Fundamental Rules of Pleading

1. Pleading

 Introduction

 Order VI deals with pleadings in general.

Rule 1: defines pleading

Rule 2: fundamental principles of pleading
Rule 3-13: necessary particulars
Rule 4-15: signing and verification
Rule 16: strike out unnecessary pleading
Rule 17-18: amendment of pleading

 Pleading: Definition : Rule 1

 ―Pleading‖ is defined as plaint or written statement.

 According to Mogha, ―Pleading are statements in writing drawn up and filed
by each party to a case, stating what his contentions will be at the trial and
giving such details as his opponent needs to know in order to prepare his case
in answer.
 A plaintiff‘s pleading in his plaint, a statement of claim in which the plaintiff
sets out his cause of action with all necessary particulars, and a defendant‘s
pleading is his written statement, a defence in which the defendant deals with
every material fact alleged by the plaintiff in the plaint and also states any new
facts which are in his favour, adding such legal objections as he wishes to take
to the claim.

 Object

 The whole object of pleadings is to bring parties to definite issues and to

diminish issues and to diminish expenses and delay and to prevent surprise at
the hearing.
 In Ganesh Trading Co. vs Moji Ram(1978) the Supreme Court observed,
―Provisions relating to pleadings in civil cases are meant to give to each side
intimation of the case of the other so that it may be met to enable the courts to
determine what is really at issue between parties, and to prevent deviations
from the course which litigation on particular causes of action must take.‖
 Pleading provide a guide for the proper mode of trial.
 Basic Rules of pleading: Rule 2

 On analysis, the following general principles emerge:

(i) Pleading should state facts and not law;
(ii) The facts stated should be material facts;
(iii) Pleadings should not state the evidence; and
(iv) The facts should be stated in a concise form.

(i)Facts and not law

 The first principle of pleadings is that they should state only facts and
not law. It is the duty of the parties to state only the facts on which
they rely upon for their claims.
 The law of pleading may be tersely summarised in four words: ―Plead
facts not law.‖
 Thus, existence of a custom or usage is a question of fact which must
be specifically pleaded. Similarly intention is also a question of fact
and it must be pleaded.

(ii) Material facts

 The second principle of pleadings is that they should contain a
statement of material facts and material facts only. Though the
expression ―material facts‖ has not been defined in the code, it means
all the facts upon which the plaintiff‘s cause of action or the
defendant‘s defence depends, or, in other words, all those facts which
must be proved in order to establish the plaintiff‘s right to relief
claimed in the plaint or the defendant‘s defence in the written
statement.
 In Udhav Singh vs Madhaw Rao Scindia(1977), the Supreme Court has
defined the expression ―material facts‖ in the following words:
― All the primary facts which must be proved at the trail by a party to
establish the existence of a cause of action or his defence are material
facts‖

(iii) Facts and not evidence

 The third principle of pleadings is that the evidence of facts, as
distinguished from the facts themselves, need not be pleaded. In other
words, the pleading should contain a statement of material facts on
which the party relies but not the evidence by which those facts are to
be proved.
 The facts are of two types:
(a) Facta probanda- the facts required to be proved (material facts);
(b) Facta probantia- the facts by means of which they are to be proved
(particulars or evidence)
 The pleadings should contain only facta probanda and not facta
probantia.

(iv) Concise form

 The fourth and the last genera principle of pleadings is that the
pleadings should be drafted with sufficient brevity and precision.

 Other Rules of Pleadings: Rule 4-18

 Wherever misrepresentation, fraud, breach of trust, wilful default or undue

influence are pleaded in the pleadings, particulars with dates and items should
be stated.
 The performance of a condition precedent need not to be pleaded since it is
implied in the pleadings. Non-performance of a condition precedent, however,
must be specifically and expressly pleaded.
 A bare denial of a contract by the opposite party will be construed only as a
denial of factum of a contract and not the legality, validity or enforceability of
such contract.
 Documents need not be set out at length in the pleadings unless the words
therein are material.
 Wherever malice, fraudulent intention, knowledge or other condition of the
mind of a person is material, it may be alleged in the pleading only as a fact
without setting out the circumstances from which it is to be inferred.
 Whenever giving notice to any person is necessary or a condition precedent,
pleadings should only state regarding giving of such notice, without setting out
the form or precise terms of such notice or the circumstances from which it is
to be inferred, unless they are material.
 Facts which the law presumes in favour of a party or as to which the burden of
proof lies upon the other side need not be pleaded.
 Every pleading should be signed by the party or one of the parties or by his
pleader.
 Every pleading should be verified on affidavit by the party or by one of the
parties or by a person acquainted with the facts of the case.
 A court may order striking out a pleading if it is unnecessary, scandalous,
frivolous, vexatious or tends to prejudice, embarrass or delay fair trail of the
suit.
 A court may allow amendment of pleadings.
 Every pleading should be divided into paragraphs, numbered consecutively.
Each allegation or averment should be stated in a separate paragraph.
 Dates, totals and numbers should be written in figures as well as in words.
 2. Plaint Structure

Meaning

 The expression ―plaint‖ has not been defined in the code. However, it can be
said to be a statement of claim, a document, by presentation of which the suit
is instituted. Its object is to state the grounds upon which the assistance of the
court is sought by the plaintiff. It is a pleading of the plaintiff.

 Particulars

 Every Plaint should contain the following particulars:

(i) The name of the court in which the suit is brought;
(ii) The name, description and place of residue of the plaintiff;
(iii) The name, description and place of residence of the defendant;
(iv) Where the plaintiff or defendant is a minor or a person of unsound mind, a
statement to that effect;
(v) The facts constituting the cause of action and when it arose;
(vi) The facts showing that the court has jurisdiction;
(vii) A statement of the value of the subject -matter of the suit for the purpose
of jurisdiction and court fees;
(viii) The reliefs claimed by the plaintiff, simply or in the alternative;
(ix) Where the plaintiff files a suit in a representative capacity, the facts
showing that the plaintiff has an actual existing interest in the subject matter
and that he has taken steps that may be necessary to enable him to file such a
suit;
(x) Where the plaintiff has allowed a set-off or relinquished a portion of his
claim, the amount so allowed or relinquished;
(xi) Where the suit is for the accounts or mesne profits or for movables in the
possession of the defendant or for debts which cannot be determined, the
approximate amount or value thereof;
(xii) Where the subject-matter of the suit is immovable property a description
of the property sufficient to identify it, e.g., boundaries, survey-number, etc.;
(xiii) The interest and liability of the defendant in the subject-matter of the
suit;
(xiv) Where the suit is time barred, the ground upon which the exemption
from the law of limitation is claimed.
  Format of Plaint

IN THE COURT OF ____________

SUIT NO. ______ OF 2023

Mr. A
S/O …………..
R/O ………….. …Plaintiff

Vs
Mr. B
S/O …………….
R/O ……………. …Defendant

Suit for Ejection, Recovery of arrears of rent

The above named plaintiff states as below:

1. That the plaintiff is the owner of the house situated at ______________.
2. That on a verbal agreement defendant became a monthly tenant for a monthly rent
of Rs. xxx to be paid by ________ date of every month.
3. That the tenant stop paying the rent from _______ date.
4. That the plaintiff served a notice, through registered post dated ______ to
defendant asking him to vacate the house and pay arrears of rent withn 30 days.
5. That the cause of action has arisen on failure of defendant to pay rent within the
time period allowed by the plaintiff in notice served to defendant.
6. That total Rs. ____ is outstanding to be paid by defendant.
7. That the defendant resides at ______ within the court‘s jurisdiction.
8. That the valuation of suit is Rs. ______ and the court fees is Rs. _____ paid.

Prayers:
(a) That a decree is passed for ejectment from the said house in the favour of
plaintiff.
(b) That a decree is passed for payment of Rs. ______ as arrears of rent in favour
of plaintiff.
(c) That a decree is passed for payment of Rs. ______ as damages in favour of the
plaintiff.
(d) That the cost of suit be paid to plaintiff by defendant.

Place: Plaintiff through Advocate

Date:
3. Written Statement

 Meaning
 Though the expression ―written statement‖ has not been defined in the Code, it
is ―a term of specific connotation ordinarily signifying a reply to the plaint
filed by the plaintiff‖. In other words, a written statement is the pleading of the
defendant wherein he deals with every material fact alleged by the plaintiff in
his plaint and also states any new facts in his favour or takes legal objections
against the claim of the plaintiff.
 Who may file written statement?
 A written statement may be filed by the defendant or by his duly constituted
agent. Where there are several defendants and a common written statement is
filed by them, it must be signed by all of them.
 When written statement may be filled?
 Rule 1 Order 8 states that a defendant should within 30 days from the service
of summons on him, present a written statement of his defence.
 Particulars: Rule 1-5 and 7-10
 A written statement should be drafted carefully and artistically. All the general
rules of pleading, apply to a written statement also.
 Before pleading to draft a written statement it is absolutely necessary to
examine the plaint carefully. Like a plaintiff, a defendant may also take a
number of defences, either simply or in the alternative, even though they may
be inconsistent, provided they are maintainable at law and are not
embarrassing.
 Format of written statement

IN THE COURT OF ____________

SUIT NO. ______ OF 2023

Mr. A
S/O …………..
R/O ………….. …Plaintiff

Vs
Mr. B
S/O …………….
R/O ……………. …Defendant
 Written Statement in the suit for ejectment, recovery of arrears of rent

The above named defendant states as below:

1. That the defendant admits to the facts stated in para 1 of the plaint.
2. That the defendant admits to the agreement mentioned in para 2 of the plaint and is in
occupation of the said house.
3. That the defendant denies the allegations in para 3 of the plaint.
4. That the defendant admits the plaintiff served the notice as stated in para 4 but denies the
determination of tenancy.
5. That no cause of action has arisen as mentioned in para 5 of the plaint.
6. That the defendant denies Rs. ______ outstanding as mentioned in para 6 of plaint.
7. That the defendant admits that he resides at _______ court‘s jurisdiction mentioned in para
7 of the plaint.
8. That defendant valuation of suit and court‘s fees mentioned in para 5 of plaint are matter of
record.

Additional pleas:
9. That the defendant has paid rents from _____ date to ________ to the agent of plaintiff
authorised to collect rent.
10. That even on repeated request rent receipts were not issued by plaintiff and suddenly
stopped collecting rent from ________ month.
11. That only Rs. ______ is due and defendant is willing to pay.
12. That the suit filed by plaintiff be dismissed with cost.

Place: Defendant through advocate

Date:

4. Affidavit

 An affidavit is a declaration of facts, reduced to writing and affirmed or sworn before

an officer having authority to administer oaths.
 Essentials of Affidavit
 The declaration should be made by a legal person,
 Contents of the affidavit should relate and connect with the said facts of the
case,
 The declaration must be in writing,
  The language of the said declaration must be in the first person,
 The affidavit must be signed or affirmed, before a Magistrate or other
authorised and appropriate officer.

 Format of Affidavit

IN THE_________ COURT, NEW DELHI

CIVIL SUIT NO._______ OF 2021

IN THE MATTER OF:

Xyz …..Plaintiff

VERSUS

Abc ……Defendants

AFFIDAVIT

I, __________S/O__________, aged _____ years, R/O ______________________,

do hereby solemnly affirm and declare as under:-

That I am the plaintiff in the above-noted suit and fully conversant with facts of the
case and able to depose about the same.
That the accompanying suit/plaint has been drafted by my counsel on my instructions
and contents of the plaint have been read over and explained to me in vernacular
language and I have understood the meaning and implications thereof and the facts
stated therein are correct.
That the contents of the suit are not being repeated here for the sake of brevity and
same shall be considered as part of this affidavit also (Optional but you can also add
the details of submissions to be made before the court, to which deponent is testifying
to be true to his knowledge).
DEPONENT

VERIFICATION:

Verified at New Delhi on this______day of _____May 2021, that contents of the

above affidavit are true and correct to my knowledge and nothing material has been
concealed therefrom.
  Application under Section 5 of the Limitation Act

 Condonation of delay is a doctrine mentioned in the Limitation Act, 1963. The Act
postulates time-limits for different suits and mentions the time period within which a
suit, appeal or application can be instituted. The expiry of such time period leads to
extinguishing the remedy of the aggrieved party.
 This doctrine is an exception to the limitation period. According to this, if the
aggrieved party can furnish ―sufficient cause‖ for causing a delay in institution of suit
leading to the expiry of the limitation period, the Court can, with discretionary
jurisdiction disregard the delay or ―condone the delay‖ and proceed with the case.
 The Limitation Act of 1963 is legislation which specifies the time period within
which a suit is instituted, and enumerates provisions in case the suit is not filed within
the period prescribed by Act. The Act extinguishes the remedy to the party and not the
right to file delayed documents in Court. Section 2(j) defines ―period of limitation‖ as
the time prescribed by the Schedule to institute any suit, appeal or application, and
―prescribed period‖ as the period of limitation determined as per the provisions of the
Act.
 The term ―sufficient cause‖ isn‘t defined explicitly and varies on a case-to-case basis.
The Court has a wide discretion in determining what constitutes as sufficient cause,
depending upon the facts and circumstances of each case.
 In cases regarding non-appearance, adjournment or stay of execution of a decree, the
cause must be just and adequate i.e. ―sufficient‖ otherwise these provisions will just
be a way of incessantly prolonging litigation. This principle has been advocated in
furtherance of pursuance of justice but it shouldn‘t deny someone of justice either.
In the case of G. Ramagowda v. Special Land Acquisition Officer, it was held that
―sufficient cause‖ is to be interpreted liberally so as to pursue substantial justice.

 Format of Application under section 5 of the Limitations Act

IN THE COURT OF DISTRICT JUDGE, LUCKNOW

Misc Civil Appeal .No. of 2019

Rati Ram, aged about 42 years, son of late Moti Lal, resident of
5/8 Sector-I Aliganj Colony, P.S.Aliganj, Lucknow.
……Appellant
Versus

1. State of Uttar Pradesh, through Estate Officer, Civil

Secretariat, Lucknow.
2. Prescribed Authority Estate Department, 104-JawaharBhawan, Lucknow.

` …Respondents
 APPLICATION UNDER SECTION 5 INDIAN LIMITATION ACT FOR
CONDONATION OF DELAY IN FILING THE APPEAL

The applicant most humbly and respectfully submits as under:-

1. That the learned Prescribed Authority has initiated the eviction proceedingunder Section
4(1) of UP Act 22 of 1972 against the applicant without serving the mandatory notice to the
applicant.

2. That without proceeding the case ex-parte against the applicant the learned Prescribed
Authority in most arbitrary manner passed the eviction order dated 31.12.2018 though the
alleged notice under Section 4(1) of the Act was issued on 05.12.2018 fixing 21.12.2018 for
showcause as such there was no occasion to pass the eviction order ex-parte on 21.12.2018
itself.

3. That the eviction order dated 31.12.2018 was lying in the premises of the deponent when
he came to look after his family on 07.02.2019 after obtaining permission from Kumbh duty
at Prayagraj as such the applicant could not file the appeal within prescribed period of
limitation upto 15.01.2019.

4. That the delay in filing the appeal from 16.01.2019 to 07.02.2019 (22 days) deserves to be
condone as the applicant for the first time on 07.02.2019 came to know about the eviction
order.

5. That the delay in filing the appeal is not intentional or malafide but the situation was
beyond the control of the applicant and the bonafide mistake deserves to be condone as
otherwise the applicant will suffer irreparable injury.

PRAYER
It is, therefore, most respectfully prayed that the Hon'ble Court be pleased to condone the
delay in filing the appeal from 16.01.2019 to 07.02.2019 as otherwise the applicant will
suffer irreparable injury.

The Applicant shall ever pray for this act of kindness.

Lucknow
Dated:08.02.2019 (x) Advocate Counsel for Applicant
 IN THE COURT OF DISTRICT JUDGE, LUCKNOW
Misc Civil Appeal .No. of 2019

Rati Ram, aged about 42 years, son of late Moti Lal, resident of
5/8 Sector-I Aliganj Colony, P.S.Aliganj, Lucknow.
……Appellant
Versus

1. State of Uttar Pradesh, through Estate Officer, Civil

Secretariat, Lucknow.
2. Prescribed Authority Estate Department, 104-JawaharBhawan, Lucknow.

` …Respondents

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 5 INDIAN

LIMITATION ACT FOR CONDONATION OF DELAY IN FILING THE APPEAL

I, Rati Ram, aged about 42 years, son of late Moti Lal, resident of 5/8 Sector-I Aliganj
Colony, P.S.Aliganj, Lucknow, do hereby solemnly affirm and state on oath as under:-

1. That the deponent is appellant himself as such he is fully conversant with the facts
deposed.

2. That the contents of para 1 to 5 of the application are true to my personal knowledge .

Lucknow
Dated:08.02.2019 Deponent

I identify the deponent who has signed before me.

Advocate
5. Application for setting aside ex-parte Decree

 Meaning
 An ex-parte decree is a decree passed in the absence of the defendant (in
absenti).
 Remedies
 The defendant, against whom an ex parte has been passed, has the following
remedies available to him:
(a) to apply to the court by which such decree is passed to set it aside: order 9
rule 13; or
(b) to prefer an appeal against such decree: Section 96(2) (or to file a revision
under Section 115 where no appeal lies);
(c) to apply for review: Order 47 Rule 1; or
(d) to file a suit on the ground of fraud.

The above remedies are concurrent and they can be prosecuted simultaneously
or concurrently.
 Format of Application

IN THE HON'BLE COURT OF___________

_____of 2023

Xyz Applicant

Versus
Abc Respondent

Application for Setting Aside the Exparte Order dated 29-02-2012 on behalf
of the applicants/defendants No.1 to 4

Most respectfully showeth :-

1- That the above noted case is pending in this Hon'ble court and is fixed for 10-09-2012 for
ex-parte evidence on behalf of respondent/plaintiff.

2-That the applicants/defendants have been summoned by the local police on 10-03-2012,
who informed them that the respondent/plaintiff had furnished them the copy of the orders
dated 29-02-2012 passed by this Hon'ble court and that is how the applicants/defendants have
come to know about the pendency of the present suit against them as well as the status of the
case.
3-That no any summon or notice was ever received by the applicants/defendants from this
Hon'ble court till date nor any process server has ever came to the house of the
applicants/defendants nor any registered cover was ever served upon them regarding the
Notices issued by this Hon'ble court with respect to the pendency of the present suit and prior
to that the applicants/defendants had no knowledge about the pendency of the present suit
against them.

4-That the absence of the applicants/defendants was not intentional or willful but was due to
the reason mentioned above.

5-That no prejudice will be caused to the respondent/plaintiff if ex-parte order dated 29-02-
2012 be set aside rather it would afford an opportunity for the applicants/defendants to put
forth their side of facts before this Hon'ble court so that this Hon'ble court may reach at the
just and proper decision of this case.

6-That the present application is well within the limitation since the date of knowledge is 10-
03-2012 and even otherwise the present application is well within the time as the ex-parte
order passed by this Hon'ble court is dated 29-02-2012.

It is, therefore, prayed that the ex-parte order dated 29-02-2012 may kindly be set aside
in the interest of justice.

Dated Applicant/Defendants
Through advocate

IN THE HON'BLE COURT OF___________

_____of 2023

Xyz Applicant

Versus
Abc Respondent

Application for Setting Aside the Exparte Order dated 29-02-2012 on behalf of the
applicants/defendants No.1 to 4
 AFFIDAVIT

I, ____________________________________do hereby solemnly affirm and declare as

under:

1- That the deponent has filed the above noted application today before this Honble court, the
contents of which may be read as part and parcel of this affidavit. The contents of the
application are true to best of my belief and nothing concealed therein

2- That I have read over and fully understood the contents of accompanying application, from
his counsel in simple Hindi, the contents of which are true and correct to the best of my
knowledge and belief.

Deponent

VERIFICATION

Verified that the contents of my above affidavit are true and correct to best of my knowledge
and nothing has been concealed therein. Verified at on _______

Deponent

6. Writ Petitions

 Meaning
 Writs are a written order from the Supreme Court or High Court that
commands constitutional remedies for Indian Citizens against the violation of
their fundamental rights. Article 32 in the Indian Constitution deals with
constitutional remedies that an Indian citizen can seek from the Supreme
Court of India and High Court against the violation of his/her fundamental
rights.
 The Supreme Court of India is the defender of the fundamental rights of the
citizens. For that, it has original and wide powers. It issues five kinds of writs
for enforcing the fundamental rights of the citizens. The five types of writs
are:
 Habeas Corpus
 Mandamus
 Prohibition
 Certiorari
 Quo-Warranto
 Habeas Corpus
The Latin meaning of the word ‗Habeas Corpus‘ is ‗To have the body of.‘
This writ is used to enforce the fundamental right of individual liberty against
unlawful detention. Through Habeas Corpus, Supreme Court/High Court
orders one person who has arrested another person to bring the body of the
latter before the court.

 Mandamus
The literal meaning of this writ is ‗We command.‘ This writ is used by the
court to order the public official who has failed to perform his duty or refused
to do his duty, to resume his work. Besides public officials, Mandamus can be
issued against any public body, a corporation, an inferior court, a tribunal, or
government for the same purpose.

 Prohibition
The literal meaning of ‗Prohibition‘ is ‗To forbid.‘ A court that is higher in
position issues a Prohibition writ against a court that is lower in position to
prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that
it does not possess. It directs inactivity.

 Certiorari
The literal meaning of the writ of ‗Certiorari‘ is ‗To be certified‘ or ‗To be
informed.‘ This writ is issued by a court higher in authority to a lower court or
tribunal ordering them either to transfer a case pending with them to itself or
quash their order in a case. It is issued on the grounds of an excess of
jurisdiction or lack of jurisdiction or error of law. It not only prevents but also
cures for the mistakes in the judiciary.

 Quo-warranto
The literal meaning of the writ of ‗Quo-Warranto‘ is ‗By what authority or
warrant.‘ Supreme Court or High Court issue this writ to prevent illegal
usurpation of a public office by a person. Through this writ, the court enquires
into the legality of a claim of a person to a public office.
 Format of Writ petition

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION CIVIL

WRIT PETITION NO._______ OF 2023

IN THE MATTER OF
.....Petitioner
versus
....Respondents
PETITION UNDER ARTICLE________OF THE CONSTITUTION OF INDIA
FOR ISSUANCE OF A WRIT IN THE NATURE OF __________UNDER
ARTICLE______OF THE CONSTITUTION OF INDIA.

To Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the
Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHEWETH :

1. Facts of the case

2. Question(s) of Law
3. Grounds
4. Averment:-

That the present petitioner has not filed any other petition in any High Court or the
Supreme Court of India on the subject matter of the present petition.

PRAYER
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) .............
(ii) to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY

BOUND, EVER PRAY.

FILED BY:
PETITIONER-IN-PERSON
 DRAWN:
FILED ON:

AFFIDAVIT

I, ____________________________________do hereby solemnly affirm and declare as

under:

1- That the deponent has filed the above noted application today before this Hon'ble court,
the contents of which may be read as part and parcel of this affidavit. The contents of the
application are true to best of my belief and nothing concealed therein

2- That I have read over and fully understood the contents of accompanying application, from
his counsel in simple Hindi, the contents of which are true and correct to the best of my
knowledge and belief.

Deponent
 Civil Pleadings

1. Suit for recovery under Order XXXVII (37) of CPC

IN THE COURT OF _____________________________

C.S. (OS) NO ________________ OF 20__

IN THE MATTER OF:

M/s. ________________ ...Plaintiff

VERSUS

M/s. ________________ ...Defendants

SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR
RECOVERY OF Rs. _______/- (RUPEES _____________)

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is a Limited Company having its branch office at

__________________________________________________________________and having
its Registered Office and Factory at
_____________________________________________________________________. The
Plaintiff provides solution for _________________________technology, technological
design and with highly skilled engineering team provides application oriented solutions that
suits Indian Environment. The present Suit is being filed through Mr.
_________________________________, Manager Sales (North), the authorised Signatory of
the Plaintiff who has been duly authorised vide Board Resolution dated 18th _____________
to file the present Suit on behalf of the Plaintiff.

2. The Defendant No.1 is a Private Limited Company having its office at

__________________________, India.

3. That the Defendant No.2 is the Director of Defendant No. 1 Company and is responsible
for execution of all the functions related to the business of the Company.

4. That in the year __________ the Defendants approached the plaintiff to purchase
______________ Products and placed order to purchase products from the Plaintiff.
5. That the Plaintiff had sold ______________ product worth Rs. ______________/- (Rupees
______________) to Defendant No. 1 and Defendant No. 1 through its staff had taken
delivery of the product as per the details mentioned below.

INVOICE NO. DATE AMOUNT

6. That the Defendant No. 1 had made payment of Rs. ___________ towards part payment
against the above said invoices. There is a balance of Rs. _______________ (Rupees
________________ only) receivable by the Plaintiff against the above mentioned invoices.

7. That on _________________ Defendant No. 1 had issued a cheque ____________ for

_____________/- (Rupees _____________ only) drawn on _________________ to the
Plaintiff towards part payment against the remaining amount.

8. That the aforesaid cheque for Rs. ___________________ /- (_________________only)

was presented by the Plaintiff to the bankers of Defendant No. 1 i.e.
______________________ .

9. That the said cheque had been dishonoured by bankers of Defendant No. 1 with the reason
"Exceeds Arrangement " which was intimated to the Plaintiff by their Bankers
___________________ through their cheque return memo dated _____________ received on
_____________.

10. That thereafter in spite of many telephonic, e-mail reminders and personal visit by the
staff of plaintiff, the Respondents failed to make the payment due to the Plaintiff.

11. That the Plaintiff issued a legal notice dated ______________ demanding amount of Rs.
_____________ against the returned cheque, which was not replied by the Defendants.

12. That the Suit is within the period of limitation.

13. That the cause of action arose in favour of the Plaintiff and against the Defendants. The
cause of action arose on 14-Jun-__, 6-Jul-___, 6-Jul-___, 11-Sep-___, when the Defendants
purchased ____________ product worth ___________ (Rupees ________________). The
cause of action arose when the Legal Notice dated _________ was send by registered post on
____________ upon the Defendants.

14. That this Hon'ble Court is competent to try the present Suit as the Branch office of the
Plaintiff through which the transactions are done is situated in its territorial jurisdiction.
In the facts and circumstances of case mentioned herein above this Hon'ble Court may
graciously be pleased to:

PRAYER

a) pass a decree against the Defendants jointly and severally to pay the sum of Rs.
_________________/- Along with pendent lite and future interest @24% per annum; and

b) Award the cost of suit in favour of the Plaintiff; and

c) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and the
circumstances of the case.

Plaintiff
Through

Advocate for the Plaintiff

Dated:
New Delhi

VERIFICATION

I, ______________, the authorised representative of the Plaintiff do hereby verify that the
contents of the para 1 to ______ of the Plaint are true and correct to my knowledge and as
derived from the records of the case, no part of it is false and nothing material has been
concealed there from.

Verified at New Delhi on this ______ day of ______, 20__

DEPONENT
 LIST OF DOCUMENTS

SNO PARTICULARS PAGE NO

Copy of Board Resolution authorizing the Plaintiff's
1
authorized representative
2 Original Dishonored Cheque
3 Cheque Returning memo dated _____________
4 Copy of Legal Notice dated ____
5 Postal Receipt No. ___________ dated ________.
6 Copy of Invoices
Any Other document with the kind permission of the
7
Hon'ble Court

Plaintiffs

Plaintiff
Through

Advocate for the Plaintiff

Dated:
New Delhi
 IN THE COURT OF _____________________________
C.S. (OS) NO ________________ OF 20__

IN THE MATTER OF:

M/s. ________________ ...Plaintiff

VERSUS

M/s. ________________ ...Defendants

AFFIDAVIT

I, ___________, Son of _____________, Aged about ____ years, resident of _______

_________________ _____________, do hereby solemnly affirm and declare as under:

1. That I am the authorized representative of the Plaintiff in the above Suit and I am well
conversant with the facts and circumstances of the case and application to depose the present
affidavit.

2. That I have read and understood the contents of the accompanying Plaint and I state that
the same are true and correct to my knowledge and the no part of it is false and nothing has
been concealed there from.

DEPONENT

VERIFICATION
Verified at New Delhi on this ______day of ____, 20__ that the contents of the above
affidavit are true and correct to my knowledge and as derived from the records of the case, no
part of it is false and nothing material has been concealed there from.

DEPONENT
2. Suit for permanent injunction

IN THE COURT OF DISTRICT JUDGE....................

Suit No..................... of 20........

C. F ......... Plaintiff

versus

C. D ...... Defendant

Most Respectfully showeth:

1. That the defendant No. 1 is the father and defendants No. 2 to 4 are his sons, who
purportedly constitutes H. U. F.

2. That the defendant No........ is the owner of house No...... as per Sale Deed dated......... who
rented a shop therein to the plaintiff in............. on a monthly rent of Rs......... The
specification of the shop are described in the plan attached hereto.

3. That the................. being situated adjoining to.................... on..................has become an

important market for sale and storage of oils and lubricants.

4. That the plaintiff is ever since carrying his business of lubricants and Petroleum products
in the said shop and is a registered dealer.

5. That the plaintiff has been paying regularly the stipulated rent to defendant No.................
normally by cheques, the latest being No................... for Rs............................. and
No........................ for Rs.............................

6. That the said defendant/landlord issued last receipt to the plaintiff in respect of rent
from............................ and did not issue any for cash paid to him in lieu of cheque
No............................ for Rs.............................

7. that the accommodation in the oil market of........ has become scarce, giving rise to rent and
‗Pagri‘. The defendant No......... has also not been able to resist this temptation and has
become greedy. That is why he is on a look out to oust the plaintiff from the said shop and as
the plaintiff learnt, he has also not presented the aforesaid cheques No........... to the plaintiff‘s
banker for encashment. If he does so by following the process prescribed by law, the plaintiff
will be willing to face the consequences.
8. That the defendant No............................. appears to have decided to take the law in his own
hand with the assistance of defendant No............................. and to take possession of the
premises forcibly from the plaintiff.

9. That in the afternoon of............................. when the plaintiff had gone to a nearby shop, the
defendants with the help of a few labourers got the outer boundary wall and the entrance of
the shop demolished from its height of 6 feet, when the plaintiff rushed back on information
and agitated they proclaimed and threatened to have the shop vacated forcibly. The plaintiff
lodged a report with the Police Squad and with the arrival and intervention of the police
forcibly eviction of the plaintiff was averted and the defendants assured to restore and re-built
the boundary wall and the gate to the same height of 6 feet, and width to ensure safety of the
plaintiffs goods inside the open frontage. The local Police then called the plaintiff to the
Police Station and got his signautre on a writing allegedly a compromise.

Thereafter on............................. the plaintiff came to his shop in the evening and found that
the construction of the boundary had been raised only to 3-1/2 feet and the width of the gate
reduced by 2 feet to prevent entry of light vehicles.

10. That the plaintiff contacted the defendants to redeem their assurance, their tone was found
to be aggressive and hostile, which cause apprehension in the mind of the plaintiff that he is
likely to be deprived of his lawful possession of the premises any moment. The plaintiff
approached the Local Police for restoration of his boundary wall in the original height as his
goods are not safe with the defendants again promised to raise its height in due course, when
they get a Mistri,

11. That on............................ when the plaintiff went to handover the cheque
No............................. for Rs............................. for clearance of up-to-date rent, the defendants
refused to take it and again threatened to forcible eviction of the plaintiff from the shop.

12. That the plaintiff is a lawful occupant and tenant of the shop and is a law abiding citizen,
whereas the defendants are wealthy landlords, who believe in taking the law into their ow n
hands by use of force and muscle power and hence this suit.

13. That the cause of action has accrued to the plaintiff from the bundle of facts, acts and
conduct of the defendants mentioned in the para............................ above.

14. That the tenanted premises is situated in............................. where the parties also reside
and work for gain. This Hon‘ble Court has therefore, jurisdiction to entertain and try the suit.

15. That the value of the suit property is assessed at Rs............................. for which a court
fees of Rs............................. for the relief of permanent injunction and another
Rs............................. for the relief of mandatory injunction are affixed on the plaint.
 PRAYER

It is, therefore, respectfully prayed

(a) that this Hon‘ble Court may be pleased to grant a decree for permanent injunction
restraining the defendants from dispossessing the plaintiff otherwise than by following the
process of law, from the tenanted shop as per specification given in the site plan and from
interfering in the plaintiff‘s peaceful use and enjoyment thereof.

(b) a decree for mandatory injunction directing the respondent No. ............................ to
restore and reconstruct the outer boundary wall and the entry gate of the shop to its original
height of............................ feet‘ from the present of............................ feet reduced and
demolished by him and his men on............................ and to restore the original width of the
entry gate to............................ feet.

(c) such other relief, which this Hon‘ble Court may deem fit and proper may also be granted
to the plaintiff in the interest of justice.

Date: Plaintiff
Place:

Through Advocate
VERIFICATION

Verified at............................ on this day of............................ 19............................ that the

contents of paras............................ to............................ of the plaint are true and correct to my
knowledge and those of paras ............................ to............................ of the plaint are correct
on the information received and believed to be true. Last para of the plaint is a prayer clause
to this Hon‘ble Court by the plaintiff.

Date:
Place: Deponent
3. Suit for dissolution of Partnership

Date

__________________________________________________________ And

___________________________________________________________

WHEREAS

(1) The partners hereto were carrying on the ________________ (nature of firm) in
partnership under the terms a partnership deed executed on dated ________ under the name
and style of _______________ (name of the firm) with its registered office at
_______________ (address of the firm).

(2) On account of personal reasons, the partners by mutual consent have decided to dissolve
the partnership on terms & conditions hereinafter appearing.

Now this is agreed as follows:-

(1) That the accounts of the assets and liabilities of the said partnership have been assessed
and a final Balance Sheet of the same has been prepared and all the partners have been seen
the said accounts & are satisfied about its correctness.

(2) The parties hereto hereby dissolve the partnership subsisting between them under the
Deed of Partnership dated on ___________ with effect from dated _______.

(3) After the dissolution, the partners shall not carry out any professional activities in the
name of the firm except to realise all the assets and discharge all outside liabilities on dated,
except the capital A/c of the partners in the firm.

(4) The partners debit/Credit amount in capital account shall be mutually adjusted in future
by each partner.

IN WITNESS WHERE OF the parties have hereunto set their hands the day and year first
above written.
WITNESS:

1.

2.

3.

4. Application for temporary injunction Order XXXIX of CPC

IN THE COURT OF DISTRICT JUDGE....................

Suit No..................... of 20........

C. F ......... Plaintiff

versus

C. D ...... Defendant

An application for an interim injunction under Order XXXIX Rule 1 and 2 of the Civil
Procedure Code

Most Respectfully Showeth

1. The Plaintiff has filed the suit for (mention the purpose for eg recovery of possession of the
disputed property).
2. That the disputed property (Proper description of the suit property with facts ascertaining
unquestionable legal authority of the plaintiff) has been unlawfully kept out of the possession
of the plaintiff (or any other reason as per the case).
3. Start with the chain of events that has led to the filing of the present suit. (This should be
divided into subsequent sub paras to enable a clear understanding of the events).
4. Mention the fact that the chain of events establish a prima facie case and further
investigation or action is needed.
5. A reason that clearly states the balance of favour in plaintiff‘s side eg. The disputed
property is the only means of income that the plaintiff‘s family earns income from and
dispossession would lead to un-parallel hardships.
6. Irreparable damage will be caused which wouldn‘t be compensated in monetary terms.
(The reason might include mental trauma and emotional hurt).
 PRAYER

The plaintiff, therefore, prays that your Honour finds it fit to deliver a show-cause notice to
the opposite party putting forward the reasons why the injunction shouldn‘t be granted.
Pending hearing of such injunction petition, it is prayed that an interim injunction order is
passed to restrain the defendants from causing any harm to the disputed property.

Date: Plaintiff
Place:

Through Advocate

SCHEDULE

Attach a Schedule including all the documents containing the documents related to the
property and to substantiate other facts mentioned in the application.

AFFIDAVIT

I, ___________, Son of _____________, Aged about ____ years, resident of _______

_________________ _____________, do hereby solemnly affirm and declare as under:

1. That I am the authorized representative of the Plaintiff in the above Suit and I am well
conversant with the facts and circumstances of the case and application to depose the present
affidavit.

2. That I have read and understood the contents of the accompanying Plaint and I state that
the same are true and correct to my knowledge and the no part of it is false and nothing has
been concealed there from.
5. Appeal from original decree under order 41 of CPC

 Meaning
 ―Appeal‖ is ―the judicial examination of the decision by a higher court of the
decision of an inferior court‖.
 Stated simply appeal is a proceeding by which the defeated party approaches a
higher authority or court to have the decision of a lower authority or court
reversed.
 A first appeal lies against a decree assed by a court exercising original
jurisdiction. A first appeal can be filed in a superior court which may or may
not be a High Court.
 Order 41 lays down the procedure relating to first appeal. The expression
appeal and memorandum of appeal denote two distinct things. An appeal is
the judicial examination by a higher court of the decision of a lower court. The
memorandum of appeal contains the grounds on which judicial examination is
invited.

 Format
6. Revision Petition

 Meaning
 Section 115 of the CPC empowers a High Court to entertain a revision in any
case decided by any subordinate court in certain circumstances.
 According to dictionary meaning, ‗to revise‖ means ―to look again or
repeatedly at ― to go through carefully and correct where necessary‖, ―to look
over with a view to improving or correcting‖. ―Revision‖ means ―the action of
revising, especially critical or careful examination or perusal with a view to
correcting or improving‖.
 Format
7. Review Petition

 Meaning
 Section 114 of the code gives a substantive right of review in certain
circumstances and Order 47 provides the procedure thereof.
 Review means to reconsider, to look again or to re-examination. In legal
parlance, it is a judicial re-examination of the case by the same court and by
the same judge.
 Format
 General Principles of criminal proceedings

1. Application for Bail

 Meaning
 Bail in its fundamental concept is a security for the prisoner‘s appearance to
answer the charge at a specified time and place.
 The bail can be of two classes; (a) Bailable offence which is dealt in Section
436 of Cr.P.C and (b) Non-bailable offence, which is dealt in Section 437of
Cr.P.C.
 Under Section 436 of Cr.P.C police officer or the court can grant the bail and
discharges the accused on executing a bond with sureties for his appearance.
 Under Section 437 of Cr.P.C, gives power to the court or a police officer to
release an accused on bail in a non-bailable offence unless, there appears
reasonable grounds that the accused has been guilty of an offence punishable
with death or with imprisonment for life.

 Format
2. Application under Section 125 Cr.P.C

 Section 125 Cr.P.C

 As per Section 125 of CrPC (Order for maintenance of wives, children and
parents),

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to
maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is, by reason of any physical or mental abnormality or
injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first
class may, upon proof of such neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife or such child, father or mother, at such
monthly rate not exceeding five hundred rupees in the whole, as such Magistrate
thinks fit, and to pay the same to such person as the Magistrate may from time to time
direct.
 The Magistrate may also order the father of a minor female child referred to in clause
(b) to make such allowance, until she attains her majority, if the Magistrate is satisfied
that the husband of such minor female child, if married, is not possessed of sufficient
means.

 Format

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________ PETITIONER

VERSUS

MR. H __________ RESPONDENT

PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL

PROCEDURE CODE

MOST RESPECTFULLY SHOWETH:

The Petitioner, above named submits as under:

1. That the Petitioner No. 1 is legally wedded wife of the Respondent.

2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________
according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages
at ___________. After marriage Petitioner No. 1 started residing at the matrimonial home. Certified
copy of the extract from the concerned register is attached herewith as Annexure A.

2. That for about four years, relation between Petitioner No. 1 and her husband Respondent were
ordeal, but thereafter the Respondent started treating her with cruelty.
3. That on __________ the respondent turned out the petitioner from the matrimonial home and since
then she has been compelled to live at her parental house.

4. That the respondent has never sent any money to the petitioner to meet her expenses and expenses
of the minor child.

5. That the petitioner having no source of income is unable to maintain herself and the child.

6. That the Respondent is a Government Employee and earning Rs. 55,000/- per month Net Salary.

7. That the Respondent has no other liability, while the Petitioner is dependent upon him for her day
to day expenses.

8. That the Petitioner is accordingly entitled to claim maintenance to meet her day to day expenses.

9. That this Court has the jurisdiction to entertain and try this petition as marriage between petitioner
and the respondent was solemnized here and the petitioners are living within the Jurisdiction of this
Court.

10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously
be pleased to:

PRAYER

That the Petitioner, therefore, prays:

a) the Respondent be directed to pay monthly allowance of Rs. 17500/- by way of

Maintenance; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be
also awarded to the petitioner.

Date: Petitioner
Place:

Through Advocate
 VERIFICATION

I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs ____
to Para No __________ of the Petition is true to my own knowledge and that whatever
contained in paragraphs No _____ to Para No ________ is based on information received and
believed to be true to me.

Signed and verified this _______ day of _______ 20 _______ at _______

Petitioner

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________ PETITIONER

VERSUS

MR. H __________ RESPONDENT

AFFIDAVIT

I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do
solemnly affirm and say as follows:

1. That I am the Petitioner in the accompanying Petitioner under Section 125 of CrPC and
well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents
of the Petition, which are not being repeated here, for the sake of brevity.
3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling
her to receive maintenance from the Respondent.

4. That the Petitioner does not own any movable or immovable property and has also no
source of income.

Signed at ___________ this ___________ day of ___________20__

Deponent

VERIFICATION

I, __________ the above named deponent do hereby verify on oath that the contents of the
affidavit above are true to my personal knowledge and nothing material has been concealed
or falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at _______

Deponent

3. Compounding of offences by way of compromise under section 320(i) of Cr.P.C

IN THE COURT OF _______________ JUDGE AT _______________

CRIMINAL COMPLAINT NO _________ OF 20__

IN THE MATTER OF

STATE OF __________ Complainant

VERSUS

Mr. ____________________ Accused

Under Section __ of IPC

P.S.______________

Last Date of Hearing: ____________

Next Date of Hearing : ___________

APPLICATION UNDER SECTION 320 OF CRIMINAL PROCEDURE CODE

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned case is pending trial before this Hon'ble Court and the same is
fixed for _____.

2. That accused is facing trial under section ____, ____ of Indian Penal Code on the basis of
Complaint given by the Complainant.

3. The case was initiated on FIR filed by the Mr. _____________ Resident of
__________________. That on intervention of mediators and well wishers, the accused has
been pardoned by the Complainant and both the Complainant and accused have reached an
amicable settlement of the matter, agreed and prepared to compromise the case.

3. That the compromise would save future and career of the accused and it will promote a
good relationship between them.

4. That this application is being moved jointly by the Complainant and Accused. The
Compromise Deed between the accused and Complainant is annexed as Annexure A.

5. That it is a fit case where this Hon'ble Court may be pleased to grant permission to
compromise and compound the case under Section 320 of Cr. PC.

PRAYER

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that
the Hon'ble court may be pleased:

1. To allow the parties to affect the compromise and acquit the accused in the interest justice;

2. To pass any other or further order (s) as this court may deem fit and proper in favour of
applicant, in the interest of justice.
Date: Applicant
Place:

Through Advocate

IN THE COURT OF _______________ JUDGE AT _______________

CRIMINAL COMPLAINT NO _________ OF 20__

IN THE MATTER OF

STATE OF __________ Complainant

VERSUS

Mr. ____________________ Accused

AFFIDAVIT

______________________ ____ years, S/d/o. _________________ R/o. ____________

______________ _____, do hereby solemnly affirm and declare as under:-

1. That I am the accused in the present case and as such I am well conversant with the facts
and circumstances of the present matter and am competent to swear this affidavit.

2. That the accompanying Application has been drafted by my counsel under my instructions
and the contents of the same have been read over and explained to me in vernacular and the
same are true and correct. That the contents of the same may be treated as part and parcel of
this affidavit as the same are not being repeated herein for the sake of brevity.

Deponent

VERIFICATION

Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit
are true and correct to the best of my knowledge and belief and nothing material has been
concealed therefrom.

Deponent
4. Complaint under Section 138 of Negotiable Instrument Act

 Section 138 of the negotiable Instrument Act deals with Dishonour of cheque
for insufficiency, etc. of funds in the account.

In the Court of Ld. Metropolitan Magistrate………………….Court

At…………… ………………..
Complaint No……………… 20…….

M/s……………………
……………………….
through : Shri………….
Partner of the firm
…Complainant
Vs.

Mr…………………….
Proprietor/Partner
…Accused

COMPLAINT UNDER SECTION 142 READ WITH SECTION

138 OF NEGOTIABLE INSTRUMENTS ACT, 1881, ON
BEHALF OF THE COMPLAINANT

MAY IT PLEASE YOUR WORSHIP

That the complainant most respectfully submit as under :
1. The complainant is a partnership firm having their registered office at mentioned in the
title and the accused was purchasing goods from the complainant on credit bases.
2. To fulfil the liability the accused had issued a cheque being No………… dated…………
of Rs………… drawn on …………. Towards part payment. The said cheque was presented
by the complainant in their bank on ……………… for encashment, but the said cheque
return unpaid by the banker of the accused for the reason …………………. with the Bank
memo dated……..
3. The complainant approach their lawyer who sent a legal notice dated……… under clause
(b) of the proviso to section 138 of the Negotiable Instruments Act, 1881 and demanded from
the accused the amount of the dishonoured cheque. However, the said notice was refused to
be accepted by the accused, means the accused was aware about the contains of the letter.
4. That since the accused did not make any payment under the said cheque, despite sending
said legal notice, which was refused to be accepted, the complainant is left with no
alternative, but to file the present complaint under clause (b) of section 142 against the
accused for the offence committed by him under the provisions of the Negotiable Instruments
Act, 1881, resulting from the dishonour of the cheque for reasons, ―…………………..‖ in his
account as indicated in the returning memo. dated…….. sent by his bankers.
5. The cause of action has arisen on account of the dishonour of the cheque
dated……………for Rs………… issued by the accused, as indicated herein above. It also
arose on………….. when the complainant received the debit advice dated……… with regard
to the dishonour of the cheque from their bankers and also when the legal notice
dated………… was sent by the complainant which was refused to be accepted by the accused
on………..
6. That the cause of action has arisen within the jurisdiction of this Hon‘ble Court and the
payment was also actually to be received at………… and hence this Hon‘ble Court has
jurisdiction to try and adjudicate upon the present complaint. That the complaint is being
filed within limitation as prescribed under the law.

PRAYER
It is therefore most respectfully prayed that this Hon‘ble Court may be pleased to:

a. pass appropriate orders summoning the Accused for having committed offences under
Section 138 and Section 142 of Negotiable Instruments Act, 1881, as amended upto date;

b. pass appropriate orders for trial and punishment of the accused in accordance with law;
and/or

c. pass such other order(s) as may be deemed fit and proper in the facts and circumstances of
the present case.

Place: Complainant
Date:

Through
Counsel for Complainant
 In the Court of Ld. Metropolitan Magistrate………………….Court
At…………… ………………..
Complaint No……………… 20…….

M/s……………………
……………………….
through : Shri………….
Partner of the firm
…Complainant
Vs.

Mr…………………….
Proprietor/Partner
…Accused

AFFIDAVIT

I, _________, s/o Sh. ____, aged about ___ years, authorized representative of the
Complainant having its registered office at _______, do hereby solemnly affirm, declare and
state as under:

1. I am the authorized representative of the Complainant in the present Complaint and am

fully conversant with the facts and circumstances of the case and as such fully competent to
swear this affidavit.

2. The accompanying Complaint under Section 142 read with Section 138 of Negotiable
Instruments Act, 1881, has been drafted by my Counsel under my instructions, the contents
of which I have fully understood and state that the same are true and correct and which are
not repeated here for the sake of brevity and I crave the leave of the court to read and rely
upon the same in the interest of justice.
5. Application under Section 482, Cr.P.C

 Section 482 Saving of inherent powers of High Court:

―Nothing in this Code shall be deemed to limit or affect the inherent powers of the
High Court to make such orders as may be necessary to give effect to any order
under this Code, or to prevent abuse of the process of any Court or otherwise to
secure the ends of justice.‖

IN THE HIGH COURT OF _______________

CRIMINAL M.C. NO _________ OF 20__

IN THE MATTER OF:

MR. _______ …...PETITIONER

VS

STATE OF …RESPONDANT

PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL

PROCEDURE, 1973 PRAYING THIS HON'BLE COURT TO PASS
NECESSARY ORDERS AND DIRECTION THEREBY QUASHING
AND CANCELLING THE FIR NO.__/20__, UNDER SECTION
_____ OF I.P.C. WITH P.S. _______________ .

TO,
THE HON'BLE CHIEF JUSTICE AND HIS HON'BLE COMPANION
JUSTICES OF THE HIGH COURT OF _________________.

THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED.

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the petitioner and respondent No. 2 was solemnized on _____
at _________according to Hindu rites and ceremonies.
2. That the marriage was duly consummated and out of this wedlock no issue was born.

3. That the petitioner is the husband of the respondent No. 2/complainant

4. That there is irretrievable break down of the marriage due to incompatible behaviour,
conduct and temperament of the parties. Accordingly, the parties to the petition have been
living separately since __________ and have not been able to live together or cohabited since
then.

5. That a complaint filed in PS_________ against the petitioners by the respondent No. 2 on
____________ and the said complaint converted into FIR No____________, under section
___________ I.P.C. P.S. ____________. True photocopy of the FIR and its true typed copy
are annexed herewith as Annexure P-1.

6. That due to the intervention of the Mediation Centre/Relatives, both the petitioner and
Respondent No. 2 have mutually agreed before the Mediation Cell, _______Court that their
marriage may be dissolved and that there shall be no claim whatsoever made out against any
of the parties or against each other and they shall be bound by the conditions settled amongst
them before the Mediation Cell, ____________Court.

7. That both the parties have agreed upon a settlement that the Petitioner will pay a total sum
of Rs___________/- on account of full and final settlement of all past present and future
claims of all kinds in lieu of dowry articles, Stridhan, maintenance present past and future
and also includes all claims of permanent alimony.

8. That the said amount was divided in _______ installments of Rs _________/- at the time
of First motion to the petitioner , second installment of Rs __________/- was paid at the time
of second motion and last and final installment of Rs______/- being paid at the time of
quashing of the FIR No. __________ u/s _______________ IPC, P.S. _______________.

9. That the respondents No.2 has no more grievance against the petitioner. The respondent
No.2 is not willing to support the imputations made in the said FIR against the petitioners
because the dispute in question has already been settled/compromised between the parties. In
these circumstances, there are no chances of successful prosecution and conviction of the
petitioners. Therefore, no fruitful purpose will be served while allowing the criminal
proceedings in question to continue. The very purpose of justice will be frustrated by
allowing the criminal proceeding in question to continue.

10. That the compromise between the parties has been arrived with their free consent, without
any threat or pressure or coercion or undue influence.
11. That the respondents no.2 has no objection if the FIR in question is quashed qua the
petitioners.

12. That the Petitioner crave leave of the Hon'ble Court to urge such further additional
ground (s), at the time of hearing of this petition, which have not been specifically taken up in
this petition.

13. That the Petitioners have not alternative and efficacious remedy except to approach this
Hon'ble Court for seeking relief claimed in the petition.

14. That the Petitioners have not filed any other similar petition seeking quashing of
complaint case in question either before this Hon'ble Court or before the Hon'ble Supreme
Court of India.

15. That the Annexures annexed with this petition are true copies of their respective originals.

PRAYER

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that
the Hon'ble court may be pleased to pass order:

1. To quash the FIR No ______, under section ___________ I.P.C. P.S. ____________, in
the interest of justice.;

2. To pass any other or further order (s) as this court may deem fit and proper in favour of
petitioner, in the interest of justice.

Petitioner
Date:
Place:

Through Advocate
 IN THE HIGH COURT OF _______________
CRIMINAL M.C. NO _________ OF 20__

IN THE MATTER OF:

MR. _______ …...PETITIONER

VS

STATE OF …RESPONDANT

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________

______________ _____, do hereby solemnly affirm and declare as under:-

1. That the deponent is petitioner in this petition and is fully conversant with the facts and
circumstances of this case. The deponent is competent to swear this affidavit. .

2. That the accompanying petition has been drafted and filed under my instructions by my
counsel. I have read the same in between the lines and the same is true and correct to the best
of my knowledge and belief and nothing has been concealed therein.

3. That the deponent has not filed any other similar petition seeking quashing of FIR in
question either before this Hon'ble Court or before the Hon'ble Supreme Court of India.

Deponent

VERIFICATION

Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit
are true and correct to the best of my knowledge and belief and nothing material has been
concealed therefrom.

Deponent
 CONVEYANCING

 Introduction

 Conveyancing is the art of drafting of deeds and documents whereby land or

interest in land i.e. immovable property, is transferred by one person to
another; but the drafting of commercial and other documents is also
commonly understood to be included in the expression.

 The term ―Conveyance‖ is defined as the action of conveyancing, a means or

way of conveyancing, an instrument by which title to property is transferred, a
means of transport, vehicle.

 As per Section 205 of the ―Property Act, 1925‖ the ―conveyance includes
mortgage, charge, lease, assent, vesting declaration, vesting instrument,
disclaimer, release and every other assurance of property or of any interest
therein by any instrument except a will‖

 As per Clause 10 of Section 2 of the Indian Stamp Act, 1899 Conveyance is

defined as ―includes a conveyance on sale and every instrument by which
property, whether movable or immovable, is transferred inter vivos and which
is not otherwise specifically provided by Schedule I‖ of the Act.‖

 Thus, conveyance is an act of conveyancing or transferring any property

whether movable or immovable from one person to another permitted by
customs, conventions and law within the legal structure of the country. As
such, deed of transfer is a conveyance deed which could be for movable or
immovable property and according to the Transfer of Property Act, 1882,
transfer may be by sale, by lease, by giving gift, by exchange, by will or
bequeathment. But acquisition of property by inheritance does not amount to
transfer under the strict sense of legal meaning.

 In India the forms of conveyancing are based on the present English Forms. It
is to be taken note that no legislation in India has ever been passed on the law
of conveyancing.
 Difference between drafting and conveyancing

 Object and function of conveyancing

 Deed, conveyance and Deed of Conveyance
1. Notice to the tenant under section 106 of the Transfer of Property Act

 Section 106: Duration of certain leases in absence of written contract or local

usage

(1) In the absence of a contract or local law or usage to the contrary, a lease of
immovable property for agricultural or manufacturing purposes shall be deemed to be
a lease from year to year, terminable, on the part of either lessor or lessee, by six
months' notice; and a lease of immovable property for any other purpose shall be
deemed to be a lease from month to month, terminable, on the part of either lessor or
lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force,
the period mentioned in sub-section (1) shall commence from the date of receipt of
notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because
the period mentioned therein falls short of the period specified under that sub-section,
where a suit or proceeding is filed after the expiry of the period mentioned in that sub-
section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of
the person giving it, and either be sent by post to the party who is intended to be
bound by it or be tendered or delivered personally to such party, or to one of his
family or servants at his residence, or (if such tender or delivery is not practicable)
affixed to a conspicuous part of the property.
 Format of Notice

NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882.

Registered A. D.
Dated..........................
To
XYZ
......................
Dear Sir
Under instructions and on behalf of my client Shri. .......................... I hereby serve you
this notice as in the succeeding paragraphs:
1. That you are tenant of my client in the premises situate at.......................... on a monthly
rental of Rs...........................

2. That your tenancy commences from the 7th day of every English Calendar month.

3. That by this notice your tenancy is hereby terminated with effect from ..........................
day of.......................... 19.............. "............

You are hereby advised to handover peaceful vacant possession of the above-said
premises on or before........................... In case you failed to handover the peaceful vacant
possession, I have instructions from my client to initiate necessary legal proceedings for
your eviction in a court having jurisdiction in the matter at your risks and costs.

I have kept a copy of this notice in my record for future necessary action.

Yours faithfully
2. Notice under section 80 of CPC

 Section 80 of CPC mandates the issuance of a notice to the government or a

public officer before filing a lawsuit against them for certain types of claims. This
notice serves as a formal communication to inform the government or public
officer of the intent to sue and provides them with an opportunity to address the
matter before it proceeds to court.
 The Code of Civil Procedure is a set of rules for handling civil legal matters in
India. Section 80 of the CPC focuses on the requirement for providing notice
before taking legal action. This notice is mandatory and applies to two main types
of cases:
(a) Suits against the government.
(b) Suits against public officers for actions performed in their official capacity or
actions that appear to be done in their official capacity.

 Format of Notice

NOTICE OF SUIT UNDER SECTION 80, CODE OF CIVIL PROCEDURE

My Client :

Smt xxx Bhattacharyya

w/o Late xxx Bhattacharyya
133/C, Raja xxxxxx Sarani
Kolkata- 9

To
The
1. The Kolkata Municipal Corporation,
2. Mayor,
3. The Mayor –in –Council

Kolkata Municipal Corporation.

Attention: Municipal Commissioner

Sub: Notice to remove encroachment in connection with

property/premises/footpath within a month on receiving the same at 8C
Hindusthan Road measuring 3k 4ch 2sqft
Sir/s

I am hereby serving this notice u/s 80 of Civil Procedure Code on behalf of my above
client as you failed to remove unauthorized squatter and encroacher from the footpath
adjacent to the property and allowed to pop up a Sahid Bedi cum garden with Flags ,
just front of the property.

1. That the premises and property under your jurisdiction belongs to my client at 8C
Hindusthan Road. ( attaching a tax receipt in this regard)

2. That some unscrupulous element suddenly put a makeshift park/ garden/sahid Bedi
just front of the entrance of the premises and covered it with a boundary, which made
it impossible for my client either to enter in the premises or open gate at the boundary
wall of the premises. (Attaching a photocopy to explain the circumstances).

3. That the premises situated at 8C Hindusthan Road and a footpath is attached and
runs in between the Hindusthan road and the scheduled premises. The makeshift has
come up last year on the footpath blocking the entrance of the premises. The

premises has been protected by boundary walls and touching the boundary wall the
makeshift has been creating blocked for ingress and egress to the property.

4. That the footpath and its maintenance belongs to your jurisdiction and control.
Therefore, my client approached to you with a humble request to remove the
makeshift in front of the premises. You verbally assured to look after the matter but
you failed to remove it within a reasonable time.

5. That my client wants to get a sanction plan from your ends to construct a residential
house for personal use over the land, but due to such hardship, it could not be possible
to use it for any meaningful purpose , if you do not interfere in the matter.

6. Therefore my client is planning to institute a civil and constitutional action against

you, making you a necessary party for your such failure.

7. That my client suffered huge loss and further suffered degradation of valuation of
the property which cannot be mitigated without paying damages from your ends in the
tune of Rs One Crore ( INR)

xxxxxxxxxxxxxxxxxxxx

Advocate
Attachment:
1. Tax Receipt [Xerox]
2. 2.Mutation Certificate [Xerox]
3. Photograph of the premises

3. Notice under Section 43 of the Companies Act

 Section 434: Transfer of certain pending proceedings

(1) On such date as may be notified by the Central Government in this

behalf,—

(a) all matters, proceedings or cases pending before the Board of Company
Law Administration (herein in this section referred to as the Company Law
Board) constituted under sub-section (1) of section 10E of the Companies Act,
1956 (1 of 1956), immediately before such date shall stand transferred to the
Tribunal and the Tribunal shall dispose of such matters, proceedings or cases
in accordance with the provisions of this Act;

(b) any person aggrieved by any decision or order of the Company Law Board
made before such date may file an appeal to the High Court within sixty days
from the date of communication of the decision or order of the Company Law
Board to him on any question of law arising out of such order:

Provided that the High Court may if it is satisfied that the appellant was
prevented by sufficient cause from filing an appeal within the said period,
allow it to be filed within a further period not exceeding sixty days; and

(c) all proceedings under the Companies Act, 1956 (1 of 1956), including
proceedings relating to arbitration, compromise, arrangements and
reconstruction and winding up of companies, pending immediately before
such date before any District Court or High Court, shall stand transferred to
the Tribunal and the Tribunal may proceed to deal with such proceedings from
the stage before their transfer:

Provided that only such proceedings relating to the winding up of companies

shall be transferred to the Tribunal that are at a stage as may be prescribed by
the Central Government.

Provided further that only such proceedings relating to cases other than
winding-up, for which orders for allowing or otherwise of the proceedings are
not reserved by the High Courts shall be transferred to the Tribunal:
Provided also that– (i) all proceedings under the Companies Act, 1956 other
than the cases relating to winding up of companies that are reserved for orders
for allowing or otherwise such proceedings; or

Provided further that any party or parties to any proceedings regarding to the
winding up of companies pending before any Court immediately before the
commencement of the Insolvency and Bankruptcy Code (Amendment)
Ordinance, 2018, may file an application for transfer of such proceedings and
the Court may be order transfer such proceedings to the Tribunal and the
proceedings so transferred shall be dealt with by the Tribunal as an application
for initiation of corporate insolvency resolution process under the Insolvency
and Bankruptcy Code,2016

Provided further that any party or parties to any proceedings relating to the
winding up of companies pending before any Court immediately before the
commencement of the Insolvency and Bankruptcy Code (Amendment)
Ordinance, 2018, may file an application for transfer of such proceedings and
the Court may by order transfer such proceedings to the Tribunal and the
proceedings so transferred shall be dealt with by the Tribunal as an application
for initiation of corporate insolvency resolution process under the Insolvency
and Bankruptcy
Code, 2016.

(ii) the proceedings relating to winding up of companies which have not been
transferred from the High Courts; shall be dealt with in accordance with
provisions of the Companies Act, 1956 and the Companies (Court) Rules,
1959 .

Provided also that proceedings relating to cases of voluntary winding up of a

company where notice of the resolution by advertisement has been given
under sub-section (1) of section 485 of the Companies Act, 1956 but the
company has not been dissolved before the 1st April, 2017 shall continue to be
dealt with in accordance with provisions of the Companies Act. 1956 and the
Companies (Court) Rules, 1959.

(2) The Central Government may make rules consistent with the provisions of
this Act to ensure timely transfer of all matters, proceedings or cases pending
before the Company Law Board or the courts, to the Tribunal under this
section.
 Format of Notice
4. General Power of Attorney

 A power of attorney (POA) is a legal document that grants someone the

authority to act on behalf of another person in specified legal or financial
matters. The person granting the authority is known as the "principal," and the
person receiving the authority is the "agent" or "attorney-in-fact." The power
of attorney document outlines the scope and limitations of the agent's
authority.

Here are some common types of power of attorney:

(a) General Power of Attorney (GPA):

Grants broad powers to the agent, allowing them to make a wide range of
decisions and take various actions on behalf of the principal. This type of
power of attorney is often used when the principal needs someone to handle
their affairs due to absence, illness, or other reasons.

(b) Limited or Special Power of Attorney:

Grants the agent authority for specific, clearly defined tasks or transactions.
For example, the principal may grant a limited power of attorney for the sale
of a particular property or the handling of a specific financial transaction.

(c) Particular Power:

A Particular power is conferred only to a single act. e.g. presenting a
document before a Registering Officer for registration.
5. Will
 A Will is a declaration. A Will is by which a living person (called testator) declares
his desires or intentions. A Will is never an agreement or contract or settlement. It is
for this reason that the beneficiaries of a Will should not be parties to the Will. Will is
defined under section 2(h) of Indian Succession Act, 1925 as follows: (h) ―Will‖
means the legal declaration of the intention of a testator with respect to his property
which he desires to be carried into effect after his death.
 Ingredients of will:

Legal declaration;
Intention of testator;
With respect to his/her property;
Desires to be carried into effect after his/her death

 Format
6. Agreement to Sell

 An agreement to sell can be defined as the transfer of property in goods that is to take
place in future time or the transfer might take place depending on the fulfilment of
certain conditions.

 Format
7. Sale-Deed
8. Lease Deed
8. Partnership Deed
9. Mortgage Deed
10. Relinquishment Deed
11. Deed of Gift