Pleading

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DRAFTING, PLEADING, CONVEYANCING
Unit-I
Qs: What do you mean by ‘Pleadings’? explain the main principles of pleading.
Ans: pleading has an important place in the administration of justice and judicial process. When the suit or
case is brought in the court of law, we have to give facts of the case in the court, and this, what we give in
the court of law is technically called ‘pleadings’. What we plead in the court is called pleadings. The judicial
process is only accelerated by the pleading in the civil matters. The success and failure in the suit depends on
pleadings. When the pleadings is concise, legible an d well drafted, the judicial process becomes simpler and
faster. This is the reason that generally the job of preparation of pleading is handed over to skilled,
experienced and senior advocate.
What is Pleadings?
Order VI, Rule 1 of civil Procedure Code 1908 describes about pleading and it is stated that “pleading shall
mean plaint or written statement. Thus, pleadings may mean plaint and written statement both or we can say
pleading combines both, plaint and written statement. In other words, pleadings are statement in writing
drawn up and filed b y each party to a case, stating what his contention will be on trail and giving all such
detail as his opponent needs to know in order to prepare his case in answer.
According to P.C. Mogha- “Pleadings are such statements which are written and prepared by each of
parties in any suit. It includes all those things up on which the suit is framed and the defendant submits his
own written statement. (The Law of pleadings in India by P.C. Mogha).
The word ‘pleadings’ has been defined in Judicature Act, 1873 (Sec 100). According to this-
“Pleadings includes any writ or summon and any plaintiffs written statement about his claim of defendant
about his defence and written statements of plaintiff in any counter claim also comes under this.”
Thus, pleadings means plaint to the plaintiff and written statements of the defendant. Plaintiff demands relief
through plaint. In England it is called ‘Statements of Claims’. In written statement, the defendant denies the
demands made by the plaintiff in his plaint and submits his own defence in it. As a rule, in India, there are
only two pleadings in a suit:
(1) The statements of a plaintiff regarding his claim is called the ‘plaint’. In this ‘plaint’ the plaintiff puts his
case and cause of action with other necessary particulars as provided in the Civil Procedure Code.
(2) On the other side, a defence is called ‘written statement’. In the ‘written statement’ the defendant denies
or admits every material fact alleged by the plaintiff in the plaint and also states new facts which tell in
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his favour, adding such legal objects as he wishes to take in his claim. These additional averments are
called ‘additional pleas’.
Objects of the Pleadings- the main object of pleading is that both the parties must know their cases and
allegations made by the other parties.
Accoprding to Lord Halsbury-“ whichever system of pleading is available, the main object of it is to make
aware and cautious to every parties about the questions up on which they have to submit evidences and
finally to argue on this.
He supreme court in the matter of M/s Ganesh Trading Co. Vs Moji Ram (A.I.R 1978 SC 484) has stated
two main objects of pleadings-
(a) The parties to know the facts of the cases , and

(b) To prevent deviations.
Presentation- it is essential to submit the pleadings at the right time, in the right court and in the prescribed
format. If pleading is not in the prescribed format or not supported with an affidavit then it is not presented
as per the prescribed manner (Bhakti Hari Nayak Vs Vidhyawati Gupta, A.I.R. 2005 cal 145).
The pleading must be prepared in such a way that minimum, possibilities of amendment may be there,
because the permission of amendments may be granted many times in the pleadings (Dhanpat Ram Vs
Indra Chnadra, A.I.R. 2005 N.O.C. 220 Raj.) and many times it may not, (Miss Mina Bhatnagar Vs First
Fast Track Court, Nainital, A.I.R. 2005 Uttaranchal 16).
Fundamental Rules of Pleadings- mainly two types of principles of pleadings at there- General Principles
and Fundamental Principles. Here we have to study about the fundamental rules of pleadings. The following
are the main principles or rules of pleadings provided in the Civil Procedure Code 1908-
(a) Every pleading must state only facts and not law.
(b) It must state all the material facts and material facts only.
(c) It must state the facts concisely, but with precision and certainty.
(d) It must state only the facts and not the evidence by which these facts are to be proved.
(a) Pleading must state only facts and not law- the first and foremost important principle or rule of
pleading is that only facts of the case to be enumerated in the pleading but not the law. It is the duty of
the court to find out the law, parties of the case need not to state that which thing is according to law and
which one is not in his pleading. The parties have to state only that facts on which their claim or defence
relies.
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In Order-6 Rule-@ of Civil Procedure Code 1908, it is stated that every pleading shall contain and contain
only a statement in concise from the material facts on which the party pleading relies for his claim or defence
as the case may be. The plaintiff has to state only the material facts in his plaint by which the defendant
come to know what are the things he has to face in his suit.
Such things or custom need not be stated in the pleading which the public knows and which has the force of
law. (Gopal Vs hari Dutt Sharma, A.I.R. 1982 Raj. 21).
But, there are some exceptions of this rule. In the following matters, law is to be stated in the pleadings-
(a) Judicial notice,

(b) Legal objections, such as objections about Res-judicata, Limitation, estoppels, jurisdiction etc.
(c) Inference of law.
(b) State only material facts and material facts only- the second fundamental rule of pleading
is that every pleading must state material facts and only material facts. meaning thereby that
the facts other than the material facts should not be stated in the pleadings. Thus, this rule of
pleading requires two things:
1. Pleading must contain all material facts.
2. It must contain only material facts and not otherwise.
Which facts is material and which one is not, it is decided on the basis of nature of every case.
Every fact is material which is essential to the Plaintiff's cause of action or to the defendant's
defence. Facts which are not necessary to establish either a cause of action or the defence to it
are not material according to the provisions in orderVI Rule-2.
For Example- To give notice in the suit against the Government under Section 80 of Civil
Procedure Code, in the matrimonial matter, legal marriage is not performed between the husband
and wife etc. are the incidents of material facts which are to be stated in the pleadings.
(3) Facts not the evidence must be stated-This is the third fundamental rule of pleadings that
every pleading must state facts and not the evidence by which they are to be proved. Facts
are of two types:
(a) facts which the party is required to prove i.e. facta probanda;
(b) facts of evidence by means they are to be proved are termed as facta probantia.
The material facts upon which the suit of the party depends are said to be the facts to be proved
and they must be stated in the pleadings. Converse to this, evidence by which facts are required
to be proved must not be stated in the pleadings.
In this regard, order 6 rule 2 of Civil Procedure Code provides that every pleading shall contain
and contain only a statement in the concise form of the material facts on which the party
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pleading relies for claim or defence, but not the evidence by which they are to be proved.
For Example-In the matters of specific performance of contract, the names of those persons need
not be given under whom the agreement of sale and purchase was performed, because this is
evidence related fact.
(4) Pleading must state the facts concisely but with precision and certainty-The fourth
fundamental rule of pleadings is that it must state the facts concisely but with precision and
certainty. Although the pleadings are required to be in brief but with accuracy and certainty.
Pleading must be clear and definite and should not be sacrificed for the sake of brevity. But
this does not mean that the facts, which required to be stated are so much brief that it may
looses its importance in the pleadings.
The Golden rule of pleadings is that the facts are to be stated in such a manner that essential
thing must not be left and irrelevant things not to be included in the pleadings.
Thus, there are four above stated fundamental rules of pleadings which are required to be
observed by the parties while drafting pleadings.
Q.2.Order VII (Plaint)

Ans. Plaint is the first step of civil judicial process. By presentation of plaint in the court, the
process of judiciary becomes activated. The Plaintiff demands relief from the defendant through
the plaint. The framing of a plaint is so much complete and mature that much success is ensured
to the parties.
Many things are required to be stated in the pleadings. Lackness of thing among this may
become a cause for the rejection of plaint.
Thus, we have to pay special attention to these contents of pleadings.
Contents of a Plaint-The plaint shall contain the following particulars:

(1) the name of the court in which the suit is brought;
(2) the name, description and place of residence, of the parties,
(3) nature of suit,
(4) suit number and the year:
(5) facts of the case;
(6) cause of action;
7) Jurisdiction,
(8) Limitation:
(9) Valuation of suit;
(10) Relief
(11) Verification;
(12) Signature and date;
(13) affidavit.
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(1) Name of the Court-Format of the plaint begins with name of the court. Just after the space
left for pasting the court fee stamps the name of the court in which the suit is being filed has to
be written. Special precaution to be observed while writing the name of the court. Here, the name
of the judge need not be written, only the designation of the officer should be mentioned. Before
writing the name of the court, it must be seen that whether the court has the jurisdiction to hear
the suit or not. There are some matters in which the special court's have the jurisdiction to hear
the suit. Thus, this point need to be observed. The name of the court is to be written in this way.
For Example- In the Court of Civil Magistrate (Sr. Div.) Ajmer (Rajasthan).
(2) Description of the Parties- After the name of the court, the names of the parties are to be
mentioned in the plaint. There has to be two parties in a suit
(a) Plaintiff; and
(b) Defendant.
The party who institutes a suit is termed as Plaintiff and the party against whom the suit is
instituted is called 'Defendant'. In the same suit there may be more than one Plaintiff or
defendant as the case may be.
While making parties, this thing has to be observed that any essential parties are not to be left
and unwanted parties are not included, otherwise it may become the case of Misjoinder or Non-
joinder.
The judicial officers are not to be made parties in a suit. In the matter of Savitri Devi Versus
District Judge, Gorakhpur (A.I.R. 1999 SC 976) it was held that judicial officer is not to be
compared with the other officers. Judicial officers are not to be made parties like any other
officers in a suit.
The Government should not be made party where the relief is not claimed against it.
(Chandranathan Versus Asthar Rani, A.I.R 2000 Mad 60).
Similarly, where the relief is not claimed against the owner of the property he should not be
made party in suit (Chandrakant Bhogilal Versus Purshottam Mohan Lal, A.l.R. 2000 Bom.
18).
Description of Parties are to be given in this way-
'A’ S/o Shri 'B' Aged 60 years, Resident of Malviya Nagar, Jaipur.
Plaintiff
Versus-
‘X’ S/o Shri 'Y' Aged 47 years, Resident of Fateh Tiba, Jaipur
Defended
(3) Nature of Suit-After the name of the parties, the nature of the suit to be stated example
--------Suit for Recovery of Rs. 50,000/-
--------Suit for eviction from premises.
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--------Suit for the specific performance of contract.

(4) Suit Number and the Year-The suit number and the year of institution of suit should be
given in a plaint to establish its identity easily. Suit number and year is to be written in this way-
For Example- Suit No.. of 2006.
(5) Facts-Facts are said to be an important part of the plaint. In fact, the whole of the claim and
relief depends on the facts. Facts means all those series of incidents by which cause of action
is created or suit has to be instituted.
Facts must be stated cautiously. Facts to be stated in concisely and clearly in the plaint. Law and
evidence is not to be stated along with the facts.
According to rule 6 and 7 of Civil Procedure Code, 1908, the facts must be given in this way
----------------That the defendant has taken loan of Rs. 30,000/- on 156.2005 for the purpose of
his trade and business and executed promissory note in his favour.
---------------That the interest rate @ 12 percent on the loaned amount would be payable on
demand.
That the plantiff has demanded Rupees from the defendant on 20.2.2006 but, he has refused to
pay the amount
(6) Cause of Action- After narrating complete story of the case or matter we give in one part
'cause of action. It is essential to be stated in the plaint ' cause of action' means the date on
which the necessity of filing a suit arose.
In Aziz Fatma Versus Munshi Khan' (A.I.R. 1980 All 277) it was held that it is the cause of
action on which the suit is instituted in the court. The same has been decided in the case Sardar
Balbir Singh Versus Atma Ram Srivastava, (A.l.R. 1977 All 211). cause of action is created
when the defendant has violated legal duties imposed on him.
Cause of action is to be stated in the plaint in this way—
"_______that the cause of action arose on date when the defendant has refused to pay the loan
amount to him."
(7) Jurisdiction-After the cause of action, the fact that the court has the jurisdiction to try the
present suit, should be described in the plaint. Mainly, the jurisdiction is of three types-
(a)PecuniaryJurisdiction;
(b)TerritorialJurisdiction;
©Jurisdiction over subject matter.
Generally, the pecuniary jurisdiction is fixed by law for every court. For example, in Rajasthan,
the court of civil judge (J.D.) has the jurisdiction to hear the matters up to the value of Rs.
25,000/-Similarly, the territorial jurisdiction is fixed on the basis of place of
residence, place of business of the defendant and the place of cause of action arose in the matter
etc. (Section 15-20 of Civil Procedure Code, 1908).
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There are some matters in which the special court has exclusive jurisdiction to hear the matter,
example, Matrimonial matters, proceedings in insolvency matters,
matters relating to probate etc. the District Judge has only the jurisdiction to hear. Keeping all
these things in mind, the Jurisdiction to be described in the plaint.
Jurisdiction can be made clear with the help of cases. In the matter of Dishonour of Cheque, the
court has the jurisdiction under which local limits the cheque was dishonoured. (Chanana Steel
Tubes Pvt. Ltd. Versus M/s. Jaitual Tubes Pvt. Ltd., A.LR., 2000, H.P.48).
Similarly, in the matters of Life Insurance Policy, for the recovery of insured amount, the case
should be instituted in the court in which local jurisdiction the insured person is died. Jurisdiction
should be described in the plaint in this way---
".....that the both Plaintiff and defendant resides in the local jurisdiction of the court in the place..
....and the cause of action has also arisen in the local jurisdiction of the court, hence the court has
the jurisdiction to hear the suit."
(8) Limitation-It is essential to present a plaint within the prescribed time period. Time barred
suits are not admissiable. Thus, it is to be stated in the plaint that the suit is presented within
the
limitation period. The provisions of limitation act. is applicable in this respect. This should
be described in the plaint in the following way---
"..... that the suit is presented within the prescribed time period."
(9).Valuation of Suit-The Plaintiff must distinctly and separately give in his plaint the valuation
of his claim for the purposes of court fees and of jurisdiction. The valuation of suit is directly
related with relief claimed. In the matters of money suit, the amount of money claimed in the suit
is the valuation of the suit, while in the matters of injunctions and declaratory suits, either the
valuation of suit is fixed by the law or it is determined by the Plaintiff.
The court fees is payable according to the valuation of plaint. Therefore, it is required to be
mentioned in the plaint, for example-
"........That the valuation of the suit for the purpose of jurisdiction and court fee is Rs.. and the
court fee Rs. ...is paid accordingly."
10. Relief-Relief is the summary of the plaint. The plaint is instituted for the purpose of relief.
The relief sought should be accurately worded and proper care to be taken while claiming relief.
In certain matters the consequential relief has to be demanded in the plaint.
There is no prescribed format to claim relief. It is essential to plead the relief in the plaint
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(Govind Pillai Madhav Kurup Versus Maithivan Pillai Padhamnath Pillai, A.I.R., 1990
N.O.C. 73 Ker).
It is also mentioned here that the court does not award more relief than claimed under the plaint
by the Plaintiff. (Rajendra Tiwari Versus Vasudev Prasad A.I.R. 2002 SC, 136).
Coloumn of relief should be written in this way- “...... hence, the Plaintiff prays that the decree to
be awarded in the favour of Plaintiff and the defendant must be ordered that-----
(a) The defendant should pay to the Plaintiff Rs.....
(b) The defendant should pay to the Plaintiff the interest@ 12% per annum from the date of
institution of suit to the date of payment of the money.
(c) The defendant should also pay to the Plaintiff the cost of the suit.
(d) Any other reliefs which the court may deem fit and proper be given to the Plaintiff.
(11) Verification-Verification is the last entry of the plaint. All those things described in the
plaint are believed to be true and correct by the Plaintiff in verification clause. Pleadings are
required to be stated under solemn declaration of correct facts while the false declaration of
statements are punishable under the law.
But, the suit is not rejected on the basis of any error in the verification, because this is the
irregularity which can be removed by the parties.
(Prasar Bharti Broadcasting Corporation of India versus Divya Jyoti Bose, A.I.R. 2000 Cal.
43).
The format of verification may be in this way-

