[Guest Post] Legal ‘Forms’ in Indian Courts – Part II

The post has been contributed by Anuradha Chandel, Advocate – District Court, Solan, Himachal Pradesh. Ms. Chandel is currently a junior advocate and regularly appears before lower courts and tribunals in Solan, H.P.

This post is in continuation of Ms. Chandel’s first post relating to legal forms in subordinate courts in India.

Form under Order VII, Rule 14(2) CPC – List of Documents not in power or possession of plaintiff

It is provided under Order VII Rule 14(2), Civil Procedure Code. Its main use is that the documents which are not in possession or power of plaintiff have to be mentioned in it. If any document which is essential for the adjudication of the case/ suit but not in possession or power of the plaintiff at the time of filing of the suit if stated in this document can be produced and filed before the Ld. Court at a later stage.

 

 

 

 

 

 

 

 

Order VII, Rule 14A – Address Form

In address form, the complete address of the plaintiff/ petitioner/applicant must be filed. The address furnished shall be called the “registered address” of the party.

If the Ld. Court has to send processes for the purpose of service of parties,  then the summons are send to the address given in the Address form. If in case, there is any change in the address of any party, then the correct address shall be filed on this form so as to bring on record the correct address of such party.

Order VII, Rule 21 provides for dismissal of suit or petition by the Court suo motu or on the application of any party if a plaintiff or petitioner fails to file an address for service. Rule 24 further provides for filing of a verified petition for change of the address for service given by him.

CD Form (Extract for Court decree)/ Nakal Form

This Form is used to obtain the certified or uncertified copies of any document, judgment of any case, or statements of witnesses recorded in court. The person applying for such documents shall fill all the details required to be filled in the form.

If the case of which extracts are to be applied is pending before any Court of law, only the counsels and the parties to the suit/ case can apply for the copies. If the suit/ case is decided, then anyone can apply for the copies.

The cost of copies may differ according to No. of pages or nature of extract applied.

Order XXI Rule 6B, CPC provides that where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment, of such charges as may be specified in the Rules made by the High Court.

 

Bail Bond/Muchalka Form

An accused when appearing for the first time before the Magistrate must sign two Bonds – Personal Bond and Surety Bond. The amount of both the Bonds is as per the directions of the Ld. Court.

Court fees of Rs. 3/- has to be affixed to the Bond.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Image from here.

L&P Editorial Team

The Law & Practice Blog's editorial team.

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