Application under Order 34, Rule 6 C P C: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
C. D................................................................... Plaintiff
versus
C. F................................................................ Defendant
The applicant most respectfully submits as under: —
1. That the suit has been instituted by applicant on the basis of simple mortgage deed dated.................... relating to the suit property.
2. That the final decree for the sale of the mortgaged property was passed on.................... (date) for Rs..................... including costs.
3. That the mortgaged property was sold in execution of decree on .................... (date) and an amount of Rs..................... was realised by the sale-of the property under the decree.
4. That the sale proceeds amounting to Rs..................... are insufficient to pay the amount of Rs..................... due to the plaintiff-decree holder and a sum of Rs..................... still remains recoverable from the defendant.
5. That the property specified in Annexure ‘A’ to this application is in defendant’s possession.
PRAYER It is therefore most respectfully prayed that decree for Rs..................... be passed in favour of the applicant.
It is accordingly prayed.
Applicant
Through Advocate
Place:....................
Dated:....................
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.