civil pleading - Application_Section5_9_Code_Civil_Procedure_Clean_Format

Category: Civil Law Documents

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APPLICATION UNDER SECTION 5/9 CODE OF CIVIL PROCEDURE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff VERSUS C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the defendant has taken objection as to jurisdiction of this Court at the very inception in para No..................... of the written statement. 2. That in the plaint prayer No...................... a relief as to title by will or inheritance to tenancy land is sought which is barred by the provisions of Section 5/9 Code of Civil Procedure, Section 331 of the U. P. Zamindari Abolition and Land Reforms Act and Section 233 of the U. P. Land Revenue Act. 3.

That the learned Court has also framed an issue No..................... as to jurisdiction of this Court which issue is essential to be decided as preliminary issue before taking evidence of the parties and disposing of all issues which will be an unnecessary wastage of time of the Court and expenses of the parties. 4. That the suit is a colourable litigation filed under the make-belief of obtaining permanent injunction to restrain the defendant from interfering into his possession, but by way of this suit for granting an injunction the plaintiff wants to get the issue of title decided by this Court, which only a competent Revenue Court has jurisdiction to decide. PRAYER It is, therefore, most respectfully prayed that Your Honour may be pleased to decide the issue No.....................

as to jurisdiction as the preliminary issue and reject or return the plaint as this Court may deem fit. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff