ROYAL COLLEGE OF LAW

PRACTICAL FILE
Session : …………...

Student’s Name ……………………………………..

Class…………………………………………………..
Enrollment No. ……………………………………...
Roll No. ……………………………………………...
 INDEX
S.No Date Title Page No. Remarks
.
 FORM 1
Plaint
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION AT
ALLAHABAD
Suit No…… of 2017
A s/o B, aged about 51 years,
Occupation, business, residing at
10, Geeta Colony, Allahabad
Plaintiff
Versus
C s/o D, aged about 45 years,
Occupation, business, residing at
5, Gopal Nagar, Allahabad
Defendant

Suit for an account against an Agent

The plaintiff states as follows:
1. That he appointed the defendant as his agent on …………… to collect rents from his tenants, to
pay rates and taxes, due in respect of the buildings from him, to effect repairs thereto, and to file
suits and take other proceedings in connection with realization of rent.
2. That to effectuate and facilitate, the aforesaid purpose, the plaintiff executed a general power of
attorney, dated …………. In favour of the defendant. The defendant was to be paid 7 percent
commission on such realization after deducting the expenses or outgoings.
3. That the plaintiff terminated the agency of the defendant by notice sent to him by registered post
on …………
4. That the defendant has not rendered account of his realizations and disbursement as from
………. to …………..
5. That it is not possible to ascertain the exact sum due from the defendant to the plaintiff in
respect of the business of agency conducted by the defendant. It is also not known to the
plaintiff as to what sums the defendant has allowed to become time-barred on account of his
negligence to take action for realizations thereof within time prescribed by law. The plaintiff is
accordingly entitled to a rendition of accounts from the defendant and to payment of the sum
due to the plaintiff from defendant.
6. That the cause of action arose at ……. where the defendant resides or works for gain with local
limits of jurisdiction of this Court on …….. when the agency of the defendant was terminated.
The agency was to be conducted at …….. Hence the Court has jurisdiction.
7. The value of the suit for the purpose of court-fee and jurisdiction is tentatively fixed at ……….
If any larger sum is found due to the plaintiff, deficiency in court-fee will be paid. The above
mentioned sum is stated to be sum due tentatively under Order VII, Rule 2 of the Code of Civil
Procedure.
 8. It is prayed that a decree for rendition of accounts from …….. to ……… in relation to the
business of the agency be passed in favour of the plaintiff against the defendants. The books of
the agency and other papers and documents and registers appertaining thereto be ordered to be
delivered to the plaintiff. A commissioner be appointed to examine the accounts of the
defendant. The sum found due to the plaintiff from the defendant be directed to be paid to the
plaintiff. Costs of the suit be also awarded to the plaintiff.
Place ………………… Sd-
Sd-
Date ………………… Advocate
Plaintiff
Verification. – I, A, s/o B, the above mentioned plaintiff, do hereby verify that the contents of para nos.
1-5 are true to my personal knowledge and the contents of the remaining paras are based on legal
advice from my Advocate which I believe to be true.
Place…………………
Sd-
Date…………………. Plaintiff
 FORM 2
Written Statement
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION AT
ALLAHABAD
Suit No…… of 2017
A s/o B, aged about 51 years,
Occupation, business, residing at
10, Geeta Colony, Allahabad
Plaintiff
Versus
C s/o D, aged about 45 years,
Occupation, business, residing at
5, Gopal Nagar, Allahabad
Defendant

Suit for an account against an Agent

Written Statement on behalf of Defendant
The defendant replies as under:
1. Para 1 is admitted.
2. Para 2 is admitted.
3. Para 3 is admitted.
Or
The defendant did not receive the alleged notice.
4. Para 4 is not admitted. The accounts have been duly rendered periodically and the vouchers and
documents relating to the above accounts have been delivered from time to time to the plaintiff.
The last occasion on which the account made up to ……… was delivered along with documents
relating thereto was on ………
5. Para 5 is not correct and is not admitted. The accounts made up to ……….. have already been
rendered. The plaintiff ceased to finance the steps to be taken for recovery and realization of the
arrears of rent, hence no further recoveries could be made. The plaintiff has himself contributed
to the several items of rent to become time-barred.
As the plaintiff has himself, in his possession, the accounts relating to period ……… to
………. Hence no account can be rendered by the defendant for this period.
6. The defendant does not contest the jurisdiction of the court.
7. Para 7 is legal.
8. It is submitted that the suit of the plaintiff be dismissed with costs.
Additional Pleas
9. The plaintiff is estopped from claiming rendition of accounts as he himself is in possession of
the accounts in question up to ……….. which were delivered to him along with the papers and
documents relating thereto on ……….
 10. The plaintiff was negligent in omitting to furnish the defendant with sufficient funds to file suits
against recalcitrant tenants against whom suits had to be filed for realization of dues. The
defendant is not liable for any arrears having become barred by time.
11. The plaintiff has himself been dealing with the tenants personally and realizing sums due as rent
from time to time. The plaintiff has not apprised the defendant of such realizations. In case
accounts are directed to be taken in this matter, the plaintiff be also directed to render account of
such realizations and give credit to the defendant for commission at the stipulated rate on such
realizations.
Place…………………. Sd-
Sd-
Date………………….. Advocate
Plaintiff
Verification. – I, C, s/o D, the above named defendant, do hereby verify that the contents of
para nos. 1-6, 8-11 are true to my knowledge and the contents of the remaining paras are based on legal
advice from my Advocate which I believe to be true.
Place………………….
Sd-
Date…………………..
Defendant
 FORM NO. 1
Application for impleading Legal Representative (0-1), Rule 10 of C.P.C.)
