IN THE COURT OF CIVIL JUDGE, (SENIOR DIVISION), City
Civil Suit No ______ of 202..
1. ABC
2. DEF
3. GHI
_______ Plaintiff.
Versus
1. General public.
2. Deputy Commissioner, City.
3. Registrar of Birth and Death, City
__________ Respondents
Suit for declaration to declare that brother of the Plaintiffs namely RRRRR s/o Shri SSSSSS aged …. years, as dead who is missing since …….. and not traced out till date on the basis of oral and documentary evidence under order 7rule 1 C.P.C.
AND
Suit for mandatory injunction for directing the defendant No 2&3 to issue Death Certificate on the name of RRRRRR
Respectfully Showeth:
1. That the Plaintiffs are the legal heirs of RRRRRs/o Shri SSSSSS and are the real brothers and sisters. Plaintiff No 1 namely….. Father (since deceased) has been expired on ……….. and the hence the suit has been filed through his legal heirs. The said RRRRR was remained unmarried throughout his life and the Plaintiffs are the only legal heir of him and except the Plaintiffs there are no other lineal descendants of the said Sh.RRRRRR. The mother and father of the said RRRRRR namely Smt. …… and ……….. died on ………. and ……. respectively at …………. Copy of death of the same is annexed with the suit as Annexure P-.
2. That the Respondent no. 1 is general public as the relief claimed is applicable in remedy and respondent no. 2 is the administrative officer and collector of the area in which the brother of the plaintiffs resided at …………… and was gone missing. Copy of his Aadhar card is annexed as Annexure P-
3. That the said RRRRRR was 54 year old in the year …… and was not having good mental health and used remained inebriated. On ………., the brother of the Plaintiffs left the house without informing anyone and never returned back or found despite the best efforts of the Plaintiff to trace him out. However, the matter with regard to his missing was also reported to the concerned Police and D.D.R vide No….. dated …… was got registered at Police station, Sector…., …….. Copy of said D.D.R is annexed with the suit as Annexure P- .
4. That on …….. the said Official of concerned Police Station has also issued the non traceable report on the application filed by the Plaintiff for the submitting of Non-traceable report in respect of RRRRRR. Copy of application is enclosed with this suit.
5. That the brother of the Plaintiff namely RRRRRR during his lifetime invested in investment scheme i.e. Fixed deposit Saving account from time to time. The Plaintiffs being the only legal heirs wants to withdraw the said investment schemes amount from the concerned bank which is lying on the name of their brother.
6. That there is no other legal heir except Plaintiffs stated above and the mother and father is deceased.
7. That no earlier proceeding between the same parties on the same cause of action is pending in any court of law.
8. That the cause of action has arisen to the plaintiff after the passing of seven years of the missing of the brother of the Plaintiffs i.e. …… and on the receiving of non traceable report from the concerned Police Station i.e. …………………..
9. That the Defendant No. 2&3 is authorised for issuance of Birth Certificate or Death Certificate of a person under the procedure and provisions of the Birth & Death Registration Act, 1969 read with the relevant rules.
10. That this Hon’ble Court at ……….has got the jurisdiction to try the present suit as the father of the Plaintiff residing within the local limits of this Hon’ble Court at the time of going missing.
11. That the value of the suit for the purpose of Jurisdiction and declaration is assessed at Rs……/- on which Court Fee of Rs. ……./- is levied and being so, stands affixed hereto in the shape of Court fee Stamps….
It is therefore respectfully prayed that a decree for declaration may please be passed declaration to declare that brother of the Plaintiffs namely Sh. RRRRRR s/o Shri SSSSSS aged 54 years, is dead who is missing since 19.06.2014 and not traced out till date and directing the defendant No 2&3 to issue Death Certificate on the name of RRRRR.
Any other relief to which the plaintiff is entitled may also be granted by this Hon’ble Court.
Dated: . . Plaintiffs.
through counsel
Advocate
VERIFICATION:
Verified that the contents of the above said suit from para no. 1 to 6 are true and correct to the best of my knowledge and belief and those of para no. 7 to 10 are believed to be correct on the legal advice received and nothing has been concealed therein.
Verified at Chandigarh on __ of ….., 202…..
Plaintiffs.
