Execution of Trusts
In the Court of ......................................
_______ (add description and residence) ...................... Plaintiff
_______(add description and residence) .................... Defendant
________, the above-named plaintiff, states as follows:-
1. He is one of the trustees under an instrument of settlement bearing date on or about the ...... day of...... made upon the marriage of _____ and________, the father and mother of the defendant [or an instrument of transfer of the estate and effects of________- for the benefit of C the defendant, and the other creditors of_____.].
2. ______ has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument.
3. _____ claims to be entitled to a beneficial interest under the instrument.
[i. Facts showing when the cause of action arose and that the Court has jurisdiction. ]
ii. 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.]
6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of the part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of ____, the defendant, and all other persons who may be interested in such administration, in the presence of _______ and such other persons so interested as the Court may direct, or that _____ may show good cause to the contrary.
[N.B.-Where the suit is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint by a legatee.]
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 ________ this ______.
IN THE COURT OF THE CIVIL JUDGE, _____________
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 Order IX Rule 9 of the Code of Civil Procedure, 1908 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.