Format or memorandum of miscellaneous civil petition to be filed before mumbai city civil court
Sadanand B. Panchal
(Querist) 25 August 2013
This query is : Resolved
Respected Experts,
Sir,I require the exact format of the Miscellaneous Civil Petition/ Application and also the connected Section of the Code of Civil Procedure. I am going to file Application Under Section 340(1) of the CrPC before the Hon'ble Mumbai City Civil Court to obtain order under Civil Manual Chapter XIX para 337.
I need this information urgently. My matter is on 31st August, 2013 and the Advocate who have promised to give me the said information not attending my call for appointment.Please help me.
Regards,
Sadanand B. Panchal
Devajyoti Barman
(Expert) 25 August 2013
No format is given here.
You can take help of an advocate, if you are not.
The petition requires no special format, anyway.
prabhakar singh
(Expert) 25 August 2013
Yes!
We do not provide you know better.
Format, if any,might be there in the manual talked about.
Drafts always differ case to case and are unique with facts of cause.
Sadanand B. Panchal
(Querist) 25 August 2013
Respected Sir,
Thanks for your advice.I am not Advocate but filed Suit in person.At least information about which Section of the CPC deals with filing applications before Civil Court I require. I have filed Notice of Motion, Chamber Summons where there is Affidavit in Support along with and main title page of the Application is at the time of production kept blank N/M number or blank Ch/S number. Is the form of MISC Petition is like this? Kindly inform me. Thanks in advance.
prabhakar singh
(Expert) 25 August 2013
It is section 9 of the C.P.C. that confers original jurisdiction of civil causes to vest in civil court unless expressly barred by some other law.
It is not clear what you desire to do,procedure at city civil court is also unknown to me as a person outside mumbai and maharashtra.
ajay sethi
(Expert) 25 August 2013
make enquires with the Rgistrar City civil court mumbai .
R.K Nanda
(Expert) 25 August 2013
no fixed format for it.
Rajendra K Goyal
(Expert) 25 August 2013
There is no fixed format for the same and the contents differ from case to case.
Sadanand B. Panchal
(Querist) 26 August 2013
Respected Experts,
Thanks to all for advising me.
The Registrar of the Mumbai City Civil Court also refused to give me advise in the matter.With discussion with the Hon'ble Advocates including you all, I have came to the conclusion that as the Application U/s.340(1)of CrPC starts from the wordings "On an application or otherwise...", I Choose to take out a Chamber Summons by inserting a prayer "that this Hon'ble Court may be pleased to register a MISC case against the present Suit as per Civil Manual Chapter XIX para 337 against the Defendant to make preliminary inquiry"
If the Chamber Summons not allowed, I will file Appeal to the Hon'ble Bombay High Court.
Regards,
Sadanand B. Panchal
Sadanand B. Panchal
(Querist) 27 August 2013
Respected Experts,
You all are respected Advocates and you have lot of experience in legal practice whereas I a common public who knocked the door of Justice in person.Kindly watch my required information, I asked in this discussion. I have prepared my Affidavit in Support of the application U/s.340(1) of CrPC but to move it before the Hon'ble Court it requires Title format which bears blank registration number and specific title e.g. Notice of Motion No.___,Chamber Summons no.___,MISC Petition no.___ for which I will serve it to the parties of my Suit and at the same time I will file a Preceipy for production of the matter before the clerk of the concerned Court Room to take the matter on board for particular day.So that I will pray before the Hon'ble Court to grant leave for the said Application.If the leave granted the Court will pass the order Plaintiffs to register the said application on returnable date. Therefore I require the information about which title bears the Application U/S.340(1) of CrPC among "Notice of Motion No.___,Chamber Summons no.___,MISC Petition no.___ will have to be inserted so that it will be registered as per the CPC?
Kindly understand my query.
Thanks in advance.
Regards,
Sadanand B. Panchal
V R SHROFF
(Expert) 27 August 2013
Gram Panchayat used to deliver JUSTICE instantly, and FREE OF COST.
IN 21ST CENTURY, THIS WORLD BECAME HIGHLY TECHNICAL.
SELF SUFFICIENCY, AND NON -DEPENDABILITY WERE TALK OF past 100 YEARS.
Though Gandhiji insisted all Indians to use Charkha, weave KHADI, and wear self made dresses!!He was great and did it his Lifetime.
Can anyone do it now?? Can We Indians follow self help today??
In this sophisticated modern world, We must engage Professionals only.
Self done is never well done in today's scenario.
I hope you understand Shri Sadanand .
I believe,To achieve "Sada Anand" in Life,delegate your Legal jobs to Lawyers.
I observed your queries for last 2 years.You are struggling like a Injured soldier. begging help from professional lawyers, to avoid lawyer in your court matter !!!
Better hire their services.
Let experienced Professionals work for you.
Sadanand B. Panchal
(Querist) 28 August 2013
Respected Sir,
On 27th February 2012 at 8:44 AM I sent request for advice to the Advocate Shri V.R. Shroff and informed that I was ready to pay for advice. Thereafter I requested contact number to the Advocate. The Advocate sent me mobile number. I made contact. On 1st March, 2012 the Advocate sent me Email : “SEND UR SCAN COPIES OF DOC COURT PROCEEDS ON MY E MAIL TO GO THRU” Thereafter on the same day I sent copy of my Plaint (105K), draft of Affidavit in Reply to the Notice of Motion taken out by the Defendant Under Order7, Rule 11 of C.P.C. (1837K), Photographs (3580K) a Sketch Plan annexed to the Plaint and copy of Chamber Summons drafted by me (2332K) via Email to the Advocate Shri Shroff. The respected Advocate Shri Shroff received my entire information and I was ready to pay. Thereafter on call Shri Shroff informed me to excuse as the said Advocate was engage in other matters. Lastly the Advocate told me that he has no time to give advice at all. I never asked for free advice and the said Advocate was practicing in Civil Matters at Mumbai and also the Advocate introduced by Lawyersclubindia.com. I choose to contact him as he also taken part in queries asked by me and answered.
I always engaged professional Lawyer but when there is opposite side is a builder, the appointed Advocate loosed my Case and then remained absent on hearing leaving me to handle the matter in person. I loosed amount of about Rupees 5.50 Lacs since year 1995 in the matter of my property. The matter was RAD and RES Application, Civil Suit no.3049 of 1997 dismissed and fresh Suit 2346 of 2000, Right of Way Suit for the same property and various other proceedings. I handled the matter in person and won.
Now present matter where there opposite party is also a builder. I engaged Advocate in the year 2007. Advocate at first taken professional fees and sent various Notices to the Builder on the Letter pad and when the Builder approached his office, refused to file Suit. Therefore I have filed the present Suit in person.
I am struggling like an injured soldier because the Builder produced false evidence and documents and obstructed administration of Justice before the Hon’ble Court to defeat me. Therefore I came to this platform for help. I have no money to engage Advocate and I am hailing from Cast OBC and therefore I have no facility to appoint Advocate for free. Meaning of my name is not to keep Sada Anand. The meaning is to believe and happy with Truth (Satya+Ananda). I learned various Civil and Criminal Acts after contacting with this Platform and it will help me in future. Thanks for the advice to the Lawyersclubindia.com. This massage may be forwarded to the Respected Advocate Shri V.R.Shroff
Regards,
Sadanand B. Panchal
