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Legal Format & Draft

Application under Order 23, Rule 3 Read with Section

Reference draft used in Indian courts — replace the blanks with your own case details.

IN THE COURT OF.................... Suit No..................... of 200
IN RE: -
A. B................................................................... Plaintiff
versus
C. D............................................................. Defendants
Application Under Order 23 Rule 3 read with Section 151 CPC
for recording a compromise and granting permission for
withdrawal of suit
Most Respectfully Showeth:
1. That the plaintiff has filed a suit for mandatory injunction being suit No. .................... which is pending before this Hon’ble Court and is fixed for bearing on ....................
2. That in the above mentioned suit the plaintiff has prayed for mandatory injunction relating to the alleged tenanted portion of property bearing No. ....................................... and for damages.
3. That the plaintiff and the defendants have now compromised the matter. The plaintiff has agreed to relinquish his all rights, title and interest in the alleged afore mentioned tenanted portion of the property pursuant to the Deed of Settlement dated........................................ on the terms and conditions as mentioned in the
Compromise Deed annexed hereto and marked as Annexure ‘A’ to which the Defendants agree.
In view of the above, it is most respectfully prayed that this Hon’ble Court may record the compromise between the parties as per the Compromise Deed dated .................... annexed hereto and permit the suit to be withdrawn leaving the parties to bear their own cost.
It is prayed accordingly.
Plaintiff.............:......
Defendant No. 1....................
Defendant No. 2....................
Defendant No. 3....................
Through Advocate
Delhi
Dated:
 
AFFIDAVIT IN SUPPORT OF APPLICATION IN THE COURT OF.................... Suit No..................... 200
In the Matter of: -
AB.................................................................... Plaintiff
versus
CD.............................................................. Defendants
AFFIDAVIT I,..........................................S/o.........................................................................................resident of............................................................ do hereby solemnly affirm and declare as under:-
1. I am the Plaintiff in this case and hence competent to swear this affidavit.
2. That the contents of the accompanying application are true and correct.
DEPONENT VERIFICATION Verified at............................................... on this...................................... day of the............................................ that the contents of the above affidavit are true and correct to my knowledge.
DEPONENT

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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