DPC _Unit -2-PPT.pptx

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: NINTH
B.A.LL.B/BB.A.LL.B
Name of the Subject: Drafting, Pleading and Conveyancing
Unit-II
Civil Pleadings
FACULTY NAME: Ms. Aastha Sharma
Assistant Professor(Law)

Suit for Recovery under Order
XXXVII of CPC
IN THE COURT OF _____________________________
C.S. (OS) NO ________________ OF 20__
IN THE MATTER OF:
M/s. ________________ ...Plaintiff
VERSUS
M/s. ________________ ...Defendants

SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL
PROCEDURE, 1908 FOR RECOVERY OF Rs. _______/- (RUPEES
_____________)
MOST RESPECTFULLY SHOWETH:
1. The Plaintiff is a Limited Company having its branch office at
_________and having its Registered Office and Factory at __________. The
Plaintiff provides solution for ________technology, technological design and
with highly skilled engineering team provides application oriented solutions
that suits Indian Environment. The present Suit is being filed through Mr.
______, Manager Sales (North), the authorised Signatory of the Plaintiff who
has been duly authorised vide Board Resolution dated 18th _____________ to
file the present Suit on behalf of the Plaintiff.
2. The Defendant No.1 is a Private Limited Company having its office at
______, India.

3. That the Defendant No.2 is the Director of Defendant No. 1 Company and is
responsible for execution of all the functions related to the business of the
Company.
4. That in the year __________ the Defendants approached the plaintiff to
purchase ______________ Products and placed order to purchase products from
the Plaintiff.
5. That the Plaintiff had sold ______________ product worth Rs.
______________/- (Rupees ______________) to Defendant No. 1 and Defendant
No. 1 through its staff had taken delivery of the product as per the details
mentioned below.
INVOICE NO. DATE AMOUNT
6. That the Defendant No. 1 had made payment of Rs. ___________ towards part
payment against the above said invoices. There is a balance of Rs.
_______________ (Rupees ________________ only) receivable by the Plaintiff
against the above mentioned invoices.

7. That on _________________ Defendant No. 1 had issued a cheque
____________ for _____________/- (Rupees _____________ only) drawn on
_________________ to the Plaintiff towards part payment against the remaining
amount.
8. That the aforesaid cheque for Rs. ___________________ /-
(_________________only) was presented by the Plaintiff to the bankers of
Defendant No. 1 i.e. ______________________ .
9. That the said cheque had been dishonoured by bankers of Defendant No. 1
with the reason "Exceeds Arrangement " which was intimated to the Plaintiff by
their Bankers ___________________ through their cheque return memo dated
_____________ received on _____________.

10. That thereafter in spite of many telephonic, e-mail reminders and personal
visit by the staff of plaintiff, the Respondents failed to make the payment due to
the Plaintiff.
11. That the Plaintiff issued a legal notice dated ______________ demanding
amount of Rs. _____________ against the returned cheque, which was not
replied by the Defendants.
12. That the Suit is within the period of limitation.
13. That the cause of action arose in favour of the Plaintiff and against the
Defendants. The cause of action arose on 14-Jun-__, 6-Jul-___, 6-Jul-___, 11-
Sep-___, when the Defendants purchased ____________ product worth
___________ (Rupees ________________). The cause of action arose when the
Legal Notice dated _________ was send by registered post on ____________
upon the Defendants.

14. That this Hon'ble Court is competent to try the present Suit as the Branch
office of the Plaintiff through which the transactions are done is situated in its
territorial jurisdiction.
P R A Y E R
In the facts and circumstances of case mentioned herein above this Hon'ble Court
may graciously be pleased to:
a) pass a decree against the Defendants jointly and severally to pay the sum of Rs.
_________________/- Along with pendent lite and future interest @24% per
annum; and
b) Award the cost of suit in favour of the Plaintiff; and
c) Pass such other or further orders as this Hon'ble Court may deem fit in the facts
and the circumstances of the case.

PLACE: Plaintiff
Through
Dated:
Advocate
VERIFICATION:
I, ______________, the authorised representative of the Plaintiff do hereby
verify that the contents of the para 1 to ______ of the Plaint are true and correct
to my knowledge and as derived from the records of the case, no part of it is
false and nothing material has been concealed there from.
Verified at New Delhi on this ______ day of ______, 20__
DEPONENT

Suit for Permanent Injunction
BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT ____
CIVIL SUIT NO. __________ OF 20__
IN THE MATTER OF:
Mr. _________ PLAINTIFF
VERSUS
Mr. ____________ DEFENDANT

Suit for Permanent Prohibitory Injunction and Mandatory Injunction
restraining the defendant from raising any construction over the suit
land comprising in Khata Khatauni No. _____, Khasara No. __
measuring _____ Biswas situated at _______ restraining the defendant
from causing any construction over the suit land against the Municipal
Corporation Act and Bye-Laws and Town & Country Planning Act and
Rules and also directing the defendant to remove illegal and
unauthorised construction over the suit land owned and possessed by the
plaintiff and also directing the demolition of the construction already
raised or raised during the pendency of this suit on the set-back area of
the suit land owned by the defendant _____and also with the prayer to
direct the defendant to handover the peaceful possession of the suit land
already encroached upon by the defendant No. 1.
Most Respectfully Showeth:

1. That the plaintiff is owner in possession of land comprising in Khata Khatauni
No. _____ Khewat No. _____, Khatauni No. _____, Khasara No. _____
measuring ______ Biswas situated at ________ as per the Jamabandi for the year
______. ______The plaintiff has a building raised on the above land duly
sanctioned by the appropriate authority
2. That the defendant is owner of the land comprised in Khata Khatauni No.
________, Khasara No. ______ situated at _______ as per the Jamabandi for the
year _______.
3. That the defendant No. 1 during the month of __ has started raising further
construction in as much as without leaving any set-backs as prescribed by the law
and further encroached upon the land of the plaintiff by projecting the Chhajjas
towards the land of the plaintiff and thus obstructing light, air and sun to the
building of the plaintiff besides causing nuisance to the plaintiff and his

tenants, thereby depriving the plaintiff of his easementary rights of light, air
and sun, which rights were being enjoyed by the plaintiff and his predecessor-
in-interest from time immemorial peacefully, openly and hostile to the very
knowledge of the defendant or other persons living in the vicinity. The said
rights of easementary have now been infringed by the defendant in the month
of ______ by raising the construction in haphazard manner in asmuch as the
defendant ______
4. That the cause of action accrued to the plaintiff on ______
5. That the plaintiff is permanently residing within the jurisdiction of this
Hon'ble court and all the correspondence from the defendants were received at
his home address and the office of the defendant is located in the territory of
this Hon'ble Court, hence this court has each and every jurisdiction to try and
entertain this suit. ______

6. That the value of the suit for the purposes of jurisdiction has been fixed for Rs.
200/- and for the purposes of declaration and correct and authorized court fee
stamp of Rs. __ has been affixed on the plaint.
7. That no suit has been instituted against the defendants on the same or similar
cause of action in any other court including High Court and Supreme Court of
India.
8. It is, therefore, most respectfully prayed that a decree for Permanent Prohibitory
Injunction and Mandatory Injunction restraining the defendant from raising any
construction over the suit land comprising in Khata Khatauni No. _____, Khasara
No. _____ measuring _____ Biswas situated in _____ restraining the defendant
from causing any construction over the suit land against the Municipal
Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and
also directing the defendant to remove illegal and unauthorized construction over
the suit land owned and possessed by the plaintiff and also directing the
demolition of the construction already raised on the set-back area of the suit land
owned by the defendant and also

with the prayer to direct the defendant to handover the peaceful possession of
the suit land already encroached upon by the defendant No. 1, be passed in
favour of plaintiff and against the defendants with costs of the suit. Such other
reliefs as deemed fit and proper in the facts and circumstances of the case may
also be passed in favour of the plaintiff and against the defendants in the
interest of justice
Place : PLAINTIFF
THROUGH
Date :
Advocate

VERIFICATION
I, ____________, the above named Plaintiff states on solemn affirmation that
contents of Para 1 to __ of the Plaint are true and correct to the best of my
knowledge and belief and those of legal averments are true and correct on the basis
of legal advice received and believed to be true by me.
Verified at ____ on this ______ day of _____ 20__
PLAINTIFF

BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT
_________
CIVIL SUIT NO. _________OF 20__
IN THE MATTER OF:
Mr. _________ PLAINTIFF
VERSUS
Mr. ____________ DEFENDANT
Affidavit
I, ______, do hereby solemnly affirm and declare as under:-

1.______ That the accompanying plaint has been drafted under my
instructions. For the sake of brevity, the contents of plaint are not being
reproduced hereunder in this affidavit. However, the contents of the plaint
may kindly be read as part and parcel of this affidavit.
2. That the contents of paras 1 to ______ of the plaint are correct and true to
the best of my knowledge and paras _____ to _____ are believed to be
correct being legal advise given by the counsel.
3. That I further solemnly affirm and declare that the contents of this
affidavit of mine are correct and true and no part of it is false and nothing
material has been concealed therein.
Deponent

Suit for Dissolution of Partnership
IN THE COURT OF______________________
IN THE MATTER OF:
__________________
Son of ______________________
R/O _________________ PLAINTIFF
VERSUS
________
Son of ___________
R/O_________
DEFENDANT
SUIT FOR DISSOLUTION OF PARTNERSHIPAND RENDITION OF
ACCOUNTS

Most Respectfully Showeth:
1. That the plaintiff and the defendant run the business of retail sale of clothes
since January 2016. The name and style of our brand is “Style Fabrics”
situated at _______. A partnership agreement covering terms and
conditions of the partnership was executed on 01-05-2016. The copy of
the Partnership Deed is attached to this suit.
2. That according to the terms of the partnership, the defendant was in charge
of the internal section of the business ie., supervision and maintenance of
accounts, while the plaintiff was to be marketing executive of the business
for the advertising of the sale of the business.
3. That the defendant had Committed some breaches to the terms of the
partnership which are as under:

a) Defendant did not allow the plaintiff to examine the accounts book.
b) The defendant did not render the accounts for the last 5 years.
c) Now defendant gave over ten packs of clothes to his kinsfolks free of cost
without giving information and taking approval from the plaintiff.
d) The defendant frequently dodges to pay the utility bills of the buildings of
the business. Hence this suit.
4. That the cause of action arose firstly on 04-10-2015 when the plaintiff
required the defendant to render the accounts but the defendant denied to do the
same, and secondly and finally, ten days ago, when the defendant utterly denied
doing the needful.
5. That the plaintiff and defendant reside at___________ and run their business
at___________ therefore, the Civil Court of having the jurisdiction to decree
this suit.

6. That the valuation of the suit for the determinations of court fee and jurisdiction
has been fixed at Rs. 22,000/- therefore no Court fee is liable to be attached on
this plaint.
PRAYERS
In view of the above it is prayed as under:
1. The partnership between the plaintiff and the defendant may kindly be
dissolved.
2. The defendant may kindly be directed to render the accounts of the last 5
years.
3. The shares of the plaintiff and the defendant arising out of the rendering of
accounts may kindly be equally dispersed between plaintiff and defendant.
4. The Costs of this suit may also be conferred to the plaintiff.
5. Any other relief considered probable by this Respected Court may also be
granted.

Place: Plaintiff
Through
Date: Advocate
VERIFICATION
Verified on oath at this __ day of January, 2016 that the contents of the paragraphs
1,2,3 are true to the best of my knowledge while rest of paragraphs are correct to
my information and belief.
Plaintiff

FORMAT OF TEMPORARY
INJUNCTION
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI
IA NO. ___________OF 20…
IN
SUIT NO. ___________OF 20...
IN THE MATTER OF:
Sh. Om Veer Singh,
S/o ____________
R/o ……PLAINTIFF/APPLICANT
VERSUS
1. Dr. U. Basu
S/o _____________________,
R/o …..
2. Sh. Tapan Kumar,
S/o _________________,
R/O
….DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER
XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908
1. That the plaintiff has filed a suit for permanent injunction which is pending
for disposal before this Hon'ble Court.
2. That the contents of the accompanying suit for permanent injunction may
kindly be read as a part and parcel of this application which are not repeated here
for the sake of brevity.
3. That the plaintiff/applicant has got a prima-facie case in his favor and there is
likelihood of success in the present case.

4. That in case the defendants are not restrained by means of ad-interim
injunction for dispossessing the plaintiff from the above said premises no. ___
Uttam Nagar, New Delhi and from interfering in physical peaceful possession
of the above said premises, the plaintiff shall suffer irreparable loss and injury
and the suit shall become anfractuous and would lead to multiplicity of the
cases.
5. That the balance of convenience lies in favor of the plaintiff and against
the defendants

PRAYER:
It is, therefore most respectfully prayed that this Hon'ble Court may be pleased
to :-
a) Pass ex-parte ad interim injunction restraining the defendants, their
associates, servants, agents and their representatives from interfering into the
peaceful physical possession of the plaintiff in the above said premises and from
dispossessing the applicant/plaintiff from the same.
b) pass such other and further order(s) as may be deemed fit and proper on the
facts and in the circumstances of this case.
Place: Plaintiff /Applicant
Through
Date: Advocate

Appeal from Original Decree
under Order 41 of CPC
Procedure For Appeal From Original Decrees ( Order 41)
•The appeal shall be filed in the form prescribed, singed by the appellant,
along with a true certified copy of the order.
•The appeal shall contain the grounds of objection under distinct heads, and
such grounds shall be numbered consecutively.
•If the appeal is against a decree for payment of money, the court may require
the appellant to deposit the disputed amount or furnish any other security.
•A ground / objection which has not been mentioned in the appeal, cannot be
taken up for arguments, without the permission of court.
•Similarly any point of act which was not taken up y the Appellant, in lower
court, cannot be taken up in appeal lies only against only those points which
have been decided by the court rightly or wrongly.

