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Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) MODEL DRAFT FOR WRITTEN STATEMENT IN THE COURT OF SHRI ……………… CIVIL JUDGE          (DISTRICT __________), DELHI        SUIT NO. ……………………OF 2017 X_______________ VERSUS Y_________________ ….. DEFENDANT …. PLAINTIFF WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT MOST RESPECTFULLY SHOWETH: PRELIMINARY OBJECTIONS :           1. That the suit is barred by limitation under Article .......... of the Limitation Act and is liable to be dismissed on this short ground alone.      2. That this Hon‟ble Court has no jurisdiction to entertain and try this suit because.....................     3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is therefore liable to rejected outrightly.    4. That there is absolutely no cause of action in favour of the Plaintiff and agianst the Defendant. The suit is therefore liable to be rejected on this ground also. 5. That the suit is bad for non-joinder of necessary parties, namely ..........................      6. That the suit is bad for mis-joinder of Z.      7. That the suit is barred by the decree dated ................... passed in suit No....................... titled Y Versus X by Sh. ..........................., Sub-Judge, Delhi, The present suit is therefore barred by the principle of res-judicata and therefore liable to be dismissed on this short ground alone.      8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing No.................. is pending in the Court of Sh. ......................., Sub-Judge, Delhi 9. That the suit has not been properly verified in accordance with law.      10. That the Plaintiff‟s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of contract by the Defendant. Assuming, though not admitting, that the Defendant has committed any alleged breach, the remedy available to the Plaintiff is by way of the suit for specific performance and not sent for specific performance.     11. That the Plaintiff‟s suit for permanent injunction is also barred by Section 41 (i) of the Specific Relief Act because he has not approached this Hon‟ble Court with clean hands and his conduct has been most unfair, dishonest and tainted with illegality.     12. That the Plaintiff‟s suit for declaration is barred by Section 34 of the Special Relief Act as the plaintiff has omitted to claim further consequential relief available to him.     13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service cannot be enforced.    14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a) Rent Control Act/Section 478 of the Delhi Municipal Corporation Act.     15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of the Indian Partnership Act and as such is not competent to institute this suit.     16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988, and is therefore liable to be dismissed outrightly. ON MERITS :         Without prejudice to the preliminary objections stated above, the reply on merits, which is without prejudice to one another, is as under:-     1. That para 1 of the plaint is correct and is admitted.     2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put to the strict proof of each and every allegation made in the para under reply.     3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically denied that the Plaintiff is the owner of the suit properly. As a matter of fact, Mr. N is the owner of the suit properly.     4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the suit properly. However, the remaining contents of para under reply are absolutely incorrect and are denied. It is specifically denied that......................     5-10. (Each and every allegation must be replied specifically depending upon the facts of each case. The above reply on merits is therefore only illustrative in nature.)      11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the Plaintiff and against the Defendant because....................... The plaintiff is therefore liable to be rejected outrightly.      12. That para 21 is not admitted. This Hon‟ble Court has no jurisdiction to entertain this suit because the subject matter of this suit exceed the peciniary jurisdiction of this Hon‟ble Court.     13. The para 13 is not admitted. The suit has not been properly valued for the purpose of court fee and jurisdiction. According to the Defendant the correct valuation of the suit is Rs................... PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to: a) Dismiss the suit of the plaintiff. b) Award costs to the defendant. c) Pass any other just and equitable order as deemed fit in the interest of justice. DEFENDANT Delhi Dated VERIFICATION :         Verification at Delhi on … day….. of , 20… that the contents of paras 1 to …. Of the preliminary objection and para…to… of reply on merits are true to my personal knowledge and those of paras … to ….of preliminary objection and para…to… of reply on merits are true & correct on the basis of legal advice received and belived to be true. Last para is prayer to the Hon‟ble Court. THROUGH ADVOCATE DEFENDANT [NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be verified and supported by affidavit]

IN THE HIGH COURT OF THE JUDICATURE OF ……………. AT ………………. C.M.P. No……………….. of  20………… In C.M.P No ……………... of  20 ……….. Between : ………………….. …………………..                                                                       … Petitioner/Defendant And ………………….. ………………….                                                                                 … Respondents Affidavit I, Mr……………………… an adult, Indian inhabitant ....………………, residing at …………………., District........., do hereby solemnly affirm and state as follows: 1. I am the defendant in the suit and the petitioner herein and I am well acquainted with        the facts of the case.  2. I submit that this Hon’ble Court in C.R.P…………………… was pleased to dispose off the revision with a direction directing me to pay an amount of Rs. ………………… from ……………….. till today within a period of ………………. weeks from the date of the date order. I submit that I was informed that the Court has granted four weeks time to pay the amount and I have made necessary arrangements to get the amount by ……………………….. I submit that I have received the order copy on …………………. and I found that the time granted by this Court is only two weeks for payment of the amount. 