DPC 2

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Pleadings

● According to order 6 rule 1 of CPC, 1908 pleading means a plaint or written statement.
● So pleadings are statements in writing, filed in the court by each party to a case stating
what contentions will be at trial and giving all such details as his opponent needs to
know in order to prepare his case and answer.
● In India, there are two main pleadings in a suit namely- plaint or written statement.
● A statement of claim is called the plaint in which the plaintiff sets out his cause of action
with all necessary particular.
● A statement of defense is called the written Statement in which the defendant deals
with every material facts alleged by the plaintiff in the plaint, states any new facts which
are in his favor and adds such legal objections as he deems fit against the claim.

Objects of pleading:-
The main object of the procedure of pleading is to provide that both the parties at dispute
should know the exact points of such dispute between them so as to bring forward their own
case and evidence to determine the issue. So the whole object of pleading is to give a fair
notice to each party of what the opponent’s case is, the points to which the parties agree and
those on which they differ and to bring the parties to a definite issue, therefore the purpose of
pleading is to narrow down the parties to definite issue and thereby to avoid unnecessarily
delay and reduce expense in procuring evidence required by either party at the hearing of the
case.

Rules of pleading :-
Order 6 of cpc contains fundamental rules regarding pleadings:-
1. Every pleading must state facts and not law.
2. It must state all materials facts only
3. It must state only the facts on which the party relies and not the evidence by which they
are to be proved.
4. It must state such facts concisely but with precision and certainty.

Contents of plaint:-
Statement of claims is called the plaint in which the plaintiff sets out his cause of action with all
necessary particulars.(order7)
● Formal parts of plaint:-
1) Title which consists of name of the court.
2) Name or full description of plaintiff or plaintiffs.
3) Name or full description of defendant or defendants.

● Claim
Sometimes it is briefly shown immediately after the title and after the body of the plaint is
drawn but usually it is in the body of the plaint.
● Body of plaint
a) Matters of inducement or interlocutory paras.
b) Cause of action
c) Date of cause of action
d) Demand and refusal
e) Claim
f) Jurisdictional clause.
g) Valuation of suit and court fees.

● Relief clause (prayer clause)


● Signature of plaintiff or plaintiffs and his advocates.
● Verification clause
● Verifies signature and its attestation by oath commissioner
● List of documents or annexures.(exhibited)
Drafts:-

Plaint

IN THE HIGH COURT OF JUDICATURE AT ……..


Ordinary original civil jurisdiction
Suit no. …… of 20…..
XYZ of Mumbai, …… Plaintiff
S/0 ….., Residing at Mohan building,
Mumbai
Versus
PQR of Mumbai,
S/O ….., R/O …. ….. Defendant

THE PLAINTIFF ABOVE NAMED STATES AS FOLLOWS:-


1. That the Plaintiff is an interior decorator by profession and was married on 21 st Jan of
2010 to AYZ who is a doctor by profession. The said marriage was performed according
to the Hindu rites and ceremonies. Hereto annexed and marked exhibit “A” is a copy of
marriage certificate dated …..(dd/mm/year) evidencing the marriage between the
Plaintiff and the said AYZ.
2. That on October 11, 2010 a child ( who was later named as SD) was born to the plaintiff
annexed hereto and marked exhibit “B” is the copy of birth certificate of said SD.
3. That in February 2011, the said AYZ deserted the plaintiff and in 29 June 2012, on a
petition filed by the plaintiff, AYZ was ordered by this Hon’ble court to pay to plaintiff a
monthly sum of rupees 500/- as maintenance of the said child.
4. That the defendant is the sole proprietor, editor or a publisher of a daily newspaper
called “ THE MUMBAI NEWS” . Said newspaper has a large and extensive circulation in
the whole India and particularly in the states of Maharashtra and Gujarat.
5. That the defendant on page no.2 of the issue of the said newspaper dated 25 th Feb.
2012 published an article entitled “THE TRUE STORY BEHIND AYZ” which is exhibit “C”
hereto.
6. That the plaintiff submits that the contents of said article concerning the plaintiff were
falsely and maliciously printed and published by the defendant By innuendo. The words
of the article meant and were understood to mean that the plaintiff was a dishonest
woman who was falsely representing herself to be the wife of AYZ and was only posing
of as the lawfully wedded wife of the said AYZ . The said article thus suggest that AYZ
was not the plaintiff’s husband and that the plaintiff had merely cohabit with AYZ and
had child by him without being married to her
7. That the plaintiff states that the defendant published said article with full knowledge
that such an imputation will harm her reputation and lower her in the eyes of all her
friends and associates. By reason of the said publication the plaintiff has been suffered
great loss of her character and reputation and has been brought into a public scandal,
hatred and contempt.
8. That the plaintiff says and submits that due to the said publication the plaintiff has
suffered loss and damages and is entitled to recover from the defendant a sum of
Rupees 5 lacs per statement annexed hereto and marked exhibit D.
9. The plaintiff values the relief claimed in the suit for the purpose of jurisdiction and court
fees at 5 lacs or as dishonorable, as the honorable court may deem fit.
10. The said newspaper was printed and published in Mumbai and Plaintiff was defamed in
Mumbai. The plaintiff resides and carries on business in Mumbai. This honorable court
therefore has jurisdiction to entertain, try and dispose of the present suit.
The course of action in the present suit arose on …. , 20… The suit is thus not barred by the law
of limitation.
The Plaintiff will rely on documents a list whereof is annexed hereto.
The Plaintiff thereof prays.
● That the defendant be ordered and decreed to pay the plaintiff the sum of Rupees 5 lacs
(as per exhibit D hereto) or such other sum as this honorable court may deem fit, with
interest thereon at the rate of 6%per annum till the date of payment.
● That the defendant be ordered and decreed to pay to the plaintiff the costs of the
present suit and
● As for such further and other relief as this honorable court deem fit and proper in the
circumstances of the case.
Plaint drawn by ABC. Signature XYZ
(Advocates name) (Plaintiff)

Verification
I, XYZ (Plaintiff) do hereby solemnly declare and say that what is stated in paragraph….. to …. Is
true to my knowledge and what is stated in the remaining paragraph …. To …. Is stated on
information and belief and I believe the same to be true
Solemnly declared at Signature of XYZ
Mumbai aforesaid. (Plaintiff)
This…. Day of ….. 20….
(Date of verification)

Written statement:-

IN THE HIGH COURT OF JUDICATURE AT …..


Ordinary original civil jurisdiction
Suit no. …. Of 20 …
XYZ of Mumbai. Plaintiff
S/O …., R/O …..
Versus
PQR of Mumbai. Defendant
S/O …., R/O……

THE DEFENDANT ABOVE NAMED MOST RESPECTFULLY STATES AS FOLLOWS:-


1) That the defendant submit all the allegations of the plaint except damages.
2) That the defendant published the said statement without any actual malice. The
defendant very much regrets that he published the said libel and tenders a sincere and
unqualified apology to the plaintiff for the same.
3) That the defendant has published the said apology at a prominent place in the issue of a
Daily newspaper called “The Mumbai News” on Page no.5 dated ….. which is exhibit A
hereto.
4) That the defendant pays a sum of Rupees… into the court on account of damages
suffered by the plaintiff and says that sum is sufficient to satisfy the claim of Plaintiff.
The defendant is also ready to pay the reasonable costs of suits to the plaintiff.
Date…….
Place……..
Written statement drawn by advocate Signature of defendant
(Signature of Advocate)

Verification:-
I, above named defendant, do hereby verify that the contents of paragraph 1 to 4 of this
written statement are true to my personal knowledge signed and verified this … day of…. 20….
At …
Signature of defendant
Interlocutory application
Court will consider application under rule 1 and rule 2.
IN THE COURT OF THE SENIOR SUB JUDGE …….
………
Application No…… of 20…..
In
Civil suit no. …. Of 20….

A (Plaintiff/Applicant)
Versus
B. (Defendant/ Opponent)

Application under order 39 rule 1 and rule 2 of cpc


The above named applicant submits as under:-
1) That the Plaintiff has filed above suit for mandatory injunction against the defendant
claiming a right of easement of light and air peaceably enjoyed for a continuous period
of 30 years and more, through the window on the western side of plaintiff’s house
2) That the defendant contemplating to erect a wall on the western side of the house
belonging to the plaintiff and obstruct the light and air peaceably enjoyed by the
plaintiff continuously for atleast 30 years and more.
3) That the plaintiff is likely to be put to an irreparable loss by the erection of the wall by
the defendant. It is therefore in the interest of justice that the defendant maybe
restrained from committing the contemplated injury to the plaintiff and the status quo
should be maintained during the pendency of suit.
4) That the plaintiff has filed the necessary affidavits of his neighbor and own swearing
that the plaintiff has enjoy right of light and air for 30 years without any interruption
from window in the room on the western side of the upper story of his house.
5) That the plaintiff therefore prays that the defendant maybe restrained by an order of
this Hon’ble court from erecting any wall on the western side of the plaintiff’s house
during the pendency of the suit.
Signature. Signature
(Plaintiff’s advocate). (Plaintiff/Applicant)
Bail application:-

IN THE COURT OF JUDICIAL MAGISTRATE


JALANDHAR
Misc. App No……. Of 20….
In criminal case no….. of 20 …….
State of Punjab Complainant
Versus
XYZ. Accused

