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This document is a plaint filed by AB against PQ in a court of small causes. It states that AB is the owner of a house that PQ has been renting on a monthly basis since an agreement in [DATE]. It alleges that PQ has not paid rent since June and remained in the house after AB issued a notice to quit. AB is claiming ejectment of PQ from the house and payment of outstanding rent and damages.

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Kaushal Didwania
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0% found this document useful (0 votes)
198 views

Drafts and Formats

This document is a plaint filed by AB against PQ in a court of small causes. It states that AB is the owner of a house that PQ has been renting on a monthly basis since an agreement in [DATE]. It alleges that PQ has not paid rent since June and remained in the house after AB issued a notice to quit. AB is claiming ejectment of PQ from the house and payment of outstanding rent and damages.

Uploaded by

Kaushal Didwania
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Format of Plaint

Suit for Ejectment and Arrears of Rent


In the Court of Small Cause, …………..
Suit No. ……. Of …..
(Space for Court-fee Stamp)
AB S/o CD Age….. Resident of ………… Plaintiff
Versus
PQ S/o RS Age….. Resident Of ………… Defendant
Suit for Ejectment, Arrears of Rent and Mesne Profits

The above-named plaintiff states as follows: -


1. That the plaintiff is the owner of the house no. ……. Situated at ……… and bounded
as below: -
Boundaries of the Houses
********
2. That under verbal agreement made on ….. 20 ….. the defendant became a monthly
tenant to the plaintiff in respect to the house described in paragraph I above at the rent
of Rupees ………. Per month and has been in occupation of the said house as such
tenant since the above mentioned date of the agreement.
3. That the defendant has not paid the rent from June 1, 20.. or any part thereof.
4. That the plaintiff duly determined the said tenancy by serving on the defendant, by
registered post on October 1, 20.. a notice to quit the said house within thirty days of the
receipt of the notice and pay the entire arrears f rent from June 1, 20… That the said
notice was served upon the defendant on October 7, 20.. yet the defendant has not
vacated the house, nor has he paid the said arrears of rent or any part thereof. Hence
the defendant is liable to Ejectment under section 20 of the U.P. Act No. XIII of 1971.
5. That now a total sum of Rupees ….. is due to the plaintiff as against the defendant,
that is Rupees ……….. on account of arrears of rent from June 1, 20.. to November 7,
20.. , and Rupees ……. On account of damages for use and occupation from November
8, 20.., to 20.., the date of filing the suit.
6. That the cause of action for the said arose on November 8, 20.., when the period
stipulated in the said notice expired.
7. That the defendant resides at …. within the jurisdiction of the court.
8. That the valuation of the suit for purpose of jurisdiction and payment of court-fee is
Rupees …….. , has been paid.
Wherefore the plaintiff claims –
a) That the decree for Ejectment of the defendant from the house described in
paragraph 1 above be passed in favour of the plaintiff.
b) That the decree of Rupees on account of arrears of rent from June 1, 20.. to
November 7, 20.. be passed in favour of the plaintiff.
c) That a decree for Rupees …. On account of damages for use and occupation at the
rate of Rupees …… per month from June 1, 20.. , to November 7, 20.. , the date of suit,
be passed in favour of the plaintiff as against the defendant.
d) That a decree for further damages for use and occupation at the aforesaid rate till the
Ejectment of the defendant be passed in favour of the plaintiff as against the defendant
on payment of additional court-fee.
e) That cost of the suit be allowed to the plaintiff.

Place: …….. AB
Date: …….. Plaintiff
Through
Advocate
Verification
I, AB, he aforesaid, plaintiff, do hereby verify the contents of paragraphs …… and ……..
of the above plaint are true to my personal knowledge nd the contents of the
paragraphs ………. And ……., I believe to be true on information received.
Signed and verified this …… day of . 20.. ….., at ……
AB
Plaintiff
Format of Written Statement
Suit for Ejectment and Arrears of Rent
In the Court of Small Cause, …………..
Suit No. ……. of …..
(Space for Court-fee Stamp)
AB S/o CD Age….. Resident of ………… Plaintiff
Versus
PQ S/o RS Age….. Resident of ………… Defendant

Written Statement for Ejectment, Arrears of Rent and Mesne Profits


The above-named defendant states as follows: -
1. That the defendant admits the facts stated in paragraph 1 of the plaint.
2. That the defendant admits the agreement mentioned n paragraph 2 of the plaint and
his his occupation of the said house as alleged therein.
3. That the defendant denies that he has not paid the rent from June 1, 20.. , as stated
in paragraph 3 of the plaint.
4. That the defendant admits service of the notice alleged in paragraph 4 of the plaint,
but does not admit that the plaintiff duly determined the defendant’s tenancy thereby.
That the defendant admits that he continues to be in occupation of the said ouse but
denies that he has not paid any part of the said arrears of rent or that he is liable to
Ejectment under the provisions of law alleged in paragraph 4 of the plaint.
5. That the defendant does not admit anyone of the several allegations made in
paragraph 6 of the plaint.
6. That no cause of action even occurred to the plaintiff alleged in paragraph 6 of the
plaint.
7. That the defendant admits the jurisdiction of the court as alleged in paragraph 7 of
the plaint.
8. That paragraph 8 of the plaint relates to valuation of the suit and payment of court
fee.
Additional Pleas
9. That the defendant has paid the rent for the months May, June, July, August and
September, 20…, to Sri EF, the plaintiff’s authorized agent who has been collecting the
rent of the said house on behalf of the plaintiff but no rent receipts in respect of the
aforesaid months have been issued to the defendant even after repeated demands by
the defendant.
10. That the rent for the October, 20.. , and that for the subsequent months was
tendered to the said agent of the plaintiff and to the plaintiff himself but both have
refused to accept it.
11. That in fact only Rupees ….. , are due from the defendant to the plaintiff as arrears
of the rent , being the rent for the months mentioned in paragraph 10 above and that the
defendant is ready and willing to pay the said amount to the plaintiff.
12. That the notice mentioned in paragraph 4 of the plaintiff is invalid in that it did not
purport to give sufficient period of time of the defendant as stipulated in section 30 of
the U.P. Act No. XIII of 1972.
13. That there are absolutely no grounds for granting the relief prayed for by the plaintiff
and the suit is liable to be dismissed with costs.
Place: …….. AB
Date: …….. Defendant
Through
Advocate
Verification
I, AB, he aforesaid, defendant, do hereby verify the contents of paragraphs …… and
…….. of the above plaint are true to my personal knowledge nd the contents of the
paragraphs ………. And ……., I believe to be true on information received.
Signed and verified this …… day of . 20.. ….., at ……
AB
Defendant
Specimen Affidavit of Creditor in proof of his debt in Proceeding for the
Liquidation of a Company
IN THE (HIGH) COURT OF…………………………………………
In the matter of Companies Act, 1956
And
The matter of the liquidation of…………………… Company Limited.
I, A.B., aged………… years, son of Shri…………… resident of……………………, do
hereby on oath (or on solemn affirmation) state as follows:
1. That the abovenamed company was on the…………… day of………………, 2013,
the date of the order for winding up the same, and still is justly and truly indebted to me
in the sum of Rupees……………………… (Rs……………………) only in account of
(describe briefly the nature of the debt).
2. That in proof of the aforesaid debt I attach hereto the documents marked A, B and C.
3. That I have not, nor have any person or persons by my order or to my knowledge or
belief for my use, received the aforesaid sum of Rupees……………… or any part
thereof, or any security or satisfaction for the same or any part thereof except the sum
or security (state the exact amount of security).
4. That this my affidavit is true, that it conceals nothing and no part of it is false.
Sd/-
A.B.
Dated Deponent
Verification
I, the abovenamed deponent, verify that the contents of paragraphs 1 to 4 of this
affidavit are true to my personal knowledge.Sd/- A.B.
Dated……………………
I,……………………S/o…………………R/o…………………………declare, from a perusal
of the papers produced by the deponent before me that I am satisfied that he is Shri
A.B.
Sd/-……………………
Solemnly affirmed before me on this…………………… day of…………………… 2013
of…………………… (time) by the deponent.
Sd/-……………………
(Oath Commissioner)
Specimen Form of Appeal to the High Court
IN THE HIGH COURT OF…………………… AT……………………
CIVIL APPELLATE JURISDICTION
REGULAR CIVIL APPEAL NO…………………… OF
IN THE MATTER OF:
A.B.C. Company Ltd. a company incorporated under the provisions of the Companies
Act and having its registered office………………………
Appellant
Versus
M/s…………………… a partnership concern (or XYZ company Ltd., a company
incorporated under the Companies Act and having its registered office
at……………………)…
Respondents
May it please the Hon’ble Chief Justice of the High Court of…………………… and his
Lordship’s Companion Justices,
The appellant-company
MOST RESPECTFULLY SHOWETH:
1. That the appellant herein is a company duly registered under the provisions of the
Companies Act and the registered office of the appellant is at…………………… and the
company is engaged in the business of manufacturing……………………
2. That the respondents who are also doing business of selling goods manufactured by
the appellants and other manufacturers approached the appellant for purchasing from
the appellant-company the aforesaid manufactured goods. An agreement was reached
between the parties which were reducing into writing. The appellant supplied goods
worth Rs. 15 lacs over a period of …………………… months to the respondents. A
statement of account regarding the goods so supplied is annexed hereto and marked as
ANNEXURE A-1.
3. That the respondents have made a total payment of Rs. 6 lacs on different dates. The
statement of the said payments made by the respondents is appended and is marked
as ANNEXURE A-2.
4. That the remaining amount has not been paid by the respondent despite repeated
demands and issuance of a legal notice by the appellant through advocate.
5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9
lacs together with interest at the rate of 12% per annum and the cost of the suit. The
suit was filed on…………………… in the court of the learned District Judge.
6. That upon being summoned by the said court the respondents appeared through
counsel and filed their written statement to which appellant-plaintiff also filed replication
(rejoinder).
7. That the parties led evidence. After hearing the counsel for the parties the learned
District Judge has by his judgement and decree passed on…………………… dismissed
the appellant’s suit on the ground that the evidence led by the parties does not establish
the claim of the appellant-plaintiff. Copies of the judgement and decree of the court
below are annexed hereto and are marked as ANNEXURE A-3 AND A-4, respectively.
Aggrieved by the aforesaid judgement and decree of the court below dismissing the suit
of the plaintiff, this appeal is hereby filed on the following, amongst other,
GROUNDS
A. That the judgement and decree under appeal are erroneous both on facts as well as
law.
B. That the learned trial court has failed to properly appreciate the evidence, and has
fallen into error in not finding that the preponderance of probability was in favour of the
plaintiff-appellant.
C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the
suit and the defendant-respondent has failed to effectively rebut the plaintiff’s evidence,
more particularly the documentary evidence.
D. ……………………
E. ……………………
8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at ₹
…………………… and the requisite court fee in the form of stamps is appended to this
memorandum of appeal.
9. That this appeal is being filed within the prescribed period of limitation, the judgement
and decree under appeal having been passed on…………………
In the above facts and circumstances the appellant
prays that this appeal be allowed, the judgement and decree under appeal be set aside
and the decree prayed for by the appellant in his suit before the court below be passed
together with up-to-date interest and costs of both courts.
APPELLANT
(……………………)
VERIFICATION
Verified at…………………… on this, the…………………… day of…………………, 2018
that the contents of the above appeal are correct to the best of my knowledge and belief
and nothing material has been concealed therefrom.
THROUGH
APPELLANT
SPECIMEN FORM OF REVISION
In the High Court of……………………
Civil Appellate Jurisdiction
Civil Revision No…………………… of 2018
IN THE MATTER OF:
ABC S/o……………..... R/o………………………………………… Petitioner
Versus
XYZ S/o.........................R/o…………………………………………… Respondent
AND
IN THE MATTER OF:
CIVIL REVISION AGAINST THE ORDER DATED…………………… PASSED BY THE
LEARNED SUB-JUDGE, IST CLASS…………………… IN THE SUIT ENTITLED ABC -
VS.- XYZ (CIVIL SUIT NO. …………………… OF 2013)
May it please the Hon’ble Chief Justice, High Court of…………………… and his
companion Justices.
The petitioner most respectfully showeth:
A. That the petitioner named above has filed a suit against the respondents for the
recovery of possession of a house situated in……………………, fully described in the
plaint. The suit is pending in the court of Sub-Judge Ist Class…………………… and the
next date of hearing is……………………
B. That on being summoned the respondent appeared before the court below and filed
his written statement wherein he denied the petitioner’s title set up in the suit property.
C. That the trial court framed issues on……………… and directed the petitioner
(plaintiff) to produce evidence, upon which the petitioner promptly furnished to the court
below a list of witnesses and also deposited their diet expenses etc., making a request
that the witness be summoned by that Court.
D. That on a previous date of hearing that is……………………, 2013, two witness of the
petitioner had appeared and their statements were recorded. However, the learned
Presiding Officer of the court below passed an order that the remaining witnesses be
produced by the petitioner-plaintiff on his own without seeking the assistance of the
court. This order was passed despite a request by the petitioner that at least those
witness named in the list who are State employees should be summoned by the court,
as they are required to produce and prove some official records.
E. That on the next date of hearing the learned trial court by the order impugned in this
revision closed the evidence of the petitioner-plaintiff on the ground that the remaining
witnesses were not produced by him.
F. That the impugned order has caused great prejudice to the petitioner and if the same
is allowed to stand the petitioner’s suit is bound to fail.
G. That the trial court has unjustifiably denied assistance of the court to the petitioner-
plaintiff to secure the attendance of his witnesses. The interests of justice demand that
he is provided with all legal assistance in this regard.
In the facts and circumstances discussed above the petitioner prays that this Hon’ble
Court be pleased to quash and set aside the order under revision and direct the court
below to provide assistance of the court for summoning the plaintiff-witnesses.
PETITIONER
[Affidavit to be filed in support of the fact that the contents of the accompanying revision
petition are true and correct to the best of the deponent’s knowledge and that nothing
has been kept back or concealed].
Specimen Bail Application under Section 437, Cr.P.C. 1973
In the Court of............... Magistrate ......
The State ...................
Versus
Accused AB son of TZ, Village: .............
Thana: .........
In the matter of petition for bail of accused AB, during police enquiry
The humble petition of AB the accused above-named
Most respectfully sheweth:
1. That your petitioner was arrested by the police on 5th March 2013 on mere suspicion.
That nearly a month has passed after the arrest but still the Investigating Police Officer
has not submitted a charge-sheet.
2. That your petitioner was not identified by any inmate of the house of CM where the
burglary is alleged to have taken place, nor was any incriminating article found in his
house.
3. That your petitioner has reason to believe that one GS with whom your petitioner is
on bad terms and who is looking after the case for complainant has falsely implicated
your petitioner in the case out of grudge.
4. That your petitioner shall fully co-operate with the police.
5. That your petitioner is not likely to abscond or leave the country.
Your petitioner prays that your Honour may be pleased to call for police papers and
after perusing the same be pleased to direct the release of your petitioner on bail.
And your petitioner, as in duty bound, shall ever pray.
Advocate AB
Verification
I, AB, son of TZ, residing at................ by occupation business, do hereby solemnly
affirm and say as follows:
1. I am the petitioner above-named. I know and I have made myself acquainted with the
facts and circumstances of the case and I am able to depose thereto.
2. The statements in paragraphs 1 to 5 of the foregoing petition are true and correct to
my knowledge and belief.
3. I sign this verification on the 6th day of May 2013.
Solemnly affirmed by the said AB on 6th May 2013 at the Court
House at......................... AB
Before me
Notary/Magistrate.
Specimen Petition by Wife under section 125, Cr.P.C. 1973 for Maintenance
In the Court of ........ ... Judicial Magistrate 1st Class
Case No. ………… under s. 125, Cr.P.C.
Petitioner W (wife) Opposite Party H (husband)
Daughter of........... versus Son of...............................
Village .................... Village...............................
Thana .................... Thana ................................
Occupation............ Occupation........................
In the matter of petition for maintenance of petitioner W from the husband H under
S.125, Cr.P.C.
The humble petition of W (wife), the petitioner above-named
Most respectfully Sheweth:
1. Your petitioner W is the married wife of the opposite party. The marriage between
them was solemnized according to the Hindu rites on ……………
2. The opposite party H is a clerk on the staff of AB & Co. Ltd. holding a responsible
position and drawing salary of Rs. 15,000 per month.
3. The opposite party severely assaulted the petitioner on ................................. and
drove her away from the matrimonial house on ....................................... in presence of
several gentlemen of the locality.
4. That the opposite party leads a life of drunkenness and debauchery. He is besides a
man of uncertain temperament and would fly into rage in season and out of season
without any reason whatsoever. He has lost all sense of decorum and would use
extremely filthy language.
5. Your petitioner after being driven out of the house by the opposite party came over to
her father’s place on the same day and has been staying at father’s house with his
family members.
6. The opposite party was served with a pleader’s notice to send your petitioner Rs.
2000 every month for her maintenance but with no result. Having regard to the violent
temper of H and his inhuman way of beating your petitioner she does not venture to go
back to the place of the opposite party.
Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on
the opposite party and after taking evidence of both sides be pleased to order the
opposite party to pay the petitioner maintenance at the rate of Rs. 2000 per month.
And your petitioner, as in duty bound, shall ever pray.
I, W daughter of MN resident at ……… do hereby solemnly affirm and say as following:
1. I am the petitioner above-named and I know the facts and circumstances of the case
and I am able to depose thereto.
2. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true
to my knowledge and that I have not suppressed any material fact.
Solemnly affirmed by the said
Mrs. Won the …….. day of ……. 2013 in the Court House at Calcutta
Before me
Notary
EXECUTION APPLICATION

IN THE COURT OF ____________________________


EXECUTION PETITION OF _____ OF 2017
IN CIVIL SUIT ________ OF 2015

A DECREE HOLDER
Versus
B JUDGEMENT DEBTOR

THE DECREE HOLDER PRAYS FOR EXECUTION OF THE DECREE/ORDER


DATED DD/MM/YYYY,

THE PARTICULARS WHEREOF ARE STATED IN THE COLUMNS HEREUNDER:-


Police Station:-
1. No. of Suit
2. Name of Parties
3. Date of Decree/order of which execution is sought
4. Whether an appeal was filed against the decree / order under execution
5. Whether any payment has been received towards satisfaction of decree order
6. Whether any application was made previous to this and if so their dates and results
7. Amount of suit along with interest asper decree or any other relief granted by the
decree
8. Amount of costs if allowed by Court
9. Against whom execution is sought
10 In what manner court’s assistance is sought.

The Decree Holder prays that the execution of the decree passed in the case may be
granted

Decree Holder

Verification
I,______ S/o _____ R/o __________ do hereby verify that the contents of this
application aretrue to my knowledge or belief.

Decree Holder Through Advocate of Decree Holder


Place : New Delhi

In * The application for execution shall be accompanied by a duly


certified copy of the decree or order, or by the Original, or by the Minutes of decree or
order until the decree or order is drawn up. Judge may allow execution before sealing of
decree or order:

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