".....I A S/o Shri B Aged 40 years, Resident of Lawa Sardar Sahar Verify the Para No. 1 to 10 of
the above plaint out of my own knowledge and belief and para no. 11 to 13 being of legal
nature, believed to be true upon the intormation received from my Counsel.
(12) Signature-Lastly the plaint 1S required to be signed with date by the Plaintiff. In order-6
rule -14 of C.P.C., 1908 it is mentioned that-
"Every pleading shall be signed by the party and his pleader Provided that where a party
pleading is, by reason of absence or for further good cause, unable to sign the pleading, it may be
signed by any person duly authorised by him to sign the same or to sue or defend on his behalf."
(13) Affidavit-According to latest amendments in the civil procedure Act., 1908, as per order 6,
every plaint should be supported with an affidavit. If it is not supported by an affidavit, then it
will be deemed that it is not presented in proper manner.
In Bhakti Hari Nayak Versus Vidhyawati Gupta, (A.L.R. 2005, Cal 145), the Kolkatta High
Court held that error in affridavit cannot be corrected on back date.
Thus, the above stated entries are required to be made in the plaint.
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Qs. Order VIII (Written Statement)
Ans. Introduction:-
First of all, we should know that what is written statement. Actually, it is a pleading of the defendant in the
answer of the plaint led by the plainti against him. It is a reply statement of the defendant in a suit specically
denying the allegations made against him by the plainti in his plaint. The provision regarding the written
statement has provided in the Code of Civil Procedure, 1908.
Meaning:
The expression “Written Statement” has not been dened in this code. It is a term of specic meaning
ordinarily signifying a reply to the plaint led by the plainti. In other words, it is the pleading of the defendant
wherein he deals with the material fact alleged by the plainti in his plaint and also states any new fact in his
favour or takes legal objections against the claim of the plainti.
Who may file written statement:-
A written statement may be filed by the defendant or by his duly authorized agent. In the case of more than
one defendants, the common written statement led by them must be signed by all of them. But it is sucient if
it is veried by one of them who is aware of the facts of the case and is in a position to le an adavit. But a
written statement led by one defendant does not bind other defendants.
Time limit for ling written statement:-
A written statement should be led within thirty days from the service of the summons on him. The said
period, however, can be extended up to ninety days,(Rule -1). A defendant should present a written statement
of his defence in the said period.
Defences in written statement:
In written statement defendant can specically deny the allegations made in the plaint by the plainti against
him. Besides this, he also can claim to set-o any sums of money payable by the plainti to him as a counter
defence (Order 8 Rule 6). Further, if the defendant has any claim against the plainti relating to any matter in
the issue raised in the plaint, then he can separately le a counter-claim along with his written statement. It is
provided in Order 8 Rule 6A to 6G of the code.
Particulars: Rules 1-5 and 7-10
Drafting a written statement is an art so it should be drafted carefully and artistically. Before proceeding to
draft a written statement it is absolutely necessary for the defendant to examine the plaint carefully.
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Special rules of defence:-
Rules 2 to 5 and 7 to 10 deal with special points regarding the ling of a written statement;
1. New facts, such as the suit is not maintainable, or that the transaction is either void or voidable in law, and
all such grounds of defence as, if not raised, would take the plainti by surprise, or would raise issues of fact
not arising out of the plaint, such as fraud, limitation, release, payment, performance or facts showing
illegality, etc. must be raised. (Order 8 Rule 2).
2. The denial must be specie. It is not sucient for a defendant in his written statement to deny generally the
grounds alleged by the plainti, but he must deal specially with each allegation of fact which he does not
admit, except damages.
3. The denial should not be vague or evasive. Where a defendant wants to deny any allegation of fact in the
plaint, he must do so clearly, specially and explicitly and not evasively or generally.
4. Where every allegation of fact in the plaint, if not denied specically or by necessary implication, or stated
to be not admitted except as against a person under disability. The court may, however, require proof of any
such fact otherwise than by such admission.
5. Where the defendant relies upon several distinct grounds of defence or set-o or counterclaim founded upon
separate and distinct facts, they should be stated separately and distinctly.
6. Any new ground of defense which has arisen after the institution of the suit is a presentation of a written
statement claiming a set-o or counterclaim may be raised by the defendant or plainti in his written statement
as the case may be.
7. If the defendant fails to present his written statement within the time permitted or relaxed by the court, the
court will pronounce the judgment against him or pass such order in relation to the suit as it thinks t and a
decree will be drawn up according to the said judgment.
8. No pleading after the written statement of the defendant other than by way of defense to set-or
counterclaim can be led.
Different forms of Suits:
Draft a plaint and written statement for the recovery of money?

Ans. Plaint for the recovery of money-
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In the court of District Judge

Balotra (Rajasthan)
Suit No..----
‘A’ S/o B', Aged 61 years, Resident of Balotra, (Rajasthan). Plaintiff
Versus
'C’ S/o 'D Aged 46 years, Resident of Balotra, (Rajasthan)…..
Defendant.
Suit for Recovery of Money
sir,
The above named Plaintiff states as follows-
(1) That the Plaintiff is the resident of Balotra and carrying out the business of cloth merchant
and money transaction.
(2) That the defendant is also resident of Balotra and carrying out the business of Kirana.
(3) That the defendant was in need of money for his business he demanded Rs. 70,000/- on loan
from the Plaintiff, and the Plaintiff has agreed to pay the amount.
(4) That the defendant has executed a pro-note after receiving Rs. 70,000/- on date.....
(5)That the 12% rate of interest has been fixed to be payable on the above loan amount.
(6) That, the defendant has promised to pay on demand alongwith interest.
(7) That the Plaintiff has demanded the loan amount alongwith interest from the defendant on
date... Then, the defendant has agreed to pay on date... The Plaintiff has again demanded, but the
defendant has told not to ask again and again for the payment.
(8) That from the behaviour and reply of the defendant it seems that he does not want to pay the
amount.
(9) That the cause of action, arose on date .... when the defendant was asked to repay the amount
with interest and further on date .. when the defendant has refused to repay the said amount.
(10) That the plaint is filed within the period of limitation.
(11) That the valuation of the suit is Rs. 84,000/- that is principal is Rs. 70,000/- and interest
there upon is Rs. 14,000/- The court fee on such amount has. been paid.
(12) that both the Plaintiff and defendant resides in Balotra and whole of the transaction took
place in Balotra, hence the court has the jurisdiction.
(13) That the Plaintiff has the right to receive Rs. 70,000/- as principal amount and Rs. 14,000/-
as interest upon this amount, to talling Rs. 84,000/- from the defendant.
(14) The Plaintiff, therefore, prays for the following reliefs-
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(a) a decree of Rs. 84,000/- be passed against the defendant and in favour of the Plaintiff.
(b) the interest of the rate of 12% per annum from the date of institution of suit to the date of
payment, be payable to the Plaintiff.
(c) The cost of the suit be awarded to the Plaintiff against the defendant.
(d) any other reliefs which the court may deem fit and proper be given to the Plaintiff.
Place: Balotra Signature (Plaintif)

Date…….. Signature (Advocate)
Verification
I ‘A' S/o Sh. 'B' Aged 61 years, Resident of Balotra, hereby verify that the contents of paragraph
1 to 14 of this plaint are true to my personal knowledge and belief and opinion given by my
counsel.
Place: Balotra Signature (Plaintiff)
date: ……….. Signature (Advocate)
Written Statement
In the Court of District Judge, Balotra (Raj.)
Suit No.-----------------
A' S/o 'B', Aged 61 years, Resident of Balotra (Raj.)--- (Plaintiff.)
‘C’ S/o D aged 46 years, Resident of Balotra (Raj.)
-Defendant.
Suit for recovery of Money Rs. 84,000/-
The written statement on behalf of the defendant is as follows-

(1) That the contents of para 1 of the plaint are admitted,
(2) That the contents of para 2 of the plaint are admitted,
(3) That the contents of para 3 of the pliant are denied for being false. The defendant was not in
need of such amount on such date and demanded Rs. 70,000/- form the plaintiff.
(4) That the contents of para 4 of the plaint are denied. The defendant has neither received Rs.
70,000/- as a loan and nor executed any pronote in favour of plaintiff.
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(5) That the contents of para 5 are denied. When the defendant has not taken any loan from the
plaintiff, the question of fixing rate of interest does not arise.
(6) That the contents of para 6 are denied being false. When the defendant has not taken loan, the
question of repayment does not arise.
(7) That the contents of para 7 are denied.
(8) That the contents of para 8 of the plaint are denied. The plaintiff has instituted suit against the
defendant at his own risk, hence the defendant cannot be made liable.
(9) That the contents of para 9 are denied. The no cause of action has created infavour of the
plaintiff.
(10) That the contents of para 10 need no replay being legal.
(11) That the contents of para 11 of the plaint need no replay.
(12) That the contents of para 12 need no reply.
(13) That the contents of para 13 of this plaint are denied, being wholly false.
(14) That the contents of para 14 are denied. Plaintiff has no right to receive any amount from
the defendant.
Additional Pleas
(1) That the plaintiff carry out the business of money transaction, but he has no licence for money lending or
money lenders. Hence, the suit is liable to be dismissed.
(2) That the promissory note filed alongwith the plaint is false and the false signature of the defendant was
made upon it.
(3) That, infact the defendant is carrying out the business of Kirana and the Plaintiff boughts all the goods
from the defendant. The defendant owes Rs. 30,000/- towards the goods from the Plaintiff. The Plaintiff
has filed a false suit to escape from this amount. The defendant is about to file a separate suit for the
recovery of Rs. 30,000/-
Hence, the defendant requests that the suit of the Plaintiff is liable to be dismissed with special cost to the
defendant.
Place: Balotra Signature (Defendant)
Date;-------------- Signature (Advocate)
Verification
I ‘C’ S/o Sh. ‘D’ Aged 46 years, Resident of Balotra, hereby verify that the contents of paras I to 14 of the
written statement are true to my personal knowledge and belief and the opinion rendered
by my counsel.
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Place: Balotra Signature (Defendant)
Date: ……………. . Signature (Advocate)
Qs: Draft a plaint and written statement for eviction from premises?
Ans. Plaint
In the Court of Civil Judge (Jr. Div.)
Baran (Rajasthan).
‘A' S/o B' Aged 30 years, Resident of Baran, (Raj.) -Plaintiff
Versus
‘C’ S/o Sh. ‘'’D Aged 41 years, Resident of Baran (Raj)

-Defendant
Suit No--------------. of 2006

Suit for eviction from premises
(1) That the Plaintiff resides in Baran city and has a House in Mohalla-----,which consists there
rooms, one kitchen, latrine-bathroom and varandah.
(2) That the defendant is the resident of Ahemdabad, but carries on his trade Business in Baran.
(3) That the defendant was in need of house, therefore he contacted Plaintiff and proposed to
take the disputed house on rent. The Plaintiff agreed for that.
(4) That the defendant has executed the rent deed in favour of the Plaintiff on for taking the
disputed house on rent. The rent was fixed to Rs. 1000/- per month.
(5) That the defendant resided in the house for 3 years peacefully, but from last one year, he
started breach of terms and conditions of the rent deed.
(6) That the defendant, without the consent and permission of the Plaintiff, has constructed a
room after demolishing the varandah.
(7) That, the defendant has sub-letted the above said room to the prostitute by which nuisance is
created in the premises day and night.
15
(8) That the Plaintiff has three sons and two daughters in his family. Two sons have just married,
therefore two separate rooms are needed for then. The present house is not sufficient for that.
(9) That, the defendant has constructed his own house in East Baran City before Six Months
which is vacant and can be utilised by the defendant.
(10) That, therefore, the Plaintiff has the right to evict defendant from the disputed premises.
(11) That, if the premises is not vacated, the Plaintiff will suffer a great difficulty.
(12) That, the disputed house is situated in Baran city, hence the court has the jurisdiction to
hear the case.
(13) That the valuation of the suit is Rs.-----------,therefore the court fee Rs.------------, is paid.
(14) That the cause of action arose on-------------when the defendant has refused to vacate the
house.
(15) The Plaintiff, therefore, prays for the following relief-
(a) that the defendant should be ordered to vacate the house and the possession of the said
house be delivered to the Plaintiff,
(b) that the defendant should be ordered to pay Rs. 1000/- per
month as a penalty from the date of institution of suit to the delivery of possession;
(c) the cost of the suit be ordered in favours of the Plaintiff,
(d) any other and further relief as the court may deem fit and proper be awarded in favour of
the Plaintiff.
(e) Place: Baran (Rajasthan) Signature (Plaintiff)
Date:---------------
Verification
I ‘A' S/o ‘B’, Aged 30 years, Resident of Baran hereby verify that the contents of paras 1 to
14 of this plaint are true to my personal knowledge and belief and opinion rendered by my
counsel.
Place: Baran Signature (Plaintiff
Date: Signature (Advocate)
Written Statement
In the Court of Civil Judge (J.D.), Baran (Raj.)
‘A' S/o B' Aged 30 years, Resident or Baran, Rajasthan
- Plaintiff
16
Versus
‘C' S/o Aged 41 years, Resident of Baran, Rajasthan

- Defendant.
Suit No…………of 2006
Suit for eviction from premises
Written statement on behalf of defendant is as follows
(1) That the contents of para no. 1 of the plaint are admitted.
(2) That the contents of para 2 are admitted.
(5) That the contents of para 5 are partially admitted. This is not admitted that the defendant has
started violating the terms of the rent deed from last one year. The defendant has not violated the
terms of the rent deed.
(6) That the contents of para 6 are denied. Neither the defendant has demolished the premise, nor
constructed any room.
(7) That the contents of para 7 are totally denied. The defendant has not sub-letted any room to
any prostitute
(8) That the contents of para 8 are denied. The Plaintiff is not in need of this premise. The
Plaintiff has one more house which is vacant and the family members of the Plaintiff
can reside there.

(9) That the contents of para 9 are denied. In fact the house is not of Plaintiff, but belongs to his
brother
(10) That the contents of para 10 are denied. The Plaintiff has no right to get the premises
vacated from the defendant.
(11) That the contents of para 11 are denied. The defendant will face more comparative hardship
than the Plaintiff, in case the premises get vacated.
(12) That the contents of para 12 need no reply, being legal.
(13) That the contents of para 14 are denied. No cause of action arose in favour of the Plaintiff.
Additional Pleas
17
That the Plaintiff, actually wants to get this premises vacated from the defendant and give on
higher rent to other person. The Plaintiff is neither in reasonable and bona fide need of this
premises nor the defendant has violated any terms of the rent deed. Hence, the suit of the
Plaintiff is liable to be dismissed with costs.
Place: Baran Signature (Defendant)
Date:------------- Signature (Advocate)
Verification
I 'C' S/o ‘D’ Aged 41 years, resident of Baran, hereby verify that the contents of para 1 to 14 and
additional pleas of this written statement are true to my personal knowledge and belief and
opinion rendered by my counsel.
Place: Baran Signature (Defendant)
Date:--------- Signature (Advocate)
Suit for specific performance of contract-

In the court of Additional District Judge,
Chittorgarh (Rajasthan).
‘A’ S/o ‘B’, Aged 39 years, Resident of Chittorgarh (Raj.
----Plaintiff
Versus
‘C’ S/o "D' Aged 30 years, Resident of Chittorgarh (Raj)

-----Defendant.
Suit No.----------------of 2006
Suit for specific performance of contract
(1) That both Plaintiff and defendant are resident of Chittorgarh and relatives each other.
(2) That the defendant has a plot 60' x 40' in Kumbha Nagar Chittorgarh.
(3) That the defendant had proposed to sell his above plot to the Plaintiff for want of money,
which was accepted by the plaintiff..
18
(4) That the Plaintiff has agreed to purchase that plot in Rs. 1,50,000/- for which the defendant
had agreed.
(5) That the agreement of sale was executed on between Plaintiff and the defendant.
(6) That the Plaintiff has paid Rs. 20,000/- in advance and agreed to pay remaining Rs.
1,30,000/- as and when sale deed is executed and at the time of registration of the deed.
(7) That the sale deed was to be executed on and both the parties has also agreed that they should
be present in the registrar office for the registration of sale deed.
(8) That the Plaintiff was present on the date fixed by them in the registrar office but the
defendant remained absent.
(9) That the Plaintiff has asked the reason of not being present on that date, the defendant has not
replied. The Plaintiff has again asked to the defendant to execute a sale deed, but the
defendant has refused to execute and register the sale deed.
(10) That, the Plaintiff has always been and is still prepared and ready to perform the contract,
but the defendant was neither ready to perform the contract nor is ready to perform today.
(11) That the Plaintiff has the right of specific performance of the contract.
(12) That the Plaintiff will suffer irreparable damages in case of non-performance of contract.
(13) That the cause of action arose on when the defendant has refused to execute the sale
deed.
(14) That the plaint is presented within the time prescribed.
(15) That, both the parties resides in Chittorgarh and the plot is situated in Chittorgarh, hence
the court has the jurisdiction to hear the suit.
(16) That the valuation of the suit for the purposes of jurisdiction and court fee is Rs…………
Hence, the decree of specific performance of contract be passed in favour of Plaintiff and against
to the defendant and the defendant be ordered to-
a) execute and register the sale deed of the plot.
b) handover the possession of the plot to the Plaintiff.
c) pay to the Plaintiff the cost of the suit.
d) Any such other relief as the court may deem fit and proper be awarded in favour of the
Plaintiff.
Place: Chittorgarh Signature (Plaintiff)

Date:----------------
Verification
I 'A’ S/o ‘B’ Aged 39 years, resident of Chittorgarh hereby verify that the contents 1 to 12 of this
plaint are true to my personal knowledge and belief and contents 13 to 16 are believed to be true
as per the opinion rendered by my counsel.
Place: Chittorgarh Signature (Plaintiff)
19
Date:---------------- Signature (Advocate)
Suit for recovery of Damages for malicious prosecution

In the court of Civil Judge, (Sr. Div.)
Jaisalmer (Raj.)
‘A’ S/o ‘B' Aged 28 years, Resident of Jaisalmer (Raj.)
-Plaintiff
Versus
‘C' S/o ‘D' aged 36 years, resident of Jaisalmer (Raj.)

