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Bhaskaran Advocate (Lawyer)     03 July 2019

Civil court application

Application in civil matters we file often on various orders and rules of cpc along with affidavit. How to file an application under order 12 rule 2? Is it different or it is in the same way that we file other application generally as above.   Any posting of format is also appreciable.



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 5 Replies

Javed Ansari (Senior Partner)     03 July 2019

Please refer form 9 in appendix c for the notice and make suitable changes thereto

Bhaskaran Advocate (Lawyer)     03 July 2019

That I referred already, what I need to know is whether notice is sent to the opposite party first and then application is filed or the documents itself in enclosed to the application and submitted to the court for taking action.

Javed Ansari (Senior Partner)     03 July 2019

The notice is required to be sent first

P. Venu (Advocate)     03 July 2019

As the process is to be taken out in a pending suit, an IA, duly supported by an affidavit, could be filed. Copy could be served on the opposit party or his advocate before filing the application in the Court.

Bhaskaran Advocate (Lawyer)     03 July 2019

Please tell if this way of procedure is correct, filing application in this way.

APPLICATION UNDER  SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908  R/W ORDER 12 RULE 2   NOTICE TO ADMIT DOCUMENTS

           The  Applicant/Plaintiff  in the above  case  prays that   for   the  reasons  solemnly  affirmed  to   in   the    accompanying application, this  Hon'ble  Court may be pleased to order the Defendant to take notice that the  Plaintiff in this suit proposes to adduce in evidence the under noted document hereunder specified, and that the same may be inspected by the Defendant before this Hon’ble Court on next date of hearing and the Defendant be hereby required, to admit that such of the said documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, respectively, saying all just exceptions to the admissibility of all such documents as evidence in this suit in the interest of justice and equity.

Documents as hereunder :

//////

Then the Affidavit follows.....as we do always.


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