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The Code of Civil Procedure, 1908: page 249

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 249, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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9. The plaintiff claims—
    (1) that the defendants be restrained, by injunction, from taking any proceedings against the
plaintiff in relation thereto;
     (2) that they be required to interplead together concerning their claims to the said property;
     (3) that some person be authorised to receive the said property pending such litigation;
    (4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to
either of the defendants in relation thereto.


                                                        No. 41
        ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS
                                                         (Title)
A. B., the above-named plaintiff, states as follows:—
    1. E.F. late of................. , was at the time of his death, and his estate still is, indebted to the
plaintiff in the sum of....................... [here insert nature of debt and security, if any].
                                                                              e
                                                                      od
    2. E.F. died on or about the........................... day of.......................By his last will, dated the...........
day of.............he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as
the case may be].                                              aC
                                                         di
     3. The will was proved by C.D. [or letters of administration were granted, etc.].
                                                    In
   4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the
immovable] property of E.F. and has not paid the plaintiff his debt.
[As in paras. 4 and 5 of Form No. 1.]
    7. The plaintiff claims that an account may be taken of the movable [and immovable] property of
E.F., deceased, and that the same may be administered under the decree of the Court.


                                                  No. 42
                                   ADMINISTRATION BY SPECIFIC LEGATEE
                                                  (Title)
                                         [Alter Form No. 41 thus]
[Omit paragraph 1 and commence paragraph 2] E.F., late of .... , died on or about the..........................
day of ...................... By his last will, dated the ................... day of........ he appointed C.D., his executor,
and bequeathed to the plaintiff [here state the specific legacy].
For paragraph 4 substitute—
    The defendant is in possession of the movable property of E.F., and, amongst other things, of the
said [here name the subject of the specific bequest].
     For the commencement of paragraph 7 substitute—
    The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the
subject of the specific bequest], or that, etc.




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