Defended
Civil Suit No---------- of 2007..
Suit for recovery of damages for malicious prosecution

(1)That both Plaintiff and defendant resides at Jaisalmer and carries on the business of cloth.
(2)That on 1st October, 2006, the defendant lodged a report with the police station, Jaisalmer
with the allegation that the Plaintiff attempted to murder the defendant with pistol on
the night of September, 30, 2006.
(3)That on account of the report lodged by the defendant an arrest warrant was issued for the
arrest of the Plaintiff Consequently, the Plaintiff was arrested and kept in jail for three days and
then was released on bail.
(4)That on the allegation made by the defendant in his FIR, the Plaintiff was prosecuted by the
Magistrate, Jaisalmer and no charge was established, hence he was acquitted on
30th October, 2006.
(5)That the defendant had maliciously lodged the report against the Plaintiff. The report was
without any reasonable cause. It was filed because of malicious intention of the defendant.
(6)That on account of said prosecution the Plaintiff has suffered a great physical and mental
irreparable loss and been greatly lowered in the estimation of the society and also spent a lot of
money in defending himself in the said prosecution.
20
(7)That the Plaintiff claims Rs. 50,000/- as damages detailed at foot of the plaint from the
defendant.
(8)That the cause of action arose on 1st October, 2006 when the report was lodged by the
defendant and further on 30th October, 2006 when the Plaintiff was acquitted by the Magistrate.
(9)That the Plaintiff was prosecuted at Jaisalmer and the defendant also resides at Jaisalmer,
hence this court has jurisdiction to try the present suit.\
(10)That the valuation of the suit for the purpose of jurisdiction and court fee is Rs. 50,000/- and
the court fee is paid accordingly.
(11)The Plaintiff prays for the following reliefs
(a) A decree of Rs. 50,000/- may be passed in favour of the Plaintiff and against the defendant.
The details of damages are as of follows-
i) Loss of business during arrest =25,000/
ii)Expenditures in the court during Trial =1,500/-
iii)Fee paid to advocate = 1,500/-
iv)Misc. Expenditure =12,000/-
v)Mental and physical pain suffered = 10,000/
Total= 50,000/-
(b) Any other and further relief which the court may deem fit and proper be awarded to the
Plaintiff.
Place: Jaisalmer Signature
Date:--------------
Verification
I ‘A’ S/o 'B’ Aged 28 years Resident of Jaisalmer, hereby verify that the contents of paras 1 to
11 are True to my personal knowledge. I have signed this plaint and verification clause
on--------------------------- at civil court compound, Jaisalmer.
Place: Jaisalmer Signature (Plaintiff
date:---------------
21
Signature (Advocate)
Interpleader Suit
In the court of Addl. District Judge, Merta (Raj.)
‘A' S/o ‘B' Aged 43 years, Resident of Merta (Raj.)
-Plaintiff
Versus
(1) ‘C’ S/o 'D' Aged 57 years, Resident of Merta (Raj.)

(2) ‘E' S/o "F aged 52 years, resident of Merta (Raj.)
(3) ‘G' S/o 'H' aged 45 years, resident of Merta (Raj.)
-Defendants
Civil Suit No……………. of 2007.

Suit of Interpleader
(1) That the Plaintiff and defendants resides at Merta City, and relatives and friends with each
other.
(2) That the defendant No. 3 has kept some jewellary and valuable clothes in the custody of the
Plaintiff and said, he will take it back after sometime.
(3) That the Plaintiff has kept the above said jewellery and clothes under safe custody.
(4) That the defendant No. I and 2 came to the Plaintiff on and asked to return the said jeweller
and clothes to them.
(5) That the Plaintiff do not know, who is real owner and has
the right to get this jewellery and clothes.
(6) That the defendant No. 1 has claimed the said items under the direction of defendant No. 3
and defendant No. 2 under the orders of the defendant No. 3.
(7) That the Plaintiff has got no claim on the said items except the charges and costs.
(8) That the Plaintiff is ready to deliver the said items to such
person as the court directs.
(9) That the Plaintiff is not in collusion with any of the defendants.
(10) That the court has the jurisdiction to hear the suit in respect of limitation, jurisdiction,
court fee and the cause of action.
22
Hence, the Plaintiff prays for the following relief-

(a) That the defendants be restrained by injunction for taking any proceeding against the
Plaintiff.
(b) That the defendants be required to interplead together concerning their claim on the items.
(c) That the person be authorised to received the said items till the decision of the court.
(d) That upon the delivery of the same to such person, the Plaintiff be discharged from all
liabilities of the defendants.
(e) That, the cost of suit, charges and expenditures be awarded to the Plaintiff from the
defendants.
Place: Merta City Signature (Plaintiff)
Date:-----------------
Verification
I 'A' S/o 'B' Aged 43 years, resident of Merta, hereby verify that the contents of paras I to 10 are
true to my personnel knowledge and belief and opinion rendered by counsel.
Place: Merta City Signature (Plaintiff)
Date:----------------
(2) Counter-Claim
In the court of Civil Judge, (Sr. Div.), Hanumangarh (Raj.)
‘A’ S/o ‘B’ aged 40 years, resident of Hanumangarh (Raj.)
-Plaintiff
C' S/o D' aged 37 years, resident of Hanumangarh (Raj.)
-Defendant
Civil Suit No. ------ of 2007.:

23
Written Statement and Counter Claim of the Suit of the Plaintiff
The defendant submits his written statement and counter-claim of the suit of the Plaintiff as follows
(1)That the contents of para l are admitted.
(2)That the contents of para 2 are admitted.
(3)That the contents of para 3 are denied. Neither the defendant was in need of money, nor he has demanded
Rs. 30,000/- on loan from the Plaintiff.
(4)That the contents of para 4 are denied. The defendant has neither accepted Rs. 30,000/- as a loan, nor he
has executed promissory note in favour of Plaintiff.
(5)That the contents of para 5 are denied. When the defendant has not received the loan, the question of
determining rate of interest does not arise.
(6)That the contents of para 6 are denied. When the defendant has not received any amount, the question of
its payment does not arise.
(7)That the contents of para 7 are denied.
(8)That the contents of para 8 are denied. The Plaintiff has instituted the suit at his own risk, the defendant is
not liable for that.
(9)That the contents of para 9 are denied. No cause of action is created infavour of the Plaintiff.
(10)That the contents of para 10 need no reply.
(13)That the contents of para 13 are false, hence not acceptable. The Plaintiff has no right to receive any
amount from the defendant.
Special Pleas-
The counter claim and special pleas on the behalf of the defendant as follows-
24
(1)That the Plaintiff carries on the business of money transaction, but he do not have the licence of money
lending. Hence, the suit is prima facie liable to be dismissed.
(2)That the promissory note submitted along with the plaint is forge and false. The defendant has made
forgery signature on it.
(3)That the defendant infact carries on the business of Kirana and the Plaintiff used to purchase the goods
from there. The Plaintiff owes to defendant Rs. 27,000/- as dues against goods. The Plaintiff has instituted
this suit to escape from that amount.
(4)That the defendant files this counter claim for the recovery of Rs. 27,000/- from the Plaintiff.
(5)That the valuation of this counter claim is Rs. 27,000/- hence, the counter claim is submitted on Rs.-
as the court fees.
(6)That the court has the jurisdiction to hear this counter claim.
Hence, the defendant prays for the following relief-
(a)The suit of Plaintiff be dismissed with cost.
(b)The decree of counter claim Rs. 27000/- may be passed in favour of defendant.
(c)That the rate of interest 12 percentage be ordered to paid from the date of institution of counter claim to
the payment of money.
(d)Any other relief as the court may deem fit to be paid to the defendant.
Place: Hanumangarh Signature (Defendant
Date:--------- Signature (Advocate)
Verification
I ‘C' S/o ‘D' aged 37 years, Resident of Hanumangarh hereby verify that the column No. 1 to 13 of this
written statement and counter claim, and column No. 1 to 5 of special pleas are true to the best of my
knowledge and belief
25
Place: Signature (Defendant)
Date:- Signature (Advocate)
Application for grant of a temporary injunction-
In the court of Civil Judge, (J.D.), Karauli (Raj.)
‘A’ S/o ‘B', aged 5 years, Resident of Karauli (Raj)
-Applicant(Plaintiff)
Versus
‘C' S/o ‘D' aged 47 years, resident of Karauli (Raj.) - Non- applicant (Defendant)
Application Under O-39 Rule 1 and 2 for grant of Temporary Injunction-
The above named applicant states as follows-
(1)That both Plaintiff and defendant resides at Karauli city and neighbours with each other.
(2)That the Plaintiff and defendant have purchased jointly a piece of land 40' x 60' before two years.
Afterwards, it was divided into two parts. Both Plaintiff and defendant are in possession on their respective
plot No. 45 and 46.
(3)That the defendant has started construction on Plot No. 46 before few days, that time the Plaintiff was
away from Kaurali.
(4)That, when the Plaintiff returned back he came to know that the defendant has taken the possession on 1
feet land of plot no. 45 and started construction on that. The Plaintiff asked to defendant not to do this work
then he started fighting.
(5)That on this, the Plaintiff has instituted a suit of perpetual injunction against the defendant in this court
which is pending.
(6)That the court will take sometime for hearing and disposal of this suit whereas, the defendant is to be
prevented immediately to construct on the land of the Plaintiff without delay.
26
(7)That the Plaintiff is the owner of the plot no. 45. The defendant has no right of construction on the plot of
the Plaintiff, hence it is clearly a prima facie case of a Plaintiff.
(8)That the Plaintiff will suffer irreparable loss in case the defendant is not prevented from construction.
(9)That the balance of convenience is also in favour of the Plaintiff.
Hence, the Plaintiff prays that the temporary injunction may be granted by which the defendant should be
prevented to construct on the plot no. 45 himself or by any other person till the disposal of the suit.
Place: Karauli Signature (Plaintiff)
Date:----------- Signature (Advocate)
Affidavit
I ‘A' S/o 'B’, aged 55 years, resident of Karauli do hereby swear/solemnly affirm as follows-
(a)That the column No. 1 to 9 of the suit of temporary injunction submitted by the Plaintiff are true.
(b)That the Plaintiff is the absolute owner of plot no. 45 and the defendant has no right of construction on it.
(c)That the Plaintiff may suffer irreparable loss due to construction by the defendant.
(d)That the Plaintiff has instituted a suit for perpetual injunction against the defendant, in which there are full
chances of winning of the Plaintiff.
(e)That the defendant has already started construction work on the Plot, if he is not prevented through
temporary injunction, he will immediately complete the construction work.
Place: Karauli Signature-Deponent (Plaintiff)
Date:-
Verification
I 'A' S/o ‘B' aged 55 years, resident of Kaurali, hereby verify that the column No. (a) to (e) of this affidavit
are true to my personal knowledge and belief and nothing has been hidden in this affidavit.
27
Place: Karauli Signature (Deponent)

Date:-------
Unit-II
Qs. Execution Petition
The word ‘execution’ means implementation or enforcement of the order or judgment or order
passed by the competent Court. A Decree means conclusiveness, or an operation of a judgment
and the execution of a Decree is complete when the decree-holder gets satisfied as to its
enforcement against the judgment-debtor i.e. receiving of the awarded amount or property.
It is the way by which a decree-holder compels the judgment-debtor to carry out the mandate of
the Decree. To take the benefit of a decree, execution proceedings – an Application under Order
XXI of the Code of Civil Procedure, 1908 (CPC) must be filed before the appropriate
court/authority within 12 years from the date of Decree.
The general rule as laid down under Section 38 of CPC is that the Decree may be executed either
by the court which passed it or by the court to which it is sent for execution. Once the Decree is
obtained, depending on the nature of the case, the Decree-holder can choose its mode of
execution of the Decree under Section 51 – 54 of the CPC.
Execution
The term “Execution” is not defined in the Code of Civil Procedure. It basically means the
process for enforcing the decree that is passed in favour of the decree-holder by a competent
court.
As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court
for the execution of any decree or order.
As per Rule 2(f) Civil Rules of practice “Execution Application:” means an application to the
Court made in a pending execution petition and includes an application for transfer of a decree.
Format
BEFORE THE HONOURABLE CONSUMER FORUM-I FOR REDRESSAL OF CONSUMER

DISPUTES AT VISAKHAPATNAM
P.P. /2007 IN C.D.No.683/2005

28
Between: ,
…… Petitioner/Complainant
And .
….Respondents/Opposite Parties
EXECUTION PETITION FILED UNDER ORDER 21 RULE 66 OF CIVIL PROCEDURE

CODE BY THE AWARD HOLDER
1) Award Number/ Consumer Dispute No.683/2005 on the Name of Court: file of the District
Consumer Forum-I at Visakhapatnam.
2) Petitioner/D.Hr:
3) Respondents/:
4) Date of Award: 22-02-2007 at Visakhapatnam
5) Whether appeal preferredfrom Award : NO
6) Previous application if any with date & result : NO
7) Payment or adjustment if any : NO
8) Whether Award transferred or not : NO
9) Amount with interest due upon the decree or other relief Rs. Ps. granted thereby together with
particulars of any cross decree Awarded amount 43,172-50 Compensation 3,000-00 10th column
cost 1,503-00 ---------------------- Total amount Rs. 47,675-50 ----------------------
10) Amount of Costs if any awarded : Costs awarded in the Decree : 1,000-00 Stamp on
Vakalat : 2- 00 Stamp on E.P : 1-00 Fees in E.P : 500-00 ---------------- Total 1,503-00
11) Against whom to be executed : Against the 2nd J.Dr.
12) Mode in which the assistance of the Court is required : under section 27 of Consumer
Protection Act the D.Hr prays the Honourable Consumer Forum to issue arrest notice to
Divisional Manager, D.O.4., Posnett Bhavan, 2nd Floor, P.O.Box No.144, Tilak Nagar, Ramkoti,
Hyderabad i.e. Authorised Representative of O.P-2 and subsequently to issue arrest warrant
29
under section 27 of the Consumer Protection Act to the J.Dr-2 or otherwise the ordered amount
cannot be realised.
ADVOCATE FOR COMPLAINANT
COMPLAINANT DECREE-HOLDER DECREE
HOLDER VERIFICATION I, the Decree Holder in the above petition do hereby declare and
state that the facts stated above are true to the best of my knowledge, belief and information.
Visakhapatnam
COMPLAINANT
Dt: DECREE HOLDER
Petition for dissolution of Marriage-
What is section 13 of Hindu Marriage Act 1955?
What is ground for divorce?
Format
In the Court of District Judge, Dungarpur (Rajasthan)
‘A’ W/o ‘B', aged 35 years, resident of Dungarpur (Raj.)
Petitioner
Versus
‘B’ S/o ‘C’, aged 40 years, resident of Dungarpur, Rajasthan
- Respondent
Petition for dissolution of Marriage under Section-13 of Hindu Marriage, Act, 1955.
The above named petitioner states as follows-

30
(1) That the petitioner was married to the respondent on date as per the customs and rites of the Hindu. The
petitioner is the legally wedded wife of the respondent.
(2) That the petitioner and the respondent lived together as the husband and wife for five years after
marriage.
(3) That the behaviour of the respondent has become cruel towards the petitioner from last two years.
(4) That the respondent is not cohabiting with the petitioner since last one year. The petitioner is totally
neglected by the respondent.
(5) That the behaviour of cruelty by the respondent shows from the following facts-
(a) That no child was born from the petitioner, hence, the respondent scoulds again and again to the
petitioner,
(b) The responds had complained for the less dowry, He compels to the petitioner to bring from her father a
scooter, colour T.V., Rs. 50,000/- as cash.
(c) the conduct of the respondent is not good, he has established illegal relations with another woman, the
petitioner objects for that then the respondent behaves with cruelty.
(6) That the relative of the respondent has also tried their level best to change the behaviour but, he is not
ready to improve his conduct.
(7) That the petitioner is unable to reside with the respondent in these circumstances.
(8) That the petitioner has the right to dissolve the marriage on the ground of above reasons and cruelty.
(9) That there is no collusion between the petitioner and respondent.
(10) That both the petitioner and respondent resides at Dungarpur and Marriage was performed at
Dungarpur, hence, the court has the jurisdiction to hear the petition.
(11) That the petition is presented on Court fee.
Therefore the petitioner, Pray that the petition of the petitioner be admitted and the decree in favour of the
petitioner and against the respondent be passed for the dissolution of marriage.
31
Place: Dungarpur Signature (Petitioner)
Date:
Verification
I 'A’ Wo ‘B’ aged 35 years, resident of Dungarpur hereby verify that the contents of para 1 to 9 true to my
personal knowledge and contents 10 to 11 are believed to be true as per the opinion rendered by my counsel.
Place: Dungarpur Signature (Petitioners)
Date:----------------
(2) Petition for the restitution of Conjugal rights-
What is Restitution of Conjugal Right under Hindu Marriage act 1955?
Format
In the Court of District Magistrate, Jaipur
‘A’ S/o ‘B’, aged 30 years, resident of Jaipur (Raj.)
-Petitioner
Versus
‘C’ W/o 'A', aged 25 years, resident of Jaipur (Raj.)
- Respondent
The petitioner above named states as follows-
(1) That the petitioner and respondent were married on date---------
(2) That after marriage the respondent lived with the petitioner alongwith joint family, near about one year
very happily and peacefully.
(3) That after one year, on----------- a child was born.
(4) That on ---------a family friend Mr. ‘D’ came to our house and started to live with us.
32
(5) That after about one month the petitioner went to England for his business purpose. After two months
when he returned from England the father of the petitioner informed that there was very much intimacy
between Mr. 'D' and the respondent.
(6) That the petitioner asked the wife to explain, the incident but she replied nothing and on other hand,
without informing the petitioner, on the respondent went to her parents.
(7) Thereafter the petitioner wrote general letters to the respondent to return to the house, but she did not
reply even a single letter.
(8) That, on---------the petitioner went to the respondent s parents for taking the respondent to his own house
but she refused to return.
(9) That the cause of action arose on----------- when the respondent went to her parents and further on
-----------when the petitioner went to the respondent’s parent's house for taking he:, but she refused, hence
this is the suit.
(10) That the parties reside within the local limits of the jurisdiction of the court, hence the court has the
jurisdiction to try the present suit.
(11) That the sufficient court fee is being paid.
Therefore, the petitioner claims the following relief-
(a) a decree for the restitution of conjugal rights be passed in favour of the petitioner against the respondent
directing her to come to the petitioner's house and resume her conjugal relations with the petitioner.
(b) cost of the suit be awarded to the petitioner.
(c) Any other relief as the court may think fit be awarded to the petitioner.
Place: Jaipur Signature (Petitioner)
Date:
Verification
I ‘A' S/o ‘B' do hereby verify that the contents of Para 1 to 11 of this petition are true to my personal
knowledge. I have signed this petition and verification clause on--------- within the compound
of this court, at Jaipur.
33

Date:-----------
Qs:. Draft a Habeas Corpus' & Mandamus' Writ Petitions?
Writ of Habeas Corpus-
What is Habeas Corpus?
Format
In the High Court of Judicature, Rajasthan, Jaipur Bench.
‘A’ S/o ‘B', aged 47 years, resident of Sikar, Rajasthan
-Petitioner
Versus
(1) State of Rajasthan,
(2) Chief Secretary, Govt. of Rajasthan,
(3) District Magistrate, Sikar
(4) S.H.O., Police station, Sikar
- Respondents
Petition No.----------of 2007.
Habeas Corpus petition under Article-226 of Constitution.
(1) That the petitioner is the resident of Sikar and a poor person.
(2) That the petitioner has a son named as Mr. ‘C’ of the age of 18 years who carries on labour alongwith the
petitioner. He is a very simple person.
34
(3) That, on date-------- one constable of police station, Sikar came to the petitioner's house and has taken
with him the son of the petitioner to the police station.
(4) That on this the petitioner went to police station and asked about his son 'C'. S.H.O., police station has
refused to tell anything about ‘C’ and the "C' was not available at police station.
(5) That, the Mr. ‘C’ was taken up by the policeman four days ago, but till today-
(a) Where abouts of ‘C' is not known;
(b) the reasons of his arrest are not informed,
(c) he is not produced before the Magistrate.
(6) That, it is clear that the police officer respondent no. 4 has hidden the son of the petitioner somewhere.
(7) That the petitioner and his family members are worried too much for Mr. 'C'.
(8) That the policeman and S.H.O., police station has no right to arrest and confine Mr. ‘C’ unlawfully.
(9) That there is no alternate remedy available to get free Mr. ‘C’ from police custody except by way of this
writ,
(10) That no legal proceedings of any type has been initiated in any court except this writ
(11) That the respondent No.4 being the resident of Sikar, the hon'ble court has the jurisdiction to hear this
writ.
(12) That the writ is presented on court fee Rs.----------
Hence, the petitioner prays that the writ may be issued for the immediate release of his son C' from the police
custody.

Date:-------- Signature (Advocate)
Writ of Mandamus-
What is Writ Mandamus?
Format?
35
In the High Court of Judicature, Rajasthan, Jodhpur.
‘A’ S/o ‘B' aged 35 years, Chairman, Public Security Committee, Pali (Raj.)
-Petitioner
Versus
(1) State of Rajasthan
(2) Chief Secretary, Govt. of Rajasthan
(3) District Magistrate, Pali
(4) Nagar Parishad, Pali- Respondents
Petition No. -----------of 2007.
Writ of Mandamus under Article-226 of the Constitution
(1) That the petitioner is the resident of Pali and the Chairman of Public Security Committee, Pali.
(2) That one of work of the Public Security Committee is to ensure the cleanliness and security in the city.
(3) That, the arrangement of cleaning, maintenance of road electricity etc., are the responsibilities of the
respondent No. 4 Nagar Parishad, Pali.
(4)That from the last six months, no provision for cleaning, security and electricity made
available in the Pali city. The conditions of the roads are worst by which the life of the public is
unsecure. Many persons have met with accidents due to this.
(5) That many times the complaints have been made to the respondent No. 2,3 and 4 but no
action has been taken.
(6) That the officer of Nagar Parishad, Mr.--------------- public servant and he has not performed
the public duties is a imposed on him.
36
(7) That the public is facing too much difficulties by the violation of these public duties. Life of
public is unsecure and there are possibilities of spreading diseases due to unhygienic
conditions in the city.
(8) That there is no alternate remedy available to ensure cleanliness, maintenance of roads and
arrangement of proper electricity in the city except by way of this writ.
(9) That no other proceedings are initiated in any other court in this relation.
(10) That the Pali City is within the jurisdiction of hon'ble court, hence, it has the jurisdiction to
hear this writ.
(11) That the writ is instituted on the proper court fee Rs……………
Hence, the petitioner prays that the writ of mandamus may be issued against the respondent No.
4 and he may be ordered to do the following-
(a) cleaning in the city,
(b) Maintenance of roads,
(c) arrangement of lights on the public roads.
Place: Jodhpur Signature (Petitioner)
Date:------- Signature (Advocate)
Qs: Draft a Writ of Certiorari' and "Quo Warrant'.

Writ of Certiorari-
What is Writ of Certiorari?
Format
In the High Court of Judicature, Rajasthan, Jaipur Bench.
‘A’ S/o ‘B’, aged 50 years, resident of Ajmer (Rajasthan)
-Petitioner
Versus
Non-Governmental Educational Institutes, Tribunal-Respondent

Petition No.--------------of 2007.
Writ of Certiorari under Article-226 of the Constitution
37

(1) That the petitioner is working as a Hindi Lecturer in the school Ajmer for last 10 years and
discharging his duties faithfully.
(2) That, the Management Committee of this school has the malice against his strict discipline,
transparent personality and good teaching work and planned to remove the petitioner from
Lecturership and appoint another person in place of him.
(3) That, the Management Committee has appointed another person C S/o *D as a lecturer in
place of the petitioner without hearing the petitioner and removed him from the post.
(4) That the petitioner has instituted a suit against the order of the committee in the Tribunal
(respondent). The application for Temporary Injunction was also presented, for not allowing
‘C' to join on the new post alongwith the suit.
(5) That the Tribunal has issued summons to the school which were served to the school. The
next date of hearing was fixed by the Tribunal.
(6) That no one was present from the school on the date fixed by the Tribunal. The petitioner prayed from the
tribunal that –
(a) an Ex-parte order may be passed against the Management Committee;
(b) the documents and evidences submitted by the petitioner may be taken on record;
(c) the justifiable order may be passed by providing an opportunity to the petitioner.
(7) That the Tribunal, beside the above application, has neither provided an opportunity of hearing to
petitioner nor accepted the documents and evidences of the petitioner and, nor passed an ex-partee order
against the Management Committee.
(8) That the Tribunal has dismissed the suit and application for T.I. of the petitioner on the first hearing
itself.
(9) That, the respondent Tribunal has acted out of its jurisdiction and violated the principles of natural
justice, by passing an order which is liable to be set asided.
(10) That there is no alternate remedy available to set aside the order immediately and remove the errors
made in the order except by way of this petition.
(11) That the petitioner has not taken any proceeding in any other court in this relation.
38
(12) That the petitioner and the respondent are within your jurisdiction, hence the hon'ble court has the
jurisdiction to hear the petition.
(13) That the petition is presented on the proper court fee Rs.----------
Hence, the petitioner prays that the writ of certiorari may be issued to remove the errors committed by the
Tribunal in its order and the lawful order and judgment may be passed by providing an opportunity of
hearing to the petitioner and by following the proper Judicial process.
(2) Writ of Quo-Warranto-
What is Writ of Quo-Warranto?
Format
In the High Court of Judicature, Rajasthan, Jodhpur.
‘A' S/o ‘B' aged 33 years, resident of Amet (Raj) -Petitioner
Versus
(1) State of Rajasthan,
(2) Chief Secretary, Govt. of Raj.
(3) Director, Local bodies Department, Govt. of Raj.
(4) District Collector, Rajsamand.
(5) Chairman, Nagar Palika, Amet.
(6) ‘C’ S/o ‘D', Member Nagar Palika, Amet –Respondents
Petition No. ---------------of 2007.
Writ of Quo-Warranto under Article-226 of the Constitution

39
(1) That the petitioner is the resident of Amet City and lawfully elected member of Nagar Palika, Amet.
(2) That the respondent No. 5 is the Chairman of Nagar Palika, Amet.
(3) That there were two candidates ‘C' S/o "D' and ‘A’ S/o ‘B’ for the membership election of ward No
Nagar Palika, Amet in last elections. Of
(4) That, the 'C' and A had scored equal votes, in the election. The Returning officer has declared A' elected
on the basis of lottery for the ward No.
(5) That, the respondent No. 6 has forcefully occupied the seat of membership, besides the 'A was declared
as elected by the returning officer.
(6) That the number of complaints were made to the respondent No. 2, 3 and 4 but no fruitful results.
(7) That there is no alternate remedy available to remove the respondent No. 6 from the seat and to provide a
seat to the lawfully appointed member A except by way of this writ.
(8) That the petitioner has not instituted any other proceeding in any court except this writ.
(9) That the petitioner and the respondents are within the jurisdiction of the court, hence the hon'ble court has
jurisdiction to hear the petition.
(10) That the writ. is presented on proper court fee Hence, the petitioner prays that the writ of Quo-Warrants
may be issued by which-
(a) ‘C’ may be asked that by which authority he occupied the seat of ward No------. of Nagar Palika, Amet.
(b) ‘C’ may be removed from that seat.
© the charge of membership of ward No------------. may be .handed over to lawfully elected member ‘A’
Place: : Jodhpur Signature (Petitioner)
Date:-------------- Signature (Advocate)

40
Criminal Complaints Criminal miscellaneous petitions, Bail Application, Memorandum of

Appeals and Sessions.
Complaint
The judicial proceedings is initiated in the criminal matters either by filing First Information
Report or by complaint. On the commission of criminal offence, any aggrieved party either he
files First Information Report before the officer incharge of police station or institutes a
complaint in the competent court.
What is 'Complaint’-The word 'complaint' has been defined in section 2(d) of Criminal
Procedure Code, 1973, according to this- “
Complaint means any allegation made orally or in writing to a magistrate with a view to his
taking action under this code, that some person, whether known or unknown an offence, but does
not include a police report. in ‘Municipal Board, Mirzapur Vs Resident Engineer, Mirzapur
Electrical Supply Co. (1971 Cr. L.J.474), the Allahabad High Court has defined the complaint
and said---"Complaint means any allegation made orally or in writing to
a magistrate for taking any action."
Generally, the police report is not a complaint. But, a report made, by a police officer in a case
which discloses, after investigation, the commission of a non-cognizable offence shall be deemed
to be complaint, and the police officer by whom such report is made shall be deemed to be the
"Complainant'.
In the case of ‘State of Bihar Versus Chander Bhuhsan Singh' (A.I.R. 2001 SC 429), the
Supreme Court has considered the inquiry report submitted by the officer of Railway protection
force under section 8 of Railway Property (Illegal Possession) Act, 1966, as a complaint.
Essential Eleménts of a Complaint-

1. complaint can be in the form of written or oral. It is not necessary that complaint must be in
written form. Oral statements made to the magistrate can be complaint.
2. Written or oral statement must be in relation to commission of an offence. If the statement
made is not concerned with any offence punishable under any law, then it cannot be
said a complaint.
3. Complaint is always made to the Magistrate, not to police officer.
4. Object of a complaint is to taking action by the Magistrate.
5. Complaint does not include police report. Police report shall be deemed to be complaint
when after investigation it discloses the commission of a non-cognizable offence.
6. The name of the accused person need not to be mentioned in the complaint. He can be known
or unknown person.
7. Description about the evidence or witnesses need not to be mentioned in a complaint.
(Halimuddin Versus Ashok Cement, 1976 Cr. L.J.449).
41
8. Complaint must be presented within the prescribed period of limitation. The magistrate can
reject the time barred complaint and the accused can be discharged. (Arun Vvas Versus
Anita Vyas, A.I.R. 1999 SC 2071).
It is stated here that all the proceedings relating to complaint must be taken as per Cr. P.C., 1973.
Difference between complaint and First Information Report

Both complaint and F.I.R. are such documents by which the criminal judicial process gets
accelerated, but, there are some differences, that are-
Complaining F.I.R
1.Complaint is presented to magistrate 1.Whereas F.I.R. is filed to police officer.
2.The inquiry is made by the magistrate after 2.Whereas investigation is started after
complaint. complaint. by the police officer after filing
F.I.R.
3The complaint can be sent to police officer for 3. Whereas the F.I.R. cannot be sent to the
investigation. Magistrate for inquiry or investigation.
4. The Cognizance is taken on complaint after 4. Whereas after investigation of

inquiry. F.I.R., the charge sheet or Final report is
submitted to the magistrate.
Qs: Draft a Complaint to be presented to a Magistrate on the basis of your own facts.
Ans. Complaint-
In the court of Judicial Magistrate First Class Sirohi (Rajasthan).
‘A’ S/o ‘B' Aged 32 years, resident of Sirohi (Raj)
-Complainant
Versus
‘C' S/o ‘D' aged 41 years, resident of Sirohi (Raj.)-Accused
Complaint Under Section 354 of L.P.C., 1860

42
The above named complainant states as follows-
(1) That the complainant resides at Sirohi Nagar and is a simple and good living woman.
(2) That the accused is also the resident of Sirohi Nagar and the land of both the complainant and accused are
situated nearby to each other.
(3) That the complainant was working on her land on date about time then the accused came over there and
started abusing to her husband.
(4) That, when the complainant asked not to abuse her husband then he started abusing to her also. The
accused said such type of words which cannot be described here.
(5) That when the accused shouted loudly, then many people gathered over there and he has not listened to
those peoples also.
(6) That, the accused with the intention of causing defamation and outrage, her modesty and pushed her
down, removed saree and torned her blouse.
(7) That, by this act of the accused, the complainant felt her breach of modesty and ashamed infront of the
people.
(8) That, this act of accused is punishable under section 354 of the I.P.C. 1860.
Hence, the cognizance may be taken against the accused under section 354 of the I.P.C. and he should be
punished.
Place: Sirohi Signature (Complainant)
Date:------------- Signature (Advocate)
Miscellaneous Application (Criminal)
In the Court of Chief Judicial Magistrate, Alwar (Raj.)
‘A’ S/o 'B' aged 70 years, resident of Alwar (Raj.)
-Accused(Applicant)
Versus
43
State of Rajasthan -Non-Applicant
Criminal Case No………
State Versus 'A' S/o ‘B’
Application under Section-205 of Cr. P.C., 1973
The above named applicant (Accused) states as follows-
(1) That the criminal case is pending before the court against the applicant (accúsed).
(2)That in this matter, the charge sheet is just produced in the court and there is possibility of taking long
time for it's trial and disposal.
(3) That, the accused (applicant) has not committed any offence. He was falsely and maliciously involved in
case. There is maximum possibility of discharge of the accused.
(4) That the applicant (Accused) is 70 years old. He generally remains sick. He is unable to be present in the
court on every date (date of hearing).
(5) That there is no question pending for the identification of the applicant (accused).
(6) That the applicant is a reputed person. There is no possibility of his running away or being absent from
the court.
(7)That whenever the court orders, he (applicant) would be personally, present in the court.
(8)That the advocate Sh----------------- is appointed for the defence of the applicant.
Hence, the applicant prays that the applicant (accused) may be exempted to be personally present in the court
till the disposal of the case.
Place: Alwar Signature (Applicant)
Date:- Signature (Advocate)
Qs: Draft a petition of criminal appeal against the judgment of Judicial Magistrate first class where he
convicts ‘A’ under section 323 of Indian Penal Cede, 1860 and imposes a fine of Rs. 500
Ans. (A) Criminal Appeal-

44
In the Court of Sessions Judge, Kota (Raj.)
‘A’ S/o ‘B' aged 20 years, resident of Gumanpura, Kota (Raj.)
- Appellant
Versus
(i) State of Rajasthan,
(ii) 'C S/o 'D' aged 40 years, resident of Gumanpura, Kota (Raj.)
-Respondent
Criminal Appeal No-------------- of 2007.
Appeal against the Judgment and Punishment of the Judicial Magistrate, First Class, Kota
The above named Appellant states as follows-
(1) That the both Appellant and respondent are resident of Kota and running tea restaurants in.
(2) That on date there were little hot talks between appellant and the respondent, for which the respondent
had instituted complaint in the Court of Judicial Magistrate, First Class, Kota against the appellant.
(3) That on the said complaint, the Judicial Magistrate had taken the cognizance against the appellant under
section 323 of I.P.C. and found the appellant guilty on date------------ and imposed the punishment of fine
of Rs. 500
(4) That the Judgment and punishment passed by the Judicial Magistrate is against the law, hence it is to be
set aside, because-------
(a) That there were only little hot talks between the Appellant and respondent, but the Judicial Magistrate has
made a mistake of law by considering the matter Under Section- 323.
(b) The respondent has not made available any eye witness in his evidence, still the Magistrate has made a
mistake of law by admitting the matter as proved.
(c) The respondent has not submitted any medical evidence, still the Magistrate has made a mistake of law
by admitting the matter as proved beyond the doubt.
(d) The Judicial Magistrate has made a mistake of law by not paying any attention to the defence of the
Appellant.
45
(e) The age of the Appellant is of 20 years. He has the right to get benefit of admonition or probation in this
matter, but the Magistrate has imposed fine of Rs.500/- on the Appellant
(5) That the appeal of the Appellant is within the time.
(6) That the Court of Judicial Magistrate is subordinate to your court, hence this court has the jurisdiction to
hear the appeal.
(7) That the appeal is presented on court fee Rs.--------------.
Hence, the Appellant prays that the Judgment and punishment passed by the Magistrate may be set aside and
the Appellant should be declared acquitted in this matter.
Place: Kota Signature (Appellant)
Verification
I ‘A' S/o ‘B' aged 20 years, resident of. Gaumanpura, Kota do hereby Verify that the column No. 1 to 4 are
true to my personal knowledge and belief and column no. 5 to 7 being legal, are correct as per the opinion
rendered by my counsel.
Place: Kota Signature (Appellant)
Criminal Revision
In the Court of Sessions Judge, Jalore (Rajasthan)
‘A’ S/o ‘B' aged 37 years, resident of Jalore, (Raj.)
-Petitioner
Versus
State of Rajasthan, through Public Prosecutor, Jalore (Raj.) –Respondent

46
Revision Petition against the Order of Judicial Magistrate, First Class, Jalore, dated-
(1) That the petitioner is a resident of Jalore city and is a reputed and peaceful living person.
(2) That one person C' S/o 'D' is a neighbourer of the petitioner has filed a false F.I.R. at police station Jalore
under section 379 of 1.P.C. on dated with the intention to pull-down the reputation and image of the
petitioner in the Society, because he has malice and business competition against the petitioner.
(3) That on this false report, the officer incharge police station (L.O.) Jalore has submitted the charge sheet in
the court of Judicial Magistrate, First Class, Jalore under the Section 379 of 1.P.C.
(4) That on the submission of charge sheet the Magistrate has read the charges under Section 379 in front of
the accuse which was not accepted and asked for inquiry in this matter by the petitioner.
(5) That the order of the Magistrate for trial of charge dated--------- is liable to be set aside on the following
reasons-
(a) That the F.I.R. filed by 'C' S/o D' is a false due to malice against the petitioner.
(b) that the F.I.R. was filed after 20 days of the incident, and no proper reasons are mentioned for that.
(c) that there is no eye witness mentioned in the report.
(d) that during the charge arguments, no documents of defence from the side of accused were considered by
the court.
(e) that nothing has been recovered from the petitioner.
(6) That if the order of the Magistrate is not set a sided, the petitioner have to face the charge trial without
any reasons by which there will be great loss to his physical, mental and economic conditions.
(7) That the revision petition is presented within the prescribed time.
(8) That the revision petition is presented on Court fee Rs.-------
(9) That the court has the jurisdiction to hear the revision petition.
Hence, the petitioner prays that the revision petition may be admitted and the order of the Judicial Magistrate
First Class, Jalore to be set a sided.
47
Place: Jalore Signature (Petitioner)
Date:-------------- Signature (Advocate)
Verification
I 'A' S/o ‘B' aged 37 years, resident of Jalore do hereby verily that the content of para I to 6 are true to my
personal knowledge and the contents of para 7 to 9 of this petition are considered to be true as per opinion
rendered by my counsel.
Place: Jalore Signature (Petitioner)
Date:-------- Signature (Advocate)
Qs: Draft Bail Petition for release of an accused arrested in connection with non-bailable offence?
What is Bail and ground for bail?
Ans. Bail petition before the Magistrate (Under Section 437 of Cr.P.C.)-
In the Court of Judicial Magistrate, First Class, Jodhpur (Rajasthan)
‘A’ S/o ‘B' aged 37 years, resident of Jodhpur (Raj.) –Applicant
Versus
State of Rajasthan –Defendant
Bail application under section 437 of Cr. P.C. 1973
The humble application on behalf of the applicant,as follows-
(1) That the applicant is a resident of Jodhpur and a respectable and peaceful citizen. He runs a tea shop
at----------- Bazar.
(2) That one person 'C has filed a false F.L.R. in police station------on dated--------- the applicant under
section 366 of I.P.C. that the applicant has abducted her married against daughter. The applicant was
arrested by the police and he is in police custody.
(3) That the applicant is innocent and has been falsely implicated in the above case due to enemity.
(4) That the applicant is a p0or person. He hardly fulfills the livelihood of his family. If he is not released on
bail, his family would be in difficulty.
48
(5) That the applicant has a 90 years old aged mother in his family, no one except the applicant to look after
her in the family.
(6) That there was no recovery of any incriminating article from the possession of the applicant.
(7) That the applicant assures that incase of any investigation or any other purpose, he would be present
before the police officer and he will provide all the help for investigation.
(8) That there is no such offence of death sentence or life imprisonment made out against the applicant.
(9) That it may take long time for its investigation:
(10) That the applicant is prepared to furnish bail bonds as per the orders of the court.
It is therefore, the applicant prays that the bail petition may be allowed and the order of his release on proper
bail bonds be passed in favour of the applicant.
Place: Jodhpur (Raj) Signature (Applicant)

Date:--------------- signature(Advocate)
(2) Bail petition before the Sessions Court (Under Section 4388 of Cr. P.C. 1973)
In the Court of Sessions Judge, Jodhpur (Raj.)
‘A’ S/o ‘B' aged 37 years, resident of Jodhpur (Raj)
-Accused (Applicant)
Versus
State of Rajasthan -Defendant
Bail Application under Section 439 of Cr. P.C. 1973

(1) That on the basis of F.I.R. filed in police station-----------and on the arrest of the applicant by
the police, the bail application was presented in the court of Judicial Magistrate under Section
437 of Cr. P.C. on dated---------- which was rejected by the court, hence the application is
presented before this court by the applicant.
(2) That the applicant is the resident of Jodhpur and runs a Tea Shop.
(3) That the neighbourer of applicant Mr. 'C' has filed a F.l.R. against the applicant with the
intention that the applicant has abducted his married daughter on dated---- report, the case was
registered under section 366 of I.P.. and the applicant was arrested and is in Judicial Custody at
49
Present.
(4) That the applicant is innocent person. He has been falsely been implicated in the case. He
neither knows the daughter of 'C', nor he abducted her. Infact, the applicant was not available in
Jodhpur on that date.
(5) That the applicant is a poor person. He hardly fulfills the livelihood of his family. If he is not
released on bail, his family will be in economic trouble.
(6) That the applicant has a old aged mother of 90 years in his family and no one is available to
look after her except the petitioner.
(7) That the applicant is a peace loving person and there is chances of his running away or
influencing the witnesses.
(8) That the applicant also assures that whenever the applicant is needed by the police, he would
be present before the police and provide all the helps for the investigation.
(9) That there is no such case of death sentence, or life imprisonment made out against the applicant.
(10) That it will take long time for its trial by the court.
(11) That the applicant is prepared to furnish the bail bonds as per the orders of the court.
It is therefore, the applicant prays that his bail application may be admitted and order may be passed for his
release on proper bail bonds.
Place: Jodhpur (Raj.) Signature (Applicant)
Qs:. Draft the applications for anticipatory bail to be filed in Sessions Court & High Court.
Ans. (1) Application for anticipatory bail in the Sessions Court-
In the Court of Sessions Judge, Jaipur City
‘A' S/o ‘B', aged 45 years, resident of Jaipur (Raj.)
-Applicant
50
Versus
State of Rajasthan -Defendant
Application for anticipatory bail under Section 438 of Cr.P.C.
(1) That the applicant is the resident of Fateh Tiba, Adarsh Nagar, Jaipur and a peace loving person.
(2) That the applicant is a cloth merchant and has a good reputation in the bazar.
(3) That the applicant is connected with the congress party from the initial itself and has a effective position
in the party.
(4) That due to these reasons, one of neighbourer Mr. C' who is also a cloth merchant and connected with the
B.J.P.,have the malice against the applicant.
(5) That Mr. 'C' generally fights with the applicant due to political and business reasons and he want to
defame the applicant in the society.
(6) That, Mr. 'C' has earlier also filed three times F.I.R. in the police station Final Report (F.R.). in which the
police had submitted.
(7) That on date---------of theft against the applicant in the police station, Mr. 'C' has again filed a false report
the F.I.R. No. is------------
(8) That the applicant is a innocent person. Mr. 'C' has filed a false report, because on that date he was away
from Jaipur and he has returned today only.
(9) That on the false report, the police wants to arrest the applicant. If the applicant is arrested there will be a
loss of his business and his reputation.
(10) That the applicant is a reputed person. There are no chances of his running away or breaking the
witnesses.
(11) That the applicant is prepared to furnish the bail bond and personal security for the anticipatory bail.
(12) That the applicant also assures that he would be present in case he needed by the police and provide all
the helps for investigation to the police.
51
Therefore, the applicant prays that the application for anticipatory bail may be accepted and order may be
passed that in case of arrest he should be released on submission of his personal Security and bail bonds.
Place: Jaipur (Raj.) Signature (Applicant)
(2) Application for Anticipatory bail before the High Court (Under Section 438 of Cr.P.C.)
In the High Court of Jndicature, Jaipur Bench, Jaipur
‘A’ S/o B', aged 45 years, resident of Jaipur (Raj.)
-Applicant.
Versus
State of Rajasthan -Defandant.
Application for anticipatory bail under Section 438 of Cr P.C., 1973.
Sir,
(1) That the application for anticipatory bail was submitted to the Sessions Court Jaipur city, by the applicant
against F.I.R. No-------------- the registered in the police station-----------.on 19 June, 2005 which was
rejected on 21June, 2005. Therefore, the applicant is presenting this application before the hon'ble court.
(2) That the sessions court has made a mistake of law by rejecting the bail petition hurriedly and without
applying its mind.
(3) That the applicant is carrying out the business of cloth merchant at Choura Rasta and has a good
reputation in the Bazar.
(4) The applicant has the connection with the congress party from the initial itself and has the good image in
the party.
(5) That by these above reasons, one of my neighbour has malice against me because he has liasions with the
B.J.P.
(6) That Mr. 'C' earlier also filed three time F.I.R. in police station------------ against me and the police has
submitted Final Report (FR.) in these matters.
52
(7) That recently, Mr. C. has also filed F.I.R. on date----------for theft against the applicant in the police
station----------The F.I.R. No is-------------
(8) That the applicant is absolutely innocent. Mr. C' has filed F.I.R. against me by malice. Infact, the
applicant was away from Jaipur Since 15 June, 2005 and returned to Jaipur only on 19 June, 2005
(9) That on this false report the police wants to arrest the applicant if the applicant is arrested he will loss his
whole of business and his reputation in the market.
(10) That the applicant is a reputed person, there are no possibilities of his absconding, running away or
breaking the witnesses.
(11) That the applicant is prepared to furnish the personal security and bail bonds as the court directs.
(12) That the applicant also assures that he will be present before the police in case of need and will provide
all the helps to the police.
Therefore, the applicant prays from the hon'ble court that the anticipatory bail application of the applicant
may be accepted and the orders may be passed that in case of arrest of the applicant he should be released on
security and bail bonds.
Place: Jaipur (Rajasthan) Signature (Applicant)
Date:---------- Signature (Advocate)
Qs: A civil court has given a decree for the recovery of Rs. 20,000/-. Draft an appeal against that
judgment and decree?
What is Appeal under CPC 1908?
Ans. First Appeal-
In the court of District Judge, Jaipur City.
'A’ S/o 'B' aged 62 years, resident of Johri Bazar, Jaipur (Raj).- Appellant
53
Versus
‘C’ S/o 'D' aged 51 years, Resident of Johri Bazar, Jaipur -Respondent.
Civil Appeal No.------------ of 2007
First Appeal Against the Judgement and Decree of the court of Civil Judge (J.D.), Jaipur City
The above named Appellant States as follows-
(1) That the respondent (Plaintiff) has instituted the suit against the appellant (defendant) for the recovery of
Rs. 20,000/- in the court of Civil Judge Jaipur Nagar, which was decided and decreed against the
appellant on 25.5.2005.
(2) That the Honourable trial court has committed many factual and legal mistakes in its judgement and
decree, which is challenged through this first appeal before this court.
(3) That the judgement and decree of the Trial Court is liable to be set aside on following reasons-
(a)That the issues are not settled according to the pleadings. The burden to prove the disputed point No. 3 is
not on the Appellant.
(b)That the trial court has committed the mistake of law for not taking the documents of the Appellant on
record.
(c)That the trial court has not carried out the proper analysis and valuation of evidence. The court has not
described the evidence of appellant in its judgment.
(d)That the suit of the Plaintiff (Respondent) was time barred, but the Trial Court has decided wrongly and
against the law.
(e)That the suit of the Plaintiff was not on proper court fee, which was objected by the Appellant, but the
trial court has not heard this point.
(f)That the counsel of the appellant (defendant) has submitted many judicial precedents in his favour during
arguments, but the Trial Court has not paid any attention on any of them.
(4)That the trial court is subordinate to this court hence, this court has the jurisdiction to hear this appeal.
(5)That the appeal is presented within the time.
(6)That the appeal is presented on the prescribed court fee.

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Hence, the appellant prays for the following relief-
(a)That the judgment and decree dated 25.5.2005 of the Subordinate court may be set aside.
(b)That the cost of the suit and appeal may be awarded to the Appellant.
(c)Any other further relief as the court may deem fit, be paid to the Appellant (defendant).
Place: Jaipur Signature (Appellant)

Date:------------ Signature (Advocate)
Verification
I ‘A' S/o ‘B' (Appellant) aged 62 years, resident of Johri Bazar, Jaipur hereby verify that the column No. 1 to
6 of this Memorandum of Appeal are true to my personal knowledge and belief.

Second Appeal
Provison of Second Appeal Under CPC 1908
In the High Court of Judicature, Rajasthan, Jaipur Bench
‘A’ S/o 'B' aged 62 years, resident of Johri Bazar, Jaipur (Rajasthan)-Appellant
Versus
‘C’ S/o 'D' aged 51 years, resident of Johri Bazar, Jaipur (Rajasthan) --Respondent
Civil Second Appeal No.------------of 2006.
Second appeal against the Judgement and Decree dated 10.10.05 of the District Judge, Jaipur Nagar. The
above Appellant states as follows-
(1)That the respondent had instituted a suit against the Appellant in the court of Civil Judge (J.D.), Jaipur
Nagar for the recovery of Rs. 20,000/- which was decided and decreed in favour of the respondent.
55
(2)That the Appellant (defendant) had challenged the said judgement and decree in the court of District
Judge as a First Appeal on 2.6.05 which was dismissed on 10.10.05.
(3)That in the first appeal many questions relating to the facts and law were taken up before the District
Judge, and the mistakes committed by the Trial court were brought to the notice, but the District Court has
not heard these points and the appeal of the Appellant was dismissed.
(4)That the judgment and decree passed by the District Judge is liable to be set aside on the following
grounds-
(a)That the District Judge has not heard the argument of the Appellant that "The statements of the witness of
Appellant Shri---------------neither heard by the court nor described anywhere in the judgement." Is it not the
violation of the principles of natural justice?
(b)That the District Judge has not given thought on the argument of the Appellant that "the suit of the
Plaintiff (Respondent) is liable to be dismissed due to time-bar." Is the time barred suit presented by the
Plaintiff admissible?
(c)That the District Judge has not heard the argument of the Appellant that "the suit not presented on proper
court fee by the Plaintiff (Respondent) was liable to be dismissed". Is any suit which has insufficient court
fee can be presented in the court?
(5)That these questions of Law were there, which were to be sorted out in the appeal by the District Judge,
but it was not done.
(6)That the Court of District Judge, Jaipur is subordinate to this High Court, hence the Hon'ble Court has the
jurisdiction to hear this appeal.
(7)That this appeal involves many legal questions or questions of law, hence, the second Appeal can be
admissible by the court.
(8)That the appeal is presented within the time.
(9)That this appeal is presented on prescribed court fee
Hence, the Appellant prays that his Second Appeal may be accepted and the Judgement and Decree of trial
and District Judge may be set aside on cost.

56
Verification
I 'A' S/o ‘B' (Appellant) aged 62 years, resident of Johri Bazar, Jaipur, hereby verify that the column No. 1 to
9 of this second Appeal are true to my personal knowledge and belief and the opinion rendered by my
counsel.
Qs. A cheque given by a debtor to a creditor has been dishonoured by Bank on account of insufficient
funds. Draft a Legal Notice on behalf of Creditor for to the debtor for payment of the debt
Ans. What is Notice under CPC 1908?
Notice in the matter of dishonour of cheque From-
‘A’ Advocate,
Rajasthan High Court, Jaipur.
To-----
‘B' S/o ‘C'
- Publications Pvt. Ltd.
Chaura Rasta, Jaipur.
Dear Sir,
1, on behalf of my client Sh.---------and the directions and informations received from him, hereby notify you
through this notice
(1) That you are the publishor and seller of Law books and my client a renowned writter of Law books.
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(2) That as per your order, my client has written three books on Panchayati Raj Act, Misc Criminal Act and
Consumer Protection Act. It was agreed to pay Rs. 50,000/- as a royalty on the first edition of these three
books as per agreement.
(3) That you have issued a cheque No.------------------ date------drawn on Bank S.B.B.J. (SMS Branch),
Jaipur for the above said royalty.
(4) That my client has submitted this cheque to be deposited in his SB A/C No.------------ on date---------- in
the same Bank.
(5) That the said cheque was dishonoured on date by the Bank on the ground of insufficient funds and
returned to my client.
(6) That you have issued a said cheque to my client without having sufficient funds in your saving account
therefore it was dishonoured by the Bank.
Hence, you are hereby informed through this notice that you should pay the Rs. 50,000/- of the said cheque
to my client upto date and obtain the receipt from him, otherwise, the legal proceedings would be initiated
against you in the competent court, for which you will be liable for all the costs.
2) Notice for the recovery of arrear of rent
From-
‘A’ Advocate,
Sadar Bazar, Neem Ka Thana (Raj.)
To------------
‘B' S/o 'C'
Mahavir Marg, Neem Ka Thana (Raj.)
Dear Sir,
I, on behalf of my client Sh.--------------- and the directions and informations received from him, hereby
notify to you that-
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(1) My client has a large house, consisting of two rooms, one kitchen and latrine-bathroom situated at
Mahavir Marg Neem Ka Thana which are on rent to you.
(2) The rent deed was executed between you and my client on date----------According to the conditions of the
deed, the rent Rs. 1200/- per month to be paid before 1 5th day of every month.
(3) You have paid the rent upto date------------ but you have not paid the rent for last 8 months. ,
(4) My client has asked many times to you to pay the arrear of rent, but you have not paid it.
(5) My client has also intimated to you through registered letter dated-----------about his saving Bank a/c No.,
so that you can deposit the rent in that account.
(6) But, it is sad, that you have neither paid the rent of months nor deposited in his account.
(7) Therefore, you have to pay Rs. 9,600/- to my client as arrear rent of the house.
Therefore, you are hereby informed through this notice that-
(a) You are required to pay the arrear of rent upto the date------------ to my client and obtain the receipt.
(b) You have violated the terms and conditions of the rent by which the right to hold the house on rent came
to an end. You vacate the premises by date----------and deliver the possession to my client.
(c) If you do not obey this notice, then the legal proceedings would be initiated against you in the competent
court, for which you would be held liable for all the costs.
Date:---------- Signature (Advocate)

59
Unit-III
Qs. Conveyancing: Introduction, Component parts of a deed, Attendant requirement of

execution, Description of property how to be made. Definition, alteration and registration
of Sale.Sale deed.
Ans. Definition of Conveyancing
The art of “conveyancing” is of English origin. The word “To convey”means, to transfer, to
make over. The word conveyancing means and denote an instrument or deed through which one
or more living person transfer his or their interest in present or in future in or upon an immovable
property to one or more living persons.
History of Conveyancing
In ancient times in England the deed writing was optional continued to remain optional until the
time of King Charles II, particularly the case in which the deed was required not to be under seal.
Writting was required only in the great matter of importance. It was only during the reign of
King Charles II that the British Parliament enacted in 1677 a legislation requiring writting for
creation and transfer of the interest in landed property with an exception in case of lease for less
than three year. The Real Property Act of 1845 require all grant of landed interest to be made by
writting which became known as “conveyancing”. The present form of conveyancing is based on
the conveyance of Land Act of 1845 and the Law of Property Act 1925
In India the form of conveyancing are based on the present English forms. No legislation in India
has ever been passed on the law of conveyancing. The condition of drafting of conveyancing in
mofussil India is deplorable. It is only in then presidency town (metropolitan cities) of Bombay,
Calcutta and Madras the work of drafting of the conveyancing remained in the hand of solicitors
and barristers well tarined in the field of drafting on the lines of English conveyancing and it still
contiunes on the same pattern and is satisfactory. But the Mofussil Town the task of drafting of
conveyancing remain and continues to remain in the hands of “deed writer’, ‘scribes’ or
‘scribers’ who have no legal knowledge but have adopted the profession of deed writing. So, the
‘deeds’ in Mofussils generally and commonly suffer from so many defects and sometimesthese
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defects become incurable. India at present needs comprehensive legislation in this direction as it
is in England so that the defect can be rectified and the work may remain in the hands of the
persons having knowledge of law.
Deed
In a broad sense the ‘deed’ means something done or performed which is synonymous with
‘act’. deed means solemn act denoting document, and it may be define as an instrument written
on parchment or on a paper executed, signed sealed and delivered by the executant. A document
or an instrument through which n present or future interest in an immovable property is
transferred by one or more living persons to another living person or persons is called deed. It is
called a deed because it is considered the most solemn and authentic act that a person can
possibly perform in relation to his property. Statements made in deeds may amount to admission
and may operate as estoppel in certain circumstances.
In Halsbury’s Law of Englansd, a deed has been defined as an instrument written on parchment
or paper expressing the intention of some person named therein who make assurance of some
interest in property, or of some legal or equitable right, title or claim, or undertake or enter into
some obligation, duty or agreement enforceable at law or in equity, or to do some other act
affecting the legal relation or position of a party to the instrument.
Object and Function of Conveyancing
a. Movable property may be physically given and taken by actual delivery, while this is
not possible in case of property in case of immovable properties. Thus, conveyancing
is that branch of the law of transfer of property which deals with the mode of and
form of transfer to which both transferor and transferee have agreed upon.
b. Its main object is to enable the owner of real property to make voluntary transfer of
their right, title and interest therein for some specific purpose and for a specified
period. Such transfer are not otherwise possible than by conveyancing.
c. It incorporates the expressions of the intention of the parties to the deed of

conveyance so that accordingly it shall take effect. In case of any doubt, dispute,
ambiguity and susceptibility, the real intention of the parties may be discovered from
the words, phrases and the expression used in the deed.
d. A transferor may have passed the property intending to pass; but if he has not
expressed himself in suitable words of the language, the deed may be defective or
susceptible of two or more constructions; and so the benefits of the transfer may be
lost to the transferee. Secondly, where any adverse claimant interposes before the
transferee, may get actual legal possession of the transferred property , it may be quite
possible that the transferor with all his willingness may not to be able to help the
transferee.
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e. It helps the Court and judicial tribunals to determine any dispute if subsequently
arises between the parties to the deed.
f. It serves the purpose of both transferor and transferee in protecting their interests. It
protects the interest of the transferee from any precedent and /or subsequent acts or
omissions of the transferor or any other person claiming through or under him against
the expressed intention of the grant and the covenant of the deed; and likewise, the
interest of the transferor is also protected from any subsequent acts or omission of the
transferee.
g. It is a document of title to the property and forms the basis of a record of rights
maintained by the Government. It is, also, a documentary piece of evidence.
COMPONENTS OF DEEDS
An ordinary deed of transfer may conveniently be divided into the following parts :Description of the deed;
Date; Parties; Recitals; Testaturn; Consideration; Receipt; Operative words; Parcels; Exception and—R-
eservations (if any); Habendum; Covenants (if any); Testimonium.
A) DESCRIPTION OF THE DEED
All deeds should be described by the name of the transaction which they evidence, such as “THIS DEED OF
MORTGAGE”, THIS DEED OF SALE”, THIS LEASE”, THIS DEED OF GIFT”, etc. When the deed is of
a complex character and evidences different transactions known by different legal names, or the conveyances
is not sure what name should properly be given to it, it would be best to describe it simply as “THIS DEED”.
The description is usually written in capitals.
B) DATE
After the description of the deed is stated, the date on which it is executed, thus: “THIS LEASE made on the
first day of February one thousand nine hundred and ninety nine.”
The date of a deed is the date on which it is singed by the party or parties executing it. When there is only
one party to a deed, as in the case of deed poll, or when all the parties sign it on one and the same date, or
when, though there are several parties to a deed, all do not sign and those who sign do so on one date, there
is no difficulty. But if several parties to a deed sign it on different dates, the question is which date should be
entered as the date of deed. The practice is to regard the last of such dates as the date of the deed.
The date should, in order to avoid mistake and risk of forgery, be written in words and not in figures. Figures
may be added within parenthesis, if desired thus –
“The first day of March one thousand nine hundred ninety nine (The Ist March, 1999)”.
In every case in which a deed is executed by more than one person, the date on which each signs
the deed must be shown in the deed, preferably against his signature.
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C) PARTIES TO THE DEED
Transferor and transferee
After the date, the names and description of the parties to the deed are mentioned. Who are the necessary and
proper parties to a deed depends on the circumstances of each case. Although a transferee is not a necessary
party, and a deed will not be invalid or ineffective if he is not mentioned as such, except in the case of a
lease, he is certainly a proper party. It is always advisable to make him a party.
The form, in which the parties will be described in the beginning of the deed. Would thus be as
follows:
“This SALE DEED Is made on the_______day of _______between AB, etc. (hereinafter called
‘the vendor’) of the one part and CD, etc., (hereinafter called ‘ the purchaser’), of the other part.”
D) RECITALS
Recitals are of two kinds : (1) Narrative recitals, which relate the past history of the property transferred and
set out facts and instruments necessary to show the title and the relation of the parties to the subject-matter of
the deed; and (2) Introductory recitals, which explain the motive for the preparation and execution of the
deed.
Form of Recitals
Recitals generally begin with the word “Whereas”, but, when there are several recitals, one can either repeat
the word before every one of them, by beginning the second and subsequent ones with the words “And
Whereas”, or divide the recitals into numbered paragraphs with the word “Whereas” at the top.
E) Testatum
The next Part of a deed consists of the operative part. It commences with a witnessing clause termed the
“testatum”, which refers to the introductory recitals of the agreement (if any) and also states the
consideration (if any) and recites acknowledgement of its receipt. The witnessing clause usually begins with
the words “Now this deed witnesses”. These words of testatum are of no importance as affecting the
operation of the deed and their sole use is to direct attention to the object which the deed is intended to serve
several objects, use the words “as follows” after the testatum, thus:
“Now this deed witnesses as follows:”
F) CONSIDERATION
As contracts are necessarily for consideration (Sec. 10 of the Contract Act), it is advisable to express the
consideration. This is necessary in many cases of transfer for ascertaining the stamp duty payable on the
deed as Sec. 27 of the Indian Stamp Act requires that the consideration should be fully and truly set forth in
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the deed. The penalty for omission to comply with this requirements is a fine which may extend to RS. 5,000
(vide Sec. 64).
H) OPERATIVE WORDS
Then follow the real operative words which very according to the nature of the estate and of the
transaction. What words are necessary in a particular kind of transaction will be dealt with in the preliminary
note to the precedents relating to that kind of transaction.
Parcels
This is a technical expression meaning description of the property transferred and it follows the operative
words. Care must be taken, on the one hand, to include in the particular description or in general words, all
the lands, etc., Which are intended to pass so that no doubt may arise as to the extent and operation of the
deed; and on the other hand not insert words which will pass more than what is intended.
Map : Sometimes it is necessary to have a map or a plan of the property in order to avoid mistake about
its identity and to indicate the actual property conveyed with greater definiteness and precision. A map
referred to in a transfer deed is treated as incorporated in the deed, and if it is drawn to scale and demarcates
the boundaries clearly it is not permissible to attempt to correct them with reference to revenue records.
Great care should be taken in describing the property, as a slight mistake or omission may cause immense
loss to a party and if the property is described both in the body and the schedule, a conflict between the two
should be carefully avoided.
I) EXCEPTIONS AND RESERVATIONS
All exceptions and reservations out of the property transferred should follow the parcels.
An exception is something in existence at the date of transfer which, if not expressly excepted, would pass
with the property as described in the parcels, such as trees.
K) HABENDUM
This is familier “ to have and to hold” (in Latin, Habendumet tenendum) clause of the English precedents. In
India such phrases as ‘to have and hold” or such an expression as “to the use of the purchaser” are not strictly
necessary but there is no harm in continuing the established practice.
L) CONVENANTS AND UNDERTAKINGS
If the parties to a transfer enter into covenants, such covenants should be entered after the Habendum. Where
several covenants follow each other, they may run on as one sentence, each being introduced with the words
“ and also” or by the words “ First”, “Secondly”, etc. or they may be sent out in paragraph form with the
heading.
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“The vendor hereby covenants with the purchaser as follows—”
Sometimes the terms and conditions of a transfer cannot be conveniently separated into transferor’s
covenants and transferee’s covenants. In such cases, it would be better to include all the covenants under one
head as parties’ covenants thus: “The parties aforesaid hereto hereby mutually agree with each other as
follows:”
M) TESTIMONIUM
The last part of a deed is the testimonium which sets forth the fact of the parties hving signed the deed.
This is not an essential part of the deed, but as it marks the close of the deed there is no harm in continuing
the established practiee. The usual English form of testimonum is as follows:
“In witness whereof the parties hereto have hereunto set their respective hands and seals the day and year
first above written.
The use of seals is not common in India except in cases of companies and corporations, and the proper form
in simple language would be somewhat as follows: “In witness whereof the parties hereto have signed this
deed on the date first above written.”
N) SIGNATURES AND ATTESTATION
After testimonium should follow the signatures of the executants and those of attesting witnesses. If exeutant
is not competent to contract or is a juristic person, the deed must be signed by the person competent to
contract on his or its behalf.
Sale deed
The word ‘SALE’ defined under Section 54 of “The Transfer of Property Act, 1882” is a transfer of
ownership in exchange of price paid or promised or part-paid and part-promised. It means absolute transfer
of tangible immovable property by the vendor to the purchaser by entering into a contract for sale wherein
both the parties will settle the terms and conditions of transfer. Such transfer can be done through the
registered document and thus delivery of the property can be by handing over the actual possession of the
immovable property by the vendor to the purchaser or the person legally authorised by him.
The word ‘SALE DEED’ otherwise called as ‘Conveyance Deed’ is a legal written document executed by
the vendor and the purchaser which evidences the sale and transfer of ownership of the tangible immovable
property. A sale deed is governed by ‘The Registration Act, 1908’ and is an important document for both the
buyer or the transferee and the seller or the transferor. A sale deed is executed after the execution of the
agreement to sell, and after compliance of various terms and conditions between the seller and the purchaser
mutually. A sale deed is the main document which gives details of how the seller got the property, at what
consideration the seller is selling the property and assurance to the purchaser that the property is free from
65
any encumbrances, liabilities or indemnity clauses. A sale deed acts as a essential document for the further
sale of the property by the purchaser as it establishes the proof of ownership of property.
Requirements of Sale Deed:
A sale deed is one of the most valuable legal documents in a purchase or sale of a property. A sale deed is
drafted by legal draftsman on a non-judicial stamp paper of the requisite value as prescribed by stamp act of
the particular state concerned. A draftsman must include certain clauses while preparing the construction of
the sale deed which are as follows:
Name of the deed: It is the parties who have to decide that which deed has to be prepared e.g. THIS DEED
OF SALE or THIS DEED OF MORTGAGE or THIS DEED OF LEASE etc. and based on which there will
be transfer of ownership of immovable property.
Parties to sale deed: An absolute sale deed must contain the names, age and respective addresses of parties
to the transaction and both the parties i.e. seller and buyer must be competent to enter into a contract so that
it will not affect the validity of the valid sale. It is very much important that the sale deed is duly signed and
executed by both the parties with their bona-fide intention. A valid sale deed must start with clear description
of the parties.
Description of the property sold: A valid sale deed must contain full description of the property which is
the subject matter of sale. It must include identification number, total plot area, construction details as well
as its location with its surrounding areas. A schedule of the property must be included in the sale deed which
will define the exact location where the property is actually situated.
Agreement for sale: An agreement for sale is the main requirement of the drafting of the valid sale deed and
both the parties must mutually settle the terms and conditions of the agreement so that it will not affect the
rights of the parties. A sale deed always precedes agreement to sell.
Sale consideration clause: A sale deed must include the clause stating the sale consideration/amount as
agreed between the seller and the buyer which has to be paid by the buyer to the seller on the execution of
sale deed. A sale amount should be clearly stated in sale deed as agreed in the agreement to sell so that there
should not be any onus on the parties to the transaction.
Advance payment if any: If there is any transaction of token amount paid by the buyer to the seller then it
has to be clearly mentioned in the sale deed, and how much is the remaining balance to be paid on the
execution of the sale deed.
Mode of payment: It is always the buyer who has to decide that how he is going to pay the sale
consideration amount whether by Cash /Cheque/ Demand Draft and the same has to be agreed by the seller.
Passing of the title: A sale deed should contain the clause when the original title of the property to be passed
to the purchaser. A time limit should be given to the seller for the transfer of the title. Once the title of the
immovable property is transferred, all the rights will pass to the purchaser.
66
Delivery of the possession: The possession of the immovable property will be transferred to the purchaser
by the vendor once the registration process is completed. A clause in the sale deed must state when there will
be actual delivery of the possession.
Indemnity provision if any: A seller must clear all the statutory charges i.e. property tax, electricity
charges, water bills, cess, society charges, maintenance charges and all other charges relating to the property
before the execution of the sale deed. In case there is any encumbrance on the property, the seller needs to
repay the loan amount and get the property papers cleared of the encumbrance. It is the duty of the buyer to
verify the encumbrance status from the office of the registrar.
Execution: Once the Sale Deed is prepared all the parties to the deed shall execute it by affixing their thumb
impression or full signature. Each page should be signed by the seller and buyer. Any alteration, addition or
deletion is to be authenticated by full signature of the parties. Execution of the sale deed requires to be
witnessed by two witnesses. The witnesses shall give their full particulars and addresses.
Registration: According to Section: 17 of ‘The Registration Act, 1908’, the registration of a tangible
immovable property is compulsory if the value of the respective property exceeds rupees 100/- and it is the
registration of the property which makes the sale valid. For getting the registration done both the parties must
be present before the jurisdictional sub-registrar office with the original documents within four months from
the date of execution. A stamp duty has to be paid by the purchaser to the sub-registrar for getting the
registration done. A certified copy of the registration document to be obtained for the future reference.
Testatum: Once all the terms and conditions have been settled between both the parties, a sale deed is
prepared. The executed sale deed should be witnessed by at least two witnesses one from seller side and one
from buyer side, giving their full names, addresses and signatures.
Original documents: Once the property gets registered under the registration act all the original documents
of the sold property to be hand over by the seller to the purchaser. All the statutory rights along with
ownership, possession, title, interest will get vested in favour of the purchaser.
Default clause: An agreement for sale of immovable property should include the clause stating if there is
any default by the vendor or the purchaser then the party who rescinds the contract need to pay damages to
the other party for the breach of contract so that it will not affect to the execution of the sale deed.
Draft a Sale deed
Sale Deed
This sale deed made on - between ‘A’ S/o ‘B' aged 60 years resident of Ajmer (hereinafter called the seller)
on the one part and ‘C’ S/o 'D', aged 45 years, resident of Jaipur (hereinafter called the purchase) on the other
part.
Whereas the Urban Improvement Trust, Jaipur demised for ninety nine years to the seller by a lease deed on
the a plot of size 40' x 60' in Khasra No. 30, now named as Bapu Nagar, Jaipur, bounded on East by
67
University of Rajasthan, on South by Kanodia Girls College, on the west Plot No. 200 of Shri Ram Chand
and on the North by Plot No. 295 of Shri N.M.Mathur, on yearly rent of 1000/- on the conditions mentioned
in the said lease.
And, whereas the seller has agreed to Transfer the said lease hold rights and to sell his house to C' the
purchaser for Rs. one lac and the purchaser has agreed to purchase the same.
Now this sale deed witnesses as follows-
(1) That in pursuance of this agreement and in consideration of Rs. one lac paid by the purchaser to the
seller, the seller hereby transfer and conveys to the purchaser all that land mentioned hereinbefore, to hold
the same to the purchaser subject to the payment of rent under the lease deed.
(2) That in further pursuance of the said agreement, the seller hereby transfer and sells to the purchaser the
said house to hold the same as an absolute owner but subject to the terms and conditions in the said lease
deed.
(3) That the seller hereby covenants with the purchaser as under-
(a) The seller has full rights to sell in any way the said property. If the purchaser is deprived of the said
property due to any defect in the title of the seller, the seller keep and hold the purchaser saved and
effectually, indemnified against all risks, claims and actions in respect of the house.
(b) The rent payable by the seller under the said lease deed has been paid up to the date of sale deed and all
the terms and conditions to be performed by the seller have been performed upto the date of sale-deed.
(c) The purchaser shall hereafter peaceably hold, use and enjoy the said house without any interruption by
the sellers or any person claiming through him.
(4) That the expressions 'seller' and 'purchaser used in the deed shall, unless inconsistent with the context
include the heirs administrators.
In witness whereof, the parties have signed at Jaipur on date------------in the presence of witnesses.
Witnesses
1…………………… Signature (Seller)
2………………….. Signature(Purchaser)
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Qs:. Draft a Simple Mortgage' deed.
Ans. What is Mortgage Under TP Act 1882?

Simple Mortgage
This mortgage deed is made on the------------ between ‘A’ S/o 'B, aged 45 years, resident of Jaipur,
(hereinafter called Mortgagor) on the one part and "C S/o 'D°', aged 40 years, resident of Jaipur (hereinafter
called Mortgagee) on the other part.
Whereas, the property consisting of two shops of Johari Bazar, Jaipur and one piece of land measuring 40
x60' at Bapu Nagar, Jaipur is the sole property of the Mortgagor.
And whereas, the Mortgagor has borrowed fifty thousand rupees from Mr. ‘C’ on the promissory note on----
and he further requires Rs. 25,000 for the marriage of his daughter.
And whereas, the mortgagor is desirous of paying off the amount of promissory note and of the money to be
received for the purpose of the marriage of his daughter.
And whereas, the Mortgagee is willing to advance to the mortgagor the sum of Rs. 75,000/- as a loan at the
rate of fifteen percent per annum on securing by the mortgagor the repayment of the same with interest by
mortgaging the two shops and a piece of land measuring 40 x 60' situated at Johri Bazar and Bapu Bazar,
respectively.
Now, therefore, this deed witnesses that in pursuance of the above agreement and in consideration of seventy
five thousand rupees paid by the mortgagee to the mortgagor which the said sum the mortgagor hereby
acknowledges as having received in full before the Sub-Registrar, the Mortgagor hereby transfers the above
said property by way of simple Mortgage to the Mortgagee on the following conditions-
(a) That the Mortgagor shall repay the said seventy five thousand rupees within two years together with
interest at 15 percent per annum. This interest shall be compoundable six monthly.
(b) The Mortgagor shall not set up any payment of interest or capital if not evidenced by a receipt duly
issued by the mortgagee.
(c) That the mortgagee shall be entitled, on the failure of the Mortgagor to pay, to obtain a simple money
decree for the amount then outstanding against the Mortgagor or in the alternative to obtain an order for the
sale of the said property hereby mortgaged and out of the sale proceeds of the property pay all expenses of
sale and then apply the balance towards the satisfaction of the amount then outstanding and the surplus if
any, shall be refunded to the mortgagor. If the claim is not satisfied out of the sale proceeds, the mortgagor
shall pay the balance from the other property.
69
In witness whereof the Mortgagor and Mortgagee have hereto signed at Jaipur on----------in the presence of
witnesses.
Witnesses
1………… Signature (Mortgagor)
2………… Signature(Mortgagee)
Unit-VI
Definition of Lease, Attestation and registration of lease deed, lease of a house for a term
exceeding one year, rents being payable every month, surrender of a lease by deed.
Lease (Section 105): A lease of immoveable property is a transfer of a right to enjoy such property, made
for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of
money, a share of crops, service or any other thing of value, to be rendered periodically or on specified
occasions to the transferor by the transferee, who accepts the transfer on such terms. Lease is not the transfer
of ownership, but is a transfer of possession for a specified period of time. Lease can only be of an
immovable property and not movable. For example- X allows Z to use his apartment for living for a time
period of 1 year and 5 months against a monetary consideration of 20,000 per month payable by Z to X. This
agreement is a lease.
How is a lease made- A lease of immoveable property from year to year, or for any term exceeding one
year, or reserving a yearly rent, can be made only by a registered instrument.
Registration of a lease- it is mandatory to register leases of immovable property from year to year, or for
any term exceeding one year, or reserving a yearly rent. It is not mandatory to register a lease deed which is
less than one year.
Lease Deed
70
This Rent Deed made on the----------------- by ‘A’ S/o ‘B', caste-----------------resident of House No. 20, Bapu
Nagar, Jaipur (hereinafter called the tenant) in favour of ‘X' S/o ‘Y’, caste----------- resident of House No.
200, Gandhi Nagar, Jaipur (hereinafter called the landlord).
Whereas under a lease granted by the landlord on-----------the tenant obtained the possession of the house
consisting of two bedrooms, one drawing room, one guest room, one kitchen, one bath room and a tarrace.
The land lord is the sole owner of the said house. The following terms and conditions of Tenancy have been
settle between the parties.-
Now, the rent deed witnesses as follows-
(1) That the tenant shall pay the rent of Rs. 1000/- per month by the 5th day of each month for the house.
(2) That the tenant shall pay all Hosue-Tax, water and electricity charges during his tenancy.
(3) That the tenant shall not, without pre-consent of the landlord in writing, make any alteration or addition
and damage the house.
(4) That the tenant shall not sub-let the said house to any other person.
(5) That the tenant shall keep the house in good condition.
(6) That the tenant shall, after termination of lease, deliver the possession of the said house in good condition
to the landlord.
(7) That the tenant shall use the house only for the private dwelling and not for any other purpose.
(8) That the duration of tenancy shall be for 15 months.
(9) That the lease can be terminated by either party by serving up on the other party the notice of 30 days.
In witness whereof, I 'A has affixed my signature on this rent deed on the day and year stated above in the
presence of witnesses.
Witnesses
1……………. Signature (tenant)
2……….........
71
DEED OF SURRENDER OF LEASE
THIS DEED of Surrender is made at ................. the ................. day of ................., 2000, BETWEEN A, son
of ................. resident of ...............……….. hereinafter called "The Lessee") of the ONE PART and B, son of
................. resident of ................. (hereinafter called "The Lessor") of the OTHER PART.
WHEREAS by a Deed of Lease made at 0................. on ................. day of ................., 2000, between the
Lessor of the ONE PART and the Lessee of the OTHER PART (which lease deed has been registered with
the Sub-Registrar of Assurances at ................. on the ........... th day of ..............., 2000, as Document
No. ................. in Book No. ................. Volume No. ................. at pages No................ to ................. and is
hereinafter called the Lease Deed), the Lessor demised unto the Lessee the land and premises described in
the Schedule to the said Lease Deed (being the same as described in the Schedule hereunder written),
hereinafter called the "demised premises" for a period of ................. years commencing from ................. at a
monthly rent of Rs. ............... on the terms and conditions as set out in the said Lease Deed.
AND WHEREAS the lessor proposes to develop the demised premises by constructing buildings thereon
consisting of flats and then to sell the said flats tothe prospective flat purchasers on ownership basis and has
requested the Lessee to surrender the demised premises, which the lessee has agreed to do so in the manner
hereinafter appearing.
NOW THIS DEED WITNESSETH THAT in pursuance of the said agreement and in consideration of the
sum of Rs. ................. (Rupees .........…………………………………........ ), (the receipt whereof the Lessee
hereby acknowledges), the Lessee as beneficial owner hereby surrender and assign and quit claim to the
demised premises demised by the said Lease Deed unto and to the use of the Lessor TO HOLD the demised
premises unto the Lessor for all the unexpired lease term and interest created by the said lease Deed TO the
intent that the same terms and interests may merge and be extinguished in the reversion which was
immediately expectant thereon before the execution of this Deed AND THE LESSEE hereby covenants and
declares that he has not done any Covenants act, deed or thing whereby or by means whereof he is in any
way prevented from surrendering the demised premises from the said lease.
IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands the day and
year first hereinabove written.
Signed and delivered by the within named lessee
A Signed and delivered by the within named lessor B
WITNESSES;
1.
72
2.
Received from the Lessor B a sum of Rs................. (Rupees …………….................................... only) being
the full consideration payable to me under these presents.
I say received.
(A)
Lessee
WITNESSES;
1.
Qs. Gifts how made, execution and attestation. Deed of a gift property.
Gift (Section 122):
“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without
consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of
the done.
Registration of gift of immovable property- As mentioned above, gift can be of immovable as well as
movable property. However, in the case of immovable property it is mandatory to register the instrument of
the gift deed. Two witnesses have to be present during registration at the sub-registrar’s office to attest the
deed. Once the registration process is complete, transfer of title can be made. Stamp duty of recommended
value has to be paid for registration of Gift Deed. The Stamp duty charges differ from state to state and is
also based on gender. Few states offer a concession in stamp duty if the property is gifted to family member.
Registration of gift of movable property- Registration of gift deed for movable property is optional. Thus,
a simple letter drafted by the donor describing the gift deed and an acceptance letter by the done would be
sufficient to make the transfer of movable property valid. The Gift of movable property can be made by a
registered deed or by mere delivery of the property.
Time limit for registration of a gift deed- a gift deed has to be presented for registration within 4 months
from the date of execution. If a gift deed is executed by several persons at different times then that document
has to be presented for registration and re-registration within 4 months from the date of each execution.
73
Gift to minors- a minor can accept a gift; however, the legal guardian would be in control of the gift until
the minor attains the age of 18. It is to note that a minor cannot be a donor i.e a minor cannot gift a property
to anyone.
GIFT DEED
This GIFT DEED is made at ____-, on this day of ______, 20___, between MR.
________________ Age ___years, Occ:________, Indian Inhabitant, having address at
________________________________________________________, hereinafter referred to as “THE
DONOR” (which expression shall where the context so admits be deemed to include his legal heirs,
administrators, successors and assigns) THE PARTY OF THE ONE PART.
AND
Mrs._______________________________ Age____ years, Occ:_______, Indian Inhabitant, having address