3. I submit that I could not pay the amount within the time prescribed by this Court. The non-payment of the amount as directed by this Court is neither willful nor wanton but due to the communication gap. Hence it is prayed that the Hon’ble Court may be pleased to extend the time for a period of one week from today for payment of the amount as directed in C.R.P. No…………………….. dated………………….. and pass such other or further orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case. Deponent Before me Solemnly affirmed at ..................... on this …………….. day of.............. 20......        Advocate............. MISC. PETITION  Under section 151 OF C.P.C IN THE HIGH COURT OF THE JUDICATURE OF ……………. AT ………………. C.M.P. No……………….. of  20………… In C.M.P No ……………... of  20 ……….. Between : A.B.                                              ... Petitioner/Defendant And C.D.                                              … Respondents For the reasons stated in the affidavit filed alongwith it is prayed that the Hon’ble Court may be pleased to extend the time for a period of one week from and today for payment of the amount as directed in C.R.P.No ………………………………… dated ……………………………………….. and pass such other or further orders as the Hon’ble Court deem fit and proper in the facts and circumstances of the case. Place : Date :  Advocate for the petitioner Download Word Document In English. (Rs.30/-)

Foreclosure or Sale In the Court of ....._____________________________________.. KK……………. ………………………… resi………….. .................................................. Plaintiff                                                         against GM……………………….................  resi…………………………………..……….................... Defendant  KK., the above-named plaintiff, states as follows:-  1. The plaintiff is mortgagee of lands belonging to the defendant.  2. The following are the particulars of the Mortgage:-  (a) (Date);  (b) (Names of Mortgagor and Mortgagee);  (c) (Sum Secured);  (d) (Rate of interest);  (e) (Property subject to Mortgage);  (f) (Amount now due);  (g) (If the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims). (If the plaintiff is \Mortgagee in possession add).  3. The plaintiff took possession of the mortgaged property on the ……...... day of……....  /…………  .and is ready to account as mortgagee in possession from that time.  [i. Facts showing when the cause of action arose and that the Court has jurisdiction. ]  ii. The value of the subject-matter of the suit for the purpose of jurisdiction is ................Rupees and for  e purpose of Court-fees is ................Rupees.] 6. The plaintiff claims- (1) payment, or in default [sale or] foreclosure [and possession]; [Where Order 34, rule 6, applies.] (2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty be reserved to the plaintiff to apply for...... 1[an order for the balance]. Dated : Plaintiff / Defendant Through, Advocate  Verification: I, ____________________________, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.  Affirmed at PUNE.. this ______.  Plaintiff / Defendant  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) SUIT FOR MONEY LENT UNDER AN AGREEMENT THAT IT SHALL BE PAYABLE ON DEMAND Nature of grievance: Suit for money lent under an agreement that it shall be payable on demand: Where money is lent under an agreement that it shall be payable on demand – A Suit may be filed for the recovery of said money, within 3 years from the date when the money was lent, under Article 21 of the Indian Limitation Act, 1963 . Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendant be ordered and decreed to pay Rs.______, as per particulars of Claim, annexed to the Plaint (Exhibit “____”); b)     The Defendant be further ordered and decreed to pay interest on the Suit amount, @18% from the date of filing of Suit, till date of judgment; and further interest @18 / 12 / 6 % from the date of judgment till payment; c)     The Defendant be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; (as may be applicable to the facts of the case) (Please see the Note below) Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased to Order – d)     The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the case) e)     The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendant to either (i) furnish security to produce any property belonging to him and to place the same at the disposal of the Court or (ii) order the attachment of his property, or, (iii) furnish the bank guarantee for the Suit amount or (iv) deposit the Suit amount in the Court; f)      Interim/ad-interim reliefs in terms of prayer clauses _______ as aforesaid. g)     Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Note: In Summary Suits, the Reliefs could only be in the nature of Money, i.e. the Principal sum and the interest, if any claimed, and no declaration or injunction of any nature could be asked for. In Summary Suits, even unliquidated compensation or damages cannot be claimed. However, if other Reliefs are also required to be sought, then, preferably, a leave of the Court under O.2 R.2 may be obtained to file a separate Suit for other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are not maintainable in every District Court, in such cases, a comprehensive Suit for all the Reliefs may be filed. Also, please take note of this whilst making averments in the body of Plaint. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that Plaintiffs have lent money to the Defendant, under an agreement (oral or written) that the money lent shall be repaid on demand: 2.      The facts showing that Plaintiffs demanded the money: 3.      The facts showing that Defendant did not repaid: In Money Claim Suits, to claim interim relief, “of arrest of the Defendant to cause him to furnish security for his appearance, pending the disposal of the Suit”, any one of the facts must be shown to have exist – 1.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has absconded or left the local limits of the jurisdiction of the Court: or 2.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to abscond or leave the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof: or 4.