COMMON FORM OF NOTICE IN INTERLOCUTORY APPLICATION UNDER ORDER XXXVIII, OF THE CODE OF CIVIL PROCEDURE, 1908
In the Court of _______________________________
A.B. (add description and residence) _______________________________ Plaintiff
VERSUS
C.D. (add description and residence) _______________________________ Defendant
Take notice that the plaintiff/appellant/defendant/respondent above-named has made an application to the Court under _________ (Provision of law) praying that _______ (set out the prayer in full) and that the pleader on behalf of the applicant will move the Court for an urgent/interim order an ______ (date) at _______, or that the Court on being moved for an interim order has on _______ (date) made such order directing ________ (here enter the exact terms of the interim order) and has further directed that the application be posted for further orders on ___________ (date) _________ after notice to you.
You are required to appear either in person or through pleader on the said date to show cause against the application being granted _______ as prayed for. Please note that in default of your appearing and showing cause as aforesaid, the application will be proceeded with in your absence.
The affidavit/memorandum of facts by ___________ has been filed in support of the application, and a true copy thereof together with a true copy of the application is annexed hereto. :
Date_______________
Pleader of applicant
Administration by Creditor on Behalf of Himself and All Other Creditors
In the Court of _______________________________
A.B. (add description and residence) _______________________________ Plaintiff
VERSUS
C.D. (add description and residence) _______________________________ Defendant
A.B., the above-named plaintiff, states as follows:-
- (E.F.), late of ___________ , was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of ____________ [here insert nature of debt and security, if any].
- F., died on or about the day of __________________by his last will, dated the ___________ day of __________ he appointed CD. his executor [or devised his estate in trust, etc., or died intenstate, as the case may be.]
- The will was proved by CD. [or letters of administration were granted, etc.].
- The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable property of E.F., and has not paid the plaintiff his debt.]
- Facts showing when the cause of action arose and that the Court has jurisdiction.
- The value of the subject matter of the suit for the purpose of jurisdiction is _________ rupees and for the purpose of court fees is _______ rupees.
The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the Court.
Dated :
Plaintiff
Through, Advocate
Verification:
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff
