Objection as to Applicability of the Code of Civil
Reference draft used in Indian courts — replace the blanks with your own case details.
C. D................................................................... Plaintiff
versus
C. F................................................................ Defendant
The abovenamed plaintiff most respectfully submits as under: —
1. That the area of.................... in which the land in dispute is situated is the Tribal Area, which was immediately before 21st January, 1972, included in the Tribal Areas of Assam as referred to in paragraph 20 of the Sixth Schedule in the Constitution.
2. That the provisions of the Code of Civil Procedure have not been extended to the area aforesaid by notification in the Official Gazette so far.
3. That as such the Code of Civil Procedure, 1908 is not applicable to this case.
4. That it is expedient in the interests of justice that the plaint may be rejected or returned to the plaintiff.
PRAYER It is, therefore, most respectfully prayed that the Court may be pleased to reject or return the plaint with cost to the defendant.
It is accordingly prayed.
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
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.
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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.