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makhija.ahmedabad@yahoo.com (Legal)     21 May 2009

Need a Draft / formate

Can somebody provide a formate of an application to attach the share of someone  in the properties of his/her family , before judgement. Are we suppose to give any kind of notice to that effect to family members or otherwise? Any other procedure to be followed.

Thanks and regards,

Makhija



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2009

U have to file an application I am giving the model of an IA how we use to file. OS: / IN THE COURT OF CIVIL JUDGE ( SENIOR/JUNIOR DIVN) AT... Plaintiff : v/s Defendant : IA /09 Applicant : (Plaintiff) v/s Respondant: (Defendant) application u/o 38 rule 1 r/w sec 151 of C.P.C. In this the above said applicant-plaintiff begs to submit as under: For the reasons stated in the accomanying affidaivt, in the ends of justice, the property ( specify the Number) of the defendant may kindly be attached before judgement. Place: DAte Advocate for plaintiff. SAME SINGLE CAUSE TITTLE Affidavit, You describe the plaintiff's name age etc., do hereby state on solemn affirmation as under: That I am the plaintiff in this suit and very weel conversant with the facts of this case. ( here describe the nature of the Suit) Defendant is the owner of the so and so property, Defendnat is in a hurry to sell this property, meanwwhile if my suit is decreed and if the defendant sells the propety nothing will be remained to recover( or you can write according to ur suit). Hene property No: may kindly be attached before judgement. place: Date : DEponent This is my name and signature and the contents of this my affidavit, are true and correct. Place; Date,

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2009

I have sent the draft. No need to send the notice to other family members. If it is joint family property, then u will have to file and application to attach the share of the defendant, if there is only one defendant in your case.

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2009

Sorry, my draft is contineously typed. so please adjust it.


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