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to leave India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree which may be passed against the defendant in the suit: In Money Claim Suits, to claim interim relief of “directing the Defendant to furnish security for certain sum of money, either by furnishing the bank guarantee or by depositing the said sum of money in the Court”, or to effect the conditional attachment of his immovable property, pending the disposal of the Suit”, any one of the facts must be shown to have existed. 1.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to dispose of the whole or any part of his property: or 2.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that the Defendants have admittedly committed default in making payment of debt; and the Defendants have not even bothered to respond to the legal notice of demands being issued by the Plaintiffs; and the Defendants have prima facie no defense to the demand made by the Plaintiffs; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. or 4.      Facts and circumstances showing that the Defendant has become incommunicable i.e. he is not available at the place where he regularly carries on business; and he doesn’t answers the phone calls, nor the Defendant makes any reply to the Notices which are being sent; and therefore there is a reasonable apprehension that the Defendant may dispose of the whole or any part of his property, to the serious prejudice of the Plaintiffs and other creditors of the Defendants: or 5.      Facts and circumstances showing that the Defendant in their letters and emails, in unambiguous terms have admitted the claim of the Plaintiffs; and / or the Defendants, vide their Letters / Emails dated _________ to the Plaintiffs, have stated that the Defendant is facing severe financial crunch; and therefore there is a reasonable apprehension that the Defendant may alienate, encumber, dispose or create third party rights in respect of their immovable properties, to the serious prejudice of the Plaintiffs and other creditors of the Defendant; and there may not be other properties which could have been made available for the purposes of satisfying the decree, if any, passed against the Defendants; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous.

Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) SUIT TO COMPEL A REFUND BY A PERSON TO WHOM AN EXECUTOR OR ADMINISTRATOR HAS PAID A LEGACY ETC Nature of grievance: Suit under the Indian Succession Act,1925 (39 of 1925), sections 360 or Sec. 361 , to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets: For the recovery of money by creditors and other claimants, against the estate of the deceased person – A Suit may be filed under the Indian Succession Act,1925, section 360 of Sec. 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets, within three years, from the date of the payment or distribution of assets, under Article 46 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     That the Defendant be ordered and decreed to refund Rs._______, as per particulars of Claim, annexed to the Plaint (Exhibit “_____”); b)     That the Defendant be further ordered and decreed to pay interest on the Suit amount, @18% from the date of filing of Suit, till date of judgment; and further interest @18 / 12 / 6 % from the date of judgment till payment; c)     The Hon’ble Court be pleased to declare that ___________  (declaration, in the absence of which the rights of the Plaintiff may be frustrated); (as may be applicable to the facts of the case) d)     The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff; (as may be applicable to the facts of the case) e)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; (as may be applicable to the facts of the case) Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – f)      That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the case) g)     That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendant to either (i) furnish security to produce any property belonging to him and to place the same at the disposal of the Court or (ii) order the attachment of his property, or, (iii) furnish the bank guarantee for the Suit amount or (iv) deposit the Suit amount in the Court; h)     That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the due exercise of their powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a scientific, technical, or expert investigation; or to perform any other ministerial act; (as may be applicable to the facts of the case) i)       Interim/ad-interim reliefs in terms of prayer clauses _______ as aforesaid. j)       Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that the Plaintiffs have had certain claim of money against the deceased person: 2.      The facts showing that the said claims have not been duly satisfied by the said deceased person: 3.      The facts showing that the Defendants have obtained share in the estate of the said deceased person: In Money Claim Suits, to claim interim relief, “of arrest of the Defendant to cause him to furnish security for his appearance, pending the disposal of the Suit”, any one of the facts must be shown to have exist – 1.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has absconded or left the local limits of the jurisdiction of the Court: or 2.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to abscond or leave the local limits of the jurisdiction of the Court: or 3.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof: or 4.      Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to leave India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree which may be passed against the defendant in the suit: In Money Claim Suits, to claim interim relief of “directing the Defendant to furnish security for certain sum of money, either by furnishing the bank guarantee or by depositing the said sum of money in the Court”, or to effect the conditional attachment of his immovable property, pending the disposal of the Suit”, any one of the facts must be shown to have existed. 1.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to dispose of the whole or any part of his property: or 2.      Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court: [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. Any other factual averments, having regard to the nature of Reliefs claimed.