Revision Petition
BEFORE THE HON'BLE HIGH COURT AT _______
CIVIL MISCELLANEOUS PETITION NO.____ OF 20__
IN CIVIL REVISION PETITION NO____ OF ____
IN THE MATTER OF:
Mr.
______ PETITIONER
VERSUS
MR.
________________ RESPONDENT
Application for stay in a Civil Revision Petition under Section 115 of CPC.

1. That the petitioner named above has filed a suit against the respondents
for the recovery of possession of a house situated in……………………,
fully described in the plaint. The suit is pending in the court of Sub-Judge
Ist Class…………………… and the next date of hearing
is…………………… B.
2. That on being summoned the respondent appeared before the court below
and filed his written statement wherein he denied the petitioner's title set
up in the suit property. C.
3. That the trial court framed issues on……………… and directed the
petitioner (plaintiff) to produce evidence, upon which the petitioner
promptly furnished to the court below a list of witnesses and also
deposited their diet expenses etc., making a request that the witness be
summoned by that Court.

4. That on a previous date of hearing that is……………………, 200…, two
witness of the petitioner had appeared and their statements were recorded.
However, the learned Presiding Officer of the court below passed an order that
the remaining witnesses be produced by the petitioner-plaintiff on his own
without seeking the assistance of the court. This order was passed despite a
request by the petitioner that at least those witness named in the list who are
State employees should be summoned by the court, as they are required to
produce and prove some official records. E.
5. That on the next date of hearing the learned trial court by the order impugned
in this revision closed the evidence of the petitioner-plaintiff on the ground that
the remaining witnesses were not produced by him. F.
6. That the impugned order has caused great prejudice to the petitioner and if
the same is allowed to stand the petitioner's suit is bound to fail.

7. That the trial court has unjustifiably denied assistance of the court to the
petitioner-plaintiff to secure the attendance of his witnesses. The interests of
justice demand that he is provided with all legal assistance in this regard.
PRAYER
It is most respectfully submitted before this Hon’ble Court:
To quash and set aside the order under revision and direct the court
below to provide assistance of the court for summoning the plaintiff-witnesses
in the interest of the justice.
Place: PETITIONER
THROUGH
Date: ADVOCATE

VERIFICATION
Verified on oath at this __ day of January, 2016 that the contents of the
paragraphs 1,2,3 are true to the best of my knowledge while rest of paragraphs
are correct to my information and belief.
PETITIONER

BEFORE THE HON'BLE HIGH COURT AT _______
CIVIL MISCELLANEOUS PETITION NO.____ OF 20__
IN CIVIL REVISION PETITION NO____ OF ____
IN THE MATTER OF:
Mr.______ PETITIONER
VERSUS
MR. ________ RESPONDENT
AFFIDAVIT
I, ____________________________, Wife of _____________, Daughter of
______ __________________________ , aged______ years, resident of
_______________ , do hereby solemnly affirm and state as follows:

1. That I am the petitioner in the Civil Miscellaneous Petition and the Civil
Revision Petition referred to above. The deponent herein is well
acquainted with the facts and circumstances of the case and being so,
stands fully competent to swear to this affidavit. The deponent herein will
be referred to as the petitioner hereinafter.
2. It is respectfully submitted that the maintainability of the appeal referred
to above was questioned by the petitioner vide I.A. No _____ before the
district Court on a preliminary ground. The said Court dismissed the said
application by its order dated ____ aggrieved by which the
abovementioned Revision Petition has been filed by the petitioner.
3. For the sake of brevity, the contents of the Memorandum of Civil Revision
Petition may be read as part of this affidavit.

4. It is further submitted that the petitioner bona fide believes that the Revision
Petition is most likely to be allowed by this Hon'ble Court and the order of the
Court below set aside and a declaration made that the appeal is not
maintainable.
5. In view of the aforementioned circumstances, it is clear that if without
hearing the maintainability of the appeal, the same is allowed to be proceeded
with and heard on merits, the petitioner will suffer irreparable loss and injury.
6. It is, therefore, in the interest of justice, equity and conscience that this
Hon'ble Court may stay all further proceedings in the aforesaid appeal until the
accompanying Civil Revision Petition is finally disposed of.
DEPONENT

VERIFICATION:
Verified at on this the _____ day of ,20__ that the contents of the above
affidavit are true and correct to the best of my knowledge, belief and
information and nothing material has been concealed therefrom.
DEPONENT

DPC _Unit -2-PPT.pptx

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