CERTIFICATE COURSE ON CIVIL DRAFTING

ANALYTICAL QUESTIONS

1) What are the main functions of the civil court? And what happens after a civil suit
is filed?

A civil court deals with arguments or disagreements between two private individuals or
companies rather than with criminal activities. The main function of a civil court is to find out
the liability of one of the parties for the injuries or damages towards the other party which is in
not of criminal nature.

In the initial pleading stage, suit is filed by the plaintiff to start the court action, the defendant
files a reply or response against the suit. It is for the plaintiff to deny all the defences made by
the defendant in the reply.

The basic rule is that the rights of the parties should be determined on the basis of the date of the
filing of the suit.1

2) Explain plaint and why it is essential to file a plaint? Draft a plaint document that
you have to file in a court?

The expression “plaint” has not been defined in the Code, but it means “a private memorial
tendered to a court in which a person sets forth his cause of action; the exhibition of an
action in writing.”2 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.3

In order to receive a particular relief, the plaintiff should mention it in the plaint either simply or
in the alternative.
1
Lachmeshwar Prasad v. Keshwar Lal, AIR 1941 FC 5.
2
Assan v. Pathumma, ILR (1899) 22 Mad 494.
3
Girija Bai v. Thakur Das, AIR 1967 Mys 217.

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 IN THE CITY CIVIL COURT, AT AHMEDABAD

Civil Suit No. 166 of 2021

Abhinav Sharma, Hindu, adult aged about 38 years, residing at 15, Paradise Park, Usmanpura,
Ahmedabad ……… Plaintiff

                                                                                     V.

Sharmistha Sharma, Hindu, adult, aged about 35 years, residing at 35, Patidar Society, Paldi,
Ahmedabad ……. Defendant 

The Plaintiff submitted as under:

1. The plaintiff is a resident of 15, Paradise Park, Usmanpura, Ahmedabad, and the
defendant is a neighbor of the plaintiff.
2. Unused land is near the house of the plaintiff, which is used by the defendant as a
dumping yard for the waste material of her house.
3. That the defendant was all the time throwing the waste material in that unused land
near the house of the plaintiff.
4. Since a very long time of being used as a dumping yard by the defendant, there is a
collection of huge waste material that leads to the health problem of the plaintiff.
5. That the court has jurisdiction on this matter to fix an injunction on the use of unused
land as a dumping area as it restricts his free movement and also leads to affect health
due to defendant action.

Prayer:

It is Prayed that a decree for the injunction is passed in favor of the plaintiff against the
defendant. And some other relief as the court thinks fit.

Place: Usmanpura, Ahmedabad Signature

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Date: 26th May, 2021                                                                            (Abhinav Sharma)

Verification:

In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are
true to my knowledge and the contents of remaining paras are according to legal advice from my
advocate which I believe to be true.

Place: Usmanpura, Ahmedabad.                                              

s/d of Plaintiff

Date: 26th May, 2021.                                                                                 (Abhinav Sharma)

3) Mention the step-by-step procedure to draft an affidavit?

The term “affidavit” has not been defined in the Code, it is commonly understood as “a sworn
statement in writing made especially under oath or on affirmation before an authorised officer or
Magistrate”.4

It is a declaration of facts, made in writing and sworn before a person having authority to
administer oath.

Drafting an Affidavit.

Step 1: identification of the type of affidavit, i.e., judicial or non-judicial.

Step 2: Purpose of the affidavit or the heading.

Step 3: Write the name of the parties.

Step 4: Complete address of the deponent be given.

Step 5: State only the true facts in points. Do not mention the laws.

4
M. Veerabhadra Rao v. Tek Chand, AIR 1985 SC 28.

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Step 6: Affix the signature of the deponent.

Step 7: Affix the signature of the advocate or the authorized personnel.

Step 8: Write the verification.

Step 9: Signatures of the deponent and witness after the verification.

Step10: Write the place and date.

Step 11: Affidavit should be notarized by the Notary Public or the Oath Commissioner.

4) Draft an interlocutory document before the appellate tribunal for electricity?

INTERLOCUTORY APPLICATION BEFORE THE APPELLATE TRIBUNAL FOR

IA NO. 15 OF 2021

In Appeal/Original Petition No. 38 of 2021

IN THE MATTER OF: Interlocutory Application (IA) in Petition no. 35/MP/2014 seeking
directions towards payment of demand raised by the Income Tax Authorities from PSDF.

Mr. XYZ Petitioner

AND

Mr. ABC Respondent

ORDER

 The petitioner has filed this interlocutory application (IA) to bring on record the steps
taken by the petitioner since the issue of the order dated 13.3.2021 in Petition
No.35/MP/2021 and seeking intervention of the Commission towards resolution of the
issue. The petitioner has made certain prayers in the IA.
 The representative of the petitioner submitted that consequent to the receipt of the
demand notice dated 31.1.2021 from the Dy. Commissioner of Income Tax, Circle 14(1),
New Delhi, the petitioner filed a writ petition {WP(C) No. 1396 of 2021} before the

