power conferred by sub-, section (1) shall be subjfct to the

following restrictions and conditions,namely :-(i) 1he power of an executor to

dispose of immovable property sovested in him is subject to anyrestriction which may be imposedin this behalf by the Will appoint-

ing him, unless probate has beengranted to him and the, (,ourtwhich granted the probate permitshim by an order in writing, not.withstanding the restriction,

to dispose of any iinmovable.property specified inthe order in amanner petmitted by the order.

(ii) An Administrator may not,withoutthe previous permission oftbe (,ourt by which the letters ofadministration were granted,-

(a) mortgage, chargt;:or transfetby sale, gift, exchange or other-wiseany immovable property forthe time being vested in him

under section 211, or(b) lease an} such property fora term exceeding five years.

(iii)A disposal cf prcperty by ane~ecutcr or aclrnit'istrator in con-traventior of clause(i) or clause(ii),as the case may be, is voidable atthe instance of any other personinterested in the property.

N. B.- Annexed to the grant a copy

of the schedule of assets Of,

t,

decea-

sed as disclosed by thepef. ner in,hispetition. '

Be it known that this day being the. .. .

day of ' 19 ,Letters of Administration to the propertyandcreditsof........................... . . . . . . . . . . . deceased, are hereby grantedto to have effect

the State of Maharashtra, hehroughout

India

having undertaken to administer the sameand to make a full and true inventory ofthe said property and c;'t'dits and exhibitthe same in this Court within six months

fro~ the date of this grant or within suchfurther time as the Gourt may from time totime appoint, and also to render to thisGourt a true account of the said propertyand credits within one year from the samedate or within such further time as the(,ourt may from time to time appoint.

Witness ,'.................... . . . . . . . .. .. . . .. . .. . .. .. Chief Justiceat Bombay aforesaid, this..............

day of 19.

By the Gourt,


Seal~r

The dayof 19 .

Advocate for the petitioner.



'No.H:S

IN tHE IDGHCOURTOF JUDICA1'UREA1HBOMBAY, ,

TESTAMENTARY AND Il-4TESTATE JURlSDICnON

PETITIONNo. OF19 .

(,ette:rs ofAdministra-tion with thewill annexw.(Act XXXIXof 1925,section 307).Title as in the Petition)

(1) Subject to the provisions of sub-section (2), an executcr or adminis-trator has power to dispose <,f theproperty of the deceased, v~st~d inhim under section 211, either whollyor in part, in such manner as he may \think fit.

(2) If the deceased was a Hindu,Muhammadan, Buddhist, Sikh orJain or an exempted person,' the

general power conferred by sub-section (1) shall be subject to the

following restrictions and condition,namely :-(i) The power of an executor to

dispose of immovable property sovested in him is subject to anyrestriction which may be imposedin this behalf by the Will appoint-ing him, unless probate has beengranted to him and Court wl>ichgranted the probate permits himby an order in writing, notwith-standing the restriction, to dispose

of any immovable property speci-fied in the order it' a manner

permitted by the order.(ii) An administrator may not,

without the previous permission ofthe Court by wlich the letters ofadministtation were granted,-

(a) mortgage, charge or transferby sale, gift, exchange Cf other-wise any immovable property forthe time being, vested in himunder section 211, or

(b) lease any such propert y fora term exceeding five years.(iii) A disposal of property by an

executor or administrator in con-travention of clause (i) or clause(ii),as the case maY,be, is voidable atthe instance of any other person

interested in the property.

/ti.B.- Annexed to the grant is a copy ofthe schedu Ieof assets ofthe deceasedas disclosed by the petitioner in bis

petition.

Be it known that this day being the. . . .day of 19 , the

last will and testament (a cop)' wbereof ishereunto annexep) of.'.................. . . . . . . . . . . .deceased, is proved and

registered before ,this, Court and thatletters of administration with the said Will

annexed to the property and credits of thesaid deceased are hereby granted to ... . . .

to have effectthe State of Maharashtra

throughout , hehav-Jndia

ing undertaken to administer the sam~ andto make a full and true inventory of thesaid property and credits and exhibit thesame in this Court within six months from

tl:e date of this grant or within such furthertime as the Gourt may from time to timeappoint, and also tc render to this Court atrue account of the said property andcredits within one year from the same dateor within such further time as the Coutt

may from time to t,ime appoint.

Witness ChiefJustice at Bombayaforesaid, this I........day of 19 .

By the Gourt,

Prothon0tary and SeniorMaster.

Sealer'

Tbe dayof..., 19

Advocate for the Petitioner.



