VARIOUS FORMS DESCRIPTION FOR LAW INTERNS

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VARIOUS FORMS DESCRIPTION FOR LAW INTERNS

CAUSE LIST FORMS

The specimen of cause list bears Civil Form No. 250. The said form is used in every court which shows the list of cases fixed for that particular day for which the said cause list is prepared. Every court prepares that cause list of cases fixed for hearing every day. In cause list, the name of the court and date for which the cases are to be heard or fixed in the said cause list form. After mentioning the cases, it must be signed by the Reader or any other official of the court duly authorised for the same.

INDEX FORM

The specimen of Index Form is pasted in front of this page. This is a civil Form No. 177 used in the Courts. The said form is used in every case files of the court. The said form is filled by the concerned official dealing with the case file and after the completion it is attached with the case file of every papers/documents attached with the case file. It is to be filled as per the columns given. As and when the case is decided by the court, the said index is necessary to be attached with that case file and duly completed in all respect, it is to be signed by the concerned Ahalmad of the court and case file is submitted to the concerned Record Room for consignment. The index contains all the details of the papers/documents attached with the case file.

ORDER SHEET

Order Sheet form bears No. 305. The said order sheet form is always used in every court. As and when the case is presented/filed in any court, the Judge has to pass the order. The said order is passed or written in the order sheet. The order sheet shows the progress of the case file or the compliance to be complied with by the party concerned as per the order passed by the court written in the order sheet of the concerned case file. The order sheet contains the case No. and nature of the case, name of the court and titles of the case. The order sheet must be signed by the Presiding Officer of the court.

SUMMONS TO DEFENDANT

This Form bears No. 3. It is the specimen of summons to defendant. As and when the case is presented in the court, the court orders to issue process against the defendant. Ther said process is issued against the defendant under Order V of Civil Procedure Code, 1908 (CPC) in the shape of Summons. This is called Summons to defendant. In the said form, it must contains the name of the court, case No. , title of the parties, name of the defendant against whom it is issued, date and time of hearing date on which it is issued. There must be a seal of the court in the summons and it must be signed by the Judge or officer authorised by the Judge.

FORM FOR FILING PETITION UNDER MOTOR ACCIDENT CLAIM BEFORE MACT (MOTOR ACCIDENTS CLAIM TRIBUNAL)

The said form is called petition under motor accident claims. This form is in the shape of petition and it is used for claiming the compensation against respondent by the injured person or LRs of the deceased in a motor accident. This petition for claim is filed under saection 16 of Motor Vehicle Act. It contains 25 columns which are necessary for the petitioner to fill up the same. It also contains name of the Tribunal, Petition No. Name and Full Particulars of Parties i.e. Petitioner and Respondent. It must be signed by the petitioner and his conusel. It shows the amount which is claimed by the petitioner from the owner, Driver or insurance company of vehicle involved in the accident. It contains all the relevant information of all the parties and accident in question. It is presented before the motor accident claim tribunal of the Distt. Most probably it is the Hon’ble Distt. & Session Jusdge who is empowered to try such cases under MACT.

NOTICE IN RENT CASES

This form bears mark of E. Specimen of notice which is always issued in Rent cases a where the miscellaneous application is filed with the Rent Petition. It is to be issued to the responde4nt by the concerned Rent Controller. It contains CMA No. , name of the parties, date of hearing and place and date of issuing the said notice. It must be signed by the authority issuing it.

SUMMONS TO RESPONDENT IN RENT CASES

This form bears marking of Schedule-II and is used in rent cases. It is issued by the Rent Controller against the tenant/respondent, where recovery of possession of premises is prayed for on the ground of a bonafide requirement under sub clause (iii) of clause (a) of sub clause (3) of section 14 or section 15, Rent Control Act. It must contains the name of the tenant and his full address and name of the applicant/petitioner, date of issuing the summon. It must be signed by the authority concerned i.e. Rent Controller or officer duly authorised.

NOTICE UNDER HINDU MARRIAGE ACT FORM NO. 11

Form is issued under section 13 of Hindu Marriage Act. It is issued under form No. 11 (HMA) against the respondent. It contains the name of the court, petition Nnumer, title of the case, full address of respondent, next date of hearing, date on which the notice issued. It also contains the seal and signature of the District Judge concerned, as the case pertains under Hindu Marriage Act and tried by the Distt. Judge.

NOTICE REGARDING CHANGE OF DATE

It bears Form No. 134 B on the top of form and is used in the court as and when court wants to change the date of the case already given to the parties. The court issue the said notice to the both parties mentioning the next date of hearing or fixed in the line of date already conveyed to the parties. In the said notice, it must contain the name of the court, case No. parties name/name of parties/persons to whom it is issued, earlier date and next date of hearing fixed in the case and the date on which the said notice has been issued. It must be signed by the officer authorised for the purpose.

NOTICE TO RESPONDENT IN APPEAL

Known as Form No. 134 and is used in appellate court in appeal cases. As and when the appeal is filed the court issue the notice to the respondent. It must contain the name of the court, appeal Number, Name of the parties, name and address of the respondent against whom it is issued. It must contain the time. The date on which it is issued must be mentioned. It must be signed by the P.O. or Officer authorised for the purpose. The seal of the Court must be affixed.

NOTICE TO GUARDIAN OF MINOR

The said form is a notice which is issued by the court to the guardian of the minor defendant in the pending suit. It is issued to the nearer relative of the minor defendant or to the next friend of the minor defendant. It is the direction to the said guardian to appear in the court on the date and time given by the court, failing which the next friend is appointed as a guardian by the court. It contains the name of the court, case No, parties name, name and address of guardians, date of hearing and date of issuance of notice. It must be signed by the Presiding Officer alongwith seal of the court.

SUMMON TO LRs (Legal Representatives)

It is known as civil form No. 6 and it is a summon to legal representative. The said summons is issued whens the defendant is died in a pending case. When an application under order 22 rule 4 of CPC is filed and court allows the same, then summons are issued to the LRs of the defendant in order to de3fend the case. It must contain the name of the court, case No. , title of case and name and address of the LR., date of filing of the suit and next date fixed in case., it must contain the date on which it is issued. It must contgain the seal of the court and sign of the P.O.

PROCLAMATION U/o 5, RULE 20 Civil Procedure Code, 1908 (CPC)

It is issued by the court when the defendant fails or avoid the service of summons issued by the court. When the court is satisfied that the defendant cannot be served by an ordinary process of service, then it is issued. The said proclamation u/o 5 Rule 20 CPC. The substitute service of the defendant to compel him to appear in the court on the date, time and place given in the proclamation. It is published in the daily news papers, published in the locality where the defendant ordinarily resides. One month period is given in the proclamation. It must be signed by the judge concerned.

SUMMONS TO WITNESS

The said form beard No. 14 and pertains to civil side of case. It is a form of summons to witness in civil cases u /o 16 of the No. It contains name of the court, parties name, case No. , name of the witness, date and time of date fixed in the summons, date of issuing the said summons, record if any required by the court to be brought to the witness, diet money if any sent alongwith the summons seal of the court and is duly signed by the Judge or by any officer duly authorized for the same.

WARRANT OF ARREST OF WITNESS

This form bears No. 17 and is known as civil form. It is also called the warrant of arrest of witness. The said warrant is issued against the witness by the court when it is found to the satisfaction of the court that the concerned witness is avoiding the service of summons or the summons duly served upon to him and despite that he failed to appear in the court on the date fixed by the court on the served summon. The said warrant contains the name of the court and parties, case No. name of the witness, next date of hearing, date on which the same is issued, seal and sign of the judge. It is always addressed toa the Bailiff of the court for executing the service of person mentioned on the warrant in question.

NOTICE UNDER ORDER XVI RULE 12 OF CPC

It is issued against the witness who remains absent in the court despite service of summons. Under the provision of order XVI Rule 12 of CPC. The witness is required to show cause for the failure to attend the court. The said notice contains, Name of the court, parties name, case No. name of the person against whom the same is being issued. Previous date on the witness was absent, next date of hearing and dater on which the notice is issued. It contains the seal of the court and signatures of the judge concerned.

NOTICE IN EXECUTION

The form is known as form No. 61 under order XXI Rule 22 of No. The said notice is issued against the judgment debtor directing him to file objection if any regarding the execution petition filed by the decree holder. The said notice contains name of the court, civil suit No. under which the decree has been passed, execution petition No, parties name, name of the Judgement Debtor, next date of hearing, date on which the said notice is issued. It must be signed by the P.O. or any officer dully authorized. Seal of the court is also affixed in the said notice.