N.O.C. TO MOTHER TO RECEIVE  DECEASED FATHER PROPERTY RENT                         Affidavit of Shri (name)___________________________ and Kumari (Name) ____________________ both son and daughter of Late Shri _________________________ Resi _____________________age ________ and …………….…… years.                         We, the above named do hereby solemnly affirm and declare on oath as under:- 1.            That we are legal heirs of Late Shri___________________ who expired on _____________________. 2.            That we and our mother Smt. ____________________ have legally inherited the entire movable and immovable properties situated at_______________belonging to late Shri ____________________________________________ including a building. 3             That Smt. __________________________ is our mother and as such we have no objection in case the rental of the premises under your occupation is paid to her as per terms of the tenancy agreement. 4.                  That whatever stated above are true and correct to our knowledge and nothing has been concealed.  Verified at_______ on ___________ Deponent. Verification:-  I, ________________________ w/o Late Shri ________________________ ,the above named deponent do hereby solemnly affirm and verify that the contents of paras 1 to 4 are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed there from.                         Verified at ______________on _____day of_______.   Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

SUIT BY EXECUTORS/ ADMINISTRATORS OR REPRESENTATIVE UNDER LEGAL REPRES. SUITS ACT Nature of grievance: Suit by executors, administrators or representatives under the Legal Representatives Suits Act, 1855:  Where some wrong acts have been committed against a deceased person during his lifetime and which has occasioned pecuniary loss to his estate, and for which wrong an action might have been maintained by such deceased person – A Suit may be filed by the executors, administrators or representatives under the Legal Representatives Suits Act, 1855, for damages / compensation, within one year from the date of the death of the person who was wronged, under Article 81 of the Indian Limitation Act, 1963. Reliefs prayed:  (As may be appropriate and applicable to the facts of one’s case) a)     The Defendant be ordered and decreed to pay Rs.______, as per the particulars of Claim, annexed to the Plaint at Exhibit “____”; b)     The Defendant be further ordered and decreed to pay interest on the Suit amount, @12% from the date of filing of Suit, till date of judgment; and further interest @6% from the date of judgment till payment. c)     The Hon’ble Court be pleased to declare that ___________  (declaration, in the absence of which the rights of the Plaintiff is frustrated); d)     The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff. e)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – f)      The Hon’ble Court, in the dues exercise of their powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a scientific, technical, or expert investigation; or to perform any other ministerial act. g)     Interim/ad-interim reliefs in terms of prayer clauses _____ as aforesaid. h)     Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1.      The facts showing that some wrong acts have been committed by Defendants against the deceased person during the deceased lifetime: 2.      The fact that such wrong acts has had occasioned pecuniary loss to the deceased estate: 3.      The fact that for the aforesaid wrong acts, the deceased might have initiated legal action against the Defendants: 4.      The fact that Plaintiffs are the executors, administrators or representatives of the said deceased: [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. If an interim Relief is asked for the appointment of Court Commissioner, to hold a scientific, technical, or expert investigation; or to conduct sale of property, etc. then facts showing that such investigation, etc. is just and necessary for the complete disposal of the Suit. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

IN THE HIGH COURT OF JUDICATURE OF ………….  AT ………. C.M.P. No……….. of …….. 20……….. in  C.R.P.  SR. No………… of 20…….. Between : …………………… ……………………         Petitioner and …………………….. …………………….           Respondent Affidavit of …………….., the petitioner herein I, ………………………………………………..………….………………., S/o……………………………………………………….…………………,  Hindu, aged about………… years, Occupation : …………………………………………………………..,  residing at ……………………………………………………………….. Mandal, ……………………………………………………..………….. District, having temporarily come down to ………….., do hereby solemnly and sincerely state on oath as follows : 1. I am the petitioner herein and am well acquainted with the facts of the case. 2. I submit that the respondent herein who was a landlord of the demised premises to me filed R.C.C. No. ………………………..