Declaration suit to missing person

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IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION), [DISTRICT]

Suit No. ____ of 20__

[Plaintiff Name], aged about __ years, S/o [Father's Name], R/o [Address] ... Plaintiff

VERSUS

1. The State of [State], through the District Collector, [District].

2. [Name of other legal heirs, if any], R/o [Address].

3. The Station House Officer, [Police Station Name]. ... Defendants

SUIT FOR DECLARATION OF CIVIL DEATH OF A MISSING PERSON UNDER SECTION 108 OF THE INDIAN EVIDENCE ACT, 1872 READ WITH SECTION 34 OF THE SPECIFIC RELIEF ACT, 1963

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is the [relationship] of [Missing Person's Name], who has been missing since [Date of Missing].

2. A missing person report was lodged with the [Police Station Name] on [Date], vide GD Entry No. [Number].

3. The police have issued a certificate dated [Date] confirming that the missing person could not be traced.

4. More than seven years have elapsed since the person went missing, and the Plaintiff has not heard of them, despite all efforts.

5. Under Section 108 of the Indian Evidence Act, 1872, a person unheard of for seven years by those who would naturally have heard of him is presumed to be dead.

PRAYER

It is therefore prayed that this Hon'ble Court may be pleased to:
(a) Pass a decree declaring that [Missing Person's Name] is presumed to be civilly dead;
(b) Award costs of the suit to the Plaintiff.

VERIFICATION: I, [Plaintiff's Name], verify that the contents of the above plaint are true and correct to the best of my knowledge.

PLACE: [Place] DATE: [Date] PLAINTIFF

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