Unit 2 : CIVIL PLEADING

interlocutory application
introduction:-
An interlocutory application is simply a request made to the court during a case, asking for a
temporary decision on a specific issue that needs attention before the final decision on the
entire case.

Example:
Imagine you’re in court over a property dispute, and you’re worried that the other person
might sell the property before the court can decide who actually owns it. You can file an
interlocutory application asking the court to stop (or “freeze”) any sale of the property until
the case is finished. This would be called a temporary injunction.

The purpose of these applications is to handle urgent issues that can’t wait for the whole case
to finish. It keeps things fair and protects both parties until the final judgment.

Interlocutory application

In the Civil Procedure Code (CPC) of India, an interlocutory application is a request made to
the court seeking a temporary or immediate order or direction during the pendency of a main
suit or proceeding. This application is generally not aimed at deciding the final rights of the
parties but addresses urgent issues requiring immediate judicial intervention. Here are key
points about interlocutory applications in the context of CPC:

1. Purpose

Interlocutory applications are filed to obtain relief on matters that need immediate attention or
clarification, such as:
• Temporary Injunction to Prevent Harm: This means a temporary order from the court
that stops someone from doing something harmful. For example, if you’re worried
that someone might damage or sell your property during a legal case, you can ask the
court to issue a temporary injunction to stop them.
• Appointment of a Receiver to Protect Disputed Property: If two people are fighting
over ownership or control of something valuable (like property or a business), the
court can appoint a neutral third person, called a receiver, to take care of it. This
protects the property from being damaged or mishandled until the case is settled.
• Directions on Procedural Issues (like Evidence Production or Witness Summoning):
Sometimes, you need certain documents or witnesses to support your case. An
interlocutory application can ask the court to order the other side to produce
documents, bring certain witnesses, or do something that helps prepare the case.
• Order to Maintain or Preserve the Status Quo: “Status quo” means keeping things the
way they are. If you’re worried that the other side might make changes that would
affect your case, you can ask the court to issue an order to keep things the same until
the final decision is made.
2. Legal Basis

The CPC provides the framework for filing interlocutory applications under Order 39
(temporary injunctions and interlocutory orders), and Order 40 (appointment of receivers),
among others. These orders enable the court to grant interim relief based on the
circumstances and merits of the case.

3. Types of Interlocutory Applications

1. Temporary Injunction: This is a request to the court to stop the other party
from doing something harmful temporarily. For example, if you think the other side might
sell or damage a property that’s still being disputed, you can ask for a temporary injunction to
stop them until the case is resolved.
2. Appointment of a Receiver: If there’s valuable property or assets in dispute,
you might worry that the other party could misuse or damage them. In this case,
you can ask the court to appoint a “receiver”—a neutral person who will take care
of the property and keep it safe until the case is settled.
3. Attachment Before Judgment: If you think the other person might hide, sell, or
move their assets to avoid paying you if you win, you can ask the court to
temporarily freeze those assets. This helps ensure that if you win, there will be
something available to satisfy your claim.
4. Stay Order: If there are other legal actions or proceedings that could affect
your case, you can ask for a “stay order” to pause or stop those actions
temporarily. This ensures that nothing interferes with your case until it’s finished.
5. Commission Applications: Sometimes, you may need a local inspection or
examination related to the case, like checking a disputed property. You can apply
for a “commission” to allow an official visit or inspection, so the court has
accurate information.

4. Procedure for Filing

• An interlocutory application is filed in the same court where the main suit or
proceeding is pending.
• The applicant must present a detailed affidavit explaining the need for
immediate relief and how the situation warrants urgent action.
• The court may grant an ex parte (without hearing the other party) order in
urgent cases but usually provides the other side a chance to respond.

5. Court’s Discretion

• The decision to grant an interlocutory order is at the discretion of the court.

• The court considers factors such as prima facie case, balance of
convenience, and potential for irreparable harm.
• The relief is temporary and does not determine the main dispute but can
have a significant impact on the parties’ positions and actions during the
case.
6. Examples of Usage

For instance, in a property dispute, a party may file an interlocutory application for a
temporary injunction to prevent the other party from selling the property before the case
concludes. Similarly, in a business dispute, an application may be filed to freeze assets.

Understanding interlocutory applications is essential in litigation as they help preserve rights

and manage disputes effectively until final adjudication.

Sample format

IN THE [COURT NAME] COURT AT [PLACE]

Interlocutory Application No. [Number] of [Year]

In the Matter of Suit No. [Main Case Number] of [Year]

Between

[Applicant’s Full Name]

Applicant

And

[Respondent’s Full Name]

Respondent

Interlocutