UNIT I: Fundamental of Pleading

Plaint Structure, Description of Parties , Written Statement and Affidavit, Application for
Setting Aside Ex-part Decree.

Drafting in its general connotation means, putting one’s own ideas in writing. Drafting of any
matter is an art. Drafting of legal matters requires greater skills and efficiencies. It requires
thorough knowledge of law, procedure, settled judicial principles, besides proficiency in English
Language. A perfect drafting of matters in relation to Suits, Applications, Complaints, Writ
petition, Appeals, Revision, Reviews and other such matters connected therewith shall obviously
leads to good result in terms of money, time, energies and expectation of not only the learned
members of the Bench, but also the Bar as well as the parties to the litigation. It creates a
congenial atmosphere where the glory of the judiciary and the Law grows to sky-heights. So in
the case with regard to the drafting of Deed of Conveyancing.

“Drafting, Pleadings and Conveyancing” (DPC) is made as a compulsory practical subject study
forming part of the curriculum of the Law Course in India. It envisages, inter alia, drafting of
Civil Pleadings; Criminal complaints and other proceeding; Writ Petition, Appeal-Civil,
Criminal and Writ; Revisions-Civil and Criminal, Reviews, Writ Appeals-Civil and Criminal,
and also Special Leave Petition; Contempt Petition, Interlocutory Applications, etc. A student
who acquires the requisite knowledge, perfection and proficiency in drafting of these matters,
shall undoubtedly become a perfect legal professional. He will be an asset in the legal world.

History of Pleadings
The method of arriving at an issue by alternate allegations has been practised in the civilized
countries from earliest times. The art of pleadings apparently is as ancient as any portion of our
procedural law. In ancient India it certainly existed but not in the present form. The art of
pleading is also traceable in substantially the same in form in England in the days of Henry II.
The “issue” is found in the year, i.e., in the first year of the reign of Edward II. It shows that the
art of arriving at an issue was not only practised during the reign of Edward II but had been
practised even before “for an issue had not been only the constant effect, but the professed aim
and the object of pleading”. At first the pleading were oral. The parties actually appeared in
person in open Court and oral altercation took place in the presence of the judges. These oral
pleading were conducted either by the party himself or by a person who was an eloquent orator
and well versed in Dharma Sastras and Koran whom people generally called Pandit and Maulvi
in ancient and medieval India respectively. In English countries such person was called narrator
and advocates before the adoption of this present lawyers‟ institution. The Pandits, Maulvis and
narrators helped Kings and Judges in the administration of justice in those days.
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 The duty of the King and the judge was to superindent of „moderate‟ the oral contentions
conducted before him. His aim was to arrive at some specific point or matter affirmed on the one
side, and denied on the other, which they both agreed was the question requiring decision; on
resulting this the parties were said to be „at issue‟ and the pleading were over. The parties, then,
were ready to go before a jury if it were an issue of England. In those days the judges were very
strict and they never allowed more than one issue in respect of each cause of action. When a
defendant more than one defence to the plaintiff‟s claim he had to elect one out of the defences.
Since the reign of Queen Victoria the parties were allowed to raise more than a single issue,
either of law or fact.

During Viva voce altercation an officer of the court was busy writing on a parchment roll an
official report of the allegation of the parties along with the act of Court which together was
called record. As the suit proceeded similar entries were made from time to time and on the
completion of the proceedings, the roll was preserved as perpetual judicial record. When each
pleader in turn started borrowing parchment roll and entered his statement thereon himself, the
oral pleading fell into disuse on thus obvious defect. Later, with the development of print
machinery, paper etc. the method of drawing up the pleading on the plain paper and their
interchange between parties started and this happened probably in the reign of Edward IV. The
Judicature Act 1873 in England brought in many reforms in the realms of pleading like which
with frequent changes are still in force. The modern Indian law of pleading like any other law is
based on English system and the whole law civil pleading is governed by the Code of Civil
Procedure which lawyer has to master over for the thorough knowledge of practice and
procedure required in a civil litigation.

Meaning of Pleadings

Pleadings are the statement of facts in writing drawn up and filed in a Court by each party to am
case stating therein what his contention shall be at the trial and giving all such details as his
opponent will need to know in order to prepare his case in answer. In India there are only two
pleading in a suit as defined under Order 6, rule 1 of the Code of Civil Procedure, it says that
pleading means “Plaint or Written Statement”. This definition is not very clear in itself. The
plaint and written statement may be discussed as:

(a)Plaint: A statement of claims, called the “plaint” in which the plaintiff sets out his cause of
action with all necessary particulars. The plaint is the document that initiates a civil suit and
presents the plaintiff’s claims against the defendant. It lays out the cause of action, the relief
sought, and the legal grounds on which the suit is based.

A plaint must be drafted in accordance with the fundamental principles of pleadings, which
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require clarity, precision, and adherence to procedural law. Order VI, Rule 1 of the CPC defines
 pleadings as written statements by parties, while Order VII specifically deals with the
requirements of a plaint. The primary objective of a plaint is to provide the defendant and the
court with clear notice of the plaintiff’s claims, enabling a fair and just trial.

(b)Written Statement: A statement of defences, called the “written statement” which the
defendant deals with every material fact alleged by the Plaintiff in the plaint and also sets any
new facts which tells in his favour, adding such objection as he wishes to take to the claim.

A written statement is the defendant’s reply to the plaintiff’s allegations, addressing the
contentions raised in the plaint. It is governed by Order VIII of the Civil Procedure Code
(CPC), 1908. The primary objective of a written statement is to either accept or deny the facts
stated in the plaint, introduce new facts that may refute the plaintiff’s claims, and establish
defenses that may negate the relief sought.

A well-drafted written statement follows a structured format. It must contain a para-wise reply
to the allegations made in the plaint, either admitting or denying each assertion specifically. Any
material facts that the defendant fails to deny explicitly are deemed to be admitted under Order
VIII Rule 5 CPC. Additionally, the defendant can raise preliminary objections, including
jurisdictional issues, maintainability of the suit, limitation, and estoppel. Defenses such as
set-off and counterclaim may also be included in the written statement, allowing the defendant
to claim a monetary sum against the plaintiff within the same suit.

A written statement must be filed within 30 days from the date of service of summons,
extendable to 90 days with court discretion under Order VIII Rule 1 CPC. It must be verified
by the defendant or an authorized representative, ensuring the accuracy of the statements made.
A properly framed written statement strengthens the defense, narrows down issues for
adjudication, and facilitates a fair trial.

Beside the plaint and the written statement, order pleading that may be filed, may be classed
under two heads: (i) subsequent pleadings, and (ii) additional pleadings.

(i)Subsequent Pleadings: The only subsequent pleading which is filed as a matter of right,
without the leave of the court, is a written statement of a plaintiff by way of defence to a plea set-
off set up by a defendant in the written statement of his defences. No other pleading subsequent
to the written statement of a defendant other than that by way of defence to a plea of set off can
be presented except with the leave of the court and upon such terms as the court may think
proper. But the Court may at any time require a written statement or an additional written
statement from any of
the parties and fix a time for presenting the same (O.8, r.9). Any ground of defence which has
arisen after the institution of the suit or the presentation of the written statement, may be, raised
by the plaintiff or the defendant as the case may be, in his written statement (O.8, r.9). This is
also a subsequent pleading. The subsequent pleading, i.e., this written statement in some states is
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also termed as “replication”. This term was formerly used in England where plaintiff‟s written
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statement is now called “reply”.

 (ii)Additional Pleading: Although no pleading subsequent to the written statement of a
defendant other than by way of defence to a plea of set-off can be presented without the leave of
the court, yet the court may at any time require a written statement or additional written
statement from any of the parties, i.e., plaintiff or defendant or both (O.8, r.8). The additional
pleadings are not subsequent pleadings in the true sense of the term. They are pleading by way of
further and better statement of the nature of the claim or defence or further and better particular
of any matter or state in the pleadings. These pleading may be ordered under order 6, rule 5 of
the Code of Civil Procedure.

Under the English Law, pleading has been defined as follows: “pleading includes any petition or
summons and also include the statement in writing of the claim or demand of any plaintiff and of
the defence of any defendant thereto and of reply of the plaintiff to nay counter-claim of a
defendant.”

Function and Object of Pleadings

The object of pleadings is to assist the Court and the parties to the dispute in its adjudication. Its
function is of multi-dimension, and is in various ways. Stable j., Pinston v. Loyds Bank Ltd.,
(1941) 2 K.B. 72, has expressed the function of pleading in the following words:

“The function of a pleading is not simply for the benefit of the parties but also and perhaps
primarily for the assistance of a Court by defining with precision the area beyond which without
the leave of the court, and consequential amendment of pleading, conflict must not be allow to
extend”.

“The while object of pleading is to give a fair notice to each party of what the opponent‟s case is
to; ascertain with precision, the points on which the parties agree and those on which the they
differ and thus to bring the parties to is also a definite issue. The purpose of pleading is also
eradicate irrelevancy. The parties, thus themselves know what are the matters left in dispute and
what facts whey have to prove at the trial. They are saved from the expense and trouble of
calling evidence which may prove unnecessary in view of the admission of the opposite party.
And further, by knowing before hand, what point the opposite party raise at the trial they are
prepared to meet them and are not taken by surprise as they would have been, had three been no
rules pleadings to compel the parties to lay bare their cases before the opposite party prior to the
commencement of the actual trial”.

Truly speaking the object of the pleading is to narrow down the controversy of the parties to
definite issue. The sole object of pleadings is that each side may be fully active to the question
that are about to be argued in order that they may have an opportunity of bringing forward such
evidence as may be appropriate to the issues. The Court has no power to disregard the pleading
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and reach conclusions that they think are just and proper.
 A few year ago Hon‟ble Mr. Justice Lord William of the Calcutta High Court in the case of,
strongly emphasize the need of careful study of the art of pleading and condemned the obscure
pleading which were shocking and were filed even in Calcutta High Court. It is, therefore, the
duty of every advocate to take extreme care in drafting of his pleadings. There is no force in
saying that the pleading in this country are not to be strictly construed. Has this been the object
of the law of pleading the framers of the Code of Civil Procedure would not have laid down the
rules of civil pleadings.

A select committee of eminent lawyers having knowledge of Indian conditions was appointed to
frame the present Code of Civil Procedure which has been amended and redrafted in 1976. Order
6, 7 and 8 of the Code of Civil Procedure are very important from the point of view of drafting of
pleading in the High Court and Mofussils Court. Appendix A to the Code of Civil Procedure
contains some model form of pleadings which are useful. Unfortunately these forms are seldom
consulted by the mofussil pleader the reason being that the pleadings are being drafted by their
clerks who are not trained in this direction and do not have legal knowledge.
The pleading should always be drawn up and conducted in such manner so as to evolve some
clear and definite issues i.e., some definite propositions of law and/or fact, asserted by one party
and denied by the other. But both the parties must agree on the points sought to be adjudicated
upon in action. When this has been fairy and properly ascertained then following advantages
flow from pleadings:

(i) It is a benefit to the parties to know exactly what are the matters left in dispute. They may
discover that they are fighting about nothing at all; e.g. when a plaintiff in an action of libel finds
that the defendant does not assert that the words are true, he is often willing to accept an apology
and costs, and so put an end to the action.

(ii)It is also a boon to the parties to know precisely what facts they must prove at the trial;
otherwise, they may go to great trouble and expense in procuring evidence of facts which their
opponent does not dispute. On the other hand, if they assume that their opponent will not raise
such and such a point, they may be taken suddenly by surprise at the trial.

(iii)Moreover, it is necessary to ascertain the nature of the controversy in order to determine the
most appropriate mode of trial. It may turn out to be a pure point of law, which should be
decided by judge.

(iv)It is desirable to place on record the precise question raised in the action so that the parties or
their successor may not fight the same battle over and again.
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 Affidavit

An affidavit is a sworn statement of facts, made voluntarily by a person (deponent) under oath
or affirmation, and attested by a competent authority such as a Notary Public or an Oath
Commissioner. Affidavits play a vital role in pleadings as they serve as evidence in
interlocutory proceedings, support applications, and provide verification of facts.

Affidavits are governed by Section 139 of the CPC and Order XIX Rules 1 and 2 CPC, which
specify the circumstances under which affidavits may be used as evidence. Unlike pleadings,
which present a party’s legal stance, an affidavit contains factual assertions that the deponent
swears to be true to the best of their knowledge.

The essential components of an affidavit include:

1. Title and Heading – Mentioning the court’s name, case title, and affidavit subject.
2. Introductory Paragraph – Identifying the deponent and their relationship to the case.
3. Statement of Facts – Presenting facts in numbered paragraphs in the first person.
4. Oath or Affirmation – A declaration that the facts are true and correct.
5. Verification Clause – Confirming the truthfulness of the statements made.
6. Signature and Attestation – Signed by the deponent and attested by an authorized
officer.

Affidavits are frequently used in interim relief applications, bail petitions, stay applications,
and summary proceedings. Courts rely on affidavits for expeditious adjudication of matters
where oral evidence is not required. However, since an affidavit is a statement of facts rather
than a pleading, it cannot substitute the requirement of proper pleadings in a suit.

The written statement and affidavit are integral components of civil litigation. While the written
statement provides the defendant’s defense against the plaintiff’s claims, an affidavit serves as
supporting evidence, ensuring that facts are presented with legal authenticity. Proper drafting,
adherence to procedural laws, and accuracy in these pleadings significantly impact the efficiency
and outcome of judicial proceedings. Understanding the fundamental principles of these
documents is essential for legal practitioners to represent their clients effectively and uphold the
principles of fair trial and justice.

Fundamental Rules of Pleadings

The English law of pleading has got four fundamental rules of pleading upon which Order 6 of
the Code of Civil Procedure is based which are set out as under:

1.Every pleading must state facts and not law.

2.It must state all material facts and material facts only.
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3.It must state only the facts on which the party‟s pleading relies and not the
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evidence by which they are to be proved; and

 4.It must state such facts concisely, but with precision and certainty.

(1) Facts, not law: The first fundamental rule pleading is that neither provisions of law nor
conclusion of mixed law and facts, should be alleged in a pleading. The pleading should be
confined to facts only and it is for the judge to draw such interference from those facts as are
permissible under the law of which he is bound to take judicial notice.

Illustration
It will not be sufficient to state that „Abu Mohammad made a gift of his property‟ to the
plaintiff. The plaintiff should allege here the gift was made, how it was accepted and how
possession was delivered; because these are the facts which constitute a valid gift under
Muhammedan Law. To allege that „Abu Mohammad made a gift‟ will be a conclusion of law
from the facts which are not to be state directly in the pleading. Secondly, in a suit for damages
for negligence, it is not enough for the plaintiff to state that the defendant has been guilty of
negligence‟ without showing how and in what respect he was negligence and how he became
bound to use due care to prevent an injury to other. Thirdly, when then defendant has to reply to
the claim of the plaintiff in a money suit, it is not sufficient for him to state that „the defendant
does not owe to the plaintiff‟. But he must allege such fact which go to prove that in the
circumstances the defendant does not owe to the plaintiff. The defendant should state that he
never borrowed from the plaintiff, or good were never ordered, or were never delivered, or that
they were not equal to the sample.

It is not sufficient in a suit upon a contract for the defendant to, merely, plead the „the contract is
rescinded‟, The defendant must plead in what manner and by what means he contends that is
was rescinded.

The fundamental rule of pleading is that a pleading shall affirmatively contain only a material
fact on which the party relies and it shall not contain facts which are only evidence by which
such material facts are to be proved. The reason for not mentioning the law in the pleading is that
it is the duty of the court to find out and examine all plea of Law that may be applicable to the
facts of the case. However, the parties can make their submission about law any time. For
example, the non-maintainability of the suit which is a point of law, can be urged although no
specific plea has been raised in the pleading. The rule that every pleading must state facts and not
law or an interference of law has got following exceptions.

(a) Foreign Laws: The court do not take any judicial notice of foreign laws and hence they must
be pleaded as facts. The status of the foreign country intended to be relied upon should be set-
forth as substantially as any other facts. .
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 (b)Mixed question of Laws an facts: Where a questions is one of mixed law and fact, it is
permissible and proper to plead both the facts and the legal conclusion. For instance, the
defendant may say that the suit is barred by the law of limitation, or he may say he is entitled to
set off after narrating the facts on which he bases his conclusions.

(c)Condition precedent: The Code of Civil Procedure provides that any condition precedent the
performance of which is intended to be contested shall be distinctly specified in the pleading of
the plaintiff or defendant (Order 6 r.6 of C.P.C.), as for instance, the legality of the notice under
section 80, C.P.C.

(d)Custom and Usage of Trades: Custom and usage of any trade and business shall be pleaded
like any other facts, if a party wants to rely on them. But a custom repeatedly brought before
Court and recognised by them regularly is deemed to have acquired the force of law and need not
be pleaded. For example, an occupancy tenant is entitled by local custom and usage to cut trees
growing upon his holding it is not necessary for the occupancy tenant to plead this custom, if he
wishes to rely on this right to cut the trees. Similarly, a party who wishes to rely on the usage of
a particular trade and business and if it is at variance with any provision of the Contract Act, he
must not plead the usage of such trade and business with its detailed incident. If it is not pleaded,
no evidence to prove it shall be admitted.

(e)The facts of negligence, right or liability, unlawful or wrongful act should be specifically
pleaded. Every plea of fact should be specifically raised and proved.

(2) Material facts:

The second fundamental rule of pleading is that every pleading shall contain only a statement of
material facts ion which the party pleading relies for his claim or defence. This rule has been
enunciated in Order 6, ruke2 of the Code of Civil Procedure. The rule that the material facts
should be not a technically and that an omission to observe it may increase the difficulty in the
Court‟s task of ascertaining the rights of the parties. Further, every pleading must state facts
which are material at the present stage of the suit. Now, the question arises what is material fact?
The fact which is essential to the Plaintiff‟s cause of action or to the defendant‟s defence which
each prove or fail is material fact.
Now, the question that what facts are material, is not very easy to answer. However, it can be
said that fact is material for the pleading of a party which he is bound to prove at the trial unless
admitted by the other party before he can succeed in his claim or defence. If one is in reasonable
doubt about a particular fact as a material fact it is better for him to plead that fact rather than
omit it because unless a fact is pleaded he shall not be allowed to prove it at the hearing of the
suit. A plea of fraud and misrepresentation in a suit must set forth full particulars of fraud and
misrepresentation, because these particulars constitute material facts unless raised by the plaintiff
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or the defendant in his pleading, he will not be allowed to prove at the trial. Of course, a material
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fact can be inserted in the pleading by amendment which is the right of the plaintiff and
 defendant; but when a pleading is amended one is likely to be saddled with the cost of other side.
When suit is brought under a particular statute, all facts which are necessary to bring the suit
under the statue must be alleged. When a rule of law applicable to a case has an exception to a
case has an exception to it, all facts are material which tend to take the case out of the rule or out
of exception. For instance:
(1)If a childless Mohammedan widow claims one-fourth share in the property of her husband as
allowed by Shia law, she must allege that her husband was a Shia.

(2)Where Plaintiff claims right of pre-emption u/s 15(2)(b) of Punjab pre-emption Act, he must
plead the necessary facts in respect of his claim.

(3)Where a plaintiff claims an alternative relief, he must plead facts entitling him, for such relief.

(4)Where the question of age or time affects the right of the parties, the facts should be
specifically pleaded.

(5)Every plea of facts must be specifically pleaded, and proved. Court cannot allow party to the
suit to lead evidence inconsistent whit his plea inspite of object of objection by the other party is
allowed to lead evidence in rebuttal does not cure the legal defect.

