Class Notes

Clinic II

Prof. Jagbir Singh Dahiya and Dr. Sarita Sangwan

Semester VIII
Prof. Jagbir Singh Dahiya

February 6, 2017

Clinic II is the most important subject. It consists of 3 parts- pleadings, conveyancing, and
professional ethics.

Pleadings are the backbone of the legal profession. Pleadings can be bifurcated into civil and
criminal pleadings. This topic deals entirely with the drafting of pleadings. IPC prescribes a
particular offence and punishment. What amounts to murder, rape, etc. and its punishment has
been mentioned. You can take help of the bare act to know the offences and their punishments.
You can take the bare act of the IEA and analyse which evidence irrelevant and which is
irrelevant. Whether a confession can be used against the accused or not etc. But Clinic II deals
entirely with the drafting skills of the advocate. A lawyer must know how a pleadings is drafted
to be filed in court. It is the main skill acquired by the lawyer with the passage of time. She has
to follow certain rules specified in the code of civil procedure.

Civil pleadings- the most important is the drafting of the plaint. Proceedings commence with the
presentation of plaint in court. Order VI, VII and VIII deal with this.

VI deal with institution of plain,

order VII deal with various rules about how the plaint is to be prepared.

Plaint contains the statement of material facts on the basis of which the plaintiff wants the court
to grant relief to her. The key word is material facts. CPC has made it clear that plaint has to be
presented before the competent court and when it is presented court takes cognizance. The
litigant comes to the lawyer and just explains her case. After hearing the client it becomes the
duty of the lawyer to draft the petition on behalf of the client. The client will mention material
and immaterial facts. The lawyer must segregate the material and immaterial facts. She will not
narrate all facts. This depends on the skills of the lawyer. Client will narrate all the nonsense
things to you. Maybe the litigant is illiterate and will just explain her case in detail to you.

1
The other is the written statement (WS). When a plaint is filed, plaint is always filed by the
plaintiff. Notice of the suit is issued to the defendant after which the defendant is required to file
the WS. Lawyer must know how WS is to be prepared. It must contain a reply to each and every
paragraph of the plaint. If the plaint contains 20 paragraphs, the defendant is bound to reply to all
20 paragraphs. She may admit or deny or partly admit or partly deny a particular fact.

After WS is filed, the plaintiff may file a replication. If some new fact has been pleaded by the
defendant in her WS, or has plead a set off or a counterclaim, then the plaintiff may file a
replication (reply to the WS). Whenever the defendant has set up a plea of counterclaim then the
plaintiff can file a replication as a matter of right. But if there is no counterclaim or set off made
by the defendant then there is no right to file a replication. We will discuss what is counterclaim
and set off in detail when we discuss replication. But if the plaintiff wants to file a replication as
reply to some new fact that the defendant has made in her WS, she may do so only with the
permission of the court. Sometimes a witness may create ambiguity during cross examination,
then the party who has called the witness may request the court to conduct a reexamination to
clarify the point. If the court is satisfied that the point requires clarification, may allow a
reexamination. Replication is similar. If the plaintiff wants to file a replication on the ground that
the defendant has plead a fact that was not raised by her in her plaint then she can make a request
to the court to file a replication and if the court is satisfied, that filing of replication is necessary,
then the court will grant leave to file a replication.

Plaint, WS and replication are the most important documents. Issues are always framed on the
basis of the pleadings of the parties. When these three documents are filed we can say that the
pleadings are over.

How is the plaint to be prepared or drafted? You cannot copy it from a bare act or book. It
depends on your skill or ability. You cannot cut and paste these documents. You must know the
art of drafting the documents which is what this clinic deals with. How are miscellaneous
applications filed, to for example bring an LR into the case when the plaintiff has died, or to
implead a necessary party? Or the defendant may want to file a miscellaneous application to
dismiss the suit as being res judicata. If the suit was dismissed for default, and then a month later
the plaintiff wants to file an application for restoration of suit, this will also be discussed.

Likewise in criminal proceedings how is the bail application filed. Accused will only approach
the lawyer and mention the case that has been registered against her. Accused just gives a copy of
the FIR and explains her version of events. How skilfully the anticipatory bail application is
drafted depends entirely on the skill of the lawyer. You may find a broad proforma in books, but
that is not enough. You hear about how great some lawyers are like Fali Nariman etc. Why? It is
their skill.

2
While drafting an application for bail you are required to specify the grounds on which you are
asking the court to grant bails. Grounds of bail must be listed. We will discuss this. Likewise,
charge. How is charge framed against the accused? Court has to decide each issue that is the
bone of contention between the parties in a civil suit. In a criminal suit however, charge is always
framed, not issues. Issues are framed on the basis of pleadings, what is the basis of framing a
charge? Charge is also framed based on criminal pleadings. An FIR is filed and the process is
kicked into motion. FIR will be registered under section 161 CrPC, confession would be
recorded under section 164, there would be a site plan, recover memos, PM report, MLR, FSL
report etc where required. Magistrate will take into consideration all these documents at the time
of framing of the charge. There is a set proforma that is required to be followed whenever a
charge is to be drafted by the court. Prosecution would be required to lead evidence against the
accused based on the charge against her, so the charge must be clear. So how the charge is to be
prepared under IPC, Excise Act, Food Adulteration Act, PC Act etc? We will discuss in due
course.

Sometimes an accused may have committed more than one offence in the same event, then the
courts will have to frame a charge under all offences. Charge shall be drafted under multiple
heads. How are the particulars of the offence to be mentioned, the name of the magistrate, the
contents of the charge etc are to be written. And then how the statement of the accused are to be
recorded. After framing of charge two questions are always put to the accused- have you heard
and understood the charge framed against you? Question two- do you plead to the guilty to the
charge or claim trial? The questions and answers must be recorded. How is statement under 313
recorded will also be discussed under criminal pleadings.

February 7, 2017

You must know the filing procedure in the court. Every plaint is presented in the senior most
court of a district which is the court of the senior civil judge. The senior most court in the civil
side is the court of the civil judge (senior division) and you can only file a plaint in this court. No
other court is authorised. With the advancement of science and technology there is a centralised
system in courts. One person of rank of superintendent is authorised to receive all plaints. The
superintendent is attached with the court of civil judge (senior division) of a particular district.
Once a plaint is handed over, the authorized official of the Court (Superintendent of the Court)
will check that all the documents required under order VII has been complied with such as that it
has been filed in duplicate. She will check the plaint to see it is properly stamped, that court fee
is affixed, power of attorney (vakalatnama) has duly been given in favour of the advocate and the
suit is accompanied with the vakalatnama. The superintendent will see that the prescribed

3
 summons are accompanied with the plaint and if any of these requirements are missing she may
raise an objection. It is not that the lawyer will just prepare the plaint and attach the documents.
Before the plaint there will be an index

Index

1. Plaint (page number)

2. Affidavit of plaintiff (page)
3. Documents (page)
Ex P1 -----
Ex P2 ----
Ex P3 -----

There will be a detailed description of the documents attached. This makes it convenient for the
lawyers, and the judge. When the lawyer asks the judge to peruse something she can just say
exhibit so and so. If proper page numbering and exhibit numbering is available it makes things
easier.

The next page will have the index of cases. This is like the trailer of the civil suit. At the filing
stage, when the superintendent is satisfied that the plaint has all necessary documents and
formalities, she will enter the detailed description of the case in her record. She will add the
name of the plaintiff, complete address, type of case (like if it is a suit for declaration rendition of
accounts, recovery etc.), then enter the name of the advocate who has presented the case. This is
entered in the register known as the Institution Register of Civil Suits. This is the register
maintained in the court which contains all the details of the case filed in the court. Contains
details of the name of the parties, the date of instituting the suit, name of the advocate etc. After
this, the superintendent will affix the seal upon the first page of the plaint or on the back page of
the plaint. The stamp contains these wordings:

Presented by Ms./Mr (name of advocate)

Advocate for plaintiff/ petitioner today. Assigned to the court of Mr./ Ms. .. C.J (S.D) for
disposal in accordance with law.

Counsel to appear on ------- in that court.

Sd

Civil Judge (S.D)

Hisar (name of district)

4
 Name of judge to be left blank by superintendent who is not competent to mention the name of
the judge who will try the suit. The civil judge senior judge will fill the name of the judge. She
may assign it to herself or write the name of the judge she is assigning it to.

Hierarchy of judges- in every district there is one civil judge senior division, under whom there
will be multiple civil judge (junior division) depending upon the requirement of each district.
The civil judge (junior division) is appointed by the High Court. There can only be one civil
judge (senior division) and a suit can only be instituted in this court. The junior division courts
will only decide those matters assigned to them. They cannot entertain civil suits directly, the suit
must be entrusted to them by the senior most judge (civil judge senior division) by way of the
order mentioned above. The civil judge senior division will allocate suits to the junior judges
proportionately. There will be equal division. If there are 7 civil judges (JD), she may assign 3
civil suits to court 1, two to court 2, three to court 3, zero to court 4, five to court 5 and retain one
with herself. The next day she may give fourt to court 1, zero to court 2, six to court 3, two to
court 4 etc. She is not bound to give equal number of matters to all junior judges on the same
day. She has discretion to allocate cases. But there must be proportional allocation at the end of
the month. Apart from the civil judge (SD) there is one Additional Civil Judge (SD) who is also
the chief judicial magistrate. The CJ (SD) is also the ACJM of the district (ex-officio), so both
officers are at par. CJ (SD) has the prerogative to distribute civil suits among the civil judges, but
on the criminal side it is the duty of the chief judicial magistrate. They cannot encroach upon the
powers and functions of the other court. CJM is the supreme authority on the criminal side and
the CJ(SD) is the supreme authority on the civil side. The manner in which the officers exercise
thir powers is different- civil cases are decided by junior division judges based on the order
assigning the case to them by the senior division judge. On the criminal side the CJM distributes
cases based on the police station shown against their names.

Order

1. Mr./Ms. . P.S Sector 10, Dwarka

2. Mr./ Ms. P.S Sector 21, Dwarka
3. Mr./ Ms. P.S Janakpuri
4. Mr./ Ms. .. P.S Uttamnagar

Sd

(CJM)

5
Each magistrates jurisdiction is defined by the CJM and each magistrate will only be able to
hear cases in that jurisdiction. This order will not be passed on a day to day basis as is done on
the civil side, the jurisdictions of each judge will be revised from time to time. However, the
CJM has the power to transfer a case from one jurisdiction to another. The accused may feel that
they will not get justice because the judge is biased, for example. An application for transfer will
have to be filed before the CJM who may transfer the case to another judge with a different
jurisdiction.

The file of the case instituted on the civil side and assigned by the civil judge (SD) to the court of
a particular judge will then be moved to the office of that judge. There are many procedures in
between.

February 8, 2017

Journey of a Civil Suit: Various Stages in Court

When you take a metro from Dwarka to Rajiv Chowk it stops at different stations, similarly a
civil suit goes through many stages.

The first stage is presentation of plaint in a court.

The proceedings in a civil suit commence when the paint is presented in court, no court can take
cognizance of any civil suit until a plaint is presented. Once the suit is assigned to a particular
judge by the civil judge (SD), the counsel will appear in that said judges court for the disposal of
the suit in accordance with law. Once the plaint is presented the court can either return the plaint
to the plaintiffs counsel if the court has no jurisdiction to entertain and try the suit. The court can
make an endorsement on the plaint with the remarks that the plaint must be filed before the
appropriate court. If there is an immovable property at Panipat and the person files a suit in
Karnal then the court at Karnal will return it with the comment that it should be filed before the
Panipat court.

The court may also reject the plaint if the court thinks that there is no cause of action, or that the
content of the suit is an abuse of the process of law. For example, if any person files a suit that
they should be declared the owner of the Red Fort at Delhi. No one can prevent a person from
filing a bogus suit, but the judge can reject the suit. This happens at the preliminary hearing in
the court before the judge to whom the suit has been assigned by the civil judge (SD), the
superintendent has no power to reject a suit. The case should not be patently false on the face of
it. Where the court is satisfied that the suit has been undervalued for the purposes of court fee
etc. the court may ask the plaintiff to make good the court fee within a stipulated time.

6
If the court neither returns nor rejects the plaint, it will issue summons to the defendant. All the
necessary particulars noted in the court of the civil judge (SD) will now be made note of in the
court hearing the suit. Civil Ahlmad is the official responsible for maintaining all civil files. The
criminal Ahlmad is responsible for maintaining all files for criminal cases pending in the court.
The civil Ahlmad will make the entries in the civil register (also called the institution register)-
the names of the parties, the type of the civil case, the date on which it was received etc. then she
will give the plaint to the judge who was assigned the suit.

The civil ahlmad apart from maintaining the details of all the suits filed, she is also duty bound to
implement all orders passed by the court. For example, if the court orders that summons be
issued to the defendant, then it will be the civil ahlmad who will implement the order. The court
will just issue an order in one line- defendants be summoned upon the issuing of processing fee
on this date- then the civil ahlmad will actually issue the summons. Similarly, criminal ahlmad
does the same with criminal cases.

Once the summons have been issued, the defendant will file the written statement. The written
statement must contain a reply to every paragraph of the plaint. The reply should be specific,
definite, certain, it should not be vague or evasive. Defendant can either admit or deny, or partly
admit or partly deny a fact mentioned in the plaint. Apart from giving a para wise reply can also
raise preliminary objections.

Preliminary objections may be that the plaintiff has no cause of action, no locus standi, plaintiff
is estopped by her act and conduct, court has no jurisdiction, bad for want of notice under section
80, res judicata, plaintiff has not come with clean hands etc. Defendant may raise as many
preliminary objections as she wants, provided she has valid evidence to prove it. For example if
she says that the court has no jurisdiction and that it is the revenue court that has the jurisdiction,
she must mention under what provisions. She must show preliminary evidence. In 90% of the
cases lawyers raise preliminary objections irrespective of whether they can actually prove it
during the case or not, that is the trend. This has become fashionable. This is what his experience
as a judge shows. There is just cut and paste, they will raise the same objections every time. They
are always saying is plaintiff has no cause of action, plaintiff is estopped by her actions, that the
suit is not maintainable in the present form. Preliminary objections are always raised before the
para-wise reply.

Copy of the WS is then given to the plaintiff so that the plaintiff knows what is the stand of the
defendant, the case of the defendant. The plaintiff will analyse that she has stated her case in 10
paragraphs and see what the answer of the defendant is.

7
 The plaintiff is given the opportunity to file a replication (reply to the WS). Where the defendant
has set up the claim of counterclaim or set off, then the plaintiff can file a replication by matter
of right because the defendant has given some new points hostile to the plaintiff. Where the
defendant has not raised counterclaim or set off, the plaintiff has no right to file replication, but
may still do so with the permission of the court. She can request the court saying that the
defendant has mentioned this new fact which she (the plaintiff) did not plead in her plaint and
she has been taken by surprise and needs to reply to it. If the court is satisfied that a reply is
necessary, then it will allow filing of replication.

Part I:

1. Presentation of plaint in court- court can either return the plaint or reject the plaint (grounds for
each will be discussed in detail later)
2. Issuance of summons to defendant
3. Filing of Written Statement
4. Filing of replication
5. Framing of Issues

Part II: Framing of Issues

Now we can say that pleadings are over. Whatever the parties want to say in support of their case
is now over, it has been mentioned in the pliant, WS and replication. Now the court will peruse
the pleadings of the parties and apply its mind, then the court will ascertain as to what are the
admitted facts and disputed facts. Any fact alleged by the plaintiff and denied by the defendant
becomes the fact in issue. Court will ascertain what is the bone of contention between the
parties.

Example, the plaintiff may say she is the owner in possession of the suit land which may be
denied by the defendant. So the court will frame the issue as whether the plaintiff is the owner in
possession of the suit land (OPP). OPP= onus to prove on plaintiff

If the defendant admits that the plaintiff is the owner in possession of the suit land then the court
will just decide the case on the basis of the admission, the case will not proceed further. Issues
are framed only where there is contention between the parties.

February 9, 2017

When the case goes to the stage of framing of issues it becomes the duty of the court to frame the
proper issues which are the bone of contention between the parties and the parties want that the
court should decide those particular issues. Issues should be specific- any fact alleged by plaintiff

8
 but denied by the defendant becomes the fact in issue.No issue alleged by plaintiff but admitted
by defendant can become an issue. On what basis are issues framed? On the basis of the
pleadings of the parties the issues are framed. Court will pass the order on the basis of the
pleadings of the parties these are the issues that have been framed. Pleadings means plaint and
written statement (defined in Order VI). But there are judicial interpretations that include
replication as part of pleadings. But if we see the strict interpretation of pleadings under order VI
only plaint and WS form pleadings. Presentation of plaint, filing of WS and filing of replication
from part of the filing stage. The filing stage ends there. The pleadings are over at this point.
Now the court will intervene. The court does not interfere during the filing/ pleadings stage. The
court then steps into frame issues.

Issues may be classified into

1. Issues of fact
2. Issues of law
3. Mixed question of law and mixed question of fact

Issues of fact would be say where the plaintiff has filed a suit for declaration that she is owner in
possession of the suit land and the defendant has no connection with the suit land. The defendant
files a WS stating that she has no objection if the suit is decreed in favour of the plaintiff. Issue
will only arise when a particular fact alleged by the plaintiff is denied by the defendant. Here, no
issue would arise for decision because the fact alleged by plaintiff has been admitted by the
defendant.

Suppose the defendant in the WS says that the plaintiff is neither the owner nor in possession of
the suit land and the plaintiff has no connection with the suit land in any manner. Here situation
will change, defendant has denied the fact alleged by the plaintiff. Here the court will frame the
issue whether the plaintiff is owner in possession of the suit land. This is an issue of fact. There
is no question of law. The plaintiff will have to lead evidence by submitting documents etc to
show she is the owner. Similarly the defendant will also lead evidence.

Suppose the defendant pleads that the court has no jurisdiction under a particular law, and that
the plaintiff should have instituted the suit in the revenue court. This will be issue of law. Or, for
example, the defendant pleads that suit is time barred by limitation, then this will be an issue of
law.

Anurag: If a defendant has raised preliminary objections, then can the plaintiff file a replication?

9
 Dahiya: No. Plaintiff can only have the right to file a replication if the defendant has raised a plea
of set off or counterclaim. If the defendant has only replied to the plaint then the defendant has
no right to file a replication but may do so with the permission of the court.

Mixed question of law and fact- say the plaintiff has filed suit for recovery of Rs.1 lakh on the
basis of P-note where defendant agreed to repay a certain amount given to her by the plaintiff.
Defendant says that she does not owe any money to the plaintiff and even otherwise the suit is
time barred. With this particular fact, the defendant has raised both a question of law and fact.
The first part is question of fact the second part is a question of law. First part will have to be
shown through evidence of some documents. The second portion, where she says the suit is time
barred, is a mixed question of law.

So, issues are only framed on the basis of disputed facts. Sometimes there are questions in the
judicial services exams where the defendant has admitted the facts alleged by the plaintiff.
Candidates think that because there are pleadings a=issues must be framed, but this is not the
case.

The court can treat any issue as a preliminary issue. Generally after the issues are framed the
court calls upon the parties to lead evidence to prove their case. But sometimes the court may
pick up any issue, usually a legal issue, and treat it as a preliminary issue. Suppose the defendant
has raised a question about the jurisdiction of the court in her WS, then court is bound to frame
an issue on this preliminary objection. The court will frame issues on all preliminary objections
raised by the defendant in her WS.

Suppose the defendant has raised the following preliminary objections

1. That the plaintiff has no cause of action and locus standi to file the suit.
2. That the civil court has no jurisdiction to try this suit.

When the court frames its issues, it only replaces that with whether. Every things else
remains the same.

1. Whether the plaintiff has no cause of action and locus standi to file the suit? (OPD)
2. Whether the civil court has no jurisdiction to try this suit? O.P.D

Because the defendant raised this objection the onus to prove falls on her. If the defendant has
raised 10 preliminary objections then issues must be framed for all such issues.

Court can treat any of these issues as preliminary issues. Suppose the court has framed 7 issues,
before the parties are called upon to lead evidence, the court may, either on its own or upon the
application of either party, treat any issue as a preliminary issue. A legal issue, such as those

10
dealing with jurisdiction, can be treated as preliminary issue because no evidence is required
from the parties. The judge can just look at the relevant laws and then hear the arguments of the
parties and then decide the preliminary issues. If the court finds that it has no jurisdiction then
the matter ends there, there s no need to hear the other issues. If, out of 7 issues, 2 are issues of
fact and 5 are preliminary objections, one of which is that the suit is barred by the limitation Act.
The suit can treat this as a preliminary issue, and by looking at the Limitation Act finds that the
suit is time barred, then the matter ends there. The court need not treat any issue as a preliminary
issue, but has the discretion to do so. Usually, legal issues are treated as preliminary issues.

Then the court calls upon the parties to lead oral and documentary evidence.

Suppose the burden to prove the first three issues is on the plaintiff and next four issues is on the
defendant, then the court will adjourn the case for plaintiffs evidence. The court will call upon
the plaintiff to lead oral as well as documentary evidence for the first 3 issues because the burden
to prove these issues is on the plaintiff, and will then close the evidence.

The next stage will be defendants evidence where the defendant will lead evidence to prove
issues number 4-7 because the burden to prove these issues is on the defendant.

But suppose there are only two issues framed for the case and burden for both fall on the
defendant, then the court will call upon the defendant to lead evidence. Then the court will call
upon the plaintiff to rebut the evidence.

Once all parties have lead evidence, the next stage is rebuttal evidence.

The plaintiff will be given the opportunity first to lead rebuttal evidence after the defendant has
lead evidence. 80% of the time this is not exercised by the plaintiff. Sometimes the plaintiff may
want to and will be allowed to.

The next stage will be arguments. They can produce various judgments and precedents of high
courts, supreme court etc. and make their arguments.

The final stage is the judgement where the suit will be decreed, dismissed, partly decreed or
partly dismissed.

February 13, 2017

Journey of a criminal case: various stages

11
The proceedings in a criminal case start with the presentation of a final report after which the
court will take cognizance of an offence committed. Final report is not only a single document it
is accompanied with various documents. First is FIR- the complaint lodged against the accused.
The following are the documents attached with the final report:
1. FIR
2. Statements of witnesses recorded by the police u/s 161 CrPC. The police will record the
statements of witnesses who may have seen the offence, the doctor witnesses in case the doctor
has medico-legally examined the witness
3. Statement of witness recorded by the magistrate u/s 164 CrPC. If such statements are
recorded by the magistrate then they will be produced with the final report
4. MLR (Medico-legal report) or PMR (post mortem report in case of death cases) and FSL
report (forensic science laboratories reports, if the FSL has been used to anaylse some evidence,
blood samples, clothes etc, it must be produced with the final report).
5. Site plan- the description of the place where the alleged crime took place. It will contain the
location and the exact depiction of the scene of the crime
6. Recovery memos- if the police has taken into possession the weapon of offence, if the weapon
was recovered based on the disclosure statement of the accused (u/s 27 CrPC) then the statement
and the recovery memo will both have to be produced.
7. Disclosure statement
8. All the documents- police may have taken into possession certain documents which may
have bearing to the offence committed by the accused, say a document to prove the title of the
deceased or any other document relevant to the case, then those documents will be attached to
the final report.

Final report may run into 2-3 pages which would mention the description of the case as
mentioned in the FIR. The version in the FIR is reproduced in the final report. Then the police
will add the stages of investigation in brief, about how a sub-inspector visited the scene of
offence and prepared site plan for example. So in 3-4 pages the police will describe the entire
case, a precis of the entire case. This final report will be accompanied by all the documents listed
above. All these documents will be relied upon by the prosecution to prove the case.

Contrary to this, in a civil case, the first stage is presenting of plaint accompanied by the
documents that the plaintiff will rely on for her case.
Once all the documents and the final report are presented, the case will begin.
Kanchan: what is the difference between final report and charge sheet?

12
Dahiya: It is the same thing. Final report is the term used in the CrPC. Colloquially it is referred
to as challan. We will come to charge sheet later. (okay, he just contradicted himself)

Copies of challan have to be supplied to the accused free of cost u/s 207. If there are many
accused, each accused will have to receive the challan and all documents. The police will have to
produce sufficient number of copies. In a civil suit, summons is issued to the defendant and
summons. Section 207 of CrpC clearly provides that copy of challan and all documents will have
to be supplied free of cost to the accused. The purpose of supplying these documents is so that
the accused may know what are the accusations against her and what is the incriminating
evidence will be lead by the prosecution against her, and to know what the witnesses will say
against her. The accused is given a chance to go through all this evidence so that she may set up
her defence.
In a civil case there is framing of issues, while in a criminal case charges are framed, no issues
are framed.
Stage 1- we can say that criminal pleadings are over. We dont really have a law for criminal
pleadings like we do for civil cases (order VI,VII, VIII of CPC), but roughly we can say stage 1
is criminal pleadings.
Framing of charge- the court will consider whether a prima facie case is made against the
accused or not. On what basis are charges framed? In a civil suit, the issues are framed based on
the pleadings. In a criminal case if the court feels there is no prima facie case against the
accused, the court will discharge the accused. There will just be a brief order stating that the
judge is of the opinion that there is no prima facie case against the accused and that there are no
grounds to frame charge against the accused. This happens only in 1-2% of the cases, usually
charges are framed. Supreme Court says that charge can be framed against the accused simply on
the basis of the allegations mentioned in the FIR if that discloses an offence. Charge is always
framed after hearing the arguments of the prosecutor for the state and the counsel for the
accused. The court at the time of framing the charge will peruse the final report and all
documents attached with the final report (like in a civil case the court will frame issue based on
the pleadings). Charge is always framed on the basis of the perusal of the final report and all the
documents attached with the final report. Because all these documents have been collected by the
police during its investigation. And the court will decide on this basis whether the charges should
be framed against the accused.

After framing of charge two questions are put to the accused- so and so, son of so and so,
resident of so and so, without oath, do you plead guilty to the charge of (whatever the charge is).
If the accused says yes, then the court will proceed to give sentence. If the accused says no and
that she claims trial, then the court will call upon the prosecutor to lead evidence.

13
 The next stage is evidence of prosecution. If the police says the ASI, Satram Singh, registered
the FIR, then the prosecution will examine the ASI. Then the prosecution may examine the
witnesses, the doctors who wrote the MLR/PMR. If FSL is produced by a government source
then it is per se admissible, but the court may call the chemical examiner if it wants to. But if the
FSL report is produced by a private lab then the person who prepared it has to be examined.
Then the prosecutor will go over the site plan, examine the police official who made the site
plan, recovery memos, disclosure statement and any other documents.

After this the prosecutor will close the evidence and the case will proceed to the next stage-
statement of the accused under section 313 of CrPC. The court will put all the incriminating
material that has come out during the examination of the witnesses in court or the documents
produced to prove the guilt of the accused, in question form. The answer of the accused will be
sought. In the end the court will ask why the case has been made agsint you and why the
witnesses are saying this about you? Then the court will ask if the accused wants to say anything
else.
Then the next stage will be defence evidence. Then the next stage will be that of arguments. The
final stage will be that of judgement- the court will find the accused guilty/ innocent and then
pass the sentence.

Stages of a criminal case:

1. Presentation of final report u/se 173 Cr.PC

2. Copies of challan and other documents shall be supplied to the accused u/s 207 of CrPC
3. Framing of charge
4. Evidence of Prosecution
5. Statement of Accused u/s 313 CrPC
6. Defence Evidence
7. Arguments
8. Judgement

February 14, 2017

SLIDE- Pleadings in General

1. Pleadings are the backbone of legal profession. Drafting is the function of advocate
2. Whole case of party depends as to how skilfully it is drafted by an advocate

14
3. The case of a party must be set out in his pleadings which are to be proved in court.
4. Relief cannot be claimed on the grounds which are not contained in pleadings
5. Vague matters should be avoided. No party is permitted to go beyond pleadings.

If a particular fact is not pleaded in the pleadings, the court will not take it into account later. The
court will frame the issues on the basis of the pleadings. The defendant is not only required to
reply to each paragraph of the plaintiff but can also plead a new factor set up a counterclaim.
Defendant can also raise preliminary objections which are raised before the para-wise reply is
given in the WS. All pleadings per se will not be taken in to consideration by the court. Whatever
is pleaded by the plaintiff and whatever disputed facts are identified by the court, that has to be
proved by the plaintiff. Likewise the defendant has to prove after issues are framed. Its not
enough to just deny what the plaintiff has said, whatever facts are pleaded in the WS have to be
proved. Plaintiff is bound to prove the contents of the plaint and defendant has to prove her
pleadings. Plaintiff is estopped from claiming a relief that is not pleaded in the pleadings.

She is limited by the facts pleaded by her as well. Suppose the only prayer that the plaintiff has
made that the defendant not be allowed to dispossess the plaintiff from the suit land. But if the
defendant has already dispossessed the plaintiff and the plaintiff has not made any other prayer.
But suppose the plaintiff had prayed that the defendant should be prevented from dispossessing
the plaintiff and if the defendant succeeds in forcibly dispossessing the plaintiff then the court
should grant possession, then the court can grant the alternate relief.

Pleadings should avoid vagueness- where meaning is not clear. They will not be considered by
the court.

Party cannot go beyond the pleadings. The parties can only lead evidence limited to their
pleadings. Parties cannot lead evidence regarding a fact not pleaded in the plaint/WS. Whatever
evidence is pleaded by the parties, the parties will be limited by that.

SLIDE- Object of Pleadings

To give fair chance to the parties to know the case of each

To narrow down controversy to definite issues on which the court to give decision
To ascertain the points on which parties agree and those on which they disagree
To assist the parties and court in its adjudication
Pleadings should receive a liberal construction. Not defeated due to technicalities

15
 Pleadings can be rectified. To avoid this lawyer should acquaint herself with facts and law and
only then she should proceed to draft a plaint, WS, replication.

Sometimes the defendant may admit to some facts pleaded by the plaintiff. For example, the
plaintiff may say that a sale deed was executed by the defendants father in favour of the
plaintiff. The defendant may admit that a sale deed was executed, but the defendant may dispute
the legality of the sale deed because the father was not the owner/ there was no legal necessity.
Then the defendant will have to lead evidence about legal necessity. The court has been able to
narrow down what was in dispute instead of having parties leading evidence on everything. If the
plaintiff says that the father of the defendant sold the property to meet family expenses which is a
legal necessity. Defendant may lead evidence may say that no money was spent on the family
from the proceeds of the sale of the suit land. Then the plaintiff my prove that the money was
used for the marriage of the daughter.

Law says that if the pleadings are defective in any manner due to the fault of the lawyer or any
other reason, they can be amended later, so that the parties do not suffer due to technicalities.
Maybe the lawyer was very junior. If the pleadings are not rectified the parties may suffer. Its
not that once pleadings are filed that they become final. They are subject to rectification. Courts
are liberal when it comes to allowing rectification. The only exception is that courts will not
allow amendment if it results in changing the nature of the case, where it completely changes
what the earlier pleadings stated. The court may allow the party to withdraw the suit and file a
fresh suit for the same cause of action. The suit will be dismissed as being withdrawn. The
litigant should not suffer for the fault of the lawyer. Once pleadings are filed in the court, they
become part of the judicial record, so if rectification has to be made then application for
rectification has to be made before the court. And the copy of the application for rectification
will be given to the opposite party. The opposite party may raise objections such as it being an
afterthought and that the party is trying to plug a loophole. After hearing both sides the court may
grant or reject the application for rectification.

Pleadings cannot be drafted in a conventional essay type manner. It must be para-wise. Each and
every fact should be a separate, small paragraph. And in the end the prayer should be specific
and clear. Simply because the pleadings can be amended, doesnt mean that the lawyer should
be drafted casually.

16
 In deciding whether a rectification should be allowed, the court will consider how important/
relevant it is. In 97% of the cases, it is allowed.

Dahiya, so repetitive. Kill me.

February 15, 2017

SLIDE Fundamental Rules of Pleadings

1. Pleadings must state material facts on which they rely for their claim
Advocate after listening to her client to decide which facts are material

Particulars of fraud, misrepresentation, undue influence, cheating, defamation breach of

contract etc are material facts
Do not anticipate your opponent's pleadings and plead to any matter which is not all
1. Pleadings to state material facts and not evidence by which they are proved
2. Pleadings to be concise, precise, certain, clear, definite, specific
Pronouns avoided and instead plaintiff or defendant be used
Parties can take alternate pleas meaning thereby the are entitled to rely upon two or more sets of
facts
Parties not permitted to give evidence for new case inconsistent with pleadings

If you see order Vi of the CPC contains certain fundamental rules for pleadings. No court is
interested in going through lengthy, irrelevant pleadings/ proceedings. Courts are overburdened.
Courts are interested in concise pleadings. Who is to decide whether a particular fact is material
or immaterial? It has to be the advocate because it is the function of the advocate to draft
pleadings.

Where the plaintiff alleges that the defendant has committed fraud against her and gotten her
signature. Brief particulars of fraud are material facts. The plaintiff can write in brief that she
was taken at a particular place, terrorised by the defendant and by force her signature was taken.
So brief particulars about fraud, cheating, undue influence etc are material facts. If the plaintiff is
alleging that defendant defamed her and her reputation in the eyes of the public has reduced, that
is not enough. The plaintiff will have to specify how- whether an article was published in the
newspaper, or whether the defendant accused the plaintiff of theft in front of a gathering of 25
people. These would all be material facts.

17
Do not anticipate your opponent's pleadings because sometimes the opposite party may not give
the reply anticipated by you. The defendant may not give that specific reply ifit is already
anticipated by the plaintiff.

Pleadings should only contain the material facts and not the evidence that will be used to prove
it. Why? Because the parties can lead evidence at the proper stage, and the proper stage for
adducing evidence comes after framing of issues. Parties cannot plead in the pleadings that I
intend to prove this fact based on this evidence. Court will call upon the parties to prove the
material facts at the stage of leading evidence. The court will frame issues based on the pleadings
of the parties and the court will ask parties to lead evidence on only material facts pertaining to
those issues. Parties cannot have recitals in their pleadings that state any evidence. Court wants
that the parties give specific evidence based on the issues framed by the court.

The pleadings should speak for themselves. The court should be able to ascertain what each party
wants. Where plaintiff is asserting that she is owner in possession of the suit land, the defendant
must either deny it or admit. Defendant may say, yes, plaintiff is owner in possession- which is a
clear cut answer. Or she may deny it saying plaintiff is neither owner nor possession, which is
again clear cut answer. Or she may partly admit and partly deny. But if the defendant says that
the plaintiff is not the owner, and she is also not the owner. Then this is an unclear answer. Who
is the owner and why is the plaintiff is possession. The defendant is not answering the plaintiffs
allegation.

In all pleadings pronouns should be avoided. If plaintiff is Ram Lal and defendant is Shyam Lal,
then you must not use their names. You will address them as plaintiff and defendant. In the
plaintiff will use the words the plaintiff and the defendant in her plaint. This nomenclature in
case of petitions will be the petitioner and the respondent. Plaintiff and defendant is used
only in cases of civil suits. But petitioner and respondent will be used for any petition whether it
is under the Hindu Marriage Act or a writ petition or any other Act.

In case of Injunction applications or any applications under order 39- applicant/plaintiff (written
as applicant oblique plaintiff) because this is an application to the main suit. Where application is
filed no decree is filed, it will either be accepted or dismissed. In case of suits they are either
decreed or dismissed.

18
 Parties are entitled to make more than one plea and rely on two sets of facts. Say the petitioner
files a petition under section 9 of the HMA for restitution of conjugal rights where he says that
she has deserted him and that she should be directed to return to his company as his legally
wedded wife. She may reply that she is not the legally wedded wife, and even if the marriage is
proved, then the marriage is null and void because she was a minor at the time of marriage .
Defendant has relied upon two sets of facts and taken alternative pleas. Defendant ne dono
haatho se laddoo le liya. If plaintiff is able to prove the first set of facts and the defendant is able
to prove the second set of facts then the case will go to the defendant. The plaintiff may have
been able to prove the factum of marriage by examining the purohit of the temple, produced the
certificate of marriage, and so the marriage has been proved. The wife would have then lost the
case if she hadnt taken the alternate plea of it being null and void. Likewise where the plaintiff
has filed a suit for recovery of money based on a pronote. The defendant may raise two pleas that
she never borrowed any money from the plaintiff, and even if it is proved that the defendant
borrowed money, the suit is time barred. Therefore the parties can rely on two or more sets of
facts.

February 16, 2017

Kanchan: (with respect to yesterdays example of alternative pleas) if the suit is time barred why
would the court hear it at all? Wont it treat this as a preliminary issue?

Dahiya: Not if it forms part of a mixed question of fact and law.

SLIDE
1. Pleadings to state facts only and not law or legal inferences or conclusions of law
Not enough to allege misconduct or employee, breach of contract, negligence on the part of
defendant as the same would be conclusions of law, facts which constitute the aforesaid things
must be stated.
Not sufficient to allege that Abu Mohd made a gift to plaintiff as it will be conclusion of law
from the facts which are not to be stated directly in the pleadings.
In a suit for damages for negligence, not enough to allege that defendant was negligent
Not sufficient to say that defendant does not owe to the plaintiff but he must allege such facts
which go to prove that in the circumstances defendant does not owe to plaintiff
The basis of judgement cannot be on the grounds which have not been pleaded.

19
The reason is that it is the function of the court to deal with the law and draw legal inferences.
Parties can plead facts in the leadings, but cannot suggest that the court should draw this
reference. If the parties are permitted to draw legal inferences, then what will the court do?
Everything will be done by the parties then. It is the function and power of the court to apply the
law, and to draw inferences from the pleadings of the parties.

If the plaintiff says that the defendant has misconducted himself, that will be a conclusion of law.
Instead the plaintiff should lay out the facts that show misconduct, and then the court will draw
the inference of whether it is misconduct or not.

It is not appropriate to allege that a gift was made to the plaintiff, because that will be a
conclusion of law. Rather it should be stated that on a particular day Abu Mohd made a gift, in
the presence of the following witnesses, and the deed was signed etc. Plaintiff must lay out the
relevant facts that show that a gift was made. The things that constitute a particular fact must be
laid out.

Whether the defendant was negligent or not is to be decided by the court, and the plaintiff must
only lay down the material facts that will enable the court to draw that inference. Plaintiff has
filed a suit for recovery on the basis of a pronote, that the defendant signed for interest at 9%.
The defendant must plead that she has not borrowed any money, or that she has repaid the money
on so and so date in so and so place and that the plaintiff entered the transaction in her ledger.
She cannot just plead that she does not owe any money. That is a conclusion to be drawn by the
court.

But the basis of the judgment cannot be any ground, it must be grounds pleaded by the parties.
Court frames the issues on the basis of the pleadings, and gives its findings on each of those
issues only. The court cannot go beyond the pleadings.

SLIDE - Exceptions
1. Foreign law, if applicable, must be pleaded as a fact
2. Mixed questions of law and facts
3. Condition precedent, eg. legality of notice u/s 80 CPC
4. Customs or usages of trades shall be pleaded like other facts
5. The fact of negligence, right or liability, unlawful or wrongful act be pleaded.

20
Foreign law- both the parties may be bound by foreign law, or one of the parties may be a US
citizen for example, who may plead that some law applies to them even within the territory of
India. The court is not expected to know foreign law, so if any party wants to take advantage of
foreign law, it must be pleaded as a fact. Say the plaintiff has filed a suit for declaration, and the
defendant is residing in the US, and she may want to plead that as per some law in the US that
the Indian Courts are not competent to apply US law. Surabhi and Siddharth ask if this isnt a
jurisdiction issue, and is there any example of courts applying foreign law? Dahiya doesnt
really seem to be able to answer this. Dahiya says he has never in his time as a judge had a party
plead foreign law. Basically, the party is given the right to plead foreign law. If the party pleads a
foreign law, then she must produce the Act and the relevant section. Siddharth asked how Indian
courts are competent to consider foreign law, Dahiya says that they are.

If there is a mixed question of fact and law, then the law can be pleaded. Defendant may say she
has not borrowed any money from the plaintiff and even then, the suit is time barred. With
respect to the first part, it is a mixed question of fact and the defendant will have to lead evidence
to establish the fact, the second part is a mixed question of law, which can be pleaded. This is an
exception to the rule that the law cannot be pleaded.

If the plaintiff has filed a case against the Union of India without serving notice u/s 80 CPC, then
the defendant can take the plea that the suit is bad for want of notice u/s 80. This is pleading the
law, but that is allowed. The defendant may either frame this as a preliminary objection or as part
of the main WS. Service of notice upon the government is a condition precedent for instituting
the suit and hence can be pleaded.

A custom may be prevalent for either party or both parties, so if any custom applies to a party, it
can be pleaded as a fact by that party.

Pleadings are supposed to mention the facts that constitute that fact. However, the above
mentioned things are an exception, where law can also be pleaded. Otherwise the parties are only
allowed to plead material facts and the court will draw the conclusion of law. Law is allowed to
be pleaded only for the above mentioned exception.

Even in criminal trials, the prosecutor is not allowed to draw the inference of whether the
accused is guilty, that is the job of the court. The court in its judgment will evaluate all the
evidence that has been lead, and then its last paragraph the court will state whether the

21
 prosecutor has made her case and whether the court holds the person guilty. As a result of my
discussions on the aforesaid issues, I am of the considered view that the prosecution has
miserably failed/ succeeded in establishing the guilt of the accused beyond all reasonable doubt.
Hence, we acquit or hold the accused guilty.

No party can say in its pleadings that on the basis of my pleadings I am entitled to the following
conclusions. If the parties raise the inference/ conclusion of law on the basis of pleadings, then
they will be interfering with the functions of the court.

Order VI of CPC deals with pleadings. It contains 18 rules. Rule 1 gives the meaning of the word
pleading

February 17, 2017

SLIDE - Order 6 (18 Rules in total)

1. Pleading- pleading shall mean plaint or WS
2. Pleading to state material facts and not evidence
3. Forms of pleadings as shown in Appendix A shall be used
4. Particulars to be given; fraud, misrepresentation, breach of contract, willful default, undue
influence with dates and item
5. Further and better statement or particulars; omitted by Amending Act 1999
6. Condition precedent the performance of which is intended to be contested
7. Departure: No pleading shall raise new ground or claim inconsistent with previous pleading
8. Denial of contract: by opposite party shall be construed only as a denial of the express contract
alleged and not as a denial of the legality or sufficiency in law
9. Effect of document to be stated briefly without setting out the whole or any part
10. Malice, knowledge, fraudulent intention or condition of mind of any person should be stated as a
fact without setting out the circumstances from which infe
11. Notice to any person of any fact, matter or thing should be stated as a fact
12. Implied contract or relation between any persons is to be implied from a series of letters or
conversation, sufficient to allege such contract or relation as a fact
13. Presumption of law: any matter of fact which law presumes in his favour not to
14. Pleadings to be signed
15. (14-A) Address for service of notice: registered addresses;incomplete; or false address
16. Verification of pleadings;
(there are random words missing in the slides, the sentences dont seem to be complete)

Appendix A is very useful for law students and young lawyers because they can make use of the
format given there. Appendix A also contains the various arguments that a defendant can raise in

22
suits involving pronotes, injunctions and some other things (missed). Appendix A does not
contain all types of forms/ types of claims in different cases. It contains only certain types of
plaints for the knowledge of the legal profession. Plaint should be drafted in the format given in
Appendix only as far as possible. If a particular civil suit is not mentioned in Appendix A, then
they should be tried and framed in a similar manner as far as possible.

If the plaintiff has filed a suit alleging fraud against the defendant then she should narrate brief
particulars of fraud including date, month , year and item in their pleadings.

Condition precedent- example filing of suit without serving notice u/s 80 CPC (see earlier
example). If any party wants to contest a condition precedent it should be pleaded as a fact.

Once the pleadings are filed, the parties cannot raise new grounds/ claims which is inconsistent
with the pleadings that are filed. The only exception is when an application for amendment is
filed and the court grants the party permission to amend the plaint. Court only grants permission
to amend only if it thinks the amendment is necessary to clarify some new fact, but the parties
cannot use amendments to make out a new case that is quite inconsistent with the old case. Say
the plaintiff filed a suit for permanent injunction to restrain the defendant from disturbing the
peaceful possession of her property, and the defendant files a WS to say that the plaintiff is not in
possession of the suit land. Based on this issues are framed and say the evidence is completed.
The plaintiff files an application for amendment, the plaintiff raises the plea that she be granted
possession of the suit land. This is inconsistent with previous pleadings where the plaint
originally said that the plaintiff already had possession of the suit land. If the court allows this
amendment it will completely change the nature of the suit. The suit was originally one of
permanent injunction and now plaintiff wants to convert it to a suit for possession. This is not
allowed through amendment of pleadings. The appropriate course of action would be to
withdraw the suit and seek leave from the court to file a fresh suit seeking possession of the suit
land.

Where any case is based on the denial of contract, the denial will be construed only regarding
that contract but not the legality of that contract.

Effect of documents- Say the plaintiff is claiming ownership on the basis of a sale deed, then the
plaintiff should state the effect of the sale deed. She is not required to write the contents of the
sale deed, but need only write the effect of that document. Here she may say that it establishes
that she has valid title over the suit land making her the owner in possession of the suit land. She
need not specify what it states. If the plaintiff is claiming ownership on the basis of an adoption

23
deed, making her the rightful heir of the property of the adoption deed. We get it. He gave the
same example of a gift deed as well. It can be any documents, sale deed, gift deed, will etc. You
need to state the effect and not the contents of that document if it is being relied upon.

Where any case is based on malice, knowledge, intention- should be stated as a fact instead of
setting out the facts (circumstances) in detail on the basis of which the inference can be drawn.
Because inference is the job of the court. This makes no sense to me.
There may or may not be requirement of notice. The landlord may have filed a suit for eviction
of tenant. Before filing a suit, the landlord may have served a notice to the tenant to vacate the
premises. After waiting for 6 months from issuing the notice, the landlord files a suit. Then this
notice must be pleaded in the pleadings. Landlord will have to mention that she served a notice,
through her counsel, dated blah blah. Likewise where the plaintiff has instituted a suit against the
government after issuing notice as required u/s 80 CPC, and filed a suit after 3 months, then the
plaintiff is required to plead about the service of notice as a fact. Parties are not required to
mention the contents of the notice, but it must be pleaded as a fact. Whether it was a statutory
notice, or legal notice, or even if it was not required, you must let the court know that you did it.

Whether there exists a relationship of landlord-tenant between the parties? It will be sufficient to
allege the relationship of tenancy as a fact. To prove this, various letters, can be produced, which
speaks about the relationship of the parties.

No presumption of law shall be pleaded in the pleadings. Any fact which the law presumes in
your favour need not be pleaded because the court will take care of that assumption. Courts can
raise the presumption of law. Parties may raise preliminary objections but it should not be stated
as a fact. Court can raise the presumption of law in favour of a party even if the party does not
raise it herself.

Pleadings must be signed by parties and their authorised counsels. But if the party is unable to
affix the signature then pleadings can be signed by any person duly authorised by the party. For
example, the party may be outside the country and she may authorise her younger brother to sign
the pleadings.

February 20, 2017

Rule 14-A says whenever the pleadings are filed in court, after being duly signed by the parties,
must contain a statement in the prescribed from which contains the address of the party to which

24
the court may send a notice to the party during the pendency of the case. Or till the appeal is
decided if the case is appealed. This is called the registered address of the party. The court
requires this registered address because sometimes notices are required to be issued to the
parties. In case of change of the registered address, each party is required to intimate the court of
such change by filing an application before the court. The court shall issue the notice then to the
changed address furnished by the party.

Rule 15 deals with verification of pleadings. Each rule deals with different requirements (no shit,
Sherlock). Rule 15 says that pleadings filed by parties must be verified by the parties. Mere filing
of plaint/ WS is not sufficient. They must be verified. After the last paragraph of the plaint, the
plaintiff will verify the plaint at the footnote of the plaint. Plaintiff is required to verify the
various paragraphs of the plain. Plaintiff is required to state what paragraphs she is verifying on
her own knowledge and what paragraphs on the knowledge of her counsel.

Prayer clause
Verification
Verified that the contents of para no. 1-8 of the plaint are true and correct to the best of my
knowledge and belief and para no. 9-12 are true and correct on the basis of the information given
by my counsel
Place: Rohtak Signature
Date: 21.07. 2016

The plaintiff is verifying the paragraphs on different footings. For example, there may be a
paragraph talking about how the suit has been valued and the requisite court fee has been paid.
Here, the plaintiff cannot verify on her own knowledge because she may not know what court fee
is to be paid or how to calculate it, so she would be relying on the knowledge of the counsel.
Similarly,the prayer clause will also be on the knowledge of the counsel. Sometimes, the plaintiff
may just verify all paragraphs.

Verified that contents of Para no. 1-12 of the plaint are true and correct to the best of my
knowledge and belief and nothing material has been concealed therein
Similarly, the defendant will have to do the same for the WS.

These verification must be supported by affidavits to be filed by the parties along with their
pleadings. The plaintiff will state that the contents of the pleadings are true and correct and

25
nothing has been concealed therein, and that all the documents attached are genuine and not
fabricated in any manner. Similarly, the defendant will have to do the same for the WS. No
plaint/ WS can be filed unless the averments are supported by an affidavit.

Rule 16 deals with striking off unnecessary pleadings by the court if any of the pleadings are
scandalous according to the court. If the court finds a particular pleadings to be scandalous,
unnecessary, or is an abuse of the process of law, or to harass the other party, then the court can
direct that party to remove that particular pleading. This can be done at any stage.

Rule 17 deals with the amendment of pleadings. This is one of the most important rules of order
VI. Pleadings filed by the parties can be amended at any time, at any stage by either of the
parties. Pleadings are not final and unrectifiable once they have been filed, they can be amended
with the permission of the court. Pleadings always receive liberal construction from the court.
At any stage means even if the case has reached the last stage of final arguments, the plaintiff/
defendant may amend the plaint/WS. But the rule also states that the court shall not allow the
amendment of pleadings after trial has commenced. But it further provides that the court may
allow amendment even after the trial has commenced if the court feels it is necessary to resolve
the dispute between the parties. Say the plaintiff has filed a suit for specific performance for sale
of the suit land, whereby the defendant agreed to sell the suit land for Rs. 50 lakh and the
defendant agreed to execute the sale in front of the sub-registrar of Dwarka. Ernst money has
also been given. Thereafter, the defendant has refused to honour the agreement because the price
of land since then has doubled. Lets say, the case has reached the final arguments stage, and the
plaintiff has come to know that the defendant has already sold the suit land to a third person just
to frustrate the civil suit filed by her. So she files an amendment to her suit, explaining that the
defendant has sold the suit land during the pendency of the suit, and would like to amend her
plaint, that the defendant has executed a sale deed in favour of Satish Kumar, and that this sale
deed would be void by the principle of lis pendens, and that the sale deed be declared void by the
court. Then the defendant will file a reply, and after hearing the reply, and the court will allow
the amendment because this was not an event that was in the knowledge of the plaintiff. It was an
intervening circumstance. Then the plaintiff will have to lead evidence to show that the
defendant has executed this sale deed during the pendency of the suit and is hit by lis pendens.
The court can then pass the decree for specific performance, and declare the sale deed executed
in favour of the third party is non-est, and not binding upon the parties. If the plaintiff does not
file the the amendment then the court cannot grant specific relief as the defendant would no
longer be the owner nor be in possession of the suit land. Another example, there was a suit for
permanent injunction preventing the defendant from destroying the common wall. Then the

26
defendant, during the pendency of the suit, destroys the wall. The plaintiff may file an
amendment, to say that the defendant be ordered to restore the wall to the original position . Then
the court will allow the amendment and decree the suit, granting the injunction in favour of the
plaintiff, ordering the defendant to restore the wall to the original position. If the plaintiff did not
amend her suit, then the suit would be infructuous and the court will not be able to grant any
relief to the plaintiff because the wall has been destroyed.

February 21, 2017

For example, the plaintiff has filed a suit for permanent injunction against the defendant where
he has prayed that the defendant be restricted from raising any construction on the suit land
because she has no connection with the suit land. The defendant in her WS states that the
plaintiff has no connection to the suit land. The court frames the issue of whether the plaintiff is
entitled to an injunction qua the suit land. Say plaintiff has lead evidence and oral arguments and
closed her evidence. Then say the defendant files an application under order VI, rule 17 CPC,
stating that during the pendency, the defendant has made some construction on the suit land and
would therefore like to amend her pleadings by adding paragraph 8A. She pleads that the
defendant has illegally constructed something on the suit land in the presence of goonda
elements, and that a mandatory injunction be passed to restore things to a prior position by
demolishing the unauthorised injunction. The court will hear both sides and allow the
amendment. If there is no amendment, the suit will become infructuous because what the
plaintiff sought to get an injunction on, has already happened.

Another example- plaintiff has filed a suit for declaration to the extent that she is entitled to
regularisation of her service as a clerk with effect from so and so date and that the defendant has
no right to terminate her services. The defendant replies in her WS that the plaintiff was never
appointed as a clerk on a regular basis and was engaged on a daily wage basis, and hence can be
terminated. The court would frame the issue whether the plaintiff is entitled to regularization of
service as a clerk from so and os year? Say, the plaintiff has lead and closed evidence and the
defendant has been called upon to lead evidence. The defendant produces the copy of the order
that the services of the plaintiff have been dispensed with during the pendency of the suit. Now
the suit of the plaintiff would be infructuous. Now the plaintiff is required to amend her plaint,
otherwise she cannot get any relief because the original relief prayed for is no longer possible.
She may want to amend the plaint as stating that during the pendency of the suit her services
were terminated and such termination is void and nonest, and should be so declared. Amendment
should mention the paragraph number that is to be inserted, such as para 9A. The court can then

27
decree the suit in favour of the plaintiff stating that she is entitled to regularisation of service and
the termination of service on so and so date is null and void and non-binding upon the parties.

This does not change the nature of the suit because it is dealing with the same cause of action.

Example: The plaintiff filed a plaint stating that she is the owner of the Land bearing Kila no.
101, 102, 107, 108, 119 situated in village. She has provided a detailed description of the land.
Then the plaintiff realizes that she made a mistake, that it should have been Kila No. 117 and 118
as per the records. She realizes this mistake after the defendant has submitted her WS. Now, the
pleadings will have to be rectified. She will have to file an application under Order VI, Rule 17
for rectification/ amendment of pleadings. You cannot take the judicial file and make a change,
you cant cut out 107 and write on top of it 117. If you do that it would be a penal offence of
forgery. You cannot do in the judicial document what you do in your answer sheet. Once the
pleadings have become the record of the court, the only way to make changes is through Order
VI, Rule 17. The plaintiff will submit in her application that she has come to know of a typing
mistake due to oversight and that the correct description of the land is Kila No. 117, 118 and not
107, 108, and such an amendment is essential to resolving the suit between the parties. If the
plaintiff fails to rectify the Kila No., then she will get relief over Kila nO. 107, 108,which serves
no purpose to her.

Suppose the court allows the above mentioned amendment, and the case has reached the final
stage of arguments. The plaintiff realises that she has inadvertently left out one more Kila next to
119, Kila no. 120. This fact she has come to know by way of perusal of revenue record. Now she
wants to incorporate that as well. She could have mentioned this in her earlier amendment, but
may be her lawyer was rubbish and didnt realize. So she will have to submit another application
under order VI, rule 17 to amend her plaint to include Kila No. 120 and the court shall allow
such amendment. Once pleadings are filed in court they become judicial records that cannot be
tampered with, hence any changes/ additions/ rectifications/ alterations can only happen through
an application under order VI. If the court finds out some rectification was made in the actual
file,the court may initiate proceedings under the IPC against the party. But if the rectification is
very small- for example, the Plaintiff's name is Ran Singh, s/o Sh. Roshan Lal. r/o House No. 10,
sector 16, Dwarka, and he has filed a suit for (missed) under HMA. The defendant, one Ms.
Urmila, files a reply, saying that she was never married to any Ran singh s/o Roshan Lal, but was
married to a Ram singh s/o Roshan Lal. The plaintiff realizes that there was a typographical error
because he is in fact Ram Singh, s/o Roshan Lal. He will then have to file an application under
order VI, rule 17, stating that a clerical error has been made in spelling his name, and that he may

28
 be permitted to rectify his name. Here, the court may allow the plaintiff to amend the pleadings
directly, instead of having to submit an amended petition. Then the reader of the court will strike
off Ran, and write Ram above it, circle the whole thing and write on top corrected under order
VI, rule 17. So, the court may either ask the plaintiff to submit an amended petition with the
changes or ask the reader of the court to actually make the minor change to the plaint physically.
Then later, he realises that the house number is mentioned wrongly as 10, when it should be 100.
The procedure for rectification will be the same. He cant go to the reader directly and ask the
reader to make the change, he will have to submit an application. The only appropriate remedy is
Order VI, Rule 17.Courts generally allow amendments, they are very liberal. They do not want
the parties to suffer because of the carelessness of the counsels.

Once the court has granted permission to amend the pleadings, parties will have to make the
amendments within the stipulated time. If there is no time mentioned, it will have to be done
within 14 days of the order being granted.

February 22, 2017

Plaint (Order 7)- Plaint is the most important pleading in the civil proceedings. Order 7 deals
with certain rules which are required to be followed when a plaint is to be drafted,because the
proceedings in a civil suit commences when a plaint is presented in court.

Rule 1: Particulars to be contained in a plaint-

a) Name of court in which plaint is instituted- every plaint is instituted in the court of civil judge
senior division (you can either mention the name of the judge whose court the plaint is being
filed in, as done below, or you can just mention in the court of civil judge senior division)
b) Name, description and place of residence of plaintiff (referred to as plaintiff if a civil suit is
being filed, but if it is a petition that is being filed the word petitioner will be used)
c) Name, description, and place of residence of the defendant (referred to as respondent in case of a
petition)

In the court of Ms. Anjali Jain Civil Judge (Senior Division) Rohtak (Haryana)
Suresh Kumar s/o Sujan Singh aged about 47 years r/o H.No. 120 Sector 14 Rohtak (Haryana)
- plaintiff/ petitioner

29
 V/s
Mohan Lal s/o Sohan Lal aged about 52 years r/o H NO. 47 Sector 14 Rohtak (Haryana)
- defendant/ respondent
Suit for permanent injunction
Restraining the defendant from interfering into the peaceful possession
Of the land measuring 2 acres bearing kila no. 7 and 8
situated in village Bohar District Rohtak in any manner whatsoever
Respected Madam,

The title of the suit must be mentioned. It may be mentioned in short form (just mention that it is
a suit for permanent injunction, for example) or long format (as shown above). It is better to
mention in 2-3 sentences so that the court knows what the case is about. 75% of the lawyers use
the long format where they describe the nature of the suit by writing a headnote in the manner
shown above. The long form is a speaking title, it makes things clear in the mind of the court.
This tells the court what the ultiate relief being sought by the plaintiff is. If there are multiple
reliefs, that will also be added, for example:

Suit for declaration to the effect

that the plaintiff is the owner in possession of the suit land bearing kila no. 10, 12, 16 situated in
village Pakashma District Rohtak (Haryana) and
the defendant may be restrained from interfering into his peaceful possession over the suit land
in any manner whatsoever

The last paragraph of the plaint is always the prayer (relief) that the plaintiff is seeking. The title
of the plaint is based on the prayer. It may be suit for mandatory injunction, suit for possession
etc.

The headnote of the plaint ends with the title. The actual plaint begins where we write respected
madam or respected sir as the case may be.

February 22, 2017

If the plaintiff or defendant is a minor or person of unsound mind, it should be mentioned in the
beginning of the plaint before laying out the facts, right after writing respected madam.

Respected madam,

30
 The plaintiff submits as under:
1. That the plaintiff is a minor and therefore she is filing the suit through her next friend natural
father namely Roshan Lal.
(That the defendant is a minor and therefore she is being sued through her next friend/ natural
father Satram Singh.)
2. Material Fact
3. Material fact
4. Material fact
5. Material fact
6. That the cause of action to file the suit arose to the plaintiff about 6 months back and finally
about 15 days back when the defendant has finally refused to admit the claim of the plaintiff.
Hence the suit.
7. That the both parties are residing within the jurisdiction of this honourable court and the suit
property is situated within the jurisdiction of this honourable court and thus this honourable court
has the jurisdiction to entertain and try the suit.
8. That the suit has been valued at Rs. 5000 for the purpose of court fee and jurisdiction and the
court fee of Rs. 500 has been affixed on the plaint
9. That the plaintiff is foregoing the interest amount (not phrased properly)
10. That the plaintiff has not filed a similar suit against the defendant in any other court of law
11. Prayer clause
12. Verification

Why should we mention this? Because a minor is not competent to do anything- cannot contract,
cannot marry and is not competent to sue or be sued. Whatever action is to be done by a minor
must be done through her next friend. Say the plaintiff is the owner in possession of the land- the
father bought some land in the name of his son. The tenant is not paying rent nor is vacating the
property, the recourse is that the minor can file a suit only through her next friend. Similarly, a
minor cannot be sued, so if the defendant is a minor, she must be sued through her next friend.
Similarly, for people of unsound mind, they may sue or be sued only through their guardians.

Particulars of a plaint- Rule 1

d) Facts which constitute the cause of action
Each material fact must be divided into various paragraphs and must not be drafted in a
conventional essay type manner.
e) The date on which cause of action arose
This is to ascertain whether the suit has been filed within the period of limitation or not

In the proforma above, we have mentioned that the cause of action arose 6 months back, then
why has she not instituted the suit then itself? But the next word mentioned in the plaint is

31
finally. The cause of action will be calculated from the final date. While it may have arisen 6
months ago, but the defendant kept saying she will vacate the suit land, for example, but finally
15 days ago (from the date of filing the suit), the defendant said fuck off, do what you want Im
not vacating, aint nobody dispossessing me, and therefore the suit was instituted, then the date
of the cause of action will be calculated form the final date.

Suppose, the plaint only said that the cause of action arose about 3 years ago, and does not
mention any finally thing, then the cause of action will be calculated as arising 3 years before
the date of filing the suit. This may be within or outside the statute of limitations.

Next, the plaint has to mention that the civil court has jurisdiction to try the suit. The plaintiff
cannot just state that the court has jurisdiction, she has to explain how or why through facts (as
shown above- that the parties reside within the jurisdiction, or that the property is situated
there).

Next, the plaintiff is required to state the suit has been properly valued for the purposes of court
fee. The court fee is always affixed on the top of the plaint in the form of stamps. It will be
affixed right at the top, above the name of the court.

If the plaintiff has relinquished any portion of her claim, even though she is entitled to it, then
that will have to be stated next. Say the plaintiff has filed a suit for recovery of Rs. 1 lakh on the
basis of a bond and is also entitled to claim interest of Rs. 25,000. Lets say she is willing to
relinquish the interest amount out of the goodness of her heart. She has filed the suit only for the
principal amount. This is necessary because the plaintiff should not be able to file another case
for the recovery of the interest amount, she becomes estopped from filing another suit for the
recovery of the interest amount.

Next the plaintiff must mention that a similar suit has not been filed in any other court of law
against the defendant. You cannot go around filing a case in one court, then file one in another
court a month later. Must also clarify that no such case is pending in any other court of law.

Finally, there will be the prayer clause. What was in the title will also be mentioned in the prayer
clause. And then on the left side there will be verification.

February 28, 2017

32
 SLIDE- Plaint Order 7 (17 Rules)

1. Particulars to be contained in plaint

2. In money suits: amount claimed: approximate in means profits (I think he means mesne profits?)
or unsettled account
3. Where subject matter is immovable property; description to identify
4. When plaintiff sues in a representative character: plaint shall show that he has an actual existing
interest in the subject matter
5. Defendant's interest (i.e. she is interested in the subject matter) and liability (i.e. she is liable to
answer the plaintiff's demand) is to be shown
6. Grounds of exemption from limitation to be shown in plaint if suit filed beyond limit
7. Relief to be specifically stated: either simply or in alternative; not to ask general
8. Relief sought on several distinct claims or causes of action founded upon separate grounds shall
be stated separately and distinctly
9. Procedure on admitting plaint
10. Return of plaint
11. (10-A)- Power of court to fix a date of appearance in the court where plaint is to be filed after its
returns

Rule 2 is applicable only in money suits where some recovery has been filed by the plaintiff,
where the plaintiff wants to recover money from the defendant on the basis of some pronote,
bond etc. the exact amount claimed by the plaintiff will have to be mentioned. If there is an
interest being claimed, that must also be mentioned. Suit for recovery of Rs. 5 lac with interest
at the rate of 12% plus future interest@ 12%during the pendency of suit till final evaluation.

Another situation of applicability of rule 2 is that of mesne profits where a person makes profits
from unlawful possession of land owned by someone else. The lawful owner of the land can file
a suit for recovery of money through mesne profits. The approximate amount must be stated in
the plaint in such cases because the plaintiff may not be sure of the exact amount. Rs. 50,00/-
appox.

Third situation covered by Rule 2 is cases of unsettled accounts. Say the plaintiff was in a
partnership with 2 other persons. One of the partners has filed a suit for rendition of accounts
upon dissolution and has claimed that she is owed Rs. 1 lac approximately. She gives an
approximate estimate because she is uncertain of the exact amount owed to her. Parties will lead
evidence on the unsettled accounts of the partnership then the court will determine what is owed
to the party, if at all.

33
Rule 3 is not applicable to movable property. If the immovable property has specific numbers,
than that can be used to describe the property. House No. 7, Sector 7, Dwarka, New Delhi.
Suppose the plaintiff only says that she is the owner of her house, and let it out in rent at the rate
of Rs. 12000 per month, and now the defendant is not paying rent. This would be incomplete,
because she has not mentioned which house, not given a description. The court will not be in a
position to identify the house let out by the plaintiff. If it is agricultural land: Agricultural land
bearing kila no. 7, 8 9, 12 and 13 situated in village Pakisma, District Sonepat as shown in the
copy of jamabandi for the years 2001-2012. Not enough to just state where the property is
situated, the property will have some numbers which have to be mentioned. For agricultural land
the kila no. must be mentioned. Plot no. 401 situated in sector 14, Panipat in case of vacant
plots. But what happens if the immovable property does not bear any number? Like land in
villages, people just settle into vacant land and construct their houses, they wont have house
numbers but have been living there for many years. There will be no block, wards, sectors etc.
The description will be something like this: To the east of the vacant plot there is a the house of
one Sukhbir, to the west of the plot is the house of Smt. Bimla, to the south there is a small pond,
and a gully to the north of the plot. This is how the property will be identified, based on
directions.

Rule 4- there may be a lot of lazy people who wont file a suit, so someone else may file a suit.
The plaintiff will have to show she has some existing interest in the suit.

Rule 5- it has to be shown that the defendant has an interest in the subject matter of the suit and
the legal liability of the defendant must be established. If it cannot be established that the
defendant has an interest in the subject matter then the plaintiff will not be able to establish any
cause of action.

Rule 6- every suit must be filed within limitation, no time barred suit can be filed,that is the
general law. However, if the suit being filed is hit by the law of limitation, but the plaintiff is
seeking exemption on some ground, then those grounds of exemption must be mentioned. Maybe
the plaintiff can claim that she was a minor and hence did not file a suit. It may be any ground.
The defendant may admit the ground. But if the ground is not mentioned and the court thinks the
suit is time barred then it may just summarily dismiss the suit. It is up to the court to accept or
reject that ground, but it is the duty of the plaintiff to plead that ground.

34
Rule 7- relief claimed should not be ambiguous. Cannot say any relief that court deems fit
based on the facts and circumstances of the case would not be a proper relief to be claimed.

March 01, 2017

Rule 7 says tht the plaintiff must state specifically what relief she wants from the court. She may
also ask for alternate relief if specific relief cannot be granted by the court. For example, the
plaintiff asks for specific performance of an agreement dated 01.02.2016- the sale consideration
is Rs. 50 lac and the defendant has paid earnest money of Rs. 10 lac, and the it was agreed before
the sub-registrar that the land would be transferred to the defendant upon payment of the balance
amount on or before 01.12.2016. The defendant has not paid and the plaintiff is claiming the
balance 40 lac from the defendant. Suppose the agreement stated that the plaintiff could claim
double the amount of the sale consideration if the defendant has not paid the money by
01.12.2016. So the plaintiff may claim an alternate plea that if specific performance is not
granted by the court, then the court may grant a decree for recovery of double amount be granted
in her favour. This is the penal clause that was there in the agreement.

No general relief can be sought in any plaint. You cannot say ny relief that the court deems fit
may be granted to the plaintiff- there is nothing wrong in this, though.

Rule 8- Each and every ground is required to be mentioned in the plaint in a separate paragraph.
Say the plaintiff has challenged her termination order and wants that that termination order be
quashed and set aside. She may state that it be quashed and set aside on the following grounds-
no show cause notice was issued to her before the order was passed. She may also take a second
ground that no regular inquiry was ever conducted. Each of these grounds which has given cause
of action to the plaintiff must be stated separately.

Rule 9- there is a set procedure when a plaint is presented in court. If the court forms a prima
facie opinion that there is a cause of action, it will admit the plaint. Then it will issue summons.
This man is so repetitive. Please see earlier, hes just repeating the same thing. This rule says that
once the court has admitted the plaint, it has not rejected nor has it returned the plaint, then it will
direct the defendant to file as many copies of the plaint on plain paper as there are defendants.
The court wont issue summons until copies of the plaint have been filed by the plaintiff. The
court shall also ask the plaintiff to deposit the process fee (popularly referred to as PF) which is
deposited in the form of court fee stamps. So two things are required at the stage of admitting the

35
 plaint- the plaintiff will have to file as many copies of the plaint as there are defendants, and to
pay the process fee for serving the summons on the defendant. In Haryana, the PF is Rs.50. It is
nominal. If the plaintiff has filed the court fee but not the PF, then court will not issue summons.

Rule 10- The court may return the plaint for lack of jurisdiction, and direct the plaintiff to present
the plaint before the proper court. When the court returns the plaint it will make an endorsement
on the plaint itself, the date on which the plaint was presented, the name of the lawyer who
presented it and a brief order stating that the court is returning the plaint and the cause for
returning the plaint.

Rule 10-A- If the plaint has been returned on the first date of hearing or after that (unlike rule 10
where the defendant is not in the picture, here the defendant will be present) because the court
feels it has been wrongly instituted, then the court can fix a date of appearance in the court where
the plaint is supposed to be filed, because both the parties are present before the court. Court can
return the plaint at any stage of the proceedings. Thereafter the defendant will be bound to appear
in the other court because the court has told both the parties where and when to appear. The new
court is not bound to issue notice to the parties because the other court has already set a date, but
it doesnt preclude the new court from issuing summons.

Rule 10-B deals with the power of the appellate court to direct the parties to appear before a
particular court. The plaintiff institutes a suit in one court and court gives an order that it should
be instituted elsewhere, but the plaintiff disagrees. This order is appealable. The plaintiff may
appeal before the district court that the court where the plaint was filed was competent to try the
suit. The district court may affirm the lower courts order and direct the plaintiff to institute the
plaint before the right court or set a date for the parties to appear before the correct court. If a
date of hearing is set before the new court, then the new court need not issue summons to the
parties and the parties will be bound to appear before the court.

March 01, 2017

SLIDE- Written statement: Order 8 Rules 1-6 C

1. Written statement: within 30 days but not more than 90 days
2. New facts must be specifically pleaded; maintainability of suit or transaction is void
3. Denial to be specific; must deal specifically each allegations of fact not admitted
4. No evasive denial, but answer the point of substance

36
5. Specific denial; allegation of fact if not denied specifically or not admitted specifically shall be
taken to be admitted except as against a person under disability
6. Particulars of set off to be given in WS: Where in a suit for recovery of money, defendant claims
to set off against the plaintiffs demand any ascertained sum of money legally recoverable by her
from the plaintiff, the defendant may at the first hearing of the suit may present a written
statement containing the particulars of the debt sought to be set off
Effect of set off; WS shall have the same effect as a plaint in a cross suit so as to enable the court
to pronounce a final judgment in respect of both.
6-A: Counter Claim: (1) defendant may set up, by way of counterclaim against the claim of the
plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the
plaintiff
6_B

Rule 1- The date of 30 days/ 90 days will be calculated from the date the defendant received the
summons. If the defendant has received the summons but has not been able to file the WS within
30 days from the date of receipt of summons because she has been prevented due to some
sufficient cause, then the court may grant her time up to 90 days from the date of receipt of
summons to file the WS. May be the defendant was bed ridden due to some illness and hence
may ask court for some more time to file the WS. The court can extend this time from time to
time- the defendant could not file within 30 days, she appears before the court on the 35th day
and the court gives time till 10 days, and the defendant still cannot submit the WS within those
10 days (may be she applied for some documents that she is still awaiting), the court may grant
some more time. But at no point can the court grant a period more than 90 days from the date of
receipt of summons. If the defendant does not file the WS within the 90 day period, can she be
penalised? However, there are many judgments that say that technicalities should not result in
penalising the defendant, so they grant time beyond 90 days if there is sufficient cause, but they
usually impose some cost on the defendant. Say the defendant has applied to the patwari for a
copy of the jamabandi registered with her, and the patwari is unable to trace it and asks for more
time, therefore the defendant is only able to file the WS on the 100th day, the court will grant
permission to do so because its not the defendants fault.

Rule 2- if the defendant wants to plead any new fact in the WS that fact must be specifically
pleaded. The defendant is bound to give a specific reply to each point raised by the plaintiff in
her plaint and the defendant is not bound to raise any new fact, but if she decides to raise a new
fact that must be pleaded separately in a paragraph. If the defendant wants to raise some new
plea, for example, that the plaintiff has no locus standi, then it must be specifically stated. The
preliminary objections must be raised before the reply to the paragraphs in the plaint are given.

37
There is no limit on the number of preliminary objections that can be raised by the defendant. If
the defendant says that the suit is not maintainable in its present form, the defendant will have to
show how or why when the defendant is called to lead evidence if the court frames an issue on
this.

Rule 3- Denial must be specific, each allegation of fact must be dealt with separately. Defendant
may write that para 1 of the plaint is correct and hence admitted. Para number 2 is wrong and
hence denied.

Rule 4- defendant must be vigilant when drafting WS because the court may read an evasive
reply adversely.

Rule 5- If the defendant neither admits nor denies a fact, she gives an evasive reply, then the
court will take it to mean the the fact is admitted. The exception is person with legal disability
(minor and person of unsound mind)

Rule 6- Only applicable to money suits. Where the plaintiff has filed a suit for recovery of
money (has to be ascertained sum of money), then the defendant may file for set off. For
example, the plaintiff files a suit for recovery of Rs. 5 lac. The defendant produces a judgment
about the recovery of Rs. 1 lac from the plaintiff (plaintiff to pay defendant), which the plaintiff
still has not paid. Then the defendant may raise the plea of set off to say that if the court grants
the award fro 5 lac, then the Rs. 1 lac owed by the plaintiff to the defendant be set off from the
claim and hence an award of only Rs. 4 lac be granted. It has to be for a definite amount.

The set off claim would be treated like a cross plaint and the court would settle both matters in
the same case.

Rule 6-A: the defendant may set up a counterclaim hostile to the claim of the plaintiff. For
example, the plaintiff claims a suit for ownership and possession of the suit land, the defendant
denies the claim of the plaintiff and then sets up a counterclaim that the defendants ancestors
were in possession of the suit land which is known to the whole world and within the knowledge
of the plaintiff and therefore the defendant is the owner by way of adverse possession. The issue
would have been whether the plaintiff is the owner in possession of the suit land, but now the
court will have to frame an additional issue: whether the defendant has become the owner by
way of adverse possession as alleged? Where counterclaim has been raised, it shall be treated as
a cross plaint, as if the defendant has also filed a plaint, and the court will decide in the same
judgement the claim of the plaintiff and the counterclaim of the defendant.

38
 March 06, 2017

Brief facts: One Ram Chander and one Ram Dhari are brothers. Ram Chander is married to
Savitri and they have a son Kuldeep (plaintiff). After some time, Ram Chander died and Savitri
married his brother Ram Dhari (Karewa marriage- a custom that requires women to marry her
brother-in-law) and had a son through that marriage, Vijinder (defendant). A dispute arose
between the two over the property left behind and due to the intervention of the family members,
Vijinder gave his share of the property to his brother, Kuldeep. Both brothers had equal shares,
but due to the intervention of the family a settlement was reached whereby Vijinder gave his
share of the property to Kuldeep and said he would get the revenue records corrected in favour of
Kuldeep. One fine day, Vijinder refused to get the records changed. Kuldeep wants to file a suit
for declaration to the effect that he may be declared the owner in possession of his brothers
share as per the settlement reached between them. These are the facts narrated to you by your
client Kuldeep, how will you draft the plaint?

Above the name of the court there will be court fee stamps. This suit has been valued and court
fee stamps of twenty five rupees have to be affixed (two tens and one five rupee stamp). Now
Dahiya is showing us stamps that he pulled out of his wallet.
In the court of Civil Judge (Sr. Dvision), Rohtak.
Kuldeep s/o Smt. Savitriw/oLate Sh. Ram Chander Later w/o Sh. Ram Dhari both son ofs of Tale
R/o Village Bhaini Mahrajpur tehsil, District, Rohtak..Plaintiff

Respectfully abovewith:
1. That parties to the suit are real brothers in te () of customary law of Rohtak. Both ae Hindu and
governed by Mitakshara Law of Hindu. The table given below:
2. That Vijinder was born to Savitri and Ram Chander and later Ram Chander expired and Savitri
was married to Ram Dhari (as per customary law) and Kuldeep was born. In this sense both are
real brothers.
3. That previously a family settlement took place just to keep peace among the parties regarding the
suit property i.e. bearing kiwat no. 39/37 <missed>
4. In the family settlement it was settled that the shares of the defendant Vijinder regarding the suit
property was in favour of plaintiff and possession was hand over to the plaintiff and it was
agreed that the revenue entries will

In the Court of Mrs. Sunita Goyal, Civil Judge (JD), Rohtak

Kuldeep v/s Vijinder
Written Testament on behalf of defendant

39
 Respectfully abovewith:
1. That para no. 1 of the plaint is correct hence admitted
2. That para no. 2 of the plaint is also correct hence admitted
3. Same
4. That para no. 4 is not denied, hence admitted
5. Same
6. That para no. 7 of the plaint is legal but correct hence admitted. Last para is prayer para which is
correct hence admitted.
7. It is submitted that the defendant has no objection if the suit of the plaintiff may be decreed but it
is prayed that parties be left to bear their own costs.
It is prayed accordingly.

This is not a contested suit, it is an admitted one. No issue would arise for determination in this
case because every para has been admitted by the defendant clearly. There is no contestation.

March 07, 2017

Brief facts: filed by a poor widow. In 2007 she purchased a buffalo for Rs. 40,000 and she used
to sell the milk of the buffalo in her neighbourhood to earn her livelihood. On 30 Sept 2009 the
buffalo was taken to the village pond and after drinking water in the pond, when walking back,
struck herself against an electric pole, she died on the spot. Officials were informed and they
stopped the electric current. Post mortem was conducted on the buffalo which confirmed that
death was due to high voltage electricity. She wants to claim compensation from the officials for
negligence. In many areas iron electric poles have been replaced with cement electric poles to
avoid electrocution. She has no other means of livelihood and cannot afford to buy another
buffalo because the price of buffalos have gone up. She wants Rs. 1 lac to buy a new buffalo and
Rs. 50,000 as compensation for pain and suffering.

In the court of Civil Judge, Senior Division, Jind

Smt. Om Pati w/o Late

Suit for declaration to the effect that the plaintiff is entitled to get a sum of Rs. 1,50,000/- as
compensation on account of damages and losses caused to her with the death of her she buffalo
who died owing to the negligent act and carelessness services rendered by the defendants and for
causing mental pain and agonies to the plaintiff, and further for mandatory injunction directing
the defendants to pay the same to the plaintiff. (long title, yesterday there was a short title- suit
for declaration, that is also fine)

40
 Sir,
The plaintiff submits as under:
1. That the plaintiff is a resident of the above noted address and is a widow lady
2. That there is no male member in her family and there was no source of income for her so she
purchased a she buffalo was being kept by her for selling milk in the locality and only milk
selling is the business of the plaintiff by which she was maintaining her family. The value of the
said land was not less than Rs.40,00/- at that time of her death while.
3. That it is necessary to mention here that the elctric pole was made with iron whereas in the
residential areas at many places cemented poles have been replaced and in their area also the
plaintiff and others have made so many requests to the defendants to replace the old iron poles
with cements one pole so that there may not be any possibility of remaining current in the
electric pole but the defendants paid no heed to the requests of the plaintiff and others and never
replaced the pole and never cared for said pole and in past also there was found many time and
current in the said pole but the defendants never paid any heed to remove the defects and were in
wait for mis-happening with any one. (What is this terrible english!)
4. Missed
5. That the plaintiff lodged DDR on 31.12.2009 in the concerned police post and PMR No. 50 dt
30.12.2009 was conducted for death of her she buffalo by the GVH Pindara Distt. Jind.
6. That the plaintiff has suffered losses and damages here at Raj Nagar, Jind which is within the he
territorial jurisdiction of this honable court and hence this Honable court has competent
jurisdiction to try and decide the present suit.
7. That the value of the suit for the purposes of court fees and jurisdiction will be assessed at the
time of final order passed by this court and now court fees of Rs. 100/- is being affixed hereon
the plaint. Deficiency in the court fees will be fulfilled after announcing suitable compensation
by the court of law
8. That no similar suit has earlier been filed nor any pending or decided by any court of law.
9. That duplicate copy of plaint, affidavit of plaintiff also attached herewith the plaint.
It is therefore prayed that a decree for declaration to the effect that the plaintiff is entitled to get a
sum of Rs. 1,50,000/- as compensation on account of damages and losses caused to her she
buffalo owing to negligent and carelessness services rendered by the defendants.

If the valuation of the suit is unclear (as in this case) because you dont know how much
compensation will be granted by the court (amount claimed, less or more), any additional court
fee required (if more compensation is granted) can be paid later. The court will ask the party to
affix the court fee stamps later.

Thumb impression was used by the plaintiff. If it is a woman, right thumb impression is taken, if
it is a male, then left thumb impression is taken.

41
 In the Court of Addl. Civil Judge Senior Division (Jind)
Smt Om Pati vs. The sub divisional officer, Uttar HBVNL Jind

Suit for declaration

Affidavit,
I Smt. Om Pati w/o Late Raj Kumar r/o Ward No.4 Raj.. do hereby solemnly affirm
and declare as under:-
That accompanied plaint has been got typed and drafted by my counsel under my directions and
instructions and I have understood all the contents in simple Hindi and affirms them to be true
and correct to the best of my belief and knowledge and nothing has been concealed therein. All
parts f the present plaint may be kindly read as part of this affidavit and same are to being
repeated her for the sake of brevity.

Dahiya: The affidavit should also mention (which has not been done above) that the documents
are not forged and are true.
Why has the above affidavit been filed? So that the client cannot turn around later and blame the
lawyer for what has been said in the plaint.

March 08, 2017 (Happy Womens Day :))

The WS:
Om Pati v/s
S.D.O
Suit for declaration
Written Statement on behalf of defendants

Sir,
The defendants submit as under:-

Preliminary objections

1. That the suit of the plaintiff is not maintainable in the present from and liable to be dismissed
2. That plaintiff is claiming Rs. 1,50,000/- by way of declaratory rather it is a recovery suit and
plaintiff ought to have paid ad valorem court fee on Rs. 1,50,000/- and without payment of court

42
 fee the suit is liable to be dismissed. The issue may be kindly treated as a preliminary issue as no
evidence is required on this point.
3. That the plaintiff has got cause of action and locus standi to file and maintain the present suit (no
is missing but I assume its supposed to be there)
4. That the plaintiff has not come before the honble court with clean hands and has suppressed the
true and material facts from the court and as such suit is liable to be dismissed
5. That the suits if plaintiff is false and frivolous and has been filed only to harass and humiliate the
defendants in order to gain monetary benefits and as such suit is liable to be dismissed with
special compensatory costs of Rs. 50,000/- u/s 35A CPC

On Merits:
1. Para one of the plaint said that she is a widow and resident of so and so place. The WS reads:
that para no.1 of the plaint is denied for want of knowledge. It is not saying that the plaint is
false, because then the plaintiff will just lead evidence to show she is a widow and resident of
that place, so you just say you dont have sufficient knowledge to respond.
2. That para no. 2 of the plaint is wrong and denied..
(Please read the WS, hes just reading and paraphrasing)

March 09, 2017

Facts: Date of birth mentioned wrongly on the school certificate, prayer to correct the date of
birth. Ground taken is that the daughter needed a passport and for that purpose he produced
certificate of birth and school certificate and the date of births contradict each other and the
passport authorities recommended that a suit for declaration be filed.

In the Honble Court of Civil Judge (Sr. Dn) Rohtak

Narendar Mandal s/o Sh. Amir Singh Nadal r/o VPO Bohar, Panna Malwan, Tehsil and Distt.
Rohtak Plaintiff
Versus
1. General Public
2. Central Board of School Education, New Delhi through its Secretary
3. Scholars Rosary High School (address) through its principal

Suit for declaration and mandatory injunction

Sir,
The plaintiff respectfully submitted as under:-

43
1. The plaintiff is blessed with three children namely Preeti, Sheetal and Himanshu. The date of
birth of all three children as under:-
Name D.O.B
Preeti 7/1/1994
Sheetal 20/7/1996
Himanshu 16/6/1999
2. That Sheeta the daughter of the plaintiff was admitted initially at Chotu Ram Memorial Public
School, Rohtak and then she was shifted to D.N. City High
3. That the school recorded date of birth.School, Prem Nagar, Rohtak and then she was admitted
in 5th class...
4. That the school recorded date of birth.
5. That the plaintiff intends to get issue the passport of her daughter from the competent office and
they have refused to accept the passport form of the applicant as there is a difference in the date
of birth
6. That the first time the plaintiff came to know about this mistake in the month of October 2013
when the plaintiff wanted to get issue his passport. The plaintiff after obtaining the certificate
requested defendant no. 3 to make necessary changes in the school record, it was told by
defendant no. 3
7. That the plaintiff persisted with the his requests with the defendants. The defendants finally
refused to act on the request of the plaintiff a week ago (the cause of action date)
8. That there is no other suit pending
9. That the value of the suit for the purpose of court fee and jurisdiction is assessed ar Rs. 200
hence affixed court fee of Rs. 25 is affixed on the plaint
10. That the plaintiffs daughter has passed her secondary examination from the school i.e. defendant
no. 3, Rohtak, the plaintiff is a permanent member (establishing jurisdiction of the court)
It is therefore prayed that a decree for declaration in favour of the plaintiff and against the
defendants to the effect that the date of birth of the plaintiffs daughter Sheetal is 20/7/1996
instead of 20/7/1997 and the entry of the date of birth the plaintiff in the school record as
20/7/1997 is wrong.. It is further prayed that a degree of mandatory injunction be passed in
favour of the plaintiff and against the defendants directing defendant no.2 and 3 to correct the
date of birth.
Plaintiff (sign)
Through Rajesh Sharma, Advocate
P/384/1997, Chamber No. 241, Distt. Courts Rohtak
Verification: Verified that the contents of para no. 1-8 are true.

44
 In suits where there is a change of name the general public must be made a party so that anyone
who has an issue may come forward and be heard. There are some kinds of cases where general
public must be made a party.
In para 2 they have misspelled Sheetal, the defendant will catch onto this and reply stating that
there is no Sheeta.
Why is mandatory injunction not sought against defendant no. 1 (general public)? Because they
have no capacity to change records not will they have any records.

Ok, Dahiya is crazy: This case is absolutely false. Can you believe that a father would make a
mistake in the date of birth and keep the mistake going right through. That Sheetal would have
written the wrong date of birth when filling up her board exam forms?

It is a common practice in this country to show the date of birth later than it actually is.

Affidavit is required to be verified. Under the verification there will be a seal of an oath
commissioner.

You must be thinking it must be so easy to get date of birth corrected, you can just do that and
reanswer exams. Just get a fake certificate issued by the registrar of births and then ask for a
change in date of birth. Public servants tend to do this at the time of retirement. General K Singh,
Chief of Army, had tried to amend his date of birth, but the court rejected it.

March 10, 2017

Written statement on behalf of defendant no. 2

Sir,
The answering defendant submits as under:
Preliminary objections:
1. That the present suit is not maintainable in its present form
2. That the present suit is not maintainable against the answering defendant. The plaintiff has no
cause of action to file the present suit.
3. This honble court has no territorial jurisdiction to entertain and try the present suit in view of
rule 4 of the bye laws framed by the answering defendant which is binding on the plaintiff. The
bye law is reproduced as under:
4. That the suit is bad for non-joinder and misjoinder of parties. The answering party is not a
necessary party to the present suit. The plaintiff has not joined general public as a defendant.

45
5. That the plaintiff has not served notice under section 80 before initiating the present suit nor has
sought any exemption from this honble court.
6. That the present suit is time barred.

The court will have to frame issues on each of the preliminary issues and the defendant will have
to lead evidence to prove her objection.

Reply on merits:
Parawise reply.
Affidavit.

Which is the main bone of contention between the parties now?

1. Whether the plaintiff is entitled to the correction of the date of birth from 20.07.1997 to
20.07.1996 as alleged? OPP
2. Whether the suit is not maintainable in the present for? OPD

In the second issue the onus is on the defendant because she raised the existence/ non-existence
of the fact. As per the evidence act, she who alleges the existence or non-existence of fact has the
onus to prove it. Then there will be all the other issues based on all the other preliminary
objections- replace that with whether and mention the onus of proof as being on the defendant
(OPD).

There are 5 minutes left, Dahiya wants someone to sing a holi song.

March 14, 2017

If counter claim or set off is raised in the WS then replication can be filed as a matter of right,
else it may be filed with the permission of the court. Here the plaintiff has filed a
replication with the permission of the court.

Each and every paragraph of the WS should be replied to nd each and every para of the plaint
should be reiterated.

In the Honble Court of Sh. Vikash, Civil Judge (Jr. Dn) Rohtak
Narender Nandal vs. General Public and Ors.
Replication to the written statement of the defendant no.2
Sir,
The plaintiff respectfully submits as under:-

46
 Reply to preliminary objections:
1. That para no. 1 of the preliminary objection is wrong hence denied. It is denied that this suit is
not maintainable in the present form
2. Similarly other preliminary objections
Reply on merit:
1. That para no. 1 of the WS as stated is not correct hence denied. Para of the plaint is correct and
reaffirmed. The date of birth Sheetal is 20/7/1996 as per the certificate issued from the registrar
of birth and death.
2. That para no. 2 of the WS is wrong hence denied. Para of the plaint is correct and reaffirmed. It
is necessary to mention here that the name of the daughter Sheetal is typed as Sheeta due to
typographical error and that was overlooked at the time of filing the suit and did not come into
the notice of the plaintiff. The same may kindly be read as Sheetal and not Sheeta.
3. Similarly, other paragraphs.
The prayer clause of the WS is not correct hence denied. Para of the plaint is correct and
reaffirmed. The suit of the plaintiff may be kindly decreed as prayed for.
Place: Rohtak
plaintiff
Dated: Narender Nandal s/o Sh. Amir Singh Nanadal
r/o of blah blah
Verification: verified that the contents of para no. 1 to 6 of the reply of the replication on merit
are true and correct to the best of my knowledge and reply to para no. 1 to 8 of preliminary
objection and para no. 7 of replication on merit are based on legal
Plaint
iff
Now we will see how to draft a petition under the HMA, restitution of conjugal rights.

Facts: There were two college students Sonam and something, they fell in love and wanted to get
married but the Sonams parents were against it. They eloped and got married. One day Sonam
visited her parents home and then didnt return. He went to her house to get his wife back and the
parents refused to let her go. He wants to file for restitution of conjugal rights.

Petition u/s 9 of Hindu Marriage Act for the restitution of conjugal rights
Sir,
Para no. 1 must contain the date, month, year, place where the marriage was performed must
be mentioned

47
 Status before and after marriage must be mentioned. The table says that status of wife/respondent
before marriage is HIndu Virgin. What the fuck! Dahiya read it out as unmarried.

Runaway couples can file a petition under section 482 of CrPC seeking protection because their
lives are under threat because the family did not approve of the marriage and the High Court can
grant protection u/s 482

Projects:
Only 10 marks will go for the written projects we submit. The remaining 15 marks will be
drafting exercises given to us. The assignment for today is to draft a petition on the same facts
for 5 marks. Petitioner is Dinesh. Bring out all the facts. The next exercise he wont show us a
petition sample, hell just tell us the facts and well have to draft. 5 marks for presentation.

March 21, 2017

Joint Petition for Divorce This is the only situation where there is no respondent. Though there
are two parties- husband and wife, the nomenclature of both parties will be petitioner- petitioner
1 and 2. Both have decided that the marriage be dissolved and neither party is resisting nor
contesting.

In the Court of Civil Judge (Sr. Divn.) Jind

1. Mamta, aged about 27 years wife of Sh. Sanjiv, daughter of Late Sh.Mohan Lal Resident of Anaj
Mandi Safidon Petitioner No. 1
2. Sanjiv, aged about 28 years, son of Sh. Raj Kumar Goyal resident of Kishn Chand Colony,
Patram Nagar Narwana Tehsil, District Jind .Petitioner No. 2

Joint petition for divorce.

The above mentioned petitioners most respectfully submit as under:-

1. That the marriage between the petitioner No. 1 and petitioner No. 2 was solemnized according to
Hindu rites and ceremonies by way of Saptapadi at Jind 09.03.2008.. (where there is no
marriage certificate an affidavit may be attached as proof of marriage)

48
2. That the status and place of residence of the parties before the marriage and at the time of filing
of petition are as under:-

Wife Husband
Status Place of Residence Status Place of residence
--------------------------------------------------------------------------------------------------------
B.M Hindu Virgin Safidon, Disst. Jind Hindu bachelor Narwana Distt. Jind
A.M Hindu married -do- Hindu married -do-

3. That after solemnization of the marriage the petitioner No. 1 and petitioner No. 2 lived together
and cohabited with each other as husband and wife at Jind and consummated the marriage and
one female child namely Yashika was born out of this wedlock. And shall live under the care
and custody of the respondent in the future. (Respondent means petitioner no. 2- the father).
4. That petitioners lived together as husband and wife but they could not adjust with each other
from the very beginning of their marriage due to temperamental differences.
5. That more than two year has already passed/ elapsed since when the parties have been living
separately. Both parties in these circumstances have mutually agreed to seek a decree of
divorce by mutual consent.
6. That the parties have already mutually settled their claims of assets and liabilities. The parties
have no other further claim what so ever against each other. Petitioner No. 1 undertakes not to
claim any kind of Stridhan as the articles and gifts of dowry etc. have already been taken back.
Further undertakes that she will not claim any kind of maintenance.
7. That the petition is being filed after the lapse of statutory period of separation of one year. (No
petition for divorce can be filed before a year of marriage has lapsed).
8. That the petition is being filed with the consent of the parties and both the parties have mutually
agreed that the marriage be dissolved by passing a decree of divorce
9. That both parties have not condoned in any manner the cruel acts complained of each other. Both
parties agreed for dissolution of their marriage.
10. That the mutual consent has not been obtained by playing fraud, threat, coercion, force or by
undue influence.
11. Not sub judice
12. No legal bar on relief prayed
13. Establishing jurisdiction
14. That a court fee of Rs. 25/- is affixed on the petition.
It is therefore prayed that the marriage between the parties may kindly be dissolved by a decree
of divorce u/s 13(B)(i) of the Hindu Marriage Act.
Dated:
Place: (signatures)
Verification

49
Dated:
Place: (signatures)

Affidavit

Rohan: Should this not have been filed before a family court?
Dahiya: yes, but here there was no district judge, family court so the district judge, senior
division was empowered to receive the petition. But normally such petitions should be filed
before a district judge, family court.

March 22, 2017 (2 lectures)

Motor accidents petitions- Whenever someone dies in a motor accident, the legal representative
can file a petition u/ 166(?) for compensation. If a person sustains injuries due to the loss and
negligence of the other person they can file for compensation u/s 166. It is a social legislation.
Such cases are filed in the motor accident claims tribunal. Every district judge and addl. DJ has
the power to hear motor accident claims.

Judges have multiple responsibilities. When the judge is hearing civil cases it will be written as
Justice Roshan Lal, District Judge., when hearing a criminal case, it will be written as sessions
judge and when he (she) hears motor accident claims it will be written as in the court of Rohan
Lal, Motor accidents claims tribunal. When hearing rent control act cases, it will in the court of
Justice Roshan Lal, appellate authority. In case of additional judges you will write addl district
judge or addl sessions judge, but in claim petitions under the motor accidents claims tribunal the
prefix additional will not be written. Addl. is not added in case of rent cases either. Designation
differs from case to case.

There are always three necessary parties to be impleaded- the driver of the offending vehicle
(always respondent no. 1), the owner of the offending vehicle (respondent no. 2), and the
insurance company (respondent 3).

Liability of the driver, owner and insurance company is jointly and several. Owner is vicariously
liable for the acts of the driver done during the course of employment. Suppose the owner herself
was driving the vehicle, then there would be only two respondents (no.1= owner as well as driver
of the offending vehicle and insurance company).

50
 Drafting of this claim petition is different from other plaints and petitions. It has to be drafted in
accordance with the proforma provided in the MV Act. It does not include each and every fact in
para form like regular plaints/ petitions. It must include:
Particulars:
1. Person who has died in the accident
Name, fathers name, age at the time of death, monthly income
2. Particulars of driver
Name, fathers name, address
3. Particulars of any FIR
FIR No., date, u/s, police station
4. Particulars about MLR, PMR
Report number, dated, details of the doctor who conducted the examination
5. Particulars of ownership
Name, registration no., type of vehicle
6. Brief particulars of accident
7. Amount of compensation claimed

In the court of Motor Accidents Claims Tribunal, Jind. (stamp says assigned to Sh. J.S Dahiya,
Addl Distt & Sessions Judge for disposal)

Smt. Murti Devi aged about 55 years w/o Sh. Ram Kumar r/o village Nidani Teh and Distt. Jind
.Petitioner
Vs
1- Jia Singh s/o Satpal, Caste Kumhar r/o Village Amrehi Teh and Distt. Jind (Driver of Three
Wheeler No. HR 56-9552).
2- rakesh s/o Daya Singh r/o village Amrehi Teh adn distt. Jind (owner of three wheeler no. HR
56-9552)
3- Insurer of three wheeler no. HR 56-9552 not known to be disclosed by respondents no. 1 and
2 later on.
...responden
ts

Claim petition u/s 166 of the motor vehicle Act as amended up to date for compensation to the
tune of Rs. 10,00,000 (Rupees Ten Lac) on account of injuries sustained by the petitioner in a
motor vehicle accident

51
 Sir,
I, the above named claimer/ petitioner.
Then the particulars start after this.

In her particulars the claimant has said that her occupations is household lady and also
supporting in agriculture and dairy farming work of her family members, and then in the column
for monthly income says Rs. 10,000 per month. Dhiya sees a contradiction in this.He is saying
that she is estimating her monthly income based on what domestic help may get for the same
work done by her.
See the document (email).

When writing the cause of action, if an FIR was filed then the facts as mentioned in the FIR
should also be mentioned in the claim petition.

The final paragraph says it is further prayed that any other relief to which the petitioner found
entitle din the facts and circumstances of the case may be kindly granted in favour of the
petitioner in the interests of justice. Dahiya says there is no need for this extra clause but 50% of
the advocates put this clause in just in case the court is willing to give something that they may
have missed.

Written statement- same as other WS seen so far. Starts with preliminary objections (the usual).

March 28, 2017

On Merits:
1. That para no. 1 of the petition is denied for want of knowledge
2. That para no. 2 of the petition is denied for want of knowledge
3. That para no. 11 of the petition is wrong and denied. The petitioner has not sustained any injuries
in the alleged accident.
What would happen if this fact were admitted by the respondent? It would make the plaintiffs
case a lot easier. Admissions of such crucial facts will lead to the court decreeing in favour of the
plaintiff based on the admissions of the respondent.

Now the court will frame the issues:

The bone of contention is about the registration number of the offending vehicle.

52
1. Whether respondent no. 1 was driving the three wheeler bearing registration no. HR 56- 9552
rashly and negligently on 05-07-2010 and caused the accident resulting in injuries on the person
of the plaintiff? ... OPP
Jesslina wants to know if this amounts to pleading a new fact (the difference in registration
number). Dahiya says this is not a new fact it is just a difference in contention and we dont
know who is telling the truth. The issue will remain the same. The plaintiff can file an
application to correct her mistake if there was a mistake.

March 29, 2017

Today we will see a motor vehicle petition for a death case. The particulars are the same as with
an injury case but there are some minor differences. The legal representatives of the deceased
would file the case because a deceased person cannot file a case (oh really, genius?)

Petition Before M.A.C.T

Before Motor Accident Claim Tribunal, Rohtak
Petition No.. Of 2009
1. Dheeraj...s/o late Shri Kanti lal
2. Smt. Bimla. Widow of Shri Kanti Lal, both resident of House No. 2 Sector No. 2, HUDA,
Rohtak, Haryana Petitioners
Versus
1. Ram Kumar. s/o Shri Bhim, r/o House No. 19, Prem Colony, Rohtak (Owner and Driver of
a car No. HR 12-1999)
2. Oriental Insurance Co. Rohtak Respondents

We, the heirs and legal representatives of the late Shri Kanti Lal s/o Shri Rohtash who died in
accident, hereby apply for the grant of compensation for the death of Shri Kanti lal. Necessary
particulars in respect of the death, vehicle etc. are given below:

(In case of petition for compensation for injuries it would read I, the petitioner. Grant of
compensation for injuries.)

1. Name and fathers name of the person dead

2. Full Address of the Person Dead
3. Age of the person dead
4. Occupation of the person dead
5. Name and employer of the person dead
6. Monthly income of the person dead

53
7. Does the person in respect of whom compensation is claimed pay income tax? If so, state the
amount of income tax to be supported by the documentary evidence.

The categories of particulars that get covered are: particulars of dead person (first 7 points
above), particulars of the criminal case/ accident, particulars of the owner/ driver/ insurance
company, and finally cause of action description.

According to Dahiya this is important to point out to us: If a person has suffered injuries you will
spend money on treatment and mention that in the particulars, but if the person died on the spot,
there will be no money spent on treatment, hence you will just fill the particulars for the column
asking about how much money was spent on treatment as died on the spot.

Kanchan is asking if Dahiya will share a proforma with us for each of these petitions. Dahya
asked us to just save all of this information in our minds, they are like computers. Dont worry
Kanchan, I have stolen his petitions from the e station.

In the column any other information that may be necessary and helpful in the disposal of the
case, you can mention anything that has not been covered in the other columns and that you
want the tribunal to consider when assessing the compensation. This is like the last question in
313 statements- it is all yes or no questions and in the end the judge will ask if you want to say
anything more and the accused can state whatever she wants.

54
Dr. Sarita Sangwan

February 10, 2017

Draftings may be of three types- functional, informative and persuasive drafting. All deeds have
a certain function, they tell you the relation between parties, so drafting these lease deeds etc. is
functional drafting. Transfer of immovable property uses functional drafting.

What is the difference between document, deed, and instrument? Any material described on any
substance is a document. The substance may be a paper, wall anything and anything may have
anything written on it, like letters, figures etc. This is defined in the Evidence Act. But when the
document provides for rights or extinguishes rights it is called an instrument. Deed is an
instrument dealing with immovable property. Instrument and deed are defined in general clauses
Act.

Persuasive drafting will involve some dispute or contention which is pending or under
consideration. For example, petition for anticipatory bail, plaint, written statement etc. For
example, prior to Menaka Gandhi principles of natural justice were just persuasive. The text of
Article 21 was not changed, it was just a fiction created by the court. Informative drafting means
you just want some information from someone like your client, so a letter requesting certain
details will be informative drafting.

Conveyancing means transferring property under the various rules of the TPA. Conveyancing
comes from common law and means conveying immovable property. In India, we used other
words and instruments like Kabuliyatdar, <missed>.

Two types- deed indenture and deed pole. Deed pole is cut at the poles and has a hexagonal
shape and is created by a single person. For example wills, power of attorney. Deed indenture is
created by more than one person, two copies re written on the same paper and then cut in the
middle in a zigzag manner. This is not in use any more, this is just the history of common law. To
determine authenticity, they would put the two halves together to see if they matched. We dont
use these words in India which just identify them by name- sale deed, mortgage deed etc.

Students making projects on conveyancing deeds you can use the book by Shiv Gopal.

55
 There are many parts to a deed. We start with this deed of sale/ mortgage etc Name of the deed
is necessary. Then the date of execution is mandatory, except for wills because the execution of
the will will (hehe :p) happen only after the death of the person, so the date on which it was
made doesnt matter. What is the purpose of mentioning the date of the deed?

SLIDES- Conveyancing

Section 3 of the IEA- defines document

Document means any matter expressed or described upon any substance by means of letters,
figures or marks, or by more than one of those means, intended to be used, or which may be
used, for the purpose of recording that matter. Illustrations A writing 5 is a document; Words
printed, lithographed or photographed are documents; A map or plan is a document; An
inscription on a metal plate or stone is a document; A caricature is a document.

The draftsman must have thorough knowledge of the applicable laws, for example:

1. Indian Registration Act

2. Indian Stamp Act
3. Transfer of Property Act, 1882

If the deed is not registered then it cannot be used in a court of law as evidence. Whatever you
write on the sale deed or whatever deed, will be treated as admissions under section 17 of the
IEA. So what will you do if your client wants to transfer an unborn person or a child? If it is in
favour of unborn person then you have to create a life interest in favour of living person
otherwise it will be void (section 13-14 of TPA), and your client's wish will not be completed.
(So random). If you are transferring to a minor you have to write the name of the guardian.
Please start reading all these laws. Each state will have its own registration and stamp act. In case
of women the registration fee is less so more people are registering property in womens names

SLIDE- Components of a Deed

1. Name or title of deed

2. Date and place
3. Parties
4. Recitals
5. Testatum
6. Terms and conditions
7. Habendum
8. Testimonium
9. Schedule of the property
10. Execution and attestation
A. The non-operative part contains (missed)

56
B. The operative part (missed)
C. The formal part
a. The testimonium
b. Signature and attestation
c. Parcels or description ofthe property

SLIDE- Name and Title of Deed (will have to be in capital letters)

THIS DEED OF SALE made on the fifth day of April two thousand and sixteen (5th of April,
2016) between.

Wills take effect not from the date of execution but the date of death of the executant (testator)

SLIDE- Parties to the deed

It is usual to describe the parties by their name, age, parentage, occupation and residence. In
cases where it is intended that the successors of the parties will also be bound by the deed it is
usual to add a clause after the description of the parties stating:

The parties shall include their heirs, successors, assigns and legal representatives

SLIDE- Description of company and firm

The Delhi Sugar Mills Co Ltd. a company registered under the Companies ACt, 1956 having its
registered office at . (address)

A.B, son of .. Resident of.., a partner of, and acting for and on behalf of the form
carrying on business under the name and style of (Firms name) at. (firms address)

SLIDE- Idol Act through its manager

The idol of . Installed in the temple known as at. Acting through its Sarbarakar
(or manager or shebit) Shri, son of.., resident of.

Minor can act through their guardians

A, son of.., resident of (missed)

SLIDE- Trust acts through its trustees

ABCD and EF, trustees of the trust known as .. Trust, situated at

Government: contracts on behalf of the Union of India and state government are entered into by
the PResident or the GOvernor as the case may be (Article 299)

57
 SLIDE- Reference to parties in the body of the deed

Unilateral deed: since there is only one party, he can refer to himself as I or the executant in the
body of the deed

Bilateral deeds: Its is usually to describe the parties by the capacities like:

Between AB.(hereinafter called the lessor) and CD.. (hereinafter called the lessee)

Then refer to the parties as lessor and lessee in the rest of the document

SLIDE- Multilateral parties

The description is:

This deed of partition dated. Between A.B (party of the first part), C>D.(party of the
second part), E.F(part of the third part)

In the rest of the document the parties will have to be written as part of the first part, second part
etc.

SLIDE- Recitals

Recitals contain brief history of the property forming the subject matter of the ded up to its
vesting in the transferee. It should als mention the reason by which the present gestator has been
enabled to make grant. This is technically called narrative recitals. Next follows introductory
recitals which may contain facts relating to the motive of transfer culminating in the executions
of the deed.

February 27, 2017

SLIDE- Recitals

Contains the background/ factual details of the transaction between parties

Begin with whereas the parties are desirous of or have agreed on some particular course of
action
Normally used to narrate the:
History of property, title or nature of interest;
Relation between parties;
Action taken by the parties till the date of execution of deed;
Reasons for execution of deed
Recitals controls the operative part of the deed
Admissions in recitals are estoppel

58
 Are not admissible against person not parties to the deed.

You may not have complete title of the property, hence it is important to clarify the extent of
your ownership, which is why history of property etc. must be mentioned, right to transfer
depends on ownership. You cannot convey rights that you do not have.

To know whether a property is in fact owned by the person, you have to go to the registrars
office and look at the form number two entries. For wills it is form number 3.

SLIDE- Testatum

This is a witnessing clause and forms operative part of the deed

It contains consideration for which the transfer is made
Usually it begins with the words NOW THIS DEED WITNESSES
This part gives effect to the intention of the parties and sets out in detail the transaction between
the parties
Operative words are grants, agrees, conveys, assigns, sells, transfers etc.
It sets outs the capacities in which the parties are acting and the payment and receipt of
consideration
In this part the property which is the subject matter of the deed is also described

When mentioning the subject matter of the deed you can attach a map of the property as part of
a schedule of properties. There are some people are good at making maps, you can hire them,
they make good money (whattissaying?)

SLIDE- Habendum

This part of the deed or instrument commences with the words To Have and To Hold
The purpose of the habendum is to define the interest conveyed and to set out the limitation on
the property involved
It shows whether the transfer is of a life interest of the creation of a trust or an absolute sale
It mentions whether the property is encumbered or not
It also names the grantee again

SLIDE- Exceptions and Reservation

Reserve a right to extract minerals from the leased land by the lessor in the deed
Right to drain rain water in the land of the transferee

For deed writing, read TPA again. Suppose the client wants some reservation about not
transferring 100% of the rights, then those reservations must be mentioned in the deed. If you
want to restrain some further rights, like subleasing, that must also be mentioned.

SLIDE- The Formal Part COntains

59
 The testimonium- this sets out the fact that the parties have signed the deed . It usually begins
with the words:
In witness whereof the parties aforesaid, namely. Have on the day and year just above
mentioned put their signatures in the presence of witnesses.
If the date of the execution of the deed has not been given in the beginning it is to be given in
this part
In place of words the day and year just above mentioned the words this day of. Year
Be substituted
Signature and attestation:
Where a document consists of more than one page the parties and witnesses must sign on each
page.

SLIDE- Section 3 of TPA

attested, in relation to an instrument, means and shall be deemed always to have meant attested
by two or more witnesses each of whom has seen the executant sign or affix his mark to the
instrument, or has seen some other person sign the instrument in the presence and by the
direction of the executant, or has received from the executant a personal acknowledgement of his
signature or mark, or of the signature of such other person, and each of whom has signed the
instrument in the presence of the executant; but it shall not be necessary that more than one of
such witnesses shall have been present at the same time, and no particular form of attestation
shall be necessary

Section 3 of Indian Succession Act, 1882 for attesting wills.

SLIDE- Stamping and Registration

Section 17 of Indian Stamp Act, 1899

Stamp duty is a concurrent subject, many states have passed their own stamp legislations
Object is to increase revenue
Section 35 of stamp Act and section 91 of IEA, excludes both the original and secondary
evidence of its contents if its unstamped or insufficiently stamped
If a document is not stamped or properly stamped, it is liable to be impounded. Section 3 of
Stamp Act and person is liable to be prosecuted and fined/ punished u/s 62 of Stamp Act.

SLIDE- Section 17 of Indian Registration Act

<copy section>

SLIDE- section 51- register books to be kept in several offices

51. Register-books to be kept in the several offices.

60
 (1) The following books shall be kept in the several offices hereinafter named, namely: A
In all registration offices Book 1, Register of non-testamentary documents relating to
immovable property. Book 2, Record of reasons for refusal to register. Book 3, Register of
wills and authorities to adopt, and Book 4, Miscellaneous Register. BIn the offices of
Registrars Book 5, Register of deposits of wills.

(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections
17, 18 and 89 which relate to immovable property, and are not wills.

(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18
which do not relate to immovable property.

(4) Nothing in this section shall be deemed to require more than one set of books where the
office of the Registrar has been amalgamated with the office of a Sub-Registrar.

SLIDE- Section 55, Indexes to be made at RO

55. Indexes to be made by registering officers, and their contents.

(1) Four such indexes shall be made in all registration offices, and shall be named, respectively,
Index No. I, Index No. II, Index No. III and Index No. IV.

(2) Index No. I shall contain the names and additions of all persons executing and of all persons
claiming under every document entered or memorandum filed in Book No. 1.

(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such
document and memorandum as the Inspector-General from time to time directs in that behalf.

(4) Index No. III shall contain the names and additions of all persons executing every will and
authority entered in Book No. 3, and of the executors and persons respectively appointed
thereunder, and after the death of the testator or the donor (but not before) the names and
additions of all persons claiming under the same.

(5) Index No. IV shall contain the names and additions of all persons executing and of all
persons claiming under every document entered in Book No. 4.

(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the
Inspector-General from time to time directs.

March 20, 2017

61
Adoption Deeds

SLIDE- what are the laws governing adoption?

The Hindu adoption and Maintenance Act of 1956. Under this Act a single parent or married
couple are not permitted to adopt more than one child of the same sex.

Foreign citizens and NRIs are supposed to formally adopt their children according the adoption
laws and procedures. Juvenile Justice ACt 200 in case of abandoned or abused children and not
those who have voluntarily been put up for adoption. Permission of court required under JJ Act.

SLIDE- what are the conditions to be fulfilled by an adoptive parent?

An adoptive parent should be medically fit and financially able to care for a child. A person
wishing to adopt a child must be at least 21 years years old. There is no legal upper age limit
In case of adoption of older children, the age of the parents may be relaxed accordingly. For
example, for one year old child
In case of an adopted child with special needs, the age limit may be relaxed marginally by the
State government.

SLIDE- New guidelines for adoption of children become operational

SLIDE- S. 6. Requisites of a valid adoption
SLIDE- S.7 Capacity of Male Hindu to take in adoption
SLIDE- S.8. Capacity of a female Hindu to take in adoption
SLIDE- S.9. Persona capable to give in adoption
SLIDE- 10. Persons who may be adopted
SLIDE- S. 11. Other conditions for a valid adoption
SLIDE- 12. Effects of adoption
SLIDE-13. Right of adoptive parents to dispose of their properties
14. Determination of adoptive mother in certain cases
SLIDE- 15. Valid adoption not to be cancelled
SLIDE- Presumption as to registered documents relating to adoption
SLIDE- 17. Prosecution
SLIDE- deed sample (copy from slides)

March 27, 2017

62
 Syllabus- order VI, VII, VIII of CPC- 5 mark question (not practical). There will be a plaint
given to you to which you will have to write a WS. Deed writing is part of the syllabus.

SLIDES- Deed of Will

SLIDE- section 2 of the Indian succession Act

(h)Will means the legal declaration of the intention of a testator with respect to his property which
he desires to be carried into effect after his death.
(b) codicil means an instrument made in relation to a Will, and explaining, altering or adding to its
dispositions, and shall be deemed to form part of the Will; 1[(bb) District Judge means the Judge of
a Principal Civil Court of original jurisdiction;]
(f)probate means the copy of a Will certified under the seal of a Court of competent jurisdiction
with a grant of administration to the estate of the testator; 3[(g) State includes any division of India
having a Court of the last resort;]

For Muslims only 1/3rd of her estate can be bequeathed, everything else will be distributed
according to Sharia.

SLIDE- Kinds of Will

Privileged and unprivileged wills
Privileged will- section 65 of Indian SUccession Act, 1925.

SLIDE- Execution of Privileged Will

See section 65

SLIDE- revocation of privileged will or codicil- section 72

SLIDE- unprivileged wills
All other written instruments signed by the testator and attested by at least two witnesses present
at the same time shall be deemed to be an unprivileged will. An unprivileged will shall cancel the
privileged will.
A will written wholly by the testator in her own hand is termed as a holograph will.

SLIDE- Revocation if unprivileged will

See section 70

SLIDE- who is competent to ake a will?

1. Every person of sound mind, not being a minor

63
2. A married woman may dispose of by will any property which she could alienate by her own act
during her lifetime
3. Persons who are deaf and dumb or blind are thereby incapacitated <missed>
4. A person who is ordinarily insane may make a will during an interval in which he is of osund
mind
5. No person can make a will while he is in such a state of mind, whether arising from
(a) Intoxication, or
(b) illness, or
(c) any other cause
that he does not know what he is doing

SLIDE- How a will is executed

1. Testator shall sign or affix his mark to the will or it shall be signed by some other person in her
presence and by her direction
2. At the time of execution at least two witnesses should be present (not required in case of
privileged wills)
3. If not, the testator shall declare and recognise the writing <missed>
4. Just see section 63

SLIDE- Registration
A will need not be registered compulsorily but if so desired it may be registered by the testator
during her lifetime and thereafter by any person who is a party to such will. A will may be
deposited with the registering authority u/s 42 of the Indian Registration Act.
No stamp duty or stamp paper is required. No registration fee is also charged, registration fee is
only in case of deposition.

SLIDE- Wording of a will

Section 74 of the ISA, 1925 lays down that the use of technical word or terms of art are not
necessary in a will but the wording should be such as to clearly indicate the intention of the
testator.

If the client wants to will something to an unborn person you must clraify to them that the law
requires them to transfer interest first to a living person and only then to an unborn person.

SLIDE- Simple form of a will appointing an executor

I A.B, aged.. Years, son of resident of, do hereby make and declare this as my LAST
WILL and TESTAMENT whereby I leave, bequeath and give to(my wife/ son/ daughter) all
my property movable <missed>

64
 I declare that I am in good health and possess a sound mind. This will is made by me and without
any persuasion or coercion and out of my own independent will.
THIS WILL cancels all my previous WILLS/ CODICILS made up to this day. This testament
shall take effect only on my demise and till such time I shall continue to own and enjoy the
properties that I own.
WHEREAS I am having one son Mr and two daughters Mrs.. and <rs.
AND WHEREAS all my daughters are married and well off and I have done all I could do for
them according to my status, resources and circumstances and therefore I do not wish to
bequeath anything in their favor;
AND WHEREAS besides other assets <missed>
1. Bank balance of my saving account no with .(bank name and address)
2. My bank fixed deposits in (bank name) bearing (FD receipt no.)
3. The proceeds of my <missed>
IN WITNESS whereof I, the said A.B, have hereto signed at this the . Day of .
2016
Sd. A.B
SIGNED by the said A.B, (or declared by the said A.B) as his last WILL and testament.

March 30, 2017

Injunctions
Interim injunctions are filed under Order 39 of CPC, permanent injunction is filed under Specific
Relief Act. Interim injunction is an application, whereas a permanent injunction must be filed as
a case, you must file a plaint for relief.

There is no right to an injunction, it is the courts discretion to grant one based on what has been
proved or not proved in court.

SLIDE- Section 36. Preventive Relief How Granted

Preventive relief is granted at the discretion of the court by injunction,temporary or perpetual.
37. Temporary and perpetual injunctions
(1) Temporary injunctions are such as are to continue until a specific time, or until the further
order of the court, and they may be granted at any stage of a suit, and are regulated by the CPC
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the
merits of the suit; the defendant is thereby perpetually enjoined from, the assertion of a right, or
from the commission of an act, which could be contrary to the rights of the plaintiff.
A suit for permanent injunction may be filed u/s 38 of Specific Relief ACt

65
38. Perpetual injunction when granted
(1) Subject to the other provisions contained in this chapter, a perpetual injunction may be
granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether
expressly or impliedly.
(2) When any such obligation arises from contract, the court shall be guided by the rules and
provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of,
property, the court may grant a perpetual injunction in the following cases, namely,-
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be
caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.
SLIDE- Section 41. Injunction when refused
An injunction cannot be granted-
(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the
suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity
of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not
subordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically
enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be
a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of
proceeding except in case of breach of trust;
(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to the
assistance of the court;
(j) when the plaintiff has no personal interest in the matter.

SLIDE- Section 42
42. Injunction to perform negative agreement
Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an
affirmative agreement to do a certain act, coupled with a negative agreement, express or implied,

66
 not to do a certain act, the circumstances that the court is unable to compel specific performance
of the affirmative agreement shall not preclude it from granting an injunction to perform the
negative agreement:
PROVIDED that the plaintiff has not failed to perform the contract so far as it is binding on
him.

SLIDE- Temporary Injunction

Order 39, Rule 1 and 2
1. Cases in which temporary injunction may be granted.- Where in any Suit it is proved by
affidavit or otherwise
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
defrauding his creditors,
(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit,the court may by Order grant a
temporary injunction to restrain such act, or make such other Order for the purpose of staying
and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or
dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any
property in dispute in the suit] as the court thinks fit, until the disposal of the suit or until further
orders.

Model Form of Suit for Permananet Injunction

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, DWARKA
SUIT No.(will be filled by the registrar)
In re:
ABC & CO.(p.) Ltd plaintiff
Versus
Shri defendant

SUIT FOR PERMAMNENT INJUNCTION

R/Sir,
That the plaintiff above named most respectfully submits as under

1. That the plaintiff is a company registered under the Indian COmpanies Act, 1956, and shri is
the director of the company duly authorised to sign and verify the pleadings, appoint advocate,

67
 swear affidavit, depose on behalf of the company as per the resolution passed in the Board of
Director's Meeting held on..
2. That the plaintiff company appointed the defendant as a programmer in the year.
3. That the responsibility of the defendant in the plaintiff company was to lead a team of
programmers to design, develop and implement software as per the directives of the plaintiff
company. The defendant was also responsible for upkeeping and maintaining all the software so
far developed by the plaintiff company.
4. That the D by virtue of..
5. That in the month of the plaintiff was awarded a contract for developing software by a
foreign client
6. That it wa settled that the plaintiff will produce a prototype for the project.
7. That accordingly, ..
8. That from then onwards, the behaviour of the defendant became erratic.
9. That there were delays in delivering the projects to the client, the client stopped making payment
of the installments.
10. That the D instead of resorting to project preparation, delayed the same.
11. That from then onwards, the D started dissociating himself from the prject work and openly
started.
12. Missed
13. That on.. The plaintiff received an email from the client abroad mentionig that the D was
conferring with them directly since. And the contents of the email further revelaed that the D
was in direct link with business associates and clients
14. That the P was shocked and surprised to read the email sent by the D to the clients but the P kept
quiet for some time as the P was interested in further investigating the matter.
15. That the misdeeds and ill will of the D did not end there and the D continued contacting business
associates and customers of the P company even thereafter
16. that on
17. (lost f clauses in between)
Prayer:-
Taht the P prays for the following reliefs:
1. A decree for permanent injunction may be passed in favour of the P and against the D thereby
restraining the D from using the electronic records of the hard disk
2. missed
Plintiff
Through
Director
Through
Counsel
Verification

68
An application for temporary injunction
IN THE COURT IF SENIOR CIVIL JUDGE

69