Application under section 389 CrPC


May it please your lordship.
The above named accused respectfully submits as under,
1) That today your lordship has been pleased to convict the accused under section 420 IPC
and sentence him to undergo 3 years rigorous imprisonment and to pay fine of rs 1000
and in default of payment of fine 3 months rigorous imprisonment.
2) That the accused intends to prefer an appeal to the high court against the said order of
conviction and sentences passed by this court. The offence is bailable one. The accused
is not likely to abscond and undertakes to remain present in the High Court and this
court whenever called upon to do so.
3) That the accused therefore prays that your lordship may be please to suspend the
execution of the sentence and grant time to the accused for filing the appeal by
releasing him on bail. The accused is ready to furnish such surety as the court wanted be
pleased to order in the nature of this case.
Place……. Signature of applicant
Date……. (Accused)
REGULAR BAIL APPLICATION u/s 436
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS AT JALANDHAR
Criminal Misc. App. No. ….. of 20…..
State of Punjab. Plaintiff
Versus
AB. Defendant
FIR No…..
Dated…..
Under sec ….. IPC
Police station …..
Application under section 436 CrPC for bail
Sir,
The applicant/accused humbly state as under:-
1) That the applicant was arrested by the police of police station….. on ….. and sent up for
remand to custody in the above case
2) That the applicant is innocent and has not committed the offence mentioned above .
3) That the offence is bailable and the applicant is prepared to furnish bail.
Prayer clause
It is, therefore, respectfully prayed that the court be pleased to order that the applicant be
released on bail pending decision in the above case.
Place….. signature of applicant or
Date …….. counsel of applicant
Bail application under section 437
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS AT JALANDHAR
Criminal misc. app no … of …..
State of Punjab. Petitioner
Versus
AB. Respondent
FIR no….
Dated ….
Under section…. IPC.
Police station…..
Application under section 437 CrPC for bail.
Sir,
The applicant/accused humbly state as under:-
● That the applicant is a respectable citizen and has never before been arrested and
challenged.
● That the applicant is innocent and has been falsely implicated in the above case due to
enmity.
● That there was no recovery of any incriminating article from the possession of the
applicant.
● That the offence is non-bailable but there is no evidence to connect the applicant with
this offence.
Prayer
It is therefore respectfully prayed that the court be pleased to allow bail to the applicant.
Place……. Sd of applicant
Date……. Or advocate for applicant
Bail Application-167 CrPC
BEFORE THE HONORABLE JUDICIAL MAGISTRATE FIRST CLASS AT …….
Criminal case no….. of 20 ….
State versus accused
FIR no….
Dated ….
Under section…. IPC.
Police station…..
Application for bail under section 167 of CrPC filed by the counsel for the accused
1) That the accused in the above numbered case has been attested by the ….. police on ….
On charges under section….. of IPC and he is in custody since then.
2) That the police has been reluctant to conduct investigation and submit its report in
time. They have not filed the charge sheet in court even after the completion of
statutory time period of….(60/90 days as the case maybe ) days.
3) The accused is not related to the above offences and is ready to furnish the bail bond.
Prayer
Hence it is most respectfully prayed that this honorable court maybe pleased to release the
accused on bail.
Place…… SD of counsel
Date …. . SD of applicant
Anticipatory bail application
IN THE COURT OF SHRI …. SESSION JUDGE …..
Criminal misc. app ….. of …..
In the matter of …..
AB. Petitioner
Versus
State. Respondent.
FIR no…… under section…..
Police station…..
Application for bail under section 438
Sir,
The petitioner humbly state as under,
1. That petitioner being a senior citizen is living a retired life.
2. That even though applicant is not keen in selling his house, some local property dealers
have conspired with some criminals to pressurize him for sale of his House.
3. That some criminals of the area namely …conspired to harass the petitioner publically
by implicating him and lodging an FIR at the police station at …
4. That petitioner being a senior citizen cannot hide and if compulsory, he shall co-operate
in police investigation. Anticipatory bail be granted to petitioner.
5. That if anticipatory bail is not allowed, petitioner suffer irreparable injury.
6. That petitioner undertakes to obey all terms and conditions on passing order of bail.
Prayer
It is therefore prayed that the court be pleased to allow the petitioner to anticipatory bail and
other order as your honor deem fit and proper.
Date and place. SD of petitioner or advocate
……..
Execution application:-
IN THE COURT OF …. AT …..
In civil suit no. ….. of 20…..
A. decree holder
Versus
B. Judgement debtor
The applicant above named begs to submit as under :-
1) That the applicant had instituted civil suit no. …. Of …. Against the aforesaid defendant,
the said suit has been decreed by this honorable court.
2) That the date of decree is….
3) That no appeal has been preferred against the decree.
4) That the parties to the aforesaid suit has not settle or adjusted or compromised the said
decree in any manner whatsoever.
5) That no application for execution of the aforesaid decree has made earlier.
6) That the court passing the decree has awarded Rupees… amount and Rupees…. Being
amount of interest at the rate of…..% per annum from the date of the suit till the date of
decree and Rupees…. Being the amount of interest at the rate of …. % from the
application. Total rupees.... With current interest at the rate of….%per annum from date
of application till its realization.
7) That the court passing the decree has awarded Rupees…. As costs of the suit.
8) That the aforesaid decree has been passed against Mr. B who is Hindu by religion aged
about…. Years, occupation…., Residing at …..
9) That the applicant seeks assistance of this honorable court for recovery of amount
mentioned in paragraph 6 and 7 having above by attachment and sale of immovable
property belonging to judgment debtor.
Place…. SD of advocate. SD of plaintiff
Date……. (Decree holder)
Winding up of company
IN THE HIGH COURT OF …..
In the matter of companies act 1956 and ….. of company having its registered office at …..
Original petition no…..
A, S/O ….., R/O …. Petitioner
Versus
BC (Company Description). Respondent
Petition under section 434 of the Companies act for winding up by the company by the court.
Petitioner above named states as follows:-
1. That …. Company was incorporated as a private company limited by shares.
2. That the capital of the company is rupees…. Divided into …. Shares of rupees….. each
fully paid up.
3. That the registered office of the company situated at ….
4. That the petitioner is a shareholder of the company holding…. Shares of the nominal
value of rupees…. Fully paid up.
5. That there is deadlock in the administrative affairs of the company as directors
constituting the board of directors are not on speaking terms.
6. That the company is running in losses from the last 5 years.
7. That an extraordinary meeting of the company held it and the company has in its office
on (date) at (place) by special resolution number…. Of ….. , resolved that the company
being wound up by the court. Its is just and expedient that in the circumstances stated
above company to be wound up.
The petitioner therefore prays as follows:-
That the …. Company may be wound up by the court under the provisions of the Companies
act, 1956 and such other order maybe made which shall be just.
SD of advocate SD of A
(Petitioner)
Application for exemption
IN THE COURT OF JALANDHAR
State of Punjab. Petitioner
Versus
XYZ. Defendant
Fir no. ….....
Under section …… IPC
APPLICATION FOR EXEMPTION OF PERSONAL APPEARANCE OF ACCUSED
Respectfully submits:-
i. That the above noted case is pending before this honorable court and fixed for today.
ii. That the accused made a telephonic call to his counsel and told that he is sick and is
unable to attend this honorable court today.
iii. That the absence of the accused is not intentional but due to the aforesaid bonafide
reason.
iv. It is, therefore, most respectfully prayed that the personal appearance of the above-
named accused may kindly be exempted for today.
Dated ….. Applicant
(Through counsel). (No sign because he is sick)
(Sign and name of advocate)
Appeal before district court:- ( first appeal )
IN THE COURT OF DISTRICT JUDGE
Civil appeal no. ….. of 20….. (u/s 96 CPC)
AB , son of ….. , R/O ….. (Appellant/Plaintiff)
Aged about …. Years,.
District…..
Versus
CD , aged about …. Years,. (Respondent/ Defendant)
S/O …., R/O …..
District …...
Sir,
The above named appellant/ plaintiff beg to file an appeal in this honorable court against the
judgement and decree of Shri ……, Judge, Small causes court dated ….. passed in original suit
No. Of 20 …. Between AB versus CD. Dismissing the suit of plaintiff/appellant is most
respectfully submit as follows:-
The valuation of suit is Rupees …..
The valuation of appeal is. Rupees …..
Court fee paid is Rupees …..

Grounds :-
a) Because the learned trial judge has erred in using its discretion wrongfully as to granting
of pendente lite interest in the matter.
b) Because the appellant is entitled to contractual rate of interest which the learned trial
judge has erroneously disallowed.
c) Because the plaintiff/ appellant is entitled to the principal amount advanced by him to
the defendant/ respondent plus interest at the contractual rate.

Prayer:-
It is, therefore, most respectfully prayed that your lordship that this appeal may be allowed
with costs of both the courts, setting aside the judgement and decree of the learned trial court
dated …. And decreeing the claim of the appellant for the principal amount of Rs…. Advanced to
the respondent plus interest at the contractual rate till date of filing of suit and pendente lite till
date of recovery thereof.
Date ……. Sd of appellant
Sd of advocate of appellant

Criminal appeal:-
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE AT PUNE.
Criminal appeal No….. of 20….
XYZ residing at ….. Appellant
Versus
State of Maharashtra. Respondent

For the following among other grounds, the appellant beg to file an appeal against the
judgement dated …. Of the Judicial Magistrate First Class, Pune in Criminal case no….. of 20….
Convicting the appellant under section 407 IPC and sentencing him to undergo 6 months
rigorous imprisonment and to pay a fine of Rs 300.

Grounds:-
1) That conviction is bad in law.
2) That the learned magistrate should have inferred from the conduct of the petitioner,
deposed by the investing officer that he was absolutely straight forward in his dealing.
3) That the learned magistrate should have believed that the articles were purchased
bonafide for a proper market price and inferred from that the absence of any guilty
knowledge of the appellant.
4) That the learned magistrate should have taken into account the representation made to
him by the alleged thief.
5) That the articles sold were common articles of Eveready use and to be found in
possession of people.
6) That learned magistrate should have disbelieved the evidence of PW No.6 and 7 who
identified the Parker pen and the wallet alleged to belonged to Shri. D and should have
held that these are ordinary common articles incapable of any identification in the
absence of any special mark as name.
7) That the learned magistrate should have believed the defense witness who deposed to
having seen the articles sold to the appellant same as five months prior to the incident.
8) That the lower court ought to have given the benefit of reasonable doubt to the
appellant and acquitted him

Prayer:-
It is most respectfully prayed that the appeal maybe allowed to the conviction and sentence
passed may please be set aside.
Place……. Sd of Applicant
Date……. Sd of counsel of applicant
Revision
REVISION APPLICATION IN THE HIGH COURT OF …..
Civil revision No….. of 20….
Under section 115 CPC
L, S/O M, R/O ……. Applicant/Defendant
Versus
X, S/O Y, R/O ….. Respondent/ Plaintiff
The applicant above named submits as follows that:-
The revision application of the applicant against order dated ….., 20…. In suit no…… of 20…..,
pending in the court of ……, district……, between parties X Versus L in which the applicant is
defendant and in which the application is preferred on the following among other grounds of
the revision under the statement of the case in brief as follows:-
a) The opposite party had instituted a suit bearing no…..of 20…. In the court of civil
judge senior division …. Of 20….., the court decreed the said suit of the opposite
party on 3rd January 2021, and ordered the applicant to pay the amount of the
decree to the opposite party.
b) The applicant being aggrieved by the said decree and the judgment prefers this
application on the following among others grounds:-
● That the decree and judgment passed by the learned judges illegal to
operative.
● That the learner judge has erred in law by passing the said decree on a
promissory note or
● That the learned judge erred in law by not appreciating the petitioner’s plea.
Prayer:-
It is, therefore most respectfully prayed that this honorable court maybe pleased to allow the
revision application setting aside the said order dated 3.01.2021 in suit no….. ,….. versus ….
Pending in the court of ….
Any other order which maybe deemed fit, in the interest of justice maybe passed in the favor of
the applicant.
Place ….. sd of applicant
Date ……. Sd of advocate.
Criminal revision:-
IN THE COURT OF SESS6JUDGE …..
CRIMINAL REVISION NO…… OF 20….
(Under section 397 CrPC)
OD, S/O …. R/O ….. (Accused) Petitioner
Versus
State of Punjab. Respondent
(The revision petition against the order dated March 11,2019 passed by the court of …. In
criminal case no. 34 of 2019 titled as State of Punjab vs OD)
Sir,
The petitioner above named most respectfully submits this revision petition against the order
above-mentioned on the following among other:-
Grounds:-
1) Because the order passed by the learned magistrate is incorrect, illegal , improper in the
matter of giving, defining sentence/order recorded and passed.
2) Because the order of the learned magistrate aforesaid is illegal and against the facts on
record.
3) Because the proceeding before the court of the magistrate are irregular due to the
following reasons:-
● The learned lower court did not record statements of all witnesses tendered by
the accused.
● Also didn’t appreciate the evidence of petitioner.
Prayer:-
It is , therefore, most respectfully prayed that the record of criminal case no….. dated …. Of
2019 State vs OD will called for examined and the revision petition may be allowed and the
sentence order recorded therein be set aside. It is further prayed that the sentence maybe
suspended pending the criminal revision in this court and the accused petitioner be released on
bail.
Place……. SD of petitioner
Date….. SD of advocate
Complaint under section 324, 504 and 506
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
Complaint no….. of …
X, S/O …., Aged about …. , R/O….
Police station….. district ……. complainant
Versus
Y, S/O …. Aged about…. , R/O ….
Police station….. district ……. Accused
Police station…..
Complaint under section 324, 504 and 506
The complaint of the complainant:-
1) At time 9:30 am on …. While the complainant was going to attend his office, he was
assaulted by the accused near … due to previous enmity.
2) That as accused was going by the wrong side of the road and the traffic was heavy, he
collided against the complainant’s bicycle on which he was going to office as aforesaid.
3) After collision against the complainant’s bicycle, the accused armed with lathi appeared
on the spot and gave a lathi blow to the complainant. The lathi blow resulted in the
fracture of right arm of the complainant.
4) The medical report in support of physical injury caused to the complainant is attached
herewith.
5) That there was a civil case between the complainant and the accused regarding
possession of plot being suit no…. Of …. In the court of munsiff of … in the district of ….
And …..the said case was decided in favor of petitioner in ….
6) That thereafter the accused held out a threat to the complainant that he would take out
a Revenge.
7) That the accused is man of criminal character and ill repute.
Prayer
It is therefore most respectfully prayed that your honor may be pleased to take cognizance and
to issue summon against the accused and tried for the aforesaid offence in accordance with law
punished as per law.
Name of the witnesses:-
● ….. s/o….. r/o ….
● ….. s/o….. r/o …
The name of other witnesses will be given later on and for this complainant shall pray.
Place….. SD of complainant
Date….. sd of advocate

Writ of certiorari
IN THE HIGH COURT OF JUDICATURE AT …..
Writ no…. Of 20 ….
A(add description and residence). Petitioner
Versus
President, Municipal board…..
District …. State of ….. respondent
Petition for a writ of certiorari under article 226 of the constitution of India to quash the
order of the president, dated ….. refusing to allow withdrawal of resignation.
Grounds:-
To,
TO THE CHIEF JUSTICE AND OTHER PUISNE JUSTICES OF HIGH COURT.
The humble Petition of the petitioner respectfully showeth :-
1) That he was working as a superintendent of the municipal board at …. In the district of
….
2) That certain charges of misappropriation and other irregularities alleged to be
committed by the petitioner were served on the petitioner on … by the respondent and
some investigation was made in this behalf but the said charges were dropped against
the petitioner on or about ….
3) That the petitioner was made under duress (or undue influence) to submit a letter of
resignation from service to take effect 3 weeks after the date of submission thereafter.
The petitioner asserts that he was not Bound by the contents of the said letter.
4) That the petitioner withdrew by letter, dated ….. the offer of resignation ( prior to the
date when the alleged resignation was to take effect) submitted on …..as stated above,
and requested that the said offer of resignation be not considered and be deemed as
withdrawn.
5) That the respondent rejected the prayer mentioned in para 4 above on …. By his order
dated…. And directed the petitioner to hand over charge lf his office to ….
6) That the petitioner moved the civil court for a temporary injunction against the
respondent to restrain him from giving effect to the said letter of resignation was not a
voluntary one but had been extracted out of the petitioner under duress (or undue
influence) but the civil court discharged the rule issued for a temporary injunction in the
said suit, as prayed for.
7) That the petitioner also submitted a representation to the state government on ….. but
the same has not yet been decided.
8) That being aggrieved by the order of the respondent, dated …. The petitioner
approaches this honorable court for issue of a writ of certiorari and such other direction
and order as it may deem just, on the following among others.
● That the suit filed by the petitioner, as stated in para 6 above, has become
infructuous, the relief by means of a suit is not an equally adequate and
efficacious one in the circumstances of this case.
● That the letter of resignation above-mentioned was to take effect on ….. or
thereafter, it was not an unconditional resignation. The petitioner had a right to
intimate to the respondent that he no longer wished that his offer of resignation
which was to come into existence from …. Should be considered as ineffective.
Till ….. there was no resignation at all.
● That the respondent had no jurisdiction to reject the prayer contained in this
letter, dated …. Withdrawing from consideration the offer of resignation
submitted as alleged.
9) It is , therefore, prayed that the order of the respondent, dated ….. mentioned above be
quashed and such other direction or order as maybe consequential And just in this
behalf be made or passed.
Verification
I do hereby verify that the contents of paras no 1 to 8 are true to the best of my knowledge and
belief. Nothing has been concealed therein.
Place ……
Dated……. Sd of petitioner
Affidavit
● An affidavit is a statement or a declaration in writing made on oath or solemn
affirmation setting out certain facts and affirm before a person having the authority to
administer oath or affirmation.
● The person who may administer oath to the deponent that is known as oath
commissioner.
● Sec 139 CPC prescribes the authority who may administer oaths to the deponent of an
affidavit i.e. any court or magistrate or any notary appointed under the notaries act or
any officer or other person whom a high court may appoint in this behalf or any other
court which the state government has generally or specially empowered in this behalf.
● Affidavits are chargeable with stamp duty. If affidavits are filed in court, then no stamp
duty is required, but liable to payment of court fees.

Contents of affidavit:-
● Heading or a title of court or authority before which and description of the case in which
the affidavit is filed.
● Averments (Statement of facts made on oath in numbered paragraphs)
● Verification
● Swearing or affirmation by oath commissioner.
(An authority appointed under section 139 CPC)

Affidavit on application for the substitution of the name of karta

IN THE COURT OF …..


Civil misc. ….
Application no…..of 20 ….
In original suit no. …..of 20 …..
Shri KT Plaintiff
Versus
Shri PQ.
Shri RS. Defendants
Affidavit of AB S/O KT aged about ….years, R/O ….

I, the above named deponent solemnly affirmed and state as follows:-


1) That I am the son of plaintiff and acquainted with the facts deposed to below.
2) That the above mentioned suit was filed by Shri KT the above-mentioned plaintiff in his
capacity as karta of his joint Hindu family.
That the said Shri KT died on ….leaving the following surviving members of his family:-
1. Shri AB
2. Shri CB (sons of Shri KT)
● Shri DB son of Shri EF, deceased son of Shri KT . Out of these numbers two of three are
minors.
● That after the death of deceased the members mentioned in para 3 above continue to
constitute a joint hindu family and I, being the eldest member of the family, now the
karta of the family.
● That I am ready and willing to prosecute the suit in place of Late Shri KT.
Verification
I, the above-named deponent verify that the contents of paragraph 1 to 5 of this affidavit are
true to my personal knowledge.
Date ….. sd of AB (Deponent)
Place …..
By oath commissioner
I, S/O ….., R/O ….. declare from perusal of paper produced by the deponent before me that I am
satisfied that he is Shri AB.
Sd of oath commissioner
Solemnly affirmed before me on this ….day of…..20 …. By the deponent.
SD of oath commissioner.

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