(6)Where a plaintiff sues on the basis of a title he must state the nature of the deed from which he
has derived title.

(7)The plea that a woman claiming maintenance has lost her right due to continuous desertion or
living in adultery should be specifically raised.

(8)Where the plea is based on custom, it must be stated in the precise form what the custom is.
For instance, if a childless Mohammedan widow claims one-fourth share in the property of her
husband as allowed by Shia Law, she must allege that her husband was a Shia. The following are
exception to this fundamental rule of pleading.

(a)Content of documents: Whenever the content of document are material, it shall be sufficient in
any pleading to state the effect thereof as briefly as possible without setting out whole or any part
thereof unless any precise words thereof are material.
For instance, if plaintiff‟s claim is based on a sale-deed, it is sufficient to state that “defendant
has sold the property to the property to the plaintiff by a sale-deed dated......”

(b)Matters of Inducement: it means introductory or prefatory facts which should be stated in the
first and second paras in the body of the plaint or written statement. Though it is not necessary
yet sometimes it is desirable to commence a plaint with some introductory allegations stating
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who the parties are, what business they carry on how they are related and connected and other
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surrounding circumstances leading up to the dispute. Though these are not material facts yet
 these are allowed in England and hence in India too. But the matter of inducement should be
reduced to the minimum need.

(3) Facts, Not Evidence:

The third fundamental rule of pleading has been laid down by Order 6, rule 2 of the Code of
Civil Procedure. It says that every pleading must contain a statement of material facts but not the
evidence by which they are to be proved. The material facts on which a party relies are called
Facta Prabantia, i.e. the facts to be proved , and they should be stated in the pleadings. The
evidence or facts by which Facta Probantia are to be proved are called Facts Probantia, and
they are not to be stated in the pleadings. Facta Probantia are not the facts in issue but only
relevant facts which will be proved at the trial in order to established facts in issue. For instance,
in a suit of damages for malicious prosecution the plaintiff should only allege in the plaint that
the defendant was actuated by malice in prosecuting him. He must not allege that he had
previously given evidence against the defendant and the defendant had vowed to take revenge.
The plaintiff is by all means entitled to tender evidence to prove this fact. Secondly, in a policy
of life insurance, the condition that the policy shall be void, if the holder dies of his own hand, in
the defence it is not necessary to state that the assured brought the pistol a few days before his
death and made all preparation to kill himself. It is sufficient to state in defence that the assured
died of his own hand. In some cases where the facts in issue and relevant facts are so mixed up
that it is very difficult to separate them and if it is so the relevant facts may be stated. For
example, where custom is based on village administration paper, which is the basis of claim and
its sole proof. In such cases the record has to be pleaded. In the Punjab Rewaje Aam (customs)are
contained by the Manual of Customary Law which records customs, are only evidence and it is
nor necessary to refer to them in plaints.

(4) Concise Form with Precision and Certainty

The material facts must be stated in a summary form, succinctly and in a strict chronological
order. All unnecessary allegations and their details should be omitted in order to attain brevity in
pleadings. Pleading is not a place for fine writing but only assertion of hard facts. It is desirable
to go straight to the point and state fact, boldly, clearly and concisely and to avoid all
paraphrasing and all circumlocutions. As far as possible an active voice should be preferred to
passive in pleading. The same person or thing should be called by the same name throughout the
pleading. The pleading shall be divided into paragraph numbered consecutively. Dates sums and
numbers shall be expressed in figures, even though the pleading should be concise, it should
never be obscure. It should be both concise , as well as precise. The parties cannot change the
case and get the relief.
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As already discussed the unnecessary facts should be omitted from the pleadings. Let us
summarise them. (1)Matters of law, (2)Matters of evidence, (3)Matters not alleged in the
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 opponent‟s pleading, (4)Matters presumed by law, (5)The performance of condition precedent,
(6)The words of documents, (7)Matters affecting cost only, (8)Matters not material to the case,
(9)The defendant need not plead to the prayer of the plaintiff, (10)The defendant need not plead
to the damages claimed or their amount. The above details should not be pleaded in a pleading.
A good pleader should bear in mind the following points in relation to a pleading:

(1) Describe the names and places accurately and spell them correctly and adopt the same
spelling throughout.
(2) One should always avoid the use of pronoun as „He‟, „She‟, „This‟, or „That‟. the
plaintiff or the defendant should not be addressed by their names at some place and at
some place by the word „Plaintiff‟ and „ defendant‟, call them throughout your pleading
by the expression „the plaintiff‟ and „the defendant‟ as the case may be. Where one has
to distinguish between two or more plaintiff or defendant, call in your pleading, „the
plaintiff Ramashankar‟ or „the defendant-Hariharan‟ as the case may be.

(3) A lawyers should allege all facts boldly and plainly. he should use the language of the
document or the act itself; and he should not invent his own language however correct it
may be, e.g. of a policy becomes void in case, “the assured shall die of his own hand.”
Now, inthis case while drafting the pleading instead “ the assured killed himself” or he
committed suicide,” plead that “the assured died of his own hand.”

(4) A lawyer should allege all facts boldly and plainly. He should avoid ifs and buts. As far
as possible complex sentences should also be avoided. Facts should not be repeated.
Pleading should be divided into separate paragraphs and as far as possible only one fact
should be contained by one paragraph embodying all necessary particulars in the
pleading.

(5) Every pleading shall be signed by the party and his advocate and, if the party is unable to
sign the pleading it may be signed by this agent.
(6) Every pleading shall be verified by the party or the parties. A verification can also be
made by any other person if acquainted with the facts of pleadings. False verification is
an offence punishable by the Indian Penal Code.
(7) In cases where a corporation is a party, pleading may be verified by Secretary or by the
director or by any other principal officer of that corporation who is able to depose the
facts of the case. in verification clause one should denote according to the numbers of
paragraph o his own knowledge and what he verified upon the information received and
verified to be true.

Alternative Pleas:
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Law does not prohibit a plaintiff from relying on several distinct and different rights in the
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alternative or a defendant from raising as many distinct and separate defences as he like. For
 example, a plaintiff may sue for possession of a house belonging to A, as an adopted son of A,
and in the alternative under a will executed by A in the plaintiff‟s favour. A plaintiff may claim
proprietary right in a land, or, in the alternative easementary right In an action for pre-emption
the defendant is not prohibited from setting up a plea of estoppels in addition to a plea of denial
of custom of pre-emption. A Hindu person claiming under a sale deed from a Hindu widow may
support his claim by pleading that the widow separated during the life time of her husband and
hence she was the owner of the property which she had sold to him, or in the alternative the
widow was in possession for ever 12 years and thus became owner by adverse possession.

A defendant in money suit due on promissory note against him may plead that he did not execute
the promissory note, and in the alternative the plaintiff claim is barred by the law of limitation.
But it must be carefully borne in mind by the draftsman and separately be stated in the pleading.
The Court will not allow any such pleas on the ground covered by implication unless specifically
set out. Thus, in a suit by a son to set aside certain transfers made by his mother on the ground of
unsoundness of mind of his mother at the time or the transfer and further averred that the donee
was residing with his mother and was completely under his dominion and control and the donee
knew the mental condition of the donor.

Plaint Structure
A plaint is the written statement filed by the plaintiff to initiate a civil suit. It is the first step in
civil litigation and serves as the document that sets out the plaintiff’s claim, the relief sought, and
the legal basis for the claim. The structure of a plaint must conform to Order VII of the CPC and
should include the following essential elements:

1. Heading and Title: The plaint begins with the name of the court where the suit is
instituted, followed by the cause title, which includes the names and designations of the
parties. The title should clearly indicate whether the suit is filed before a District Court,
High Court, or any other competent forum.
2. Description of the Parties: The plaintiffs and defendants must be properly identified.
The plaint should mention their full names, age, occupation, and address. If a party is a
minor or of unsound mind, a next friend or guardian should be appointed and clearly
indicated in the description. In the case of corporate entities, their legal status and
registered office address must be specified.
3. Cause of Action: The plaint must explicitly mention the facts that give rise to the cause
of action, i.e., the circumstances that entitle the plaintiff to seek judicial relief. The cause
of action must be stated with clarity and precision, ensuring that the court and the
defendant understand the basis of the claim.
4. Jurisdiction of the Court: A plaint should establish the jurisdiction of the court by
stating the territorial and pecuniary limits under which the suit is filed. This ensures that
12

the case is heard by the appropriate forum as per legal provisions.

Page
 5. Facts of the Case: A well-drafted plaint presents material facts in a chronological and
logical order. The facts should be precise, relevant, and free from any unnecessary
details. The plaintiff must avoid legal arguments and instead focus on stating the facts
upon which the relief is claimed.
6. Relief Sought: The plaintiff must clearly state the relief sought from the court. It can be
monetary compensation, specific performance, declaration, injunction, or any other
remedy available under law. If multiple reliefs are sought, they should be stated
separately and distinctly.
7. Verification: The plaint must conclude with a verification clause, where the plaintiff
affirms the truthfulness of the contents under oath. The verification is done in the
presence of an advocate or notary and is signed by the plaintiff.

Description of Parties
In any legal proceeding, the accurate and complete description of parties is a fundamental
requirement, as it ensures that the suit is properly constituted and proceeds without procedural
hindrances. The "parties" to a suit refer to individuals, groups, or entities who have a legal right
or obligation in the dispute. The description of parties must be clear, precise, and in accordance
with the provisions of the Code of Civil Procedure, 1908 (CPC) to avoid any objections or
delays.

1. Plaintiffs and Defendants

The parties in a civil suit are broadly categorized into plaintiffs (the party who initiates the suit)
and defendants (the party against whom the suit is filed). Both categories must be described in
detail in the pleadings, ensuring that their identity is unambiguous.

1. Individual Persons:
o If the plaintiff or defendant is a natural person, the plaint should include:
 Full Name (as per official records)
 Father’s/Husband’s Name
 Age
 Occupation
 Residential Address (for service of summons)
o In case of multiple plaintiffs or defendants, each person must be separately named
and numbered.
2. Minors and Persons of Unsound Mind:
o If a party is a minor (below 18 years) or of unsound mind, they cannot sue or be
sued directly.
o A next friend (for a minor plaintiff) or a guardian ad litem (for a minor
defendant) must be appointed, whose details must be provided.
o The plaint should explicitly state that the party is a minor or of unsound mind and
mention the name and details of the guardian representing them.
13

3. Legal Representatives:
Page
 o If a party to a suit dies before the proceedings conclude, their legal
representatives (heirs, executors, or administrators) must be substituted in
their place under Order XXII of the CPC.
o The plaint must mention:
 The name of the deceased party
 The names and relationship of the legal heirs
 Their addresses for service of notices
o Failure to substitute legal representatives within the prescribed time may result in
the abatement of the suit.

2. Government and Public Officials

1. Suits Against the Government:

o If a suit is filed against the Central or State Government, it must comply with
Section 79 and Section 80 of the CPC.
o The plaint should state whether the suit is against:
 Union of India (for Central Government cases)
 State Government (for state-related cases)
o A mandatory two-month prior notice must be served before filing a suit against
the government.
2. Suits by or Against Public Officials:
o If the suit involves a public official in their official capacity, the official’s name
and designation must be clearly mentioned, e.g.:
 "The State of Uttar Pradesh, represented by the District Collector, [District
Name]."
o If the suit is against a public officer personally, their individual name and
designation must be specified.

3. Corporations, Firms, and Companies

1. Suits by or Against Companies:

o A company, being a legal entity, can sue or be sued in its registered name. The
plaint must include:
 Full legal name of the company
 Registered office address
 Details of the authorized signatory (Director, Managing Director, or
CEO) filing the suit on behalf of the company
o If a company is being sued, the summons must be served to its registered office
or an authorized officer.
2. Suits by or Against Firms:
o A partnership firm may sue or be sued in its firm name, provided it is a
registered firm.
o The plaint should specify:
 Name of the firm
14

 Names of all partners (if necessary)

Page

 Principal place of business

 o If an unregistered firm initiates a suit, it may be barred under Section 69 of the
Indian Partnership Act, 1932.
3. Suits Against Foreign Companies:
o If a foreign company is a party, the plaint must state:
 Company’s name and country of incorporation
 Place of business in India
 Details of the authorized representative in India
o Service of summons must be in accordance with international treaties or
relevant procedural rules.

4. Associations, Societies, and Trusts

1. Unincorporated Associations and Societies:

o Associations that are not registered as legal entities cannot sue or be sued in
their own name. The plaint must mention the names of the representatives or
office-bearers.
o Registered societies can sue or be sued through their President, Secretary, or
authorized officer.
2. Trusts:
o In suits involving trusts, the trustee(s) is the appropriate party to sue or be sued.
The plaint should specify:
 Name of the trust
 Name and address of the trustee filing the suit
o In cases of public trusts, the suit may be filed through the Advocate General or
other designated authority.

5. Representative and Class Suits

1. Representative Suits (Order I, Rule 8, CPC):

o When a suit is filed on behalf of a large group of people with a common
interest, it is called a representative suit.
o The plaint must clearly state:
 That the suit is filed in a representative capacity
 That permission has been obtained from the court
 That notice has been issued to all interested parties
2. Class Actions and Public Interest Litigation (PIL):
o Class actions allow a group of people affected by a common issue (e.g.,
consumer cases) to sue together.
o Public Interest Litigations (PILs) can be filed by individuals or organizations
for public welfare under Article 32 or 226 of the Constitution.

6. Insolvents, Convicts, and Foreign Nationals

1. Insolvent Persons:
15

o An undischarged insolvent cannot sue or be sued in their own name. The suit
Page

must be filed or defended by the Official Receiver or Official Assignee.

 2. Convicts:
o A convict can sue but may face restrictions based on the nature of their
conviction. If a convict is a defendant, summons must be served through prison
authorities.
3. Foreign Nationals and Diplomatic Entities:
o Foreign nationals can sue and be sued in Indian courts, but special procedures
apply for service of summons.
o Diplomats and foreign embassies enjoy immunity under international law, and
suits against them require prior approval from the Government of India.

The accurate description of parties in pleadings is critical to ensuring a valid and effective
legal proceeding. Any ambiguity in naming or describing the parties can lead to dismissal or
unnecessary procedural delays. Whether the parties are individuals, corporations, government
entities, or representative groups, their proper identification in the plaint ensures clarity,
compliance with legal provisions, and the smooth administration of justice.

Kinds of Parties in Pleadings

In legal proceedings, the parties involved in a suit play a crucial role in determining the rights,
liabilities, and obligations under the law. The Code of Civil Procedure, 1908 (CPC) governs
the classification and inclusion of parties in pleadings. Properly identifying and describing these
parties is fundamental to ensuring the suit is maintainable and proceeds effectively. The parties
in pleadings can be broadly categorized based on their role, nature, and legal standing.

1. Necessary and Proper Parties

(i) Necessary Parties

A necessary party is one without whom a suit cannot be effectively decided. Their presence is
essential to enable the court to completely adjudicate upon and settle the dispute. If a necessary
party is not included in the suit, the court may either dismiss the case or direct the plaintiff to
implead them.

 Example: In a partition suit, all legal heirs must be made parties; otherwise, the decree
may be incomplete or ineffective.

(ii) Proper Parties

A proper party is one whose presence is not essential for the adjudication of the suit but whose
participation may help in effectively settling the matter. If a proper party is omitted, the decree
can still be passed, but their inclusion may avoid multiple litigations.
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  Example: In a contractual dispute, if A and B enter into an agreement, but C has a
secondary interest in the contract, C is a proper party.

2. Formal and Informal Parties

(i) Formal Parties

Formal parties are those who have no direct interest in the subject matter of the suit but are added
to comply with procedural requirements. They do not actively participate in the proceedings but
their presence is necessary to give effect to the decree.

 Example: In a suit regarding company liquidation, the Registrar of Companies may be

made a formal party.

(ii) Informal Parties

Informal parties are those who, though named in the pleadings, do not necessarily have a legal
stake in the proceedings. They may be included for record purposes or out of caution.

 Example: In public nuisance cases, local authorities may be added as informal parties
even if they are not actively responsible for the dispute.

3. Plaintiffs and Defendants

(i) Individual Plaintiffs and Defendants

An individual can sue or be sued in their personal capacity. The plaint must contain their full
name, address, age, and other identifying details.

 Example: A tenant suing a landlord for eviction protection.

(ii) Multiple Plaintiffs and Defendants

When multiple persons have a common interest in a dispute, they can join as plaintiffs or
defendants under Order I, Rule 1 & 3, CPC.

 Example: Co-owners of a property filing a suit against illegal encroachment.

(iii) Pro Forma Defendants

17

A pro forma defendant is one who is included in the suit but has no personal interest in
opposing the plaintiff’s claim. Their presence is required for the suit’s completeness.
Page
  Example: In a partition suit, one sibling may not object to the division but is included as
a pro forma defendant.

4. Representative Parties

(i) Representative Suits (Order I, Rule 8, CPC)

When a large group of people have the same interest in a matter, one or more persons can sue or
defend the suit on behalf of the entire group with the court's permission.

 Example: Residents of a locality filing a suit against a factory causing pollution.

(ii) Class Action Suits

A class action suit is a lawsuit where a group of people collectively bring a case to court. This is
common in consumer rights, corporate fraud, or environmental law cases.

 Example: Shareholders suing a company for financial misrepresentation.

(iii) Public Interest Litigants (PIL)

A PIL is filed by an individual or group for the enforcement of public rights under Article 32 or
226 of the Constitution of India.

 Example: A human rights organization filing a PIL against custodial violence.

5. Special Categories of Parties

(i) Minors and Persons of Unsound Mind

 Minors (below 18 years) or persons of unsound mind cannot sue or be sued directly.
 They must be represented by a next friend (if plaintiff) or a guardian ad litem (if
defendant) under Order XXXII, CPC.
 Example: A minor filing a suit for inheritance through their guardian.

(ii) Insolvent Persons

 An undischarged insolvent cannot sue or be sued in their own name.

 The Official Receiver or Assignee represents them in the suit.
 Example: A bankrupt individual being sued for outstanding debt.
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(iii) Convicts
  A convicted person can sue, but there may be restrictions based on the nature of their
conviction.
 If a convict is a defendant, summons must be served through prison authorities.
 Example: A convict filing an appeal against wrongful imprisonment.

6. Government and Corporate Entities

(i) Government as a Party

 When the government is a plaintiff or defendant, the suit must be filed under Section 79
& 80, CPC.
 Notice must be served two months in advance before filing a suit against the
government.
 Example: A suit against the State of Maharashtra for improper land acquisition.

(ii) Corporations and Companies

 A company, being a juristic person, can sue or be sued in its own name.
 The Managing Director or Authorized Officer represents the company.
 Example: A construction company suing for breach of contract.

(iii) Firms and Partnerships

 A registered firm can sue or be sued in its firm name.

 An unregistered firm cannot file a suit as per Section 69 of the Indian Partnership
Act, 1932.
 Example: A partnership firm suing a supplier for non-delivery of goods.

7. Foreign Nationals and Diplomatic Entities

(i) Foreign Nationals

 A foreigner can sue or be sued in India, but jurisdictional issues may arise.
 Example: A foreign investor suing an Indian company for breach of contract.

(ii) Diplomatic Entities

 Under international law, diplomats and embassies enjoy immunity from lawsuits.
 A suit against a diplomatic entity requires the permission of the Indian government.

19

Example: A dispute over a leased embassy property in India.

Page
 The proper identification and classification of parties in pleadings is crucial for the smooth
adjudication of disputes. Whether the parties are individuals, corporations, government bodies,
or representative groups, their inclusion must comply with the legal framework to ensure a fair
trial and enforceable decree. Courts often insist on the joinder of necessary and proper parties to
avoid multiplicity of proceedings and ensure complete justice.

Pleadings form the backbone of civil litigation, establishing the framework within which a case
is conducted. They refer to the formal written statements of the parties in a lawsuit, outlining
their claims, defenses, and relief sought from the court. Under the Code of Civil Procedure, 1908
(CPC), pleadings primarily include plaint and written statement, which are governed by Order
VI of the CPC. The objective of pleadings is to ensure that each party is aware of the other's
case and that no party is taken by surprise during the trial.

Application for Setting aside Ex-parte Decree

One of the essential applications that can be filed in a civil suit is an application for setting
aside an ex-parte decree. This application comes into play when a defendant fails to appear
before the court, leading to an ex-parte decree against them. Order IX of the CPC deals with the
appearance of parties and the consequences of non-appearance, while Order IX Rule 13
specifically provides for setting aside an ex-parte decree.

Understanding Ex-parte Decrees and their Implications

An ex-parte decree is a decree passed by the court in the absence of the defendant when they fail
to appear despite proper service of summons. Under Order IX Rule 6(1)(a) of the CPC, if the
defendant does not appear, the court is empowered to proceed ex-parte and decide the case based
on the plaintiff’s evidence. The effect of an ex-parte decree is that it becomes enforceable as any
other decree, and the defendant is bound by it unless they take appropriate legal recourse to have
it set aside.

However, recognizing the possibility of genuine reasons for a defendant’s non-appearance,

Order IX Rule 13 of the CPC provides a remedy. It allows a defendant against whom an ex-
parte decree has been passed to apply for its setting aside, provided they can demonstrate that:

1. Summons was not duly served, or

2. They were prevented by "sufficient cause" from appearing in court when the suit
was called for hearing.
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Legal Provisions and Grounds for Setting Aside an Ex-parte Decree

 Under Order IX Rule 13 of CPC, an application for setting aside an ex-parte decree must be
filed before the same court that passed the decree. The provision reads:

"In any case in which a decree is passed ex-parte against a defendant, he may apply to the court
by which the decree was passed for an order to set it aside; and if the court is satisfied that the
summons was not duly served, or that he was prevented by any sufficient cause from appearing
when the suit was called on for hearing, the court shall make an order setting aside the decree as
against him upon such terms as to costs, payment into court, or otherwise as it thinks fit, and
shall appoint a day for proceeding with the suit: Provided that where the decree is of such a
nature that it cannot be set aside as against such defendant only, it may be set aside as against
all or any of the other defendants also."

Thus, there are two primary grounds on which an ex-parte decree may be set aside:

1. Non-service of Summons: The defendant can argue that the summons was not duly
served as per the procedure laid down in Order V of the CPC, which deals with the
service of summons. If the court finds that the defendant was not properly notified, it has
no choice but to set aside the decree.
2. Sufficient Cause for Non-Appearance: If the summons was duly served, the defendant
must demonstrate a sufficient cause for their failure to appear. The term "sufficient
cause" is not explicitly defined in the CPC but has been interpreted through judicial
precedents to include:
o Serious illness of the defendant or their close family members.
o Unavoidable accidents such as road accidents or natural disasters.
o Failure of legal counsel to inform the defendant about the hearing date.
o Wrongful service of summons leading to the defendant being unaware of the
proceedings.
o Any other reasonable cause that is beyond the defendant’s control.

The burden of proof lies on the defendant to establish that their absence was due to a sufficient
cause and was not intentional or due to negligence.

Procedure for Filing an Application Under Order IX Rule 13

To seek relief under Order IX Rule 13, the defendant must file an application before the court
that passed the decree. The application should be drafted carefully, following the principles of
pleadings, and must contain the following elements:

1. Title of the Application:

21

o Name of the court.

Page

o Suit number and parties involved.

 o Mention of Order IX Rule 13 CPC as the legal provision under which the
application is being filed.
2. Statement of Facts:
o A brief background of the case, including details of the suit and the ex-parte
decree passed.
o Clear reasons explaining why the defendant failed to appear in court.
3. Grounds for Seeking Relief:
o A statement that either summons was not duly served or that there was sufficient
cause for non-appearance.
4. Prayer for Relief:
o A specific request to set aside the ex-parte decree and restore the suit for hearing
on merits.
5. Affidavit in Support:
o An affidavit by the defendant affirming the truth of the stated facts.
6. Conditions for Setting Aside:
o The court may impose conditions such as payment of costs or security deposit to
prevent misuse of the provision.

Judicial Precedents and Interpretation

Indian courts have interpreted Order IX Rule 13 CPC in a liberal manner to ensure justice is
not denied due to procedural lapses. Some key rulings include:

 G.P. Srivastava v. R.K. Raizada (2000): The Supreme Court held that "sufficient
cause" should be liberally construed to advance the cause of justice rather than shutting
out a litigant on technical grounds.
 Parimal v. Veena (2011): It was ruled that a party seeking to set aside an ex-parte decree
must prove "sufficient cause" with reasonable certainty and not merely as a routine
defense.
 Bhivchandra Shankar More v. Balu Gangaram More (2019): The Supreme Court
clarified that mere negligence or casual approach by the defendant is not a ground for
setting aside an ex-parte decree.

Effect of Rejection of Application

If the application for setting aside the ex-parte decree is rejected, the decree attains finality, and
the defendant must seek alternative remedies such as:

 Filing an appeal under Section 96(2) of the CPC.

22

 Seeking review under Order XLVII Rule 1 CPC.

Page

 Filing a revision under Section 115 CPC in limited circumstances.

 The provision for setting aside an ex-parte decree under Order IX Rule 13 CPC is an important
safeguard ensuring that justice is not denied due to procedural lapses. While the courts recognize
the principle of audi alteram partem (no one should be condemned unheard), they also ensure
that the provision is not misused by negligent litigants to delay proceedings. A well-drafted
application must strictly adhere to the fundamentals of pleadings, clearly stating material facts,
legal grounds, and supporting evidence. Law students and legal practitioners must understand the
procedural and substantive aspects of this provision to effectively represent clients in such
matters.
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 [CIVIL PLEADINGS: PLAINT]
[NOTE : All pleadings must be neatly typed/printed in one and a half space]

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

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 or the Plaintiff-
company, is a duly constituted attorney of the Plaintiff-company 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-company inter-alia carry on the business of construction, engineering and
designing. The Plaintiffs are builders of international repute and have earned a big name in their
business.
24
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 3. That the Defendant is a Company incorporated under the Companies Act having their
registered office at Chandigarh. However, the Administrative office of the Defendant is situated
at Delhi i.e. within the jurisdiction of this Hon‟ble Court.

