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Procedure Applications 2

The document is a comprehensive guide detailing common interlocutory applications in District Court e-Filing, including definitions, legal provisions, and examples for each application. It covers various requests such as taking a case on board, issuing summons, and seeking adjournments, among others. Additionally, it explains the concept of 'Pursis' and its relevance in court proceedings.

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Bastele Jhakday
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0% found this document useful (0 votes)
27 views3 pages

Procedure Applications 2

The document is a comprehensive guide detailing common interlocutory applications in District Court e-Filing, including definitions, legal provisions, and examples for each application. It covers various requests such as taking a case on board, issuing summons, and seeking adjournments, among others. Additionally, it explains the concept of 'Pursis' and its relevance in court proceedings.

Uploaded by

Bastele Jhakday
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Comprehensive Guide to Common Interlocutory Applications

in District Court e-Filing

S.No. Application One-Line Definition Legal Provision Example


1 Taking Case on Board An application to bring a Court Practice Plaintiff files an urgent
case for urgent hearing, application to prevent the
even if it’s not listed for the Defendant from selling
day. disputed property.
2 Issue of Summon to Request to call a witness to Order 16 Rule 1 Plaintiff requests summoning
Witness court to testify or produce CPC a bank official to verify
evidence. account statements.
3 Better Particulars Request for more detailed Order 6 Rule 4 Defendant seeks specific
pleadings to clarify CPC details about payments under
ambiguities. a contract.
4 Granting Leave to Deliver Permission to serve formal Order 11 Rule 1 Plaintiff requests
Interrogatories questions for the other CPC interrogatories about
party to answer under oath. property ownership and
transfer.
5 Order for Inspection Request to inspect Order 11 Rule Plaintiff applies to inspect
property, documents, or 14 CPC land for encroachments.
other evidence.
6 Framing or Additional Request to modify or add Order 14 Rule 5 Defendant requests issues
Issues issues for trial. CPC about the validity of a
Relinquishment Deed.
7 Bringing Legal Application to substitute a Order 22 Rules Legal heir applies to continue
Heir/Representative on deceased party with their 1 & 2 CPC suit after Plaintiff’s death.
Record legal representative.
8 Withdrawal of Suit with Request to withdraw a case Order 23 Rule Plaintiff applies for
Liberty to Institute Fresh with the court’s permission 1(3) CPC withdrawal to rectify
Suit to file again later. procedural errors.
9 Appointment of Court Request to appoint a Order 26 Rule 9 Court appoints Commissioner
Commissioner neutral party to inspect, CPC to measure agricultural land.
survey, or perform other
duties.
10 Stay of Execution of Application to halt Order 41 Rule 5 Defendant seeks a stay on
Decree Pending Appeal enforcement of a judgment CPC eviction until the appeal is
while an appeal is pending. decided.
11 Permission to Lead Application to use a copy of Section 65 of Plaintiff requests permission
Secondary Evidence a document when the the Evidence to use a photocopy of a
original is unavailable. Act missing sale agreement.
12 Withdrawal of Request to withdraw Section 152 CPC Claimant applies to withdraw
Compensation Amount compensation deposited in compensation awarded in a
court. motor accident case.
13 Evidence Close Pursis A declaration by a party Court Practice Plaintiff declares conclusion
that they’ve concluded of evidence presentation.
presenting their evidence.
14 Lok Adalat/Mediation Statement by parties Section 89 CPC Parties agree to mediation to
Pursis expressing willingness to resolve a property dispute.
resolve the dispute
amicably.
15 Production of Document Request to bring specific Order 11 Rule Defendant produces original
documents to court. 14 CPC title deeds in court.
16 Application for Direction Request for court orders to Order 11 Rule Plaintiff seeks Defendant’s
to Produce Document compel the other party to 12 CPC bank records for proving
produce documents. fraud.
17 Exemption from Request for accused to skip Section 205 Defendant requests
Appearance of Accused court appearances due to CrPC exemption from appearance
valid reasons. due to medical reasons.
18 Extension of Time for Application to extend the Order 8 Rule 1 Defendant seeks more time
Filing WS deadline for submitting a CPC for WS filing due to document
Written Statement. delays.
19 Application for Request to serve notice via Order 5 Rule 20 Plaintiff seeks permission for
Substituted Service alternative means, like CPC newspaper publication to
publication. serve notice.
20 Order 1 Rule 10 – Application to add or Order 1 Rule 10 Plaintiff applies to add a co-
Deletion or Addition of remove a party to/from the CPC owner to a property dispute.
Party suit.
21 Order 7 Rule 11 – Request to reject a plaint Order 7 Rule 11 Defendant moves to reject
Rejection of Plaint for non-compliance with CPC plaint due to valuation issues.
legal requirements.
22 Permission to Appoint Request to officially Section 303 Plaintiff applies to appoint
Lawyer represent a party in court CrPC / Section new counsel officially.
through counsel. 32 Advocates
Act
23 Issue Attachment Request to attach property Order 38 Rule 5 Plaintiff seeks attachment of
Warrant to secure recovery in a CPC Defendant’s property for debt
money suit. recovery.
24 Application to Issue BW Request for issuance of Sections 70–73 Plaintiff requests a Non-
or NBW Bailable or Non-Bailable CrPC Bailable Warrant after
Warrants against a party. Defendant skips hearings.
25 Permission to Deposit Request to pay additional Section 149 CPC Plaintiff applies to deposit
Deficit Court Fee court fees required. shortfall in court fees.
26 Permission to Payment of Request to pay court- Order 20 Rule 1 Defendant applies to deposit
Cost in Court imposed costs. CPC costs imposed for delays.
27 Death Pursis Intimation about the death Court Practice Plaintiff’s counsel informs
of a party in the case. court about Plaintiff’s death.
28 Stay of Order Till Appeal Request to suspend an Order 41 Rule 5 Defendant seeks stay on
order until an appeal is CPC demolition pending appeal.
resolved.
29 Copying Application – Request for certified copies Section 76 Plaintiff applies for certified
Certified Copy of court documents. Evidence Act judgment copy for appeal.
30 To Release on P.R. Bond Application for release on a Section 436 Accused requests bail on
Personal Recognizance CrPC Personal Recognizance Bond.
Bond in a criminal case.
31 Permission to Furnish Bail Request for approval of bail Section 437 Accused applies to submit bail
terms. CrPC terms for approval.
32 Permission to File Request to allow late Court Practice Plaintiff seeks to submit
Prerequisite Document submission of mandatory missing property tax receipts
Later documents. later.
33 Application u/s 170 MV Request under Section 170 Section 170 Insurance company defends
Act of the Motor Vehicles Act to Motor Vehicles against exaggerated claims.
challenge compensation Act
awards.
34 Admission of Document Application to admit the Order 13 Rule 3 Plaintiff seeks authenticity
authenticity of documents CPC acknowledgment of
submitted. submitted documents.
35 Taking Adjournment Request to postpone a Order 17 Rule 1 Defendant seeks adjournment
hearing to a later date. CPC due to counsel’s
unavailability.

Note : Pursis
The term "Pursis" is derived from the Marathi word "पुिसस" and is commonly used in Indian courts, especially in
states like Maharashtra and Gujarat. It refers to a formal written statement, application, or submission filed by a
party to communicate or notify the court about a specific development, decision, or intention in the case.
Purpose of a Pursis:
 To place certain facts, decisions, or requests on record.
 To formally declare or communicate a party's position or compliance.
 To assist the court in taking note of relevant developments during the case proceedings.
Common Types of Pursis:
1. Evidence Close Pursis: A statement declaring that a party has concluded presenting evidence.
2. Lok Adalat/Mediation Pursis: A declaration by parties agreeing to resolve the dispute through mediation or
Lok Adalat.
3. Death Pursis: A submission informing the court about the death of a party to the case.
Legal Relevance:
While "Pursis" is not explicitly mentioned in the Code of Civil Procedure (CPC) or the Criminal Procedure
Code (CrPC), it is widely recognized as a procedural document in practice and is accepted as part of case
records in many courts.

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