SUcCcs;~iQn

Certificate.

No. 134

tN TIfE HIGH CQURT OF JUDICATURE AT BOMBAY


PETITIONNo. OF 19

(Title as in the Petition)

ToA.B.

Wher,easyouappliedonthe dayof 19.for a certificateunder Part X of the Indian SuccessionAct, 1925, in respect of thefollowingdebts and securities,namely :- -

Debts

Serial[

Name of the debtor' Amount of deb~ including I

No. interest on the date of

Iapplication for certificate- -1 1

I '

I I

I I

, I

Description and date ofinstrument, if any, by

which the debt is secured

Securities

Des.,riptionSerial

j

j

Market value ofNo. Distinsuishing Name, title or class Amount or par securIty on date

number or Ic:tterofI

of securityIvalue of security of appIi<;ationfor

security certificate

-- - 1- 1 '-- --- - -1--

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

Witness Chief Justice at Bombayaforesaid, tbis day of 19 .

By the <Jourt,

Prothonotary and Senior Master.Sealer

The dayof 19.Advocateor........................



No~ 'US

IN THE-HIGHOOURTOF JUDIaA1'1JItE"AT BOMBAY ExtensioCertific~

lESTAMENTARY AND INmSTATE JURISDICftON

. PmTnON No. OF 19


On the application of A. B. made to me onthe dayof 19 . IberebyextendthiscertificatetC' the following det-ts and securities, namely :-

Debts

Selia!No.

Name, of debtor Amount of debt includinginterest on date of appli.cation for ex.tension

Description and date oC" ,. instrument, if any, bywhich the debts secured--

Securities

Seria1

No.

Distinguishing

numberorletter ofsecurity

Description

Name. title or class

of securitv

--I

Market value of. Amount or security on date of

par value of application forsecurity extension

-, 1 ~ ----

. This extension emp°'YVersA. B. to collect those debts and tG receive interestdividends on and to negotiate or transfer those securities. .'

Witness.. .. . . .. .. . . .. . . .. .. . .. . . . .. .. .. .. . .. . ..Chief Justice at Bombayaforesaid,this dayof 19 .

By the Court,


Sealer

1be , , dayof"""""o.#.~19. .



IiU"eSSWDtetti!cate

to theguardianof a miDor

No. 126

IN 'l'HEIDGH COUR.TOF JUDICATURE 4.TBOMBAY


PETITION No. OF 19 .

To

A. B. C. ('ihe ~me, nationality, occupation and residence of the guardian) fothe use and benefit of (name etc., of the minor).


Whereas you applied en the .day of . . ... "" . .. .19for a certificate under Part X of the Indian Succession Act, 1925, for the u~e andbenefit of (name, etc., of the miner) in respect of the following debtsnamely:-.

securitiesDebts

e of'yured

Securities

SerialNo. I Distinguishing

I

Name ,title or classnumber or Jetter of of security

security

Amount or parvalue ofsecurity

I Marketvalue ofsecurity on date ofapplication forcertificate

Description

_-1- 1-- --~--

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 thosesecurities.

Witness"""""""""""""""""",.,...Chief Justice at Bombayaforesaid,tbis dayof 19.

By tte Cowt,

Prothonotary and SeniOiMaster.

Sealer

,

-Serial Nameof the debtor Amountof debt including Descriptionand daNo. interest on the date of instrument, if any, 1

application for certificate whichthedebt is sec--,

,



~. 1~

IN THE IHGHCOVR T OF JUDICA TUe.:\ T BOMBAY -/

'TEsTAMiNTARY AND INTBSTATE JURISDICTION

MISC. PJlTITION No. OF .19

COllAM:

Date:

In the matter of tbe Admiuistrators-

General Act, 1963, and

III.tbe .matter of the ploperty and credit'of Deceased

..' PlrrITION..

UPl,. reading the petition dated the . . . . .day of. . . . . . . . .19d the petitioner abovenamed and upon hearing .Advocate for thepetitioner and tbis Court being satisfied t~at thele is imminent danger of misappro-pliatioR, deterioration or waste of the property of the abovenamed deceased, dotaunder section ]6 of tbe J.dministrators-General Act, 1963, direct the P dmiaistratorGeneral of Bombay to collect and take possession of the assets ofthe said deceasedsituate 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 furtherorder that the costs of the petitioner of and incidental to the petition and of thisorder be paid out of the estate of the said deceased,

Witness , Chief Justice at Bombayaforesaid, this day of ~ 19 .

Bythe Gourt,

Prothonotary and SeniorMaster.

Sealer

The dayof """"'H 19 .

