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Orignal Petion

An original petition is any petition or application filed in court that establishes the origin of a dispute and seeks specific relief. It refers to the starting point of a dispute. An original petition must include details like the names and descriptions of the plaintiff and defendant, facts of the case, jurisdiction of the court, plaintiff's claim for relief, and the value of the subject matter of the suit. Original petitions are used to initiate proceedings like suits, appeals, or applications for restitution of conjugal rights or maintenance. Once a main proceeding has begun with an original petition, any subsequent applications can be made through interlocutory applications.

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3K views1 page

Orignal Petion

An original petition is any petition or application filed in court that establishes the origin of a dispute and seeks specific relief. It refers to the starting point of a dispute. An original petition must include details like the names and descriptions of the plaintiff and defendant, facts of the case, jurisdiction of the court, plaintiff's claim for relief, and the value of the subject matter of the suit. Original petitions are used to initiate proceedings like suits, appeals, or applications for restitution of conjugal rights or maintenance. Once a main proceeding has begun with an original petition, any subsequent applications can be made through interlocutory applications.

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Rahul Dandotiya
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© © All Rights Reserved
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ORIGNAL PETION

Original petition generally refers to any petition or any application in court that states the origination of
disputes and seeks specific reliefs.

‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceeding
in execution of a decree or order, is instituted in a court.”

The Original Petition refers to the point of origination of the dispute. The Original Petition is not
sufficient to address the immediate circumstances. Petition for restitution of conjugal rights under
Section 9 was initiated by an Original Petition in conformity with Rule 1. As Rule 2 says that every other
proceeding subsequent to the petition shall be an interlocutory application, it may be construed to
mean that once the main proceeding has been initiated by an Original Petition, any other proceeding
like an application for maintenance subsequent to the petition can be by an interlocutory application.
Particulars of an Original Petition: 1. The name of the particular court where the suit is initiated., 2.
Name, place, and description of the plaintiff’s residence, 3. Name, place, and description of the
defendant’s residence. 4. A statement of unsoundness of mind or minority in case the plaintiff or the
defendant belongs to either of the categories. 5. The facts that led to the cause of action and when it
arose. 6. The facts that point out to the jurisdiction of the court. 7. The plaintiff’s claim for relief. 8. The
amount allowed or relinquished by the plaintiff if so 9. A statement containing the value of the subject
matter of the suit as admitted by the case.

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