….. of ………………………………. on the file of P.D.M. cum Rent Controller, …………., seeking eviction on the grounds of willful default, acts causing wastage and impairment bona fide requirement and that I was not using the premises for the purpose for which it was let out. (1) (i) I submit that the respondent landlord had infact alleged all these grounds without any substantiation and has infact not come before the court with clean hands and sought to evict me. I submit that I have put forth my contentions detailed before the Lower Court stating that infact the lease was taken by my father in the month of …………………………. on  a monthly rent of Rs…………………….... per month with an advance of Rs…… and the respondent periodically enhanced the rents upto Rs. ……..…. and  when he still sought to enhance the rent exorbitantly, for which I protested and for this reason the respondent landlord has sought to evict me basing on frivolous grounds of which were infact a pack of lies. (ii) I humbly submit that the lower Court rightly and elaborately and reasonably has discussed all the points and struck out the R.C.C…. stating that the reasons put forth by the respondent landlord of are not true and correct. The lower appellate Court also has concurred with the findings of the lower Court regarding the ground of willful default, causing impairment to the premises and bonafide requirement of the landlord are false and has struckdown all these three grounds. 2. I humbly submit the Lower Appellate Court has unreasonably given an explanation regarding the fourth ground of myself putting use the demised premises for the purpose other than for which it was letout and the Courts below had directed me to vacate the premises within two months from the date of pronouncement of the order by the Lower Appellate Court. 3. I humbly submit that I have been using the premises for a non-residential purpose alone and I am not using it for any other purpose. The Lower Court based on conjectures and surmises has chosen to observe that though I am using it for non-residential purpose, it is being used for other purpose then it is actually letout for. Infact, the premises was given only for non-residential purpose and the said premises is being used for non-residential purposes alone. For the reasons stated above, the petitioner herein prays that this Hon’ble Court may be pleased to stay the operation of the order of the learned Principal Subordinate Judge, cum Rent Control Appellate Tribunal………………………….…… in C.M.A.No ……………………………. dated…………………………….. pending disposal of the above C.R.P. Deponent Sworn and signed before me on this the …………. day of ……., ………at…….. Advocate,………………. MEMORANDUM OF CIVIL MISC. PETITION (Under Section 151 of  C.P.C.) IN THE HIGH COURT OF JUDICATURE OF ………………  AT……………. C.M.P. No……….. of …….. 20……….. in C.R.P. No……….. of …….. 20……….. Between : …………………… ……………………         ….. Petitioners And …………………… …………………….                             ….. Respondent For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to say the operation of the order of the learned Principal Subordinate Judge, cum Rent Controller Appellate Tribunal …………………………………………… in C.M.A.No ………………………….. dated…………….. pending disposal of the above Revision petition and pass such other order or orders as this Hon’ble Court cum Rent Control Appellate Tribunal deem fit and proper. Place :………. Dated :……… Advocate for Petitioner Download Word Document In English. (Rs.30/-)

Format of a Plaint by a Minor or a person of Unsound Mind in a Civil Suit   Important points to remember- Suit for and against a minor or a person of unsound mind are drafted as per Order XXXII of CPC: Rule 1: Every suit by minor is instituted in his name by a person called "next friend".Rule 3: Where a defendant is a minor, the court shall appoint a proper person to be "guardian" for the suit for the minor. An order to appoint a guardian can be obtained upon application by the plaintiff or by the minor in his name or by the minor on his behalf. Only difference between a regular suit and a suit by/against a minor is that the name of the next friend or guardian is specified along with the name of the parties. In the Court of Civil Judge Class - I at Delhi Suit No. ………… / 20…….A. B. s/o B. C.A minor through his next friend X. Y.,123, A B Road, Delhi                 .........................................  Plaintiff Vs. M. N. s/o O. P.A minor through his guardian  O. P.456, A B Road, Delhi                 .........................................  Respondent Suit for XXX The plaintiff respectfully states as follows : - (1) Plaintiff is a Govt. Servant working in Delhi. and so on......(12) Relief Claimed:  The plaintiff prays that the court be pleased to order the respondent to perform his part of the contract by transferring the said plot to the plaintiff.The plaintiff further prays that the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this litigation. Place: ………………….                                                                            (Signature of the next friend on behalf of minor)Date: …………………..                                                                                       