4. That the Defendant approached the Plaintiff for construction of a building for their paper mill
at Chandigarh some time in the year 2000 whereupon the Plaintiff constructed the building and
handed over the possession of the same to the Defendant sometime in December, 2013.

5. That the on 4th April, 2014, the Plaintiff raised the final bill for Rs. 4,19,200/- on the
Defendant on account of the aforesaid construction of their paper mill at Chandigarh against
which the Defendant handed over cheque No. 213456 dated 18.4.2014 for Rs. 4,19,200/- drawn
on Punjab National Bank, Shahdara, Delhi to the Plaintiff, which was dishonoured upon
presentation.

6. 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.

7. That the Plaintiff therefore finally issued a legal notice dated 6th April, 2015 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. 4-4-2014 upto the date of payment. However, no payment
has been made by the Defendant despite the said notice.

8. 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 however, claiming interest form 18-4-
2014 upto the date of filing of this suit @ 18% per annum.

9. 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 December, 2013 when the said building was completed and handed over to the
Defendant and on 4th April, 2014 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.
25
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10. The suit is within the period of limitation.

 11. 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.

12. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which
court fee of Rs. ___________is paid.

13. 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.

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 18.4.2014 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 18.4.2014 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
26

Date: Advocate
Page
 VERIFICATION:

Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to 8 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 9 to 13 are true on information received and believed to be true and
last para is the humble prayer to this Hon‟ble Court.

Plaintiff
27
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 (DRAFT AFFIDAVIT)
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________)
DELHI
SUIT NO ……………. OF 20..

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 Company 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.
28

DEPONENT
Page
 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

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
29
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 (MODEL DRAFT FOR WRITTEN STATEMENT)

IN THE COURT OF CIVIL JUDGE (DISTRICT____)

SUIT NO. ……………………OF 2025

X_______________ …. PLAINTIFF

VERSUS

Y_________________ ….. DEFENDANT

WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS :

1. That the suit is barred by limitation under Article .......... of the Limitation Act and is liable to
be dismissed on this short ground alone.

2. That this Hon‟ble Court has no jurisdiction to entertain and try this suit because.....................

3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is
therefore liable to rejected outrightly.

4. That there is absolutely no cause of action in favour of the Plaintiff and agianst the Defendant.
The suit is therefore liable to be rejected on this ground also.

5. That the suit is bad for non-joinder of necessary parties, namely ..........................

6. That the suit is bad for mis-joinder of Z.

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 7. That the suit is barred by the decree dated ................... passed in suit No....................... titled Y
Versus X by Sh. ..........................., Sub-Judge, Delhi, The present suit is therefore barred by the
principle of res-judicata and therefore liable to be dismissed on this short ground alone.

8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing
No.................. is pending in the Court of Sh. ......................., Sub-Judge, Delhi

9. That the suit has not been properly verified in accordance with law.

10. That the Plaintiff‟s suit for permanent injunction is barred by Section 41 (h) of the Specific
Relief Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged
breach of contract by the Defendant. Assuming, though not admitting, that the Defendant has
committed any alleged breach, the remedy available to the Plaintiff is by way of the suit for
specific performance and not sent for specific performance.

11. That the Plaintiff‟s suit for permanent injunction is also barred by Section 41 (i) of the
Specific Relief Act because he has not approached this Hon‟ble Court with clean hands and his
conduct has been most unfair, dishonest and tainted with illegality.

12. That the Plaintiff‟s suit for declaration is barred by Section 34 of the Special Relief Act as
the plaintiff has omitted to claim further consequential relief available to him.

13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal
service cannot be enforced.

14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory
notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a) Rent Control
Act/Section 478 of the Delhi Municipal Corporation Act.
31

15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69
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of the Indian Partnership Act and as such is not competent to institute this suit.
 16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act,
1988, and is therefore liable to be dismissed outrightly.

ON MERITS :

Without prejudice to the preliminary objections stated above, the reply on merits, which is
without prejudice to one another, is as under:-

1. That para 1 of the plaint is correct and is admitted.

2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put
to the strict proof of each and every allegation made in the para under reply.

3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is
specifically denied that the Plaintiff is the owner of the suit properly. As a matter of fact, Mr. N
is the owner of the suit properly.

4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the
suit properly. However, the remaining contents of para under reply are absolutely incorrect and
are denied. It is specifically denied that......................

5-10. (Each and every allegation must be replied specifically depending upon the facts of each
case. The above reply on merits is therefore only illustrative in nature.)

11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of
the Plaintiff and against the Defendant because....................... The plaintiff is therefore liable to
be rejected outrightly.
32

12. That para 21 is not admitted. This Hon‟ble Court has no jurisdiction to entertain this suit
because the subject matter of this suit exceed the peciniary jurisdiction of this Hon‟ble Court.
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 13. The para 13 is not admitted. The suit has not been properly valued for the purpose of court
fee and jurisdiction. According to the Defendant the correct valuation of the suit is
Rs...................

PRAYER:
It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to:
a) Dismiss the suit of the plaintiff.
b) Award costs to the defendant.
c) Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

Place: THROUGH

Dated: ADVOCATE

VERIFICATION :
Verification at Delhi on … day….. of , 20… that the contents of paras 1 to …. Of the
preliminary objection and para…to… of reply on merits are true to my personal knowledge and
those of paras … to ….of preliminary objection and para…to… of reply on merits are true &
correct on the basis of legal advice received and belived to be true. Last para is prayer to the
Hon‟ble Court.

DEFENDANT
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[NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be
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verified and supported by affidavit]

 IN THE COURT OF:
Suit No.:___ / 2025

In the Matter of:

AB................. ... Plaintiff

versus

CD.............. .... Applicant/Defendant

APPLICATION UNDER ORDER IX RULE 13 CPC FOR SETTING ASIDE EX-PARTE

DECREE

Most Respectfully Showeth: -

1. That the abovementioned suit was decreed ex-pane by this Hon’ble Court against the
applicant/defendant on.................................

2. That the applicant/defendant was not aware that the present suit has been instituted in this
Hon’ble Court as he had been out of station from................................. to ................................. in
connection with his business.

3. That applicant/defendant came to know about the same when he returned back.

4. That an affidavit in support of the said fact is being filed by the applicant.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may kindly set-aside the ex-pane
decree passed against the applicant/Defendant upon such terms and conditions as this Hon’ble
Court may deem fit and proper.

It is prayed accordingly.

Applicant/Defendant

Place: ..............................
34

Dated: ..............................
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