WARRANT OF ARREST IN EXECUTION

The form bears No. 67 & it is issued against the Judgement Debtor in execution when the J.D.fails to pay the amount involved in the decree or execution petition. It contains name of the court, execution petition No, name of the parties, amount involved name and address of J.D., next date of hearing, seal and signature of judge. It is always addressed to the Bailiff of the court or any other officer of the court duly authorised for the execution of the same.

WARRANT OF ATTACHMENT OF SALARY

Called Form No. 75 of civil nature. The said form is also called the warrant of attachment of salary of a public officer or servant. It is issued in execution petition against the J.D. when J.D. (judgment debtor) fails to pay the amount decree by the court. It is an order to the concerned DDO of the said JD if he is in Government service and drawing monthly salary, with direction to attach the salary of J.D., and remit in monthly installments to the court in order to realise the amount of execution petition and to pay the same to the D.H. (decree holder). It contains the name of the court, parties name, case No. name or designation of the DDO concerned, amount to be realised, and date of issuing the said order. It must be signed by the Judge concerned with seal of the court.

WARRANT OF POSSESSION OF LAND ETC.

Called as Form No. 65 of Civil side. It is issued in execution petition against the J.D. It is executed through the Bailiff of the court or any other officer duly authorised by the court. It relates to the landed PROPERTY ETC. It contains name of the court, parties name, civil suit No. miscellaneous (misc) No. description of property to be given in possession to the DH, date of issuing of said warrant. It must be signed by the Judge concerned.

WARRANT OF ATTACHMENT OF MOVABLE PROPERTY

The specimen finds mention of Form No. 62 at its top and is called warrant of attachment of movable property of the JD. It is issued in execution petition when the DH files the petition under order XXI against the JD. Through this warrant property of JD as per list given by the DH. It is attached by the court in order to realise the amount involved in the execution petition. It contains name of the court, civil suit No. , execution petition No, amount, property i.e. movable property of JD, date of hearing in the case, date on which the warrant is issued, seal and signature of the Judge.

LIST OF ARTICLES GIVEN ON SAPURDARI

Form No. 295. Used by the court when the articles of JD are attached in execution and handed over to the sapurdar on Sapurdari. Sapurdar is a person who agrees to receive the articles attached in execution proceedings and keeps the same in safe custody. It contains name of the court, execution No, name and address of JD, DH and Sapurdar, witness, date on which the same articles are given in sapurdari.

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FORM REGARDING SENDING DECREE TO ANOTHER COURT FOR EXECUTION.

Civil Form No. 57, used by court u/o xxi Rule 6 of CPC when the decree is sent for execution to another court. It contains the case No, title of the case, name of the court sending the decree and name of the court to whom the decree is sent for execution, alongwith copy of decree, order and certificate of non-satisfaction. It must be signed by the Judge concerned alongwith seal of the court.

WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY

Civil Form No. 100 which is also called the warrant of attachment of immovable property in execution of a decree for money. It is issued by the court in execution of decree against the JD for the satisfaction of money involved in the execution petition filed by the decree holder. It contains the name of the court, C.S.No. , Ex.No. Parties Name and address, amount of decree and cosat if any, date of return of warrant, date of issuing the same, seal and signature of Judge concerned. It is addressed to the Bailiff of the court for execution.

WARRANT OF SALE OF ROPERTY IN EXECUTION OF A DECREE FOR MONEY

Civil Form No. 43, also called warrant of auction or sale of property. It is issuaed by the court when the property is alreaqdy attached by the court and after attachment the warrant of sale is issued. It contains the name of the court, c.s.and execution No. , title of the case, the date of auction, sale fixed, date of return, amount involved, seal of the court alongwith signature of the concerned judge.

SEARCH WARRANT

This form is criminal form No. 12 also called the search warrant of the accused. It is issued by the court on application for search warrant by the Police or any person. It contains the name of the court, name of the parties names and address of the person is to be searched and place of search. It is to be addressed to the persons or the officers concerned who makes application for the search. It contains date of issuance, seal of the courts and signature of the magistrate concerned.

Notice to Surety to produce the accused

This form is a notice to surety to produce the accused. It is issued by the court against the surety with direction to produce the accused person for whom he stood the surety as the accused remained absent in the court. When the accused fails to put his appearance in the court on the date fixed then the said notice is issued against the surety of the accused. It contains names of the court, title of the case and case No. , FIR with concerned sections of the act, address of the surety, next date, seal and signature of the magistrate.

