PETITION UNDER SECTION 94 CPC. HOW TO DRAFT A PETITION U/S 94 CPC FOR THE APPOINTMENT OF A BAILIFF?. THE SAMPLE IS GIVEN BELOW, PLEASE MAKE NECESSARY AMENDMENTS AS PER THE FACTS OF THE CASE.

PETITION UNDER SECTION 94 CPC

Purpose of Petition U/S 94 CPC. To appoint a bailiff of court in order to restrain the respondents from an illegal act.

IN  THE  COURT  OF (NAME OF THE JUDGE), LEARNED CIVIL  JUDGE, RAWALPINDI

In the matter of:

ABC        Versus                  XYZ

PETITION UNDER SECTION 94 ALONG WITH ALL ENABLING PROVISIONS OF CIVIL PROCEDURE CODE 1908

Respectfully Sheweth;

That the petitioner and others filed a suit for specific performance of contract /agreement dated 12.11.2016, permanent and mandatory injunction titled as “ ABC Vs XYZ etc, which is pending adjudication before this Hon’ble court and same is fixed for 03.10.2020. 

That on 28.08.2020, this Hon’ble court passed injunctive order against the respondents and the respondents were fully aware of the injunctive order passed by this Hon’ble court but the respondents flatly refused to obey the order of this Hon’ble court and broke the boundaries of the suit property just in order to dispossess the petitioner from the suit property forcefully and illegally as well as by violating the injunctive order of this Hon’ble court.

That this Hon’ble Court has ample power to comply with its order with true letter and spirit, hence it is very necessary to appoint a bailiff who visits the suit property with the help of local police in order to stop the respondents from their illegal acts.  

That if the instant application is not allowed and a bailiff is not appointed immediately, then it will cause irreparable loss to the petitioner and also a strong apprehension to cause law and order situation due to illegal and unlawful acts of the 

PRAYER

In view of the above circumstances, it is, most respectfully prayed that the instant application may kindly be accepted and a bailiff of the court with the assistance of local police may kindly be appointed immediately with the direction to stop the respondents from their continuous interference over the suit property, in the interest of justice

Any other relief which this Hon’ble court deems fit and property may also be granted to the petitioner.

Petitioner            Through               (Counsel)

Note: Attach an affidavit in support of this petition.

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