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Counter Affidavit For Restoration Of A Suit Dismissed For Default

Category : Affidavits Civil

Precedent No 24 COUNTER AFFIDAVIT FOR RESTORATION OF A SUIT DISMISSED FOR DEFAULT BEFORE THE CITY CIVIL COURT Interlocutory Application No In O S No of 20 Applicant Petitioner Vs Respondent COUNTER AFFIDAVIT of W o aged years presently and permanently residing in The deponent abovenamed hereby solemnly affirms and declares as follows 1 The deponent is the respondent in the accompanying Application and the defendant in the Suit referred to above Being well conversant with the facts and circumstances of the present case the deponent is fully competent to swear to this affidavit The deponent will be referred to as the respondent hereinafter 2 There is absolutely no merit substance truth or bona fides in the application for restoration or the affidavit accompanying the same and the respondent categorically denies as untrue incorrect and absolutely baseless all the averments contained therein save and except those which are specifically admitted hereunder 3 Being ...


Under Order Ix Rule 9 Of The Code Of Civil Procedure 1908 Restoration Of Suit Dismissed For Default

Category : Affidavits Civil

Precedent No 5 AFFIDAVIT UNDER ORDER IX RULE 9 OF THE CODE OF CIVIL PROCEDURE 1908 RESTORATION OF SUIT DISMISSED FOR DEFAULT In the Court of Miscellaneous Application No of 20 In Original Suit No of 20 Plaintiff Applicant Vs Defendant Respondent AFFIDAVIT of Shri ST son of aged about years resident of I the abovenamed deponent do solemnly affirm and state as follows 1 That I hold a special Power of Attorney from the Plaintiff for the purpose of prosecuting the abovementioned suit before this Hon ble Court I am acquainted with the facts deposed to below and being so I am fully competent and duly authorised to swear to this affidavit 2 That the suit was listed for final hearing on 20 3 That unfortunately in the morning of the aforesaid day the Plaintiff who is an old infirm man of 67 years fell ill suddenly 4 That I had to take the Plaintiff to the hospital immediately and by the time the deponent arrived before this Hon ble Court the case had already been...


Notice Of Re Sale Of Goods On Buyer's Default 1413

Category : Notices

Notice of Re sale of Goods on Buyer s Default Section 54 clauses 2 and 4 of the Sale of Goods Act 1930 To AB Purchaser Dear Sir I write to you demanding payment of a sum of Rs due by you to me on account of sale and purchase of goods as per account stated below on or before the day of 2005 I hereby also give you notice that the goods purchased by you are lying at your risk at So if you fail and or neglect to make the said payment on or before the said date I shall proceed with the re sale of the goods by public auction on the day of at p m and hold you liable for the shortfall if any on that account as also for all costs charges and expenses incidental thereto and all losses and damages suffered by me Account of the goods purchased above referred to Yours faithfully CD Seller Date...


Preliminary Decree For Redemption Where On Default Of Payment Of Mortgagor A Decree For Foreclosure Is Passed (order Xxxiv, Rule 7) (where Accounts Are Directed To Be Taken

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is hereby ordered and decreed that it be referred to as the Commissioner to take the accounts following i an account of what is due on this date to the defendant for principal and interest on the mortgage mentioned in the plaint such interest to be computed at the rate payable on the principal or where no such rate is fixed at six per cent per annum or at such rate as the Court deems reasonable ii an account of the income of the mortgaged property received up to this date by the defendant or by any other person by order or for the use of the defendant or which without the willful default of the defendant or such person might have been so received iii an account of all sums of money properly incurred by the defendant up to this date for costs charges and expenses other than the costs of the suit in repeat of the mortgage security together with interest thereon such int...


Preliminary Decree For Redemption Where On Default Of Payment By Mortgagor A Decree For Sale Is Passed (order Xxxiv, Rule 7) (where Accounts Are Directed To Be Taken)

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is here by ordered and decreed that that it be referred to as the Commissioner to take the accounts following i an account of what is due on this date to the defendant for principle and interest on the mortgage mentioned in the plaint such interest to be computed at the rate payable on the principle or where no such rate is fixed at six per cent per annum or at such rate as the Court deems reasonable ii an account of the income of the mortgaged property received up to this date by the defendant or by any other person by the order or for the use of the defendant or which without willful default of the defendant or such person might have been so received iii an account of all sums of money properly incurred by the defendant up to this date for costs charges and expenses other than the costs of the suit in respect of the mortgage security together with interests thereon such inte...


Preliminary Decree For Redemption Where On Default Of Payment By Mortgagor A Decree For Sale Is (order Xxxiv, Rule 7) ( Where The Court Declares The Amount Due

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs For principal the sum of Rs For interest on the said principal the sum of Rs For costs charges and expenses other than the costs of the suit properly incurred by the defendant in respect of the mortgage security together with interest thereon and the sum of Rs For the cost of this suit awarded to the defendant making in all the sum of Rs 2 And it is hereby ordered and decreed as follows i that the plaintiff do pay into Court on or before the day of or any later date up to which time the payment may be extended by the Court the said sum of Rs ii that on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs ...


Preliminary Decree For Redemption Where On Default Of Payment By Mortgagor A Decree For Foreclosure Is Passed (order Xxxiv, Rule 7) (where The Court Declares The Amount Due

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this doge of is the sum of Rs For principal the sum of Rs For interest on the said principal the sum of Rs For costs charges and expenses other than the costs of the suit properly incurred by the defendant in respect of the mortgage security together with interest thereon and the sum of Rs For the costs of the suit awarded to the defendant making in all the sum of Rs 2 And it is hereby ordered and decreed as follows i that the plaintiff do pay into Court on or before the day of or any later date up to which time for payment may be extended by the Court the said sum of Rs ii that on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs...


Certificate By Officer Holding A State Of The Deficiency Of Price On A Re Sale Of Property By Reason Of The Purchaser's Default (o.21, R.71

Category : Agreements Civil Procedure Code

Title Certified that at the re sale of the property in execution of the decree in the above named suit in consequence of default on the part of purchaser there was a deficiency in the price of the said property amounting to RS and that the expenses attending such re sale amounted to RS making a total of Rs which sum is recoverable from the defaulter Dated the day of 19 Officer holding the sale...


Appointment Of Sole Arbitrator On Default Of Other Party

Category : Agreements Arbitration

Whereas you had been appointed on by me to act as an arbitrator under the agreement of reference dated or the arbitration clause in deed dated on my behalf and Whereas the other party viz had appointed Srias his arbitrator and Whereas the other party has failed to appoint an arbitrator within 30 days from the receipt of request to do so from the other party Now pursuant to the power conferred on me by virtue of the provisions of Arbitration Conciliation Act 1996 and upon request of the party I hereby appoint you to act as the sole arbitrator in the matters in dispute referred to you for arbitration Dated Sd...


Final Decree For Foreclosure In A Redemption Suit On Default Of Payment By Mortgagor (order Xxxiv, Rule 8)

Category : Agreements Civil Procedure Code

Title 1 Upon reading the preliminary decree in this suit on the day of and further orders if any dated the day of and the application of the defendant dated the day of for a final decree and after hearing the parties and it appearing that the payment as directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned Word not required to be deleted and if the plaintiff be in possession of the said mortgaged property that the plaintiff shall deliver to the defendant quiet and peaceable possession of the said mortgaged property 2 And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this...


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