Notice under Criminal Procedure Code, 1973 (CrPC) – Section 446 Cr.PC to the accused

It is issued against the accused in proceedings u/s 446 Cr. P.C. when accused fails to appears in the court and the court orders to cancel and forfeit the amount of personal bond executed by the accused. It contains the name of the court, case No. , FIR No. , Police Station, title of the case, address of the accused, date on which accused remained absent, amount of bond, next date, date of issuing notice, seal and signature of the court.

Notice under Criminal Procedure Code, 1973 (CrPC) – Section 446 against surety

This notice is u/s 446 Cr. PC is issued by the concerned court against the surety with direction to produce the accused on the next date of hearing and to show cause as to why the amount of surety bond be not recovered from surety in accordance with the law. It contains the name of the court, main case No. Cr. Miscellaneous Petition No. , FIR No. Police Station, concerned section of Act, name and address of the surety, amount of surety bond, next date, date on which accused was absent, seal and signature of the court.

Warrant of Arrest against accused

It is called criminal form No. iv which also known as warrant of arrest against an accused. It is issued against an accused when the accused fails to appear in the court despite the service of summon or otherwise. It contains two parts. 1st part is called warrant of arrest whereas the second part is called bailable warrant where the provision if allowed by the magistrate concerned to furnish a personal bond as well as surety bond in favour of the accused. If the accused furnished the same as directed by the court, then accused can be released on bail. If he fails to comply with the directions, he is ordered to be arrested. It contains name of the parties, court’s name, case No. , FIR No. , concerned section etc., name of the accused and his full address, date of return, date of issuing the warrant, amount of bail bonds, if any. It must be signed by the magistrate with seal of the court.

Warrant of attachment against surety

It is called criminal form No. 72 which is also known as warrant of attachment against surety. It is issued against surety for attaching his property, when he fails to produce the accused to whom he has given the surety. The property in the nature of moveable is attached to the extent of an amount of surety bond. It contains the name of the court, case title, amount of surety bond, full address of surety/respondent and place of his property where the same is situated. The warrant must bear the date of issuance and seal of the court and signature of the magistrate concerned.

Proclamation under Section 82 of the Criminal Procedure Code, 1973 (CrPC) against an accused

The Proclamation is issued against an accused when it is found to the satisfaction of the court concerned that the accused concerned could not be found or has absconded and is concealed himself to avoid the service of summon or warrant. Through this proclamation the accused is required to appear before or on the date fixed in the form. It contains name of court, case No. ., FIR No. , Police Station, provision of concerned section of act, date fixed in the case, address of the accused. It must be signed by the concerned magistrate. It must contain seal of the court issuing proclamation. Its copies are affixed at the conspicuous place, house of the accused and in the notice board of the court. It is also published in the local newspapers. One month time is necessary for the service of said proclamation.

Proclamation under section 87 Cr. PC against an accused

This form is called as Cr. Form No. 6 and is issued against an accused who is absconding or cannot be found. Through this proclamation the accused is required to appear in the same manner as is in case of proclamation u/s 82 Cr. P.C. It contains name of the court, case title, case or FIR No. , Police Station, concerned section, offence, address of the accused, date of hearing, date of issuance, seal and signature of the court.

Warrant of imprisonment on failure to pay maintenance

It is called Cr. form No. 64 Vol.-vi (Part-B) u/s 488 of Cr. PC. It is in the form of a warrant against a person who fails to obey the orders of the court in order to pay the maintenance to his wife, children and parents or otherwise. It contains the name of the court, name of the person to be imprisoned, amount involved, period of which maintenance has not been paid, period of imprisonment, date of issuance, seal and signature of the magistrate. It is addressed to the SP (Jail) concerned with a direction to receive the person.

Challan Form u/s 173 Cr. P.C.

It is also known as Police challan and is issued by the Police in order to submit the same u/s 173 Cr. P.C. When the investigation is complete, the Police files the challan against the accused before the court for trial. Therefore, it is generally called “Police Challan”. It contains 20 columns which are required to be filled in up by the Investigating Officer/SHO concerned and after completion of investigation, the challan form is submitted or put up before the court concerned through the Public Prosecutor. Full particulars of complainant and accused, witnesses and offences are given in the said form. Apart from the above, full information is necessary to be given as per columns of the form. It must be signed by the in-charge of concerned police station as well as by IO before submission of the same in the court.

Summons to witness

It is a criminal form No. 41 known as summons to witness. When the charge is framed against an accused, thereafter prosecution evidence is required to be examined by the court to prove the case. The said form or summon is issued to the witness of prosecution to give evidence. It contains name of the court, case No. , title of the case, concerned section, name and address of witness concerned, date fixed for appearance, date of issuance of summons, seal and signature of the magistrate.