__________________________________, hereinafter referred to as “THE DONEE” (which expression shall
where the context so admits, deemed to include his heirs executors, successors, administrators, and
representatives) THE PARTY OF THE SECOND PART
AND WHEREAS the Donor herein had acquired and purchased a Residential
Premises bearing ____________________________in the Building Known as________________________,
being situate at _______________________________(hereinafter referred to as “SAID FLAT” ) for
valuable consideration;
AND WHEREAS the Donor is the absolute and lawful member of

the________________________________ registered under the Maharashtra Co.op. Society Act, 1960.
AND WHEREAS thus, the Donor is owner of the said flat and hence, the Donor is having 100%
share, right, title , interest in the said flat (Hereinafter referred to as “ said 100 % share in the said flat”) and
the donor is the absolutely entitled to full and absolute right, title and interest in respect thereof as owner
thereof.
AND WHEREAS the said 100% share in the said flat is the self–acquired property of the donor purchased
and acquired by him out of his own funds and means.
AND WHEREAS the donee is the real Wife of the donor.
AND WHEREAS the donor bears love and affection for the donee.
AND WHEREAS out of such love and affection for donor’s Wife i.e. donee, the donor has decided to make
a gift of the said 100 % share in the said flat unto the donee and the donor would like to gift transfer all the
benefits rights, titles and interest in respect of the said 100 % share in the said flat which is more
particularly described in the Schedule written hereunder in the name of the donee;
74
AND WHEREAS the donee is ready and willing to accept the gift of the said 100 % share in the said flat, if
made to his by the donor;
AND WHEREAS THE DONOR DOES HEREBY COVENANT WITH THE DONEE AS
FOLLOWS:-
a. The Donor hereby assures that no notice under any law for the time being in force has been served upon
him in respect of his rights, interest in or benefits in respect of the said 100% share in the said flat.
b. There are no attachment or prohibitory orders as against or affecting the said flat and/or is not the subject
matter of any easements or attachments. The Donor has not received any notice either from the Government,
Semi-Government or Municipal Corporation regarding an of the proceedings in respect of the said 100 %
share in the said flat.
c. The donor has good and clear title free from all encumbrances of any nature whatsoever of the said
100 % share in the said flat and every part thereof and there are no outstanding estates or effects by way
of lease, sale, gift, trust or otherwise however outstanding against the Donor and / or against the said 100
% share in the said flat or any part thereof.
d. The donor has not done any act, deed, matter or thing whereby he is prevented from entering into this
deed on the various terms and conditions as stated herein in favour of the donee and the donor has all the
rights, title and interest to enter into this gift deed with the donee on the various terms and conditions as
stated therein.
THIS GIFT DEED WITNESSETH AND NOW IT IS MUTUALLY AGREED AS FOLLOWS:
The Donor out of his natural love and affection for the donee does make a gift of the said 100 % undivided
share in Residential Premises ______________________________, in the Building Known as
_________________________________unto and to and in favour of the donee TO HAVE AND TO HOLD
the same absolutely and FOR EVER as the owner thereof.
2. That the donee do hereby accept the said gift made to his by the donor.
3. The donee shall get his name entered in the records of the rights in respect of the said 100 % share in the
said flat as the owner thereof.
4. The donor declares and confirms that he has not dealt with his interest and / or transferred and / or
assigned and / or agreed to transfer and assign the benefit in respect of the said 100 % share in the said flat to
any other person or persons whomsoever, and the donor represents that he has full right and absolute
authority to enter into these presents.
5. The Donor shall Co-operate with the Donee without charging any fees to obtain any permission, No
objection Certificate or any other Certificate from the said Corporation, said society or any other local
competent authority.
75
6. The Donee shall observe all the terms and conditions, shall become the exclusive member of the said
society and do hereby undertake to abide by the rules and regulations of the said Co-op. Society/
Corporation, the said society or any other competent authority.
7. The Donor agreed and undertake to sign all necessary papers, documents required by the donee so as to
effectually transfer the his rights in respect of the said flat in the name of the donee.
8. The donor does hereby declare and confirm that he, the donor, shall not have any right, title or interest in
or over the said 100 % share in the said flat or any thereof.
10.The donee hereinafter shall have right and absolute authority to enter into any agreement either in the
form of sale, lease, mortgage, deed, exchange, assignment, WILL or in any other manner whatsoever in
respect of the said 100 % share in the said flat and shall have right to deal with or dispose of the said flat or
any part thereof in any manner whatsoever
10. That the stamp duty, registration chares, cost, and expenses of and incidental to the execution and
registration of this deed shall be borne and paid in equal proportion. .
SCHEDULE OF THE FLAT ABOVE REFERRED TO
ALL THAT premises being residential premises bearing ____________________________________, in

the Building Known as “___________________________”. being situate
at ________________________________ within the territorial limits of Municipal Corporation of
___________ and within the Registration Sub-District of ___________, District ————–.
IN WITNESS WHEREOF the parties hereto have hereunto set their hand and seal the day and year first
hereinabove written:
SIGNED, SEALED AND DELIVERED )
By the within named ‘DONOR’ )
MR_________________________________
In the presence of ……………. )
1.
2.
SIGNED, SEALED AND DELIVERED )
By the within named ‘DONEE’ )

76
Mrs.________________________
In the presence of……………. )
1.
2.
Draft a Power of Altorney
Ans. Power of Attorney is a document of agency whereby the principal appoints an agent to do and execute
certain acts or deeds on his behalf. Various can be found in different enactments like according to the
Bombay Stamp Act it is defined as "any instrument empowering a person to act for and in the name of the
person executing it and includes an instrument by which a person a not being a legal practitioner is
authorized to appear on behalf of any party in proceedings before any court tribunal or authority"
The Indian Stamps Act defines it "any instrument empowering any specified person to act for and in the
name of the person executing it"
Kinds Of Power Of Attorney
Every act performed by the agent within the authority of the Power of Attorney is legally binding upon the
persons granting it. A power of attorney must be given only to a trustworthy person, and only when it is
absolutely necessary. The person who empowers is the Principal and the person to whom the power is
conferred is the Agent.
There are two kinds of power of attorney viz., "General Power of Attorney" and "Special (or limited) Power
of Attorney" .
What is a General Power of Attorney ?. 1.The principal empowers the agent with the right to carry out all
legal acts on his behalf without restricting it to a particular transaction or act, 2. Gives the agent very broad
powers to act on behalf of the Principal
What is a Special Power of Attorney?:1. The authority is restricted to act only on certain matters or only a
particular kind of transaction or to carry out a specific legal transaction for the Principal. 2. The agent's
power of attorney expires on the completion of the transaction.
Registration Of Power-Of-Attorney
1. Registration of power of attorney is not compulsory. it is optional
2. In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a
Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution).
77
3. In other areas, attestation should be by a Notary or diplomatic agents
4. In case an attorney under a valid Power of Attorney himself signs a document, he may, as an executing
(signing) party present/admit execution of a document though it is attested by a Notary, unless the text of the
power specifically excludes such powers
5. Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within
prescribed time of 3 months
6. Registration of power of attorney authenticates the deed of power of attorney
7. Power of Attorney shall be attested by two or more adult independent witnesses who are of sound mind
8. If a power of attorney is in respect of an immovable property of value more than Rs100 it must be
registered.
General Power of Attorney
Know all men by these presents that I-'A' S/o "B, aged 85 years, resident of Jaipur city have become very
old. Due to my old age I generally remain sick also. Because of my old age and sickness it is not possible for
me, now to attend my business and supervise my all immovable properties, therefore, I hereby constitute and
appoint ‘C’ S/o ‘D', aged 25 years, resident of Jaipur city, my lawful Attorney for me and in my name and on
my behalf to do and execute all or any of the following acts and things
(1) To manage transact and carry on every business, matters and things necessary for my business of
wholesale at Johr Bazar, Jaipur under the name and style of ‘A’ & Sons.
(2) To sue for, recover and give discharge for, the demand to receive all moneys, debts, securities. shares
and otherpersonal estates now belonging, or hereafter to belong to me.
(3) To commence, carryon or defend all actions and other proceedings relating to my property or to anything
to which I am a party.
(4) To accept the transfer of my stock, funds, shares, and other securities which shall or may at any time
hereafter be transferred to me.
(5) To accept the rents of the houses, to let out any or all of them, to let out the plots of land to give. Them
cultivated, harvested by hired labour as he deems fit for the proper management of the farm, now
belonging or hereinafter to belong to me.
(6) To settle or submit to arbitration all actions, suits, claims and disputes between me and any other person
or persons, to engage any advocate whenever the said attorney may deem fit necessary.
(7) To draw, endorse, accept and sign any cheque or bill of exchange or promissory note which may be
deemed necessary in the Transaction of my business or in relation to my property.
(8) To invest my money in such manner and upon such securities as my Said Attorney thinks fit.
(9) To take charge of all my properties and business.
78
(10) To attend and vote at the meetings of any company or to act as my attorney or proxy in respect of any
stock or shares.
(11) To appoint, dismiss or discharge in absolute discretion of the said Attorney any agent, officer, clerk,
peon or any other person.
(12) To do, execute and perform all other acts, matters and things whatsoever necessary to be done in
respect of my business and properties, and his acts shall always be deemed to be my own acts.
Provided, however, the said attorney shall have no power to or alienate any of my property except with my
express consent in writing.
Provided also that the said Attorney shall keep complete account of all income and expenditure which shall
be submitted to me as and when I may require.
And, I agree and undertake to satisfy all and whatsoever my said Attorney under the powers in that behalf
hereinafter contained shall do or purport to do under this Power of Attorney.
In witness whereof I 'A’ hereto signed these presents before the witnesses at Jaipur, on--------
Witnesses
1--------------
Signature
2------------- (Excutant A')

79

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1

DRAFTING, PLEADING, CONVEYANCING

(a) The parties to know the facts of the cases , and

(a) Judicial notice,

Q.2.Order VII (Plaint)

Contents of a Plaint-The plaint shall contain the following particulars:

--------Suit for the specific performance of contract.

The format of verification may be in this way-

Qs. Order VIII (Written Statement)

Who may file written statement:-

Time limit for ling written statement:-

Defences in written statement:

Particulars: Rules 1-5 and 7-10

Special rules of defence:-

Different forms of Suits:

Draft a plaint and written statement for the recovery of money?

In the court of District Judge

Place: Balotra Signature (Plaintif)

Place: Balotra Signature (Plaintiff)

date: ……….. Signature (Advocate)

The written statement on behalf of the defendant is as follows-

Place: Balotra Signature (Defendant)

Date;-------------- Signature (Advocate)

Place: Balotra Signature (Defendant)

Date: ……………. . Signature (Advocate)

In the Court of Civil Judge (Jr. Div.)

‘A' S/o B' Aged 30 years, Resident of Baran, (Raj.) -Plaintiff

‘C’ S/o Sh. ‘'’D Aged 41 years, Resident of Baran (Raj)

Suit No--------------. of 2006

Date: Signature (Advocate)

‘C' S/o Aged 41 years, Resident of Baran, Rajasthan

can reside there.

Date:------------- Signature (Advocate)

Date:--------- Signature (Advocate)

Suit for specific performance of contract-

‘C’ S/o "D' Aged 30 years, Resident of Chittorgarh (Raj)

Place: Chittorgarh Signature (Plaintiff)

Date:---------------- Signature (Advocate)

Suit for recovery of Damages for malicious prosecution

‘C' S/o ‘D' aged 36 years, resident of Jaisalmer (Raj.)

Suit for recovery of damages for malicious prosecution

Place: Jaisalmer Signature

(1) ‘C’ S/o 'D' Aged 57 years, Resident of Merta (Raj.)

Civil Suit No……………. of 2007.

Hence, the Plaintiff prays for the following relief-

C' S/o D' aged 37 years, resident of Hanumangarh (Raj.)

Civil Suit No. ------ of 2007.:

Written Statement and Counter Claim of the Suit of the Plaintiff

(1)That the contents of para l are admitted.

(2)That the contents of para 2 are admitted.

(7)That the contents of para 7 are denied.

(10)That the contents of para 10 need no reply.

(11)That the contents of para 11 need no reply.

(12)That the contents of para 12 need no reply.

Hence, the defendant prays for the following relief-

(a)The suit of Plaintiff be dismissed with cost.

Place: Hanumangarh Signature (Defendant

Date:--------- Signature (Advocate)

Place: Signature (Defendant)