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 Delhi High Court on 28.2.2021 seeking stay of the demand notice. The Hon’ble Court in
its order dated 3.3.2021 directed the petitioner to approach the Commissioner (Appeals)
under the Income Tax Act,1961 and further directed that such an appeal if made within
one week be disposed of by the Commissioner (Appeals) within four weeks from the date
of the order. The High Court also directed that in the event of an application being moved
by the petitioner under section 220(6) of the Income Tax Act, 1961. of the appeal and
directed the petitioner to deposit 50% of the total demand (i.e., Rs. 4396458095/-) by
20.3.2021 and produce documentary evidence of the same by 21.3.214. The petitioner
filed an appeal and has directed the petitioner to deposit 40% of the total demand on or
before 29.3.2021 and the deposit of balance amount was stayed till disposal of the appeal.
 The representative of the petitioner submitted that in compliance with the directions of
the Commission in order dated 13.3.2021, the petitioner also approached the Ministry of
Power, Government of India. The Ministry of Power in its letter 21.03.2021 has asked the
petitioner to take all legal recourse to settle the matter.
 We have considered the submissions of the petitioner. This Commission in discharge of
its statutory functions to regulate inter-State transmission of electricity under section
79(1)(c) of the Electricity Act, 2003 has taken various regulatory measures through
imposition of UI charges, congestion charges and reactive energy charges etc. in order to
ensure smooth operation of the inter-state transmission system and maintenance of the
safety and security of the integrated national grid. Accordingly, we reiterate our
directions in order dated 13.3.2021 and direct the petitioner to pursue all legal options
available for withdrawal or setting aside of the demand notice from IT Department.
 With regard to the petitioner's prayer for permission to meet the tax liability from the
PSDF in the event the petitioner is still required to pay the Income Tax on the said funds
despite its efforts, we direct the petitioner to approach the Monitoring Committee in this
regard.
 IA No.15/2021 is disposed of in terms of the above.

Sd/- Sd/-

(A K Singhal) (Gireesh B. Pradhan)

Member Chairperson

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 5) Who can file a writ petition under Article 226? Draft a writ petition under Habeas
Corpus?

Article 226 does not specify the persons who can approach the court under it but it provides
remedy similar to art. 32. Any person whose legal rights or legally protected interests are
adversely affected should approach the court for relief.5 The petitioner need not wait till the
actual infraction of his right; he can also approach the court against imminent threat of such
infraction.6

An application for a writ of habeas corpus, may in certain circumstances be made by a relative or
friend of the person under detention.

IN THE HIGH COURT OF PATNA

IN THE MATTER OF:

Age: 37 years
Resident Of: Kidwaipuri, Patna, 80001.
Through: Mr. Aditya Raj S/O Mr. Sanjay Kumar,

Age: 35 years, As Next Friend                                                        

PETITIONER

VERSUS

STATE GOVERNMENT
5
State of Orissa v. Ram Chandra Dev, AIR 1964 SC 685.
6
S.M.D. Kiran Pasha v. Govt. of A.P., (1990) 1 SCC 328.

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HOME DEPARTMENT
PATNA                                                                            RESPONDENT NO. 1

DISTRICT MAGISTRATE
PATNA                                                                      RESPONDENT NO. 2

SUPERINTENDENT
BEUR JAIL
PATNA RESPONDENT NO. 3

PETITION FOR ISSUANCE OF A WRIT IN THE NATURE OF HABEAS CORPUS

To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Patna.

The humble petition of the

1. That the petitioner is filing the present writ petition under article 226 of the constitution
of India praying for issuing writ of habeas corpus to respondent no. 1, 2 and 3 thereby
quashing the impugned order and directing the release of the petitioner and granting
reasonable compensation.

2. That the petitioner resides in Kidwaipuri, Patna 800001 and has been a law-abiding
citizen of India and so has been his family.

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 3. That on 25th May, 2021, the Petitioner was arrested and detained for a period of 2 months
in the Beur Jail, Patna, wherein the Respondent No. 3 is the Superintendent, with an order
passed by the Respondent No.1 dated 24th May, 2021, under the National Security Act,
1980. A copy of the order by the Respondent No. 1 has been annexed herewith
as Annexure 1.

4. That, on the date of getting detained and arrested in the Beur Jail. The Petitioner was not
informed about the grounds of his detention by Respondent No. 3 and after the lapse of
ten days, the Petitioner was informed of his ground of arrest and detention.

5. That the Petitioners have no other efficacious remedy except to approach this Hon'ble
Court by way of this Petition under Article 226 of the Constitution of India.

6. That the Petitioners have not filed any other petition or preceding in any court or tribunal
throughout the territory of India regarding the matter.

7. Therefore, the order by Respondent No. 1 dated 24th May, 2021, is illegal, arbitrary and
with lack of jurisdiction because of the following grounds: -

 
GROUNDS

a) The grounds of detention were furnished to the Petitioner after prolonged delay.

b) The petitioner's detention is violative of Article 21 of the Indian Constitution.

c) The grounds of detention are very arbitrary and vague.

PRAYER

In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble
Court may be pleased to: -

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 a) Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the impugned
order;

b) Issue an appropriate writ directing release of the petitioner;

c) Issue appropriate writ granting reasonable compensation;

d) Any other relief, order or direction this court may deem fit and proper under the facts and
circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND

FILED BY:
(Aastha Prakash)
ADVOCATE FOR THE PETITIONER