Notice u/s 350 Cr.PC against witness

The notice u/s 35 Cr. P.C. is issued against a witness when he/she fails to appear in the court despite service of summons. Through this notice, he is required to show the reasons of his absence. It contains name of the court, case No. , title of the case, concerned section, name and address of witness concerned, date of absence, date fixed for appearance, date of issuance of summons, seal and signature of the magistrate.

Warrant against witness.

The warrant is issued against the witness, when the witness fails to appear in the court despite service of the summons. Through this warrant of arrest, the witness is compelled to give the evidence. This warrant contains two parts, First part is the order for arresting the witness and second part is related to furnish the personal and surety bonds of the witness concerned, if court orders to do so. It contains name of the court, case No. , title of the case, concerned section, name and address of witness concerned, date fixed for appearance, date of issuance of warrant, seal and signature of the magistrate. In the second part it contains the amount of personal and surety bond to be furnished by the witness concerned.

Form No. 268 – court attendance certificate.

It is issued by the court concerned to the witness whose attendance is required and who appears in the court for giving evidence. It contains name of the court, case No. , title of the case, concerned section, name and address of witness concerned, days of appearance, diet money if paid to him, date of issuance of summons, seal and signature of the magistrate.

Challan Form

This form is used in case of decided cases. Through this form, decided case files are sent or consigned to the record room. It contains serial No. case No, title of the case, nature, date of institution of case and date of decision, number of pages, name of the court, month, whether civil or criminal appeal, files which are decided by the court are mentioned in the said challan and thereafter the same is sent to the record room concerned along with the decided files.

CDI Form/Nakal Farm or Application for obtaining copies

It is used for applying for certified or uncertified copies of any orders or document of the case file pending or decided by the court. The said form is to be filled by the person concerned who wants to obtain the copies in question and the same is submitted in the court which is allowed by the Judge or magistrate of the court concerned, if the case is pending. But when the case is already been decided then there is no need for allowing the application from the judge or magistrate concerned. The requisite fee as per rules is to be paid in the shape of court fee stamps. As per rules, application fee is fixed @ 40 Paise and One Rupee per page. It contains 18 columns which must be filled in up by the applicant. It must be signed by the applicant.

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Address Form

This form is also known as Form Patta. It is submitted by either of the parties in civil case. It clearly shows the addresses of Plaintiff/Defendant, where he /she permanently resides. It contains the name and address of the court, title of the case, suit or case, date of presentation, name and full address of the applicant. It is signed by the parties concerned.

Vakalatnama/Power of Attorney

This form is required to be filled in up by the party concerned before filing the case. In the vakalatnama, whether the party is plaintiff/defendant, he/she has to appoint an advocate of his choice to appear, act and plead in the case before any court. It is signed by the party concerned and thereafter it is accepted by the advocate concerned It also contains the name of the court, case title, name of the party, name of advocate, fee paid or balance, date on which the said vakalatnama is signed. It must be signed by the party and the advocate as per rules worth court fees above Rs. 6/- or 13/- is offered in vakalatnama alongwith stamps of Rs. 10/- for the Advocate Welfare Fund.

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Bail Bonds Form

This form is also surety bond form. When an application under section 437, 438 or 439 filed on behalf on the accused the court order to release him on furnishing personal and surety bonds to the satisfaction to the court concerned and directs the accused to furnish the personal to the tune of Rs. As directed. All the conditions which are fixed by the court are mentioned on the said bonds. This form contains two parts. First part is related to the personal bond of the accused and the 2nd part is related to his surety. Each part is filled in order as per court’s order. Each bond must be signed by the accused and surety related to him. It must be signed by the witness on whose presence surety given or furnished, it must be attested and accepted by the concerned judge or magistrate. Along with this bond, an affidavit is also attached which mentions about the property of the surety concerned. The said affidavit must be attested by the Oath Commissioner. The said bond contains the name of the court, case title, concerned section, name and full address of the accused, amount of personal bond, date of furnishing bond, name and address of the surety, amount of surety bond. Court fee of Rs.1.25/- is affixed on the said bond.

