DPC 2
DPC 2
DPC 2
● 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.
Plaint
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:-
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)
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)