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  • Petitions & Pleadings / Administration-by-Creditor-on-Behalf-of-Himself-and-All-Other-Creditors

Petitions & Pleadings

Administration by Creditor on Behalf of Himself and All Other Creditors

In the Court of _______________________________

 ___________________(add description and residence) ________________Plaintiff

Versus

______________________(add description and residence) ______________ Defendant

 _________________, the above-named plaintiff, states as follows:-

  1. ____________________, 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].
  2. _______________________, died on or about the day of______________By his last will, dated the__________ day of ________he appointed ____________. his executor [or devised his estate in trust, etc., or died intenstate, as the case may be.]
  3. The will was proved by __________________. [or letters of administration were granted, etc.
  4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable property of ______, and has not paid the plaintiff his debt.
  5. Facts showing when the cause of action arose and that the Court has jurisdiction.
  6. The value of the subject_matter of the suit for the purpose of jurisdiction is______________rupees and for the purpose of courtfees is _______________rupees.

 The plaintiff claims that an account may be taken of the movable [and immovable] property of_________., 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

AFFIDAVIT

 

In the Court of _______________________________ 

 

Petitioner:____________________________ 

                                   Versus

Respondent:____________________________

 

That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit 

That, I am filing an application under Section _________________________________ before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.

 

Place:                                                                                 (Signature)

__________________                                                                          

Date:                                                                                   Deponent

__/__/____                                                                                        


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