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CIVIL PLEADINGS
SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________). ROHINI COURT,

DELHI
SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd.
A Company Incorporated Under the
Companies Act, Having Its Registered Office
At ………, New Delhi.
Through its Director
Shri……………………
……….. PLAINTIFF
VERSUS
M/s XYZ Ltd.
A Company Incprporated Under The
Companies Act. Having Its Registered Office
At ………., Delhi
Through its Director
Shri…………………… …….. DEFENDANT

SUIT FOR RECOVERY OF RS. 4, 19,200/-(Four lakh nineteen thousand two hundred
Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a Company constituted under the Companies Act having its registered
office at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director of the Plaintiff is a
duly constituted attorney of the Plaintiff and is authorized and competent to sign and verify
the plaint, vakalatnama etc. and to institute this suit on behalf of the Plaintiff.
2. That the Plaintiff carries on the business of construction, engineering and designing. The
Plaintiff is a builder of international repute and has earned a big name in its business.
3. That the Defendant is a Company incorporated under the Companies Act having their
registered office at ……Chandigarh.
4. That the Defendant approached the Plaintiff for construction of a building for their paper
mill at Chandigarh some time in the year …..
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5. That the plaintiff and the defendant entered into an agreement for the construction of a
building a sper the site plan and specifications.
6. That the Plaintiff constructed the building and handed over the possession of the same to
the Defendant sometime in…...(date).
7. That on ………(date), the Plaintiff raised the final bill for Rs. 4,19,200/- on the
Defendant on account of the construction of their paper mill at Chandigarh against which the
Defendant handed over cheque No. 213456 dated ……..(date) for Rs. 4,19,200/- drawn on
Punjab National Bank, Shahdara, Delhi to the Plaintiff.
8. That the cheque was presented by the Plaintiff, however the same was dishonoured upon
presentation vide bank memo dated……
9. That the Plaintiff immediately informed the Defendant about the dishonour of the said
cheque and called upon the Defendant to make the payment of the said amount along with
interest @ 18% per annum. However, the Defendant failed to pay the same to the Plaintiff
despite repeated requests and reminders.
10. That the Plaintiff therefore finally issued a legal notice dated …….(date) to the Defendant
calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with
interest at the rate of 18% per annum w.e.f. ……..(date) upto the date of payment. However,
no payment has been made by the Defendant despite the said notice.
11. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @
18% per annum from the date on the Plaintiff’s bill. The Plaintiff is, claiming interest
from……(date) upto the date of filing of this suit @ 18% per annum.
12. That the cause of action in favour of the Plaintiff and against the Defendant first arose in
2000 when the Plaintiff was approached by the Defendant for construction of their paper mill.
It further arose in…….. when the said building was completed and handed over to the
Defendant and on ……. when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the
Defendant. The cause of action arose on all dates when the Plaintiff called upon the
Defendant to make the payment and the later failed to comply with it. The cause of action is
still subsisting as the Defendant has failed to pay the outstanding amount despite repeated oral
and written requests and reminders from the Plaintiff.
13. The suit is within the period of limitation.
14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of
action arose at Delhi. The contract for construction of the paper mill was entered at Delhi, all
the payments upto this date have been made at Delhi and the payment of the outstanding
amount was also to be made at Delhi. The Administrative Office of the Defendant is situated
at Delhi where they carry on the work for their gain.
15. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on
which court fee of Rs. ___________is paid.
16. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief
has been claimed which does not fall within the ambit of Order XXXVII.
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PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-
(a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two
Hundred only) with interest @ 18% per annum from ……(date) upto the date of filing the suit
in favour of the Plaintiff and against the Defendant;
(b) award pendentlite and future interest at the rate of 18% per annum on the above stated
amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with
interest @ 18% per annum from …..(date) upto the date of filing the suit in favour of the
Plaintiff and against the Defendant;
(c) award cost of the suit in favour of the Plaintiff and against the Defendant; and
(d) pass such other and further order(s) as may be deemed fit and proper on the
facts and in the circumstances of this case.

Plaintiff
Place: Through
Date: Advocate

VERIFICATION:
Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
ordinary course of its business, those of paras …. to .... are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

Plaintiff

[NOTE : The above plaint must be supported by an Affidavit]

Note: A student should mention the correct paragraphs in the verification and also focus on
territorial and pecuniary jurisdiction.

*****
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DRAFT AFFIDAVIT

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI

SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd.
A Company Incorporated Under The
Companies Act, Having Its Registered Office
At New Delhi.
Through its Director
Shri……………………
……….. PLAINTIFF
VERSUS
M/s XYZ Ltd.
A Company Incprporated Under The
Companies Act. Having Its Registered
Office At Delhi
Through its Director
Shri…………………… …….. DEFENDANT

AFFIDAVIT OF Sh………, S/O. …………………, AGED ABOUT 38 YEARS,

R/O…………. in the capacity of the director of M/S ABC Pvt. Ltd..

I, …………..the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am the Authorized Representative / Director of the Plaintiff and I am
aware of the facts and circumstances of the present suit based upon the records of the Plaintiff
maintained in the ordinary course of business and I am duly authorized and competent to
swear and file the present suit and affidavit.
2. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.
3. I say that the documents filed along with plaint are true copies of originals.

DEPONENT
VERIFICATION:
I, ………, do hereby verify on this ____day of January, 2017 at Delhi that the contents of the
above said affidavit are true and correct to my knowledge and information and nothing
material has been concealed therefrom.
DEPONENT
*****
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SUIT FOR EJECTMENT AND DAMAGES

BEFORE THE SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI
SUIT NO.________________OF 20..

IN THE MATTER OF,

Mrs. Surjit Kaur Sahi W/O
Mr. Avinder Singh Sahi S/O
Both R/o ___________,Chandigarh ….PLAINTIFFS
VERSUS
Power Grid Corporation of India Ltd.
Hemkunt Chamber, Nehru Place, New Delhi-110029
Through its Chairman/Managing Director …DEFENDANT

SUIT FOR EJECTMENT AND DAMAGES FOR WRONGFUL USE AND

OCCUPATION
MOST RESPECTFULLY SHOWETH:
1. The plaintiff being the owners of flat no. _____Nehru Place, New Delhi let out the
said flat to M/s. National Power Transmission Corporation Limited (a Government of India
undertaking) now called as Power Grid Corporation of India Limited, having their registered
office at Hemkunt Chamber, Nehru Place, New Delhi-110 019 for a period of three years
with effect from ……(date) vide unregistered Lease deed (copy annexed as Annexure ‘A’).
The delivery of the possesson of the said premises was simultaneous on the said date.
2. That the period of three years referred above starting from …….. expired on …….
That after the expiry of the said Lease the defendant became a month to month tenant of the
plaintiffs.
3. That the plaintiffs being in need of the premises in question approached the defendant
for vacation of the same on various dates (give dates). However, the defendant who were
approached through their officers did not agree to the plaintiff’s demand. The plaintiffs
thereafter served a legal notice through their Counsel, Shri _______(copy annexed as
Annexure ‘B’ ) under section 106 of Transfer of Property Act terminating the said tenancy on
mid-night of…….(date)
4. That the defendant received the plaintiff’s legal notice U/s. 106 of the Transfer of
property Act on …..(date) i.e. clear 15 days before the last day of ……(date) and thus is a
valid notice under the Transfer of Property Act (proof of the service of legal notice is
annexed to same as Annexure ‘B’)
5. That however, the defendant even after receiving the said legal notice have neither
vacated the premises nor shown their intention to vacate. Thus the defendant from ……(date)
are in wrongful use and occupation @ Rs. 1,000/- per day as the rate of rent in the area are for
such premises prevailing and the plaintiffs have rightly assessed the rate of Rs. 1,000/- per
day. The same rate was demanded in the legal notice dated…... That since the premises were
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needed by the plaintiffs for their own purposes they will have to take on rent the premises of
same size in the same area where the flat is situated and the plaintiffs have done a market
survey during the search for the flat and found that the rate of rent in the area is Rs. 100/- to
Rs. 150/- per sq. feet. The plaintiffs own flat which is 370 sq. ft. super area will be available
in the market for Rs. 37000/- to 55,500/- per month. The plaintiffs does not have means to
take on rent a flat for own purposes at such high rates and thus needed the flat and for this
reason asked the defendant to vacate the premises.
6. The defendant is presently paying a monthly rent of Rs. 6808/- per month (Rupees
six thousand eight hundred eight) for the plaintiffs flat measuring 370 sq. ft. super area. The
plaintiffs premises are not governed by the Delhi Rent Control Act as the rate of rent is more
than Rs. 3,500/- and thus the Hon’ble Court has jurisdiction to try the matter.
7. The cause of action in the present case arose on ___________when the plaintiffs
approached the defendant for the vacation of the said flat. The cause of action further arose
on___________ when the plaintiffs again approached the officers of the defendant for the
vacation of the flat who however did not oblige. The cause of action further arose when the
plaintiffs served a legal notice dated …… through their advocate Shri Ajit Panday asking the
defendant to vacate the same by ……. The said notice was duly received on …… However,
the defendant did not vacate the flat in question. The cause of action in the present case is a
continuing one.
8. That since the property whose possession is sought is situated in Delhi. The Lease for
the premises was executed in Delhi and delivery of possession made in Delhi. And since the
premises are not covered by Delhi Rent Control Act. The Hon’ble Court has jurisdiction to
try the matter.
9. That the court fee payable has been calculated advalorem as per the chart/section 7 of
the Court Fee Act on the annual rent received by the plaintiffs. The annual rent is Rs.
…………..arrived at by multiplying monthly rent of Rs…………. by 12. On this a court fee
of Rs. ……. is paid. The plaintiffs undertake to pay any additional court fee that may be
found due by the Hon’ble court.

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
(i) pass a decree for ejectment against the defendant and in favour of plaintiffs ;
(ii) pass a decree for payment of damages @ Rs. 1,000/- per day for wrongful use and
occupation of the flat by the defendant ;
(iii) Any other relief deemed fit and proper may also be given.
(iv) Costs of the case may also be given.
PLAINTIFFS
Delhi THROUGH
Dated ADVOCATE
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VERIFICATION :
Verified at Delhi on … day….. of , 20… that the contents of paras 1 to …. are true to our
personal knowledge and those of paras … to …. are true & correct on the basis of legal
advice received and belived to be true. Last para is prayer to the Hon’ble Court.

PLAINTIFFS
[NOTE : This plaint has to be supported by an affidavit]

*****
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SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

IN THE COURT OF…………….., ROHINI COURT (DIST…….), DELHI
SUIT NO. ………OF………
IN THE MATTER OF :
X ___________
S/o _________________
R/o _________, New Delhi …PLAINTIFF

Versus
Y ___________
S/o _________________
R/o _________, New Delhi …DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a resident of………
2. That the defendant is the absolute owner of the property bearing
no…….admeasuring (give details of the property) (hereinafter refered to as the suit
property).
3. That the plaintiff was in need of the property for residential purpose and came to know that
the Defendant is interested in selling the suit property.
4. That the plaintiff approached the defendant for purchasing the suit property on…..(date)
and the plaintiff and the defendant discussed the terms and conditions.
5. That on….(date), the plaintiff and the defendant entered into an agreement in writing
whereby the defendant agreed to sell his property to the plaintiff for Rs……….. The copy of
the agreement is annexed as Annexure A.
6. That the plaintiff paid Rs………to the defendant as earnest money and it was decided that
the balance of Rs……..will be paid on….... and the sale deed will be executed on the
possession of the suit property will be handed over to the plaintiff on the payment of the
balance amount.
7. That on……(date), the plaintiff approached the defendant and requested him to execute the
sale deed along with handing over of the possession of the suit property to the plaintiff.
However, the defendant refused to execute the sale deed.
8. That the plaintiff approached the defendant for execution of the sale deed on various
occasions (mention the dates), however, the defendant refused to execute the sale deed on one
pretext or the other.
9. That the plaintiff finally issued a legal notice dated…..(date) to the defendant calling upon
the defendant to perform his part of the agreement by executing the sale deed and handing
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over the possession of the suit property to the plaintiff. However, the defendant failed to
comply with his part of the agreement and did not reply to the legal notice.
10. That the plaintiff is ready and willing to perform his part of agreement by paying the
balance amount.
11. That the cause of action arose on…..(date) when the defendant agreed to sell the suit
property to the plaintiff. The cause of action further arose on………….. It further
arose……That the cause of action is still subsisting as the defendant has refused to perform
his part of the agreement.
12. That the suit is within the period of limitation.
13. That this Hon’ble Court has jurisdiction to entertain this suit because the cause of action
arose within the territorial jurisdiction of the court.
14. That the requisite court fees have been paid.

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a. pass a decree of specific performance of the agreement in favour of the plaintiff and
against the defendant directing the defendant to execute the sale deed and hand over the
possession of the suit property to the plaintiff,
b. award cost of the suit in favour of the plaintiff and against the defendant; and
c. pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.

Plaintiff
Place: Through
Date: Advocate

VERIFICATION:
Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
ordinary course of its business, those of paras …. to 14 are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

Plaintiff
[NOTE : The above plaint must be supported by an Affidavit]

*****