List of Documents

This form is used by an Advocate for filing the document in pending cases. It may be filled by the plaintiff or defendant in order to file the document to support their case. The document shown are always attached with it. It is just the index of document which shows that such document is attached with the list. It contains name of the court, case title, concerned section, nature of the case, date of presentation, serial No. , particulars of documents and date, supporting effect of the document, if attached with the file then what is the No. of the same if it is returned to them, name of the advocate to whom it has been returned, remarks. It must be signed by the advocate concerned.

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Process Fee (Fard Talwana)

This form is used for the service of defendants, witness or to any other person required to be presented in the court. When the case is filed in any court, then other party is ordered to be summoned by the court. Therefore, this Talwana Fard is required by the court to be filled by the party who wants to summon other party or witness. It is also used for issuance of summons, notice, warrants or any other process in civil as well as in criminal cases. It is also used for the service of witness or any type of warrants. As per rules each talwana fard requires to be affixed with court fees of Rs.0.75 only for the service of defendant up to 3 defendants and thereafter Rs.0.35 paise for the service of the each defendants. Any witness can be summoned for filing court fee in talwana of Rs.1 and any type of warrant can be issued in a civil case on filing talwana of Rs. 3/- for each warrant. It can be used by both the parties in a case. It contains name of the court, party’s name, nature of the case, date of hearing, date of filing the case, name of person by whom it is filed, purpose of filing, amount of Court fee affixed. It must be signed by the person, filing the same.

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CAUSE LIST FORMS

The specimen of cause list bears Civil Form No. 250. The said form is used in every court which shows the list of cases fixed for that particular day for which the said cause list is prepared. Every court prepares that cause list of cases fixed for hearing every day. In cause list, the name of the court and date for which the cases are to be heard or fixed in the said cause list form. After mentioning the cases, it must be signed by the Reader or any other official of the court duly authorised for the same.

INDEX FORM

The specimen of Index Form is pasted in front of this page.

This is a civil Form No. 177 used in the Courts. The said form is used in every case files of the court. The said form is filled by the concerned official dealing with the case file and after the completion it is attached with the case file of every papers/documents attached with the case file. It is to be filled as per the columns given. As and when the case is decided by the court, the said index is necessary to be attached with that case file and duly completed in all respect, it is to be signed by the concerned Ahalmad of the court and case file is submitted to the concerned Record Room for consignment. The index contains all the details of the papers/documents attached with the case file.

ORDER SHEET

Order Sheet form bears No. 305. The said order sheet form is always used in every court. As and when the case is presented/filed in any court, the Judge has to pass the order. The said order is passed or written in the order sheet. The order sheet shows the progress of the case file or the compliance to be complied with by the party concerned as per the order passed by the court written in the order sheet of the concerned case file. The order sheet contains the case No. and nature of the case, name of the court and titles of the case. The order sheet must be signed by the Presiding Officer of the court.

SUMMONS TO DEFENDANT

This Form bears No. 3. It is the specimen of summons to defendant. As and when the case is presented in the court, the court orders to issue process against the defendant. Ther said process is issued against the defendant under Order V of CPC in the shape of Summons. This is called Summons to defendant. In the said form, it must contains the name of the court, case No. , title of the parties, name of the defendant against whom it is issued, date and time of hearing date on which it is issued. There must be a seal of the court in the summons and it must be signed by the Judge or officer authorised by the Judge.

FORM FOR FILING PETITION UNDER MOTOR ACCIDENT CLAIM BEFORE M.A.C.T.

The said form is called petition under motor accident claims. This form is in the shape of petition and it is used for claiming the compensation against respondent by the injured person or LRs of the deceased in a motor accident. This petition for claim is filed under section 16 of Motor Vehicle Act. It contains 25 columns which are necessary for the petitioner to fill up the same. It also contains name of the Tribunal, Petition No. Name and Full Particulars of Parties i.e. Petitioner and Respondent. It must be signed by the petitioner and his counsel. It shows the amount which is claimed by the petitioner from the owner, Driver or insurance company of vehicle involved in the accident. It contains all the relevant information of all the parties and accident in question. It is presented before the motor accident claim tribunal of the Distt. Most probably it is the Hon’ble Distt. & Session Judge who is empowered to try such cases under MACT.

NOTICE IN RENT CASES

This form bears mark of E. Specimen of notice which is always issued in Rent cases where the miscellaneous application is filed with the Rent Petition. It is to be issued to the responde4nt by the concerned Rent Controller. It contains CMA No. name of the parties, date of hearing and place and date of issuing the said notice. It must be signed by the authority issuing it.