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION,
KURUKSHETRA
Application No……… of 2017
in
(Suit No……… of 2017)
1. A, s/o Shri Ravi Kumar and
2. W, w/o Ravi Kumar, r/o…………. Applicants
Versus
X, s/o Shri……….. r/o…………. Defendant
Application for impleading legal representative of deceased Shri Ravi Kumar plaintiff.
Sir,
The applicant most respectfully states as under:
1. That the plaintiff has expired on 3-12-2017.
2. That the right to sue survives in the following legal representatives / heirs of the deceased which
may be impleaded as plaintiff in the suit.
(i) A, s/o Shri Ravi Kumar (Above Applicants)
(ii) W, wife of late Shri Ravi Kumar (Above Applicants)
3. It is therefore prayed that the above noted legal heirs of the deceased plaintiff may be allowed to
be impleaded as plaintiffs in the above suit.
Place – Kurukshetra Applicants
Date – 1-6-2017 1. ………….... Sd.
2 ……………. Sd.
Verification. – I do hereby verify that the contents of all paragraphs are true to the knowledge
and belief of me. Nothing has been concealed therein.
Place – Kurukshetra Sd.
Date – 1-6-2017 Applicants
1. ……………Sd.
2. ……………Sd.
Sd.
Advocate
 MATRIMONIAL PLEADINGS
FORM NO. 1
Restitution of Conjugal Rights
(Section 9 of H.M. Act, 1955)
IN THE COURT OF THE DISTRICT JUDGE AT MAHENDERGARH
Petition No………… of 2017
Kamini, w/o Shri Harilal and
d/o Shri Keshri, r/o House No. 2,
Preet Vihar, Narnaul, Haryana Petitioner
Versus
Hari Lal, s/o Sohan Lal,
r/o House No. 13, Himmat Colony,
Narnaul, Haryana Respondent
Petition for Restitution of Conjugal Rights under Section 9 of
the Hindu Marriage Act, 1955
The petitioner most respectfully states as under –
1. That the petitioner and respondent were married lawfully as per Hindu Vedic rules and
ceremonies on 1-1-2007 at Narnaul.
2. That before and after the marriage, the petitioner and respondent both are Hindu and are
domicile of Haryana.
3. That both have cohabited and lived under one roof at the address of the Respondent.
4. That there is one daughter Cammy of 1.5 years of age living with the petitioner.
5. That the respondent has withdrawn the society of the petitioner for more than two years without
any reasonable cause and excuse.
6. That there has been no proceedings of any kind in respect of this marriage between the petitioner
and the respondent in any Court in India before this petition.
7. That there has been no collusion between the respondent and the petitioner regarding this
petition.
8. That the cause of action accrued to the petitioner within the jurisdiction of this Court and the
petition is filed without delay.
9. That the parties were married as well as last resided together at Kurukshetra which is situated
within the territorial limits of the ordinary original matrimonial jurisdiction of this Court and
therefore it has jurisdiction to try and entertain this petition.
10. The petitioner has affixed the requisite Court fee stamp on this petition for the purposes of
jurisdiction and Court-fees.
11. The petitioner, therefore, prays that:
(a) The Hon’ble Court may be pleased to direct the respondent to live with the petitioner and to
allow the petitioner a free exercise of her conjugal rights with the respondent. The decree
may be passed with costs.
(b) The Hon’ble Court may be pleased to grant the maintenance pendent lite at the rate of
Rs.1,000 p.m. in favour of the petitioner.

Place……………… Sd-
Date………………. Petitioner
 Verification. – I do hereby verify that the contents of paras no. 1-7 are true to the best of my
knowledge and belief. Remaining paras are also true as per advice of my Advocate. Nothing has been
concealed therein.

Place……………… Sd-
Date………………. Petitioner
 FORM NO. 2
Petition for Judicial Separation
(Section 10 of Hindu Marriage Act, 1955)
IN THE COURT OF THE DISTRICT JUDGE AT GURGAON
Petition No………. of 2017
A…… w/o Shri B, d/o Shri
Roshan Lal, r/o House No. 10,
Sector 15, Gurgaon, Haryana Petitioner
Versus
XY…...s/o Shri Y….. r/o House No. 60,
Sector 13, Gurgaon, Haryana Respondent
Petition for Judicial Separation under Section 10 of Hindu
Marriage Act, 1955
Sir,
The petitioner respectfully submits as under:
1. That the marriage between Petitioner and Respondent took place on 1-1-2006 according to
Hindu Vedic rites and ceremonies at Gurgaon.
2. That both the Petitioner and Respondent are Hindus, before and after the marriage and also
domicile of Gurgaon.
3. That there is one son of 2 years living with the petitioner.
4. That the respondent is treating the petitioner with severe cruelty therefore it is not feasible to
live with the respondent.
5. That the respondent mischievously and maliciously charged the petitioner of committing
adultery, abused her in different ways and treated her with such cruelty as to cause a reasonable
apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to
live with the respondent.
6. That there is no collusion with the respondent in presenting this petition. The petition is being
filed without any unnecessary or improper delay.
7. That the said marriage was solemnized at ……… and the petitioner and the respondent have
been residing at ……… which is situated within the ordinary local limits of this Court,
therefore, this Hon’ble Court has got jurisdiction to try and entertain this petition.
8. That the notional value of the petition is Rs………; and the Court fees stamp of the fixed
amount has been affixed hereon for the purpose of jurisdiction and Court fees.
9. The petitioner, therefore, prays that:
(a) The Hon’ble Court may be pleased to pass a decree of judicial separation in favour of the
petitioner and against the respondent along with costs.
(b) The Hon’ble Court may be pleased to grant the maintenance pendent lite at the rate of
Rs.1,000 p.m. in favour of the petitioner.
Place……………… Sd-
Date………………. Petitioner
Verification. – I do hereby verify that the contents of paras no. 1-7 are true to the best of my
knowledge and belief. Contents of remaining paras are also true being advised by my advocate.
Nothing has been concealed therein.
Place……………… Sd-
Date………………. Petitioner
 FORM NO. 3
Petition for Divorce
(Under Section 13 of Hindu Marriage Act, 1955)
IN THE COURT OF DISTRICT JUDGE AT ROHTAK
Petition No………. of 2017
Leela Ram, s/o Shri Shiva,
r/o House No. 20, Sector 3,
HUDA, Rohtak Petitioner
Versus
Vimmy, d/o Shri Raj,
r/o House No. 6, Sector 2,
HUDA, Sonepat, Haryana Respondent
Petition for dissolution of marriage by a decree of divorce under Section 13
of Hindu Marriage Act, 1955 (No. 25 of 1955) as amended up to date.
Sir,
The petitioner most respectfully states as under:
1. That the marriage was solemnized between the parties at ……….. (An affidavit, duly attested is
filed herewith).
2. That the status and place of residence of the parties to the marriage, before the marriage and at
the time of filing of this petition were/are as follows:-
Husband Status Place of Wife Status Place of
residence residence
(a) Before Hindu, Rohtak Hindu, Sonepat
Marriage unmarried unmarried
(b) At the time Hindu, married Rohtak Hindu, married Sonepat
of filing
petition
3. That after the solemnization of marriage the petitioner and respondent cohabited together as
husband and wife and consummated the marriage.
4. There is one boy of 6 years out of this wedlock who is living with the petitioner.
5. That the respondent has been treating the petitioner with mental and physical cruelty and also
she has deserted him for more than 3 years.
6. That in the view of the circumstances mentioned above the petitioner is entitled to the
dissolution of marriage by a decree of divorce.
7. That the petitioner has not in any manner been accessory to or connived at or condoned the acts
complained off and has not in any manner condemned the cruelty.
8. That the petition is not presented in collusion with the respondent.
9. That there has not been any unnecessary or improper delay in filing of this petition.
10. There is no other legal ground why the relief should not be granted.
11. There has not been any previous proceedings with regard to the marriage by or on behalf of any
parties.
12. That the husband and wife last resided together within the limits of the ordinary original civil
jurisdiction of this court.
13. That the proper court fee of Rs……….. has been affixed on the petition.
 14. The petitioner, therefore, prays that the marriage between the petitioner and the respondent may
be dissolved by a decree of divorce.
Place……………….. Sd-
Date………………... Petitioner
Verification. – I do hereby verify that the contents of paras no. 1-12 are true to my knowledge
and belief. Rest paras are also believed to be true on the basis of legal advice. Nothing has been
concealed therein.
Place……………….. Sd-
Date………………... Petitioner
 FORM NO. 4
Written Statement Against Petition for Divorce
(Under Section 13 of Hindu Marriage Act, 1955)
IN THE COURT OF THE DISTRICT JUDGE AT ROHTAK
Petition No………… of 2017
Leela Ram versus Vimmy
Petition under Section 13 of Hindu Marriage Act, 1955
Written Statement on behalf of the Respondent
Sir,
The respondent respectfully states as under:
1. That the contents of para no. 1 of the petition are admitted.
2. That the contents of para no. 2 of the petition are admitted.
3. That the contents of para no. 3 of the petition are admitted.
4. That the contents of para no. 4 of the petition are admitted.
5. That the contents of para no. 5 are denied. These are totally false allegations on the respondent.
6. That the petitioner is not entitled to the decree of divorce.
7. That the contents of para no. 7 of the petition are unnecessary hence denied.
8. That the contents of para no. 8 of the petition are unnecessary hence denied.
9. That the contents of paras 9-13 of the petition are unnecessary hence denied.
10. Therefore, it is prayed that the petition of the petitioner may kindly be dismissed with costs.
Place………………… Sd-
Date…………………. Petitioner
Verification. – I do hereby verify that the contents of paras no. 1-9 are true to the best of my
knowledge and belief and nothing has been concealed therein.
Place………………… Sd-
Date…………………. Petitioner
 FORM NO. 1
IN THE COURT OF……….. AT…………
In the matter of S versus B
Suit No………… of 2017
Suit for Recovery of Rs.1lac
AFFIDAVIT ON BEHALF OF PLAINTIFF
I, S son of Z aged about 40 years, resident of House No. 1005 Shakti Vihar, Bhiwani, Haryana do
hereby solemnly declare and affirm on oath as under:
1. That I gave Rs.90,000 as debt to Mr. B on 1-1-2016 at the interest rate of 12% per annum.
2. That now Mr. B is to pay to me Rs.1lac including interest.
Place………………… Sd-
Date…………………. Deponent
Verification. – I, S do hereby verify that the contents of paras 1-2 are correct to my knowledge
and belief. Nothing has been concealed therein.
Place………………… Sd-
Date…………………. Deponent

Note: Form No. 1 is the affidavit which is given during litigation. Whereas affidavit which is
demanded in executive offices is shown below as Form No. 2.

FORM NO. 2
AFFIDAVIT
I ……………. A, son of Shri B aged about 54 years, resident of House No…….., Ekta Colony, Delhi,
do hereby solemnly declare and affirm on oath as under:
1. That my date of birth is 05-06-1955.
2. That my annual income from all sources is Rs.4 lacs.
Place………………….. Sd-
Date…………………... Deponent
Verification. – I, A do hereby verify that the contents of paras no. 1-2 are correct to my
knowledge and belief. Nothing has been concealed therein.
Place………………….. Sd-
Date…………………... Deponent
 MODEL FORM OF EXECUTION OF DECREE
(ORDER 21)
IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) AT………
Sir,
I ……………………………. decree-holder do hereby apply for the execution of decree herein below
set forth:
1. No. of suit Civil Suit No. 102 of 2016
2. Name of parties A, son of B, r/o……..Plaintiff
C, son of D, r/o……..Defendant
3. Date of decree 1-10-2016
4. Whether any appeal No
5. Payment or Adjustment None
6. Previous application, if any with date and result None
7. Amount with interest due upon the decree or other relief As per decree
granted thereby together with particulars of any cross
decree
8. Amount of costs, if any awarded As per decree
9. Against whom to be executed Judgement Debtor/Defendant
10. Mode in which the assistance of the court is required.
I pray that the total amount of Rs………… together with interest at 12% p.a. upto the date of payment
and the costs of taking of this execution, be realized by attachment and sale of immovable property of
the defendant as per annexed list and paid to me.
Place……………….. Sd-
Date………………...
Decree-holder/Plaintiff
Through Counsel
Verification. – I do hereby verify that the contents of this execution application are true and
correct to my knowledge and belief. Nothing has been concealed therein.
Place……………….. Sd-
Date………………... (Decree-holder)
 MODEL FORMS OF APPEAL AND REVISION
1. FORM OF MEMORANDUM OF APPEAL
(Under Section 96, C.P.C.)
IN THE HIGH COURT OF …………. AT
Civil Appellate Jurisdiction
First Appeal No……. of 2017
A……. s/o……… aged 50 years, r/o………….. Appellant/Plaintiff
Versus
L……. s/o……… aged 52 years, r/o…………..
Respondent/Defendant
Appeal against judgment and decree
passed by Civil Judge, Senior
Division, Rohtak on 1-02-2017 in
Suit No. 45 of 2006
Valuation of the Appeal is Rs……………
The Court fee paid is Rs…………………
To,
THE HON’BLLE CHIEF JUSTICE
AND OTHER PUISNE JUSTICES
OF THE HIGH COURT
The appellant most respectfully showeth that:
1. The respondent has filed the suit no. 37 of 1985 in the Court of Civil Judge, Senior division,
Rohtak, against the appellant for the recovery of Rs. 15,000 which sum the appellant allegedly
owed to the respondent against a promissory note executed by the appellant in favour of the
respondent.
2. The learned Judge heard the said suit and passed a decree of Rs. 20,000 against the appellant on
the 1st of February, 2017.
3. The appellant being aggrieved by the said decree and judgement prefers this appeal on the
following amongst other.
GROUNDS:
(i) That the learned Judge erred in holding that the promissory note was legally valid.
(ii) That the promissory note was invalid and hence not enforceable against the appellant.
(iii) That no consideration has passed from the respondent to the appellant under the promissory
note.
(iv) That the learned Judge erred in holding that the promissory note was executed by the
appellant.
(v) That the hand-writing expert was not called for inspite of the repeated requests from the
appellant.
(vi) That the learned Judge erred in not appreciating the evidence of the appellant (defendant)
and his witnesses.
(vii) That the decision of the learned Judge is against the weight of evidence in the case, and the
learned Judge ought to have dismissed the plaintiff’s suit.
(viii) That the decision of the trial court is against justice, equity and good conscience and hence
nto suitable.
 4. The appellant has not filed any other appeal prior to this in the Hon’ble Court.

PRAYER
1. The appellant, therefore, submits that the Honourable Court be pleased to send for the records of
the suit from the trial Court.
2. Pending the hearing and final disposal of this appeal, the respondent be restrained by an order of
the Hon’ble Court from executing the aforesaid decree against both – person and property of the
appellant.
3. The relief sought by way of this appeal is that this Hon’ble Court be pleased to allow the appeal,
judgement and decree of the Trial Court aforesaid be set aside, or be pleased to pass such order
and further order as this Hon’ble Court may deem fit and proper in the circumstances of the case
in order to do justice in the matter.
Place…………….. Sd-
Date……………... Appellant/Plaintiff
Sd-
Advocate

2. FORM OF FIRST APPEAL BEFORE DISTRICT JUDGE

IN THE COURT OF THE DISTRICT JUDGE AT………..
Civil Appeal No………… of 2017
(Under Section 96, C.P.C.)
OP, s/o……………….. , aged about……… years,
resident of……….. District………. Appellant/Plaintiff
Versus
LN, s/o ……………… , aged about………. years,
resident of………. District……….
Respondent/Defendant
Valuation of the Suit Rs……………
Valuation of the Appeal Rs………...
Court fee paid Rs…………………..
To,
The Appellant/Plaintiff most respectfully showeth:
The appeal of the plaintiff/appellant aforesaid, against Judgement and decree, dated………..
passed in Original Suit No………. of 2006 between OP versus LN….. dismissing the suit of the
plaintiff/appellant is most respectfully preferred on the following amongst other grounds:
GROUNDS OF APPEAL
1. Because the trial court has erred in using his discretion wrongfully as to granting of pendent lite
interest in the matter.
2. Because the appellant is entitled to contractual rate of interest, which the learned trial court has
erroneously disallowed.
3. Because the plaintiff/appellant is entitled to the principal amount advanced by him to the
defendant plus interest at the contractual rates.
PRAYER
It is therefore most respectfully prayed that this appeal may be allowed with costs, setting aside the
judgement and decree of the trial court dated……… in O.S. No………. of 2006 and decreeing the
claim of the appellant for the principal amount of Rs.10,000/- advanced to the respondent plus interest
at the contractual rate till date of filing of the suit and pendent lite till date of recovery thereof.
Place…………………… Sd-
Date……………………. Appellant
Sd-
Advocate
 MODEL FORMS OF WRIT PETITIONS IN
SUPREME COURT
(Under Article 32)
FORM NO. 1
IN THE SUPREME COURT OF INDIA AT NEW DELHI
(In exercise of jurisdiction under Article 32 of the Constitution)
Writ No……….. of 2017
A, son of C, resident of ………………….
at present detained as an Akali detenue in the
Districtt Jail at Rohtak Petitioner
Versus
(1) The State of Punjab
(2) The District Magistrate, Amritsar, and Respondent
(3) The Superintendent, District Jail, Rohtak
To,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS PUISNE JUSTICES OF THE
SUPREME COURT OF INDIA
Petition for Writ of Habeas Corpus
The humble petition of the petitioner respectfully showeth:
1. That the petitioner is a respectable law-abiding citizen of India and was arrested by the
Amritsar (Punjab) Police on the ……… day of ………. 2017 and is now confined as a
detenue under the orders of the second respondent in the custody of third respondent in the
District Jail at Rohtak.
2. That the detention of the petitioner purports to be under the Preventive Detention Act, 1950.
3. That the petitioner was given following grounds of detention under Section 7 of the
Preventive Detention Act, 1950 on the …….. day of ……. 19 ………
“(i) On ……. you participated in the general meeting of the …………. when a resolution
delegating full powers to ………… to manage the affairs of the …….. was passed. You also
participated in an informal meeting of the ………. workers on ……….. when it was decided
to hold ……… Convention ………. on …….. the ………. and the …….. of ………
19…….. as a result of these meetings a resolution, sponsored by ……. has been passed by
the Working Committee of the ……. on the …… to the effect that if the …….. MLA’s of the
Punjab Legislative Assembly do not voluntarily quit ……. they will be compelled to do so
by coercive methods.
(ii) You have in public utterances declared yourself to be a firm believer in leadership of
…….. and, according to you, he is the only person who could deliver good to the
…………. Community. You are of the view that in the long run………. who were at
present working as henchmen of the……… would also have to revert to
the………..’s lead.
(iii) Now that a resolution making the intentions of the ………. very clearly has been
passed that unlawful methods will be adopted, it is strongly believed that in
pursuance of that resolution you will commit acts prejudicial to public order.
 Your detention has, therefore, been ordered to ensure the maintenance of public
order.”
4. That the petitioner was advised that his arrest and detention is illegal, mala fide and
capricious one…….. therefore moved the Hon’ble High Court of Judicature for the State of
Punjab at Simla on…….. in Criminal Miscellaneous Petition No……… of ……. Under
Article 226 of the Indian Constitution read with Section 491 of the Criminal Procedure Code
praying for a writ of habeas corpus for the release of the petitioner.
5. That the said Hon’ble High Court was pleased to reject the above said petition of the
petitioner herein by its judgement dated………………
6. That the petitioner is not satisfied with the orders of the Hon’ble High Court for the State of
Punjab at Simla, and the petitioner is informed that the said………… is separately taking
steps for obtaining leave to appeal against that order of the High Court.
7. That in any case the petitioner is advised that his continued detention in the above
circumstances is in direct violation of his fundamental rights (as herein below detailed) and
therefore begs to move this Hon’ble Court under Article 32 of the Constitution of India for a
writ of Habeas Corpus or other appropriate writ, order or direction directing the respondents
to release the petitioner forthwith on the following amongst other.
GROUNDS
(i) For that none of the grounds mentioned in para 3 above have any proximate
connection or relevancy to the maintenance of public order.
(ii) For that is it an abuse of the process granted to the Executive under the Preventive
Detention Act………. to detain the petitioner for joining in any procession or making
of any speeches as alleged in sub-paragraphs (i) and (ii) of para 3 above. Such use of
the Act is mala fide.
(iii) For that similarly the use of the said Act for the detention of the petitioner in respect
of the alleged activities of the petitioner as mentioned in sub-paragraphs (i) and (ii) of
para 3 above is mala fide.
(iv) For that the Resolution of the Working Committee dated………. Is unobjectionable
……….. has been released from custody on the ground that provisions of law under
which he was being prosecuted, viz., Section 124-A and Section 153-A, I.P.C., etc.
have been held to be ultra vires the Constitution. The whole superstructure built by
the second respondent countenanced and accepted as correct by the High Court, in its
judgement referred to above falls to the ground.
(v) For that the learned Judges of the High Court erred in taking into consideration the
speech made by ………… and linking the same with the Resolution of the Working
Committee.
(vi) For that it is not proper to hold that any alleged past activities of the appellant not
resulting in any disturbance of public order then, could form the basis of an
assumption regarding the likelihood of an imminent danger of the breach of peace
now, at this distance of time; nor could the passing of the Resolution of the Working
Committee dated……….. bring about a change in conditions as alleged with the
consequential apprehended disturbance of public tranquillity. The assumption is
unfounded and unreasonable. Further, the petitioner was not even a member of the
said Working Committee.
(vii) For that the satisfaction of the learned District Magistrate was not based on such
materials or grounds which could reasonably form basis of an order of detention such
as the one passed in this case. It is camouflage to state that the allegations contained
in the said grounds were such as were likely to be prejudicial to the maintenance of
public order.
(viii) For that the detention of the petitioner is not in accordance with procedure established
by law.
(ix) For that the Preventive Detention Act,………… is ultra vires the Constitution inter
alia for the following reasons:
(a) It offends against the provisions of Article 19(1)(a) of the Constitution in as much
as it proceeds to do indirectly what it could not do directly in the matter of
unjustifiably restricting the freedom of speech and expression, vide grounds in
sub-paragraphs (i) and (ii).
(b) It offends similarly against the provisions of Article 19(1)(b) of the Constitution in
as much as it operates unreasonably on peaceable assembly without arms vide
grounds mentioned in sub-paragraph (ii) of para 3 above.
(c) It offends similarly against the provisions of Article 19(1)(c) of the Constitution,
vide grounds mentioned in sub-paragraphs (i) and (iii) of para 3 above.
(d) Section 3 of the said Act is contrary to procedure established by law. The
subjective suggestion provided for in the section is ultra vires the Constitution.
(e) Section 7 of the said Act provides for representation to the State Government itself
which is repugnant to fundamental principle of law that no man can be judge in his
own case.
(x) For that the extension dated ………… of the detention order is ultra vires and illegal.
Further no grounds in respect of the extension of detention order have been supplied
to the petitioner.
(xi) For that the detention order itself mentions “that security of State and the maintenance
of public order,” the grounds supplied relate only to the maintenance of public order.
The said detention order is in itself either vague and inoperative or illegal.
(xii) For that the decision in Gopalan’s case does not form appropriate precedent in this
matter as it was given in a different factual context. For the same reason Mahindar’s
case is not so binding and further the purpose therein was different and the
Constitution did not operate thereon.
(xiii) For that the decision in Gopalan’s case loses much of its validity and operation as
precedent as there were compelling reasons given by different Judges which almost
neutralize each other leaving the field clear.
(xiv) For that in Gopalan’s case, reference was made to ‘due process of law, the Draft
Committee’s Report, the Debates’ etc. such matters could not be referred to. Personal
liberty has always been understood too include freedom of speech and right of
association and peaceable assembly. Constitution is interpreted in a manner in many
respects peculiar to themselves. The correct approach to the problems of interpreting
Articles 19 to 21 of the Constitution has been entirely overlooked. The well-known
rules of interpretation have been ignored in this behalf. Even the matters of procedure
the various fundamental principles which form now the basis of legislation in this
 behalf for generations past are easily ascertainable and have been declared by the
Judges in India and in the Privy Council and are now well established. To say that any
enactment of Parliament forms the procedure established by law is contrary to the
Constitution and is not good law.
8. This humble petitioner therefore prays that your Lordships may be pleased to issue rule nisi
to the respondents directing them to produce the petitioner before this Hon’ble Court and to
justify his detention in accordance with procedure established by law and that after hearing
the parties, your Lordships may be pleased to issue a writ of habeas corpus or other
appropriate writ or direction to set the petitioner at liberty. For which favour this humble
petitioner shall ever pray.
Note. – An affidavit in support of the petition is filed herewith.
Place……………… Sd-
Date………………. Petitioner
Sd-
Senior Advocate,
Supreme Court
Verification. – I do hereby verify that the contents of para no. 1-7 are true and correct to the best of my
knowledge and belief. Contents of remaining paras are also believed to be true based on legal advice.
Nothing has been concealed therein.
Place………………. Sd-
Date……………….. Petitioner
(Next friend of
Petitioner)
 MODEL FORM OF COMPLAINT
FORM NO. 1
Complaint of Theft (S. 379 of I.P.C.)
IN THE COURT OF…………. AT…………..
Complaint No……… of 2017
A, s/o…………, r/o……….. Complainant
Versus
E, s/o…………, r/o………..
F, s/o…………, r/o………..
G, s/o…………, r/o………. Accused
Police Station……………
Complaint under Section 379 of I.P.C.
The complainant A states as follows:
1. On 10-11-2017, the complainant along with other members of his family by a bullock cart, was
going from town Badaun to Kakora fair, district Badaun. At about 11 p.m. when the bullock-cart
carrying the complainant and the members of his family reached near the culvert of canal going
to village Kasimpur, the three accused persons E,F and G came and from back side of the cart
removed the two boxes containing clothes and cash. The complainant and the other members of
his family raised alarm, the witnesses X Y also arrived on the spot. The complainant and the
witnesses chased the accused persons but the accused persons ran away.
2. The witnesses X and Y knew the accused persons from before and told the names of the accused
persons to the complainant.
3. The above police station refused to lodge the F.I.R. that is why this complaint is filed.
4. In the aforesaid circumstances, the accused have committed offence punishable under Section
379 of the Indian Penal Code.
PRAYER
It is therefore, most respectfully prayed that the accused may be prosecuted and punished according to
law.
Place……………….. Sd-
Date………………... Complainant
 MODEL FORM IN CASE OF INTERIM APPLICATIONS
IN CRIMINAL CASES
FORM NO. 1
Application for issuance of a search warrant (S. 99/100 of Cr.P.C.)
IN THE COURT OF JUDICIAL MAGISTRATE, 1st CLASS, BHIWANI
Application No……… of 2017
State versus Sucha Singh
F.I.R. No. – 11 of 2017
Police Station – City Bhiwani
Under Section 379, 411 I.P.C.
Application for search of a house by issuing a warrant under Section 99/100 of Cr.P.C., 1973.
Sir,
The applicant respectfully states as under:
1. That the criminal case is under trial before your honourable court against the accused.
2. That yesterday the police got the information that the stolen property, thefted by accused is now
kept by Shri Jagir Singh, s/o Shri Avatar Singh in his house no. 60, Indra Colony, Bhiwani.
3. That Shri Jagir Singh is under planning to sell it at any moment in the market.
4. It is, therefore, prayed to issue search warrant so that the house of Shri Jagir Singh can be
searched and recovery of the stolen property may be effected.
Place……………… Sd-
Date………………. Public Prosecutor
 MODEL FORM (BAIL APPLICATION)
FORM NO. 1
(Accused in Custody)
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS AT……………..
Criminal Miscellaneous Application No………….. of 2017
State versus Rohit
F.I.R. No. – 101
Dated…………
Under Section 304-A of I.P.C.
Police Station…………
Application under Section 436,
Cr.P.C. for Bail
Sir,
The applicant/accused humbly states as under:-
(1) That the applicant was arrested by the police of Police Station………… on……….. and sent up
for remand to custody in the above case.
(2) That the applicant is innocent and has not committed the offence mentioned above.
(3) That the offence is bailable and the applicant is prepared to furnish bail.
PRAYER
It is, therefore, respectfully prayed that the Court be pleased to order that the applicant be released on
bail pending decision in the above case.
Sd-
Applicant
Place……………….. or
Date………………... Counsel for the Applicant
 MODEL FORM (SALE DEED)
FORM NO. 1
Draft Sale Deed
This deed of sale executed at…………. this day of………… 2017……… by Shri………., s/o……..
Hindu/Jain/Mohammedan/Christian, residing at……………………………………. hereinafter called
the vendor to and in favour of…………… s/o……………….. Hindu/Jain/Mohammedan/Christian
residing at…………………………………. hereinafter called the purchaser, the terms vendor and
purchaser wherever the context so admits meaning and including their respective heirs, executors, legal
representatives and assigns, witnesses as follows.
Whereas the vendor is the absolute owner of the Schedule-mentioned property, he having
purchased the same under deed of sale, dated………….. registered as document no…………. in the
office of the Registrar of Assurances at……………………… belonged to…………. under deed of sale
dated………….. registered as document no…………. in the office of the Registrar of Assurances, the
vendor being the sole heir to the said………… whereas the vendor has been in exclusive possession
and enjoyment ever since then, whereas the purchaser has agreed to purchase the same.
Now the deed of absolute sale witnesses that in consideration of the premises and in further
consideration of the sum of Rs. ……….. (Rs……….) only, paid by the purchaser to the vendor, in
cash/under pay order no…...... dated………. drawn by…………….. Bank and in favour of the vendor,
at the time of execution of these presents/at the time of registration of these presents before the
Registering Officer/or paid by the purchaser to the vendor in manner of the following:
(i) Rs………….. (Rupees………………… only) paid in advance on…………… on the date of
agreement of sale.
(ii) Rs………….. (Rupees………………… only) paid at the time of execution of the sale-deed
in cash/pay order………. at the time of registration of these presents before the Registering
Office aggregating to Rs………….. (Rupees…………………….. only).
The receipt of which sum in manner aforesaid the vendor doth hereby acknowledge, he the vendor
doth hereby grant transfer, convey and assign as and by way of absolute sale unto the purchaser all
that…………………. premises being………….. agricultural land-building site in………….. house,
ground and premises bearing door no…......... more particularly described in the schedule hereto
together with all right, title, estate, interest, property, claim and demand into and upon the schedule
mentioned property with all rights, waters, water courses, ways, easements, advantages, privileges,
opportunities belonging to or reputed to belong now or heretofore therewith or any part thereof, to
have and to hold the same unto and to the use of the purchaser absolutely and forever, free from all
encumbrances, charges, lien, trust, will, litigation lis pendens, attachment, right or demand of any
kind whatsoever.
The vendor has this day delivered vacant possession of the property more fully described in
the schedule hereto to the purchaser.
The vendor doth covenant with the purchaser as follows:
1. The vendor is the sole person absolutely entitled to the property hereby conveyed and
has been in exclusive possession and enjoyment of the same and that he has full power
and authority to convey the same to the purchaser.
2. The property hereby conveyed shall be entered upon peaceably and quietly enjoyed by
the purchaser without any let or hindrance by the vendor or anyone claiming under or
through the vendor.
 3. The purchaser shall henceforth collect the profits/income/rent from the schedule-
mentioned property.
4. The vendor has paid all the public charges, rates and outgoings in respect of the said
property till date.
5. The vendor had not done o knowingly suffered or been a party or privy to any act, deed
or thing by reason whereof the said property is charged to or encumbered or affected in
estate, title or otherwise.
6. The vendor shall keep the purchaser indemnified against all claims, actions,
proceedings, demands, cost, damages and expenses whatsoever which the purchaser
may be put to by reason of any defect in title or breach by the vendor of any of the
covenants, assurances and representations contained herein.
7. The vendor shall at all times at the request of, and at the cost of, the purchaser execute
and cause to be executed and registered and do all such acts, deeds and things as may
reasonably be required of him for further and better assuring the schedule mentioned
property or any part unto and to the use of the purchaser.
8. The vendor has this day handed over the documents of title listed in Appendix I to the
purchaser.
9. The vendor has no objection to the rights and liberties he had with Electricity Board
including Security Deposits and interest accrued thereon being transferred and credited
in favour of the purchaser; so too he has no objection to mutation in the field records
maintained by Revenue Department and in the assessment register maintained by
municipality and other public departments recognising the purchaser as owner of the
property hereby conveyed.
In witness whereof the vendor has set his hands and seal on the day and year first above-written
and in the presence of witnesses:
1. Sh………………, s/o…………….., r/o………. Sd-
2. Sh………………, s/o…………….., r/o………. Seller
Sd-
Purchaser
 MODEL FORM NO. 1
Simple Mortgage
1. This Deed of Simple Mortgage executed at……….. this……… day of ……….. 2017 by A. Son
of Shri………………, r/o………… hereinafter called the mortgager in favour of B, son of
Shri………………, r/o…………. hereinafter called the mortgagee, the terms mortgagor and
mortgagee meaning and including his respective heirs, executors, administrators, legal
representatives and assigns witnesseth as follows:
2. Whereas the mortgagor is the absolute owner of the property fully described in the schedule
hereto, whereas the mortgagor is in urgent need of funds (for celebrating his daughter’s
marriage/for discharging prior mortgage deed dated………… in favour of………., etc.),
whereas the mortgagor approached the mortgagee for a loan of Rs……………
(Rupees…………………. only), whereas the mortgagee has consented to the same.
3. Now this date of First Simple Mortgage witnesseth that in consideration of the premises and in
further consideration of the sum of Rs………….. (Rupees……………… only) paid by the
mortgagee to the mortgagor (as in Form No. 1) the receipt of which sum in manner aforesaid the
mortgagor doth hereby acknowledge, he the mortgagor doth hereby transfer, convey and assign
unto the mortgagee as and by way of first simple mortgage all the property more fully described
in the schedule hereto subject to the following terms and conditions viz:
(i) To repay the principle sum on demand (on any period agreed to between the parties).
(ii) In the meanwhile to pay interest @ 18% p.a.
(iii) In the event of the mortgagor failing to pay the amount due under the mortgage on
demand, the mortgagee shall a right to sue for recovery of the said amount and if need be
to have the property sold in the said proceeding for due realization of the mortgage-dues.
(iv) During the subsistence of the mortgage the mortgagor shall pay all public dues and taxes
accruing due in respect of the schedule mentioned property and shall not allow the same
to be proceeded against for recovery of such dues and taxes. If the mortgagee were to
spend money to save the mortgage-property from being sold for recovery of said dues,
such monies shall be, deemed and treated as principal amount, and recovered as such.
(v) During the subsistence of the mortgage the mortgagor shall keep the property mortgaged
in good condition and shall not commit any act which is destructive or permanently
injurious thereto as to cause the security to become insufficient.
The mortgagor doth assure the mortgagee that save the mortgage in favour of C to secure a sum
of Rs……………. Under deed of First Simple Mortgage, dated……… there are now no other
encumbrances subsisting on the mortgaged property.
The mortgagor doth also assure the mortgagee that he shall continue to the pay the interest due
on the first mortgage without any default and shall not render any act, deed or thing, whereby
the mortgaged property will become insufficient security.
Witnesses:
1. Sh………….., s/o…………, r/o……. Sd-
2. Sh………….., s/o…………, r/o……. Mortgagor
Sd-
Mortgagee
 MODEL FORM
Lease Deed with an option to renew
This deed of lease made at………. this day…… of 2017…… by and between A, son of Shri……..,
resident of……….. and B, son of Shri…………, resident of……… is as under:
Whereas the lessor is the absolute owner of the property more fully described in the schedule,
whereas the lessee approached the lessor for lease of the said property to the former, whereas the lessor
has consented to the same.
It is, hereby, mutually agreed to between the parties hereto as follows:
1. The property demised by the lessor to the lessee is the one that is more fully described in the
Schedule hereto.
2. The tenancy is for a period of three years from this date (i.e.) from……. to……… The lessee
is given the option to renew the lease for a further period of three years provided he exercises
his right to renew the lease three months prior to expiry of the lease period herein and
provided further that on such renewal the lessee shall pay as monthly rent the present
monthly rent plus 20% increase thereon.
3. The monthly rent is Rs…….. (Rupees…………. only) it does not include charges or fees for
such as water electricity, etc. The lessee shall, himself, bear the charges or fees for such
amenities.
4. The demised premises shall be used for residential/non-residential/manufacturing purposes
only.
5. The lessee has paid this day to the lessor a sum of Rs……… (Rupees………….. only) as
security deposit. The same is refundable to the lessee on the lessee’s vacating and
surrendering vacant possession of the demised premises subject to adjustment by the lessor
as hereinafter stipulated. In the meantime, it shall not carry any interest.
6. The monthly rent shall be paid on or before 5 th of the month succeeding that for which the
same shall fall due on 5th of every succeeding month.
7. The lessee shall not sublet the demised premises or any art thereof without, the written
consent of the lessor.
8. The lessee shall not erect any permanent structure in the demised premises or any part
thereof without the written consent of the lessor.
9. The lessee is entitled to make his own arrangements for the additional electrical fittings at his
cost and responsibility and shall remove all such fittings at the time of vacating the demised
premises without causing any damage to the premises.
10. The lessee shall, at his cost carry out, minor repairs to, and colour/white wash, the premises.
The lessee should maintain the property in good condition and shall, at the time of vacating
the premises, hand over the same in the same condition as it was at the time of letting subject
to reasonable wear and tear.
11. The lessee should allow the lessor and or his agents, at all reasonable times during the
subsistence of the lease to enter upon the property and inspect the condition thereof and give
or leave notice of any defect in such condition and if such defect is caused by any act or
default on the part of the lessee, his servants or agents, he is bound to make good the same
within three months from date of receipt of such notice by the lessor.
12. If the lessee becomes aware of any proceeding touching the demised property or any
encroachment he shall give with reasonable diligence notice thereof to the lessor.
13. The lessee shall not put the demised property for any purpose other than that for which it is
leased.
14. In case the lessee were to commit breach of any of the covenants contained herein, the lease
shall stand determined irrespective of the period stipulated herein, and the lessor will be
entitled to re-enter the same.
15. The lessee shall vacate and surrender vacant possession of the demised premises on the
expiry of the period of lease.
16. If at the time of vacating the premises any damage is found to have been caused to the
premises the lessee shall bear such cost as to repair the damages and if the lessee shall fail to
do so, the lessor is entitled to have the repair carried out and shall adjust such cost against the
security deposit in his hands and refund the balance subject to further adjustments against
arrears of electricity charges, water charges and other public dues payable by the lessee
touching the demised premises.
17. The lessor shall pay the property tax and other taxes by virtue of possessing and enjoying the
property. In case the lessee were constrained to pay, he is entitled to adjust such payments
against the rents.
18. The lessor assures the lessee that the lessee shall enjoy the demised premises without any
interruption or interference by him or at his instance as long as the lessee observes his
obligations under this deed of lease.
19. The term lessor shall mean and include his heirs, executors, administrators, legal
representatives and assignees while the term lessee will include only his wife and son living
as part of his family until his demise.
20. In other respects the Transfer of Property Act shall apply.
In witness whereof the lessor and the lessee set their respective hands and seals on the and year
first above written and in the presence of witnesses:
1. Shri………., s/o…………, r/o………… Sd-
2. Shri………., s/o…………, r/o………… Lessor
Sd-
Lessee