Order drawn on the Application of

Advocate fer. . . . . . . . . . . . . . . . . . ... ......... ...- -



Letters of

on grantd tohe Admini-

eral

No. 128.

IN TO HIGH COURT OF JUDICATUREAT BOMBAY

'TIIsTAJdiNTMY AND ,INTI!STATE JURISDICTION

PBTITIONNo. OF

(Title as i. the petition)

Be it knowIl that this day being the. . . . . . . . . .. . .. .. .. day of. . . . . .. . . .. . . .19letters of admiaistration. to the property and credits of. . . . . . . . . . . . . . . . . . . . . .,deceased are hereby .grantedto.............................................Tbe Administrator General of Maliarashtra and his successors in office to haveffect throughout the State of Mabarasbtra, behaving undertaken to administet~ same 'and to make a full and true illventory of the said property and credits anexltibit the ,ame in t!tis Court within six months from the date of this grant or withisuch further time as the Gourt may from time to time appoint and also to rendeto this Court a true 'account ot the said property and credits within one year fromtne same date or within such further time as tbe Gaurt may from time to time appoinWithiness """"":"""""""', .-.' ...,GhiefJusticeatBombay

aforesaid, this day of 19

.By the Court,

ProthonQtary and Senior Mastesealer '

The dayof '.".19.

Administrator General in person.

19 ,



~n m -

Letters of

n with tt el annexedgranted toe Adminis-ator-Gene- . h

.d b

'h d f

ral Beitknownthatt IS ay emgt 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 andhis successors in office to have effect throughout the State of Maharashtra, he havingundertaken to administer the same and to make a full and true inventory of thesaid property and credits 3:nd,exhibit the same ~nthis Court within six months fromt!:-edate ofthis grant or wlthm such ,further tIme as the Court may from time totime appoint ~n? also to render to thIS Court a tru~ ~ccount of the ~aid propertyand credits wIthIn one year from the same date or wIthin such further tIme as theCourt may from time to time appoint. ,', 'Witness , """"'" Ghlef JustIce at

aforesaid,this dayof 19 . ~

By the Court.

No. 129

IN THE IDGH COURT OF JUDICATUREAT BOMBAY. 'TEsTAMBNTARYAND INTESTATE JURISDICTION

\

PETITION No OF 19 .(Title as in the petition)

~ombay

Prothonotary and Senior.Maste'

rS~aler .

The ,...dayof O-":..19 .Administrator. General in person.



NO. 130

Certificatethat no ap

TESTAMENTARYAND. INTESTATEJURISDICTION licadan. t ~been madefor probate- Re: , DECEASI:D.orlettersofAdniinistra

I, , ,Prothonotary and Senior Master ion,ftae High Gourt of Judicature at Bombay, do thereby certify that I have caused

, 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 " ",. ........deceased or lettels of administration to his property and credits.

IN THE HIGH (JOURT OF JUDIOATURE AT BOMBAY


Protkonotary and senior Master.



NO. 131

IN THE HIGH OOURT OF JUDICATUREATBOMBAY

TSSTAMI!NTARY AAD INTESTATE JURISDICTION

- PETITION No. OF 19


- -.- ...- -. . . . . . . . . . . . . . . . . u . . . . . . . . .. Executor/Adxninistrator/Succession Certificate Holder(owyin the case cf failure to fileaccounts).

1ake notice that you are hereby required to appear before the Judge hearingtestamentary matters in Chambers on the~.. . . . . . . . . . . day of.. . . . . . . . . . . . . . .19at 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 creditsofthe abovenamed 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 handsand the manner in which they have been applied or disposed of and,

Take further notice that in default of appearance, the Gourt may pass

order against you as it may deem fit ; ,

such

Witness Chief Justice

aforesaid, this, day of ~ 19 .at Bombay

Prothonotary and Senior MaSter.

Sealer

The ~ day of...u 19 .

Advocate for ~.--..:-.-

Citation tfile inyentIY and accunt



CertificateoffilinginventDry

and account

No. 132

IN .THE IDGHCOURT OF JUDICATURE AT BOMBAY

TESTAMENTARYAND . INTESTATB JURISDICTION

PETrrION No. OF 19 .


I, ~..' , Prothonotary and Senior Master 'of theHigh Court of Judicature at Bombay,do herebycertifythat on the .. ........dayQf. . . . . . . . . . . . . . . . 19' an inventory and account ofthe property and creditsof , 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 hasbeen passed. .",

Prothonotar)' and Senior Master.



Celtificateof amehdedvalue of tbeestate to beforward"d

to theSupeindentof stamps.