YYYAdvocate for Plaintiff Verification   I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2014. (Signature of next friend) Plaintiff  through Next Friend Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Download Word Document In English. (Rs.25/-) Precedent No. 41 AFFIDAVIT: IN A CIVIL REVISION  PETITION - SEEKING STAY BEFORE THE HIGH COURT OF Civil Miscellaneous Petition No of, 20 In Civil Revision Petition No of Petitioner: Vs. Respondent: AFFIDAVIT of D/o , aged years,      now residing in …………………….. The deponent named above hereby solemnly affirms and states as follows:—  The deponent is the petitioner in the Civil Miscellaneous Petition and theCivil Revision Petition referred to above. The deponent herein is wellacquainted with the facts and circumstances of the case and being so,stands fully competent to swear to this affidavit. The deponent herein willbe referred to as the petitioner hereinafter.        2   It is respectfully submitted that the maintainability of the appeal referred  to above was questioned by the petitioner vide I.A. No before  the district Court on a preliminary ground. The said Court dismissed the   said application by its order dated aggrieved by which the  abovementioned Revision Petition has been filed by the petitioner. For the sake of brevity, the contents of the Memorandum of Civil Revision Petition may be read as part of this affidavit. It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by this Hon'ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable. In view of the aforementioned circumstances, it is clear that if without hearing the maintainability of the appeal, the same is allowed to be proceeded with and heard on merits, the petitioner will suffer irreparable loss and injury. It is, therefore, in the interest of justice, equity and conscience that this Hon'ble Court may stay all further proceedings in the aforesaid appeal until the accompanying Civil Revision Petition is finally disposed of. Sd./ Deponent. Verification Verified      at on      this      the day of , 20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of , 20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be avoided from affidavits and only facts be stated therein.

Injuries Caused by Negligence on a Railroad  In the Court of ...................................... KK………………………………………………….resi. ...................... Plaintiff  against  GM………………………………………………… resi .................... Defendant KK………..., the above-named plaintiff, states as follows :- 1. On the ...... day of...... /……… ... , the defendants were common carriers of passengers by railway between ...... and...... 2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. 3. While he was such passenger, at...... [or near the station of...... or... .. between the stations of... …………….and... .], a collision occurred on the said railway caused by the negligence and unskilfulness of the defendants' servants, whereby the plaintiff was much injured [having his ………………………………………. etc., and state the special damage, if any, as], and incurred ex pense for medical attendance and is ……………….. disabled from carrying on his former business as ……………………. [A. Facts showing when the cause of action arose and that the Court has jurisdiction. ]  B.. The value of the subject-matter of the suit for the purpose of jurisdiction is ...............Rrupees and for the purpose of Court-fees is ................Rupees., and Relief claimed.] [Or thus:- 2. On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendant's railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para 3.] Dated : Plaintiff Through, Advocate  Verification: I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.  Affirmed at KASARA this ______.  Plaintiff  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

नंबर 29 रेलमार्ग पर लापरवाही के कारण लगी चोटें (शीर्षक) ए.बी., उपरोक्त नामित वादी, निम्नानुसार कहते हैं:- 1. ............ के दिन ............... और ......... के बीच प्रतिवादी रेलवे द्वारा यात्रियों के सामान्य वाहक थे। 2. उस दिन वादी उक्त रेलवे पर प्रतिवादियों की एक गाड़ी में एक यात्री था। 3. जबकि वह ऐसा यात्री था, .... [या स्टेशन के पास। या स्टेशनों के बीच और ..], प्रतिवादी सेवकों की लापरवाही और अकुशलता के कारण उक्त रेलवे पर एक टक्कर हुई, जिससे वादी बहुत घायल हो गया [उसका पैर टूट गया, उसका सिर कट गया, आदि, और बताएं कि विशेष क्षति, यदि कोई हो, के रूप में], और चिकित्सा उपस्थिति के लिए खर्च किया गया है और [एक विक्रेता] के रूप में अपने पूर्व व्यवसाय को चलाने से स्थायी रूप से अक्षम है। [जैसा कि फॉर्म नंबर 1 के पैरा 4 और 5 में है और राहत का दावा किया गया है।] [या इस प्रकार:--2. उस दिन प्रतिवादी ने अपने सेवकों द्वारा इतनी लापरवाही और अकुशलता से एक इंजन और गाड़ी की एक ट्रेन को चलाया और प्रबंधित किया, जो कि प्रतिवादी के रेलवे पर और उसके साथ जुड़ी हुई थी, जिसे वादी उस समय कानूनी रूप से पार कर रहा था, कि उक्त इंजन और ट्रेन को चलाया गया और उसके खिलाफ मारा गया। वादी, जिससे, आदि, जैसा कि पैरा 3 में है।] Download PDF Document In Hindi. (Rs.15/-)