Env Coord (.) 25 April 2017

Format for civil misc. application/petition to be filed.

Respected Legal Experts,

Can anyone give me format for drafting a Civil Miscellaneous Petition before District Civil Court. I need to appeal an order passed against my client by a Civil Court of Junior Division-cum-JMFC. I plan to file appeal against the said order with the District Civil Judge. I have already applied for urgent copies of Order passed by Junior Div.-cum-JMFC Court. I expect to get the copies of the same in 2-3 days, after which I have 30 days to appeal against the Order.

Hence, I need a draft format to file a Civil Miscellaneous Petition on an urgent basis.
Under which sections or provisions of Civil Procedure Code is a Civil Miscellaneous Petition filed?
I had earlier moved an interlocutory application for issuance of precepts to get property attached of the Opposite Party lying outside the terroritorial limits of the court, which the Court of Junior Division declined to hear and passed an perverse order while rejecting the Application despite disclosing the reasons for urgency.

Please email me : env.coord@gmail.com

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4 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 26 April 2017

Kindly give more facts, what order was passed?

you can refer O.XLIII of CPC

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 April 2017

see the website for drafting etc. www.edrafter.in

Env Coord (.) 26 April 2017

I am moved an application on April,24th under Section 94(e) of the CPC praying the court to pass interlocutory order for issuance of 'Precept' under Section 46 of the CPC to enable attachment of immovable property of Judgment Debtor(Opposite Party) lying outside the territorial jurisdiction of the District Court.
Three Months ago, I filed an application under Section 46 of CPC for issuance of Precept, but the same is still undecided. Opposite Side was asked to file Written Statement. On January, 30th of 2017 the Court deffered the matter till June,30th,2017.
However, Court of Civil Judge (Junior Division) returned the application(plaint) by passing an Order stating huge pendency of cases before the Court and non-disclosure of urgency to entertain this application.
I clearly stated the neccessity of moving an Interlocutory Application but the Judge was unwilling to listen. I had mentioned the reasons in the plaint and also made oral prayers but despite that he passed an Order by returning the plaint.
Hence I need to file an appeal against the Order passed by the Court of Civil Judge (Junior Division - JMFC).
I intend to file an appeal before District Civil Judge before the Court rises for Vacation on May,8th.
Hence, the urgency.

My Email ID :- env.coord@gmail.com