No. 133

IN THE IDGH COURT OF JUDICATURE AT BOMBAY


PEtITION No. OF 19 .


I,. . .. . . . . . . . . . . .. . . .. . . . .. . .. .. . . .;. .. .., Prothonotary and Senior Master

of the High Gourt of Judicature at Bombay, do hereby certify that the propertyand credits of the abovena~ed deceasedoriginallyvalued at Rupeesby 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 .




Noticeunder seC360 anb 3of the

Indian su. essionAc

Notice is hereb} given tl1at all persons having claims against the estate of the (Rule.43abovenamed ' d'Oceased,who died at....................

onoraboutthe dayof 19 and probate of whose.Will or letters of administration (with copy of tl e Will annexed) of whose e:tate] ,

. India .

haVIngeffectthroughout the St t f M h ht' was(or were)granted 01' tbee 0 a aras ra

dayof 19 to , are hereby.d d

.h.I.

h.dexecutor

h ffi frequIre to sen lQt elf c alms to t e Sal d . . t t at t e 0 ce 0 ........mlllISra or ,his Advocate,within one calendar month from the date of hereof, on tre expiry of

h. ..

h.d

executor .11h d

'

h 1.. . I dW lch t1me t e sal dm" t t WI an over t e assets to tLe persons enbt eInISra or

hereto having regard on~ytc tm claims ofwbich he shall then have notice.

Datedthis dayof 19.

No. 134

IN THE mGH COURT OF JUDICATURE AT BOMBAY

TBsTAMENTARY AND INTESTATE JURISDICTION

PEnnoN No. . OF 19.


Advocate for

.Executor/Administrator.

Address



No. 135

FORMS OF OATRS OR AFFIRMATIONS

PRESCRIBED BY THE OATHS ACT 1969, ARE REPRODUCED REREU~DER Oatils or

affirmationWitnesses :--

swear in tbe name of God

I do - - ~ - - - - - - - - - tbat wbat I scalI state shall be truth, the wholesolemnly 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 deliverancesolemnly affirm

make between the State and the prisoner(s) at the bar, ""horn I shall have in chargeand a true verdict give according t0. the evidence. \. '.

Interpreters:- ,


I do - - that I will well and truly interpret and explainsolemnly 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

Ido ~ that tbis m)' name and signature (or malk)solemnly affirm

and t~~! the t::ontents of this my affidavit are trpe,



1INo.136

Notice under section 21 of the Company Secretaries Act, 1980

(Rule 1058)


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 CompanySecretaries 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 Courtits 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 arerequired 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 anAdvocate, 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 SecretarAct, 1980 (Act ~o.. 56 of1980) ;'

And'

[n'thematterof

. a:Member of the Institute of CompaSecretaries of India.

. . . . . ... ~. . . . . . . . .APPELLANT.,

.,

To.

The Secretary of Ihe Coundi 01t he lrdlit\U~of Company S'~;rt~hl]'k~1f Inub.

. '

WHEREAS the API'~'ILij]l .dllhC named has filed in this ,Court an Appeal agaithe Order dated the. . . , . . . . . . , .' duy of . .. . . . . . . . . . . . .. 19. . . . . .of the Couof the hlstitute of ,CO~"'l}>.1'ny~ctetarjc!i of India. .

You are required 1.0forward to the Prothonotary and Seniqr Master, within tweeks from the date or sc:nicc of this Node:: upon you. the findings of the Coun,and jlll the other do(~..mwl1tsmentioned in Rule 1057(1) .of the Rules of the HCourt (Original Side) a.ndthe extra eOI)iesreferred to,in sub-rule (3) of the said Ruland .,'

NOW TAKE NOTICE Ihat th~ AppealwiUbe placed for hearing before a DivisBench of this c.ourt 011 the , 'd.s) of , '. 1911O'Clock in the forenoon, when you arc l\;quh'edJo appear 'either in person or

an Advocate entitled to practis.e in this, Court.'

, ,

.

AND TAKE FURTHER NOTICE that in default of your appearanceeithepersonor byan Advocate,the Appealwil1be heard and determinedin yourabsen. ' , ".

,Dated this ,...,.. day of ; 19 .......

,Prothonotary and Senior ,Master.



No. 138

Notice under section 30 of the company Secretaries Act, 1980

(Rule 1058)


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 CompanySecretaries of India;

(2) The Secretary of the Council of

the Institute of CompanySecretaries 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 againstthe Order dated………… day of……….. 19 . of the Council of the Institute of Company

Secretaries of India;

Documents

Bombay High Court Original Side Forms