SUMMONS TO RESPONDENT IN RENT CASES

This form bears marking of Schedule-II and is used in rent cases. It is issued by the Rent Controller against the tenant/respondent, where recovery of possession of premises is prayed for on the ground of a bonafide requirement under sub clause (iii) of clause (a) of sub clause (3) of section 14 or section 15, Rent Control Act. It must contains the name of the tenant and his full address and name of the applicant/petitioner, date of issuing the summon. It must be signed by the authority concerned i.e. Rent Controller or officer duly authorised.

NOTICE UNDER HINDU MARRIAGE ACT FORM NO. 11

Form is issued under section 13 of Hindu Marriage Act. It is issued under form No. 11 (HMA) against the respondent. It contains the name of the court, petition No. , title of the case, full address of respondent, next date of hearing, date on which the notrice issued. It also contains the seal and signature of the Distt. Judge concerned, as the case pertains under Hindu Marriage Act and tried by the District Judge.

NOTICE REGARDING CHANGE OF DATE

It bears Form No. 134 B on the top of form and is used in the court as and when court wants to change the date of the case already given to the parties. The court issue the said notice to the both parties mentioning the next date of hearing or fixed in the line of date already conveyed to the parties. In the said notice, it must contain the name of the court, case No. parties name/name of parties/persons to whom it is issued, earlier date and next date of hearing fixed in the case and the date on which the said notice has been issued. It must be signed by the officer authorised for the purpose.

NOTICE TO RESPONDENT IN APPEAL

Known as Form No. 134 and is used in appellate court in appeal cases. As and when the appeal is filed the court issue the notice to the respondent. It must contain the name of the court, appeal No. Name of the parties, name and address of the respondent against whom it is issued. It must contain the time. The date on which it is issued must be mentioned. It must be signed by the P.O. or Officer authorised for the purpose. The seal of the Court must be affixed.

NOTICE TO GUARDIAN OF MINOR

The said form is a notice which is issued by the court to the guardian of the minor defendant in the pending suit. It is issued to the nearer relative of the minor defendant or to the next friend of the minor defendant. It is the direction to the said guardian to apear in the court on the date and time given by the court, failing which the next friend is appointed as a guardian by the court. It contains the name of the court, case No, parties name, name and address of gu ardians, date of hearing and date of issuance of notice. It must be signed by the Presiding Officer alongwith seal of the court.

SUMMON TO LRs

It is known as civil form No. 6 and it is a summon to legal representative. The said summons is issued whens the defendant is died in a pending case. When an application under order 22 rule 4 of CPC is filed and court allows the same, then summons are issued to the LRs of the defendant in order to de3fend the case. It must contain the name of the court, case No. , title of case and name and address of the LR., date of filing of the suit and next date fixed in case., it must contain the date on which it is issued. It must contain the seal of the court and sign of the P.O.

PROCLAMATION U/o 5, RULE 20 CPC

It is issued by the court when the defendant fails or avoid the service of summons issued by the court. When the court is satisfied that the defendant cannot be served by an ordinary process of service, then it is issued. The said proclamation u/o 5 Rule 20 CPC. The substitute service of the defendant to compel him to appear in the court on the date, time and place given in the proclamation. It is published in the daily news pape3rs, published in the locality where the defendant ordinarily resides. One month period is given in the proclamation. It must be signed by the judge concerned.

SUMMONS TO WITNESS

The said form beard No. 14 and pertains to civil side of case. It is a form of summons to witness in civil cases u /o 16 of the CPC. It contains name of the court, parties name, case No. , name of the witness, date and time of date fixed in the summons, date of issuing the said summons, record if any required by the court to be brought to the witness, diet money if any sent alongwith the summons seal of the court and is duly signed by the Judge or by any officer duly authorised for the same.

WARRANT OF ARREST OF WITNESS

This form bears No. 17 and is known as civil form. It is also called the warrant of arrest of witness. The said warrant is issued against the witness by the court when it is found to the satisfaction of the court that the concerned witness is avoiding the service of summons or the summons duly served upon to him and despite that he failed to appear in the court on the date fixed by the court on the served summon.

The said warrant contains the name of the court and parties, case No. name of the witness, next date of hearing, date on which the same is issued, seal and sign of the judge. It is always addressed toa the Bailiff of the court for executing the service of person mentioned on the warrant in question.

NOTICE UNDER ORDER XVI RULE 12 OF CPC

It is issued against the witness who remains absent in the court despite service of summons. Under the provision of order XVI Rule 12 of No.

The witness is requried to show cause for the failure to attend the court. The said notice contains, Name of the court, parties name, case No. , name of the person against whom the same is being issued. Previous date on the witness was absent, next date of hearing and dater on which the notice is issued. It contains the seal of the court and signatures of the judge concerned.

NOTICE IN EXECUTION

The form is known as form No. 61 under order XXI Rule 22 of CPC. The said notice is issued against the judgement debtor directing him to file objection if any regarding the execution petition filed by the decree holder. The said notice contains name of the court, civil suit No. under which the decree has been passed, execution petition No, parties name, name of the Judgement Debtor, next date of hearing, date on which the said notice is issued. It must be signed by the P.O. or any officer dully authorised. Seal of the court is also affixed in the said notice.

WARRANT OF ARREST IN EXECUTION

The form bears No. 67 & it is issued against the Judgement Debtor in execution when the J.D. fails to pay the amount involved in the decree or execution petition. It contains name of the court, execution petition No, name of the parties, amount involved name and address of J.D., next date of hearing, seal ansd signature of judge. It is always addressed to the Bailiff of the court or any other officer of the court duly uthorized for the execution of the same.

WARRANT OF ATTACHMENT OF SALARY

Called Form No. 75 of civil nature. The said form is also called the warrant of attachment of salary of a public officer or servant. It is issued in execution petition against the J.D. when J.D. fails to pay the amount decree by the court. It is an order to the concerned DDO of the said JD if he is in Govt. service and drawing monthly salary, with direction to attach the salary of J.D., and remit in monthly installments to the court in order to realise the amount of execution petition and to pay the same to the D.H. It contains the name of the court, parties name, case No. , name or designation of the DDO concerned, amount to be realised, and date of issuing the said order. It must be signed by the Judge concerned with seal of the court.

WARRANT OF POSSESSION OF LAND ETC.

Called as Form No. 65 of Civil side. It is issued in execution petition against the J.D. It is executed through the Bailiff of the court or any other officer duly uthorized by the court. It relates to the landed property etc. It contains name of the court, parties name, civil suit No. , misc No. description of property to be given in possession to the DH, date of issuing of said warrant. It must be signed by the Judge concerned.

WARRANT OF ATTACHMENT OF MOVEABLE PROPERTY

The specimen finds mention of Form I 62 at its top and is called warrant of attachment of movable property of the JD. It is issued in execution ealize when the DH files the petition under order XXI against the JD. Through this warrant property of JD as per list given by the DH.

It is attached by the court in order to ealize the amount involved in the execution petition. It contains name of the court, civil suit I , execution petition No, amount, property i.e. movable property of JD, date of hearing in the case, date on which the warrant is issued, seal and signature of the Judge.

LIST OF ARTICLES GIVEN ON SAPURDARI

Form No. 295. Used by the court when the articles of JD are attached in execution and handed over to the sapurdar on Sapurdari. Sapurdar is a person who agrees to receive the articles attached in execution proceedings and keeps the same in safe custody. It contains name of the court, execution No, name and address of JD, DH and Sapurdar, witness, date on which the same articles are given in sapurdari.

FORM REGARDING SENDINGT DECREE TO ANOTHER COURT FOR EXECUTION.

Civil Form No. 57, used by court u/o xxi Rule 6 of CPC when the decree is sent for execution to another court. It contains the case No, title of the case, name of the court sending the decree and name of the court to whom the decree is sent for execution, alongwith copy of decree, order and certificate of non-satisfaction. It must be signed by the Judge concerned alongwith seal of the court.

WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY

Civil Form No. 100 which is also called the warrant of attachment of immovable property in execution of a decree for money. It is issued by the court in execution of decree against the JD for the satisfaction of money involved in the execution petition filed by the decree holder. It contains the name of the court, C.S.No. , Ex.No. Parties Name and address, amount of decree and cosat if any, date of return of warrant, date of issuing the same, seal and signature of Judge concerned. It is addressed to the Bailiff of the court for execution.

WARRANT OF SALE OF ROPERTY IN EXECUTION OF A DECREE FOR MONEY

Civil Form No. 43, also called warrant of auction or sale of property. It is issued by the court when the property is already attached by the court and after attachment the warrant of sale is issued. It contains the name of the court, Civil Suit and execution No. title of the case, the date of auction, sale fixed, date of return, amount involved, seal of the court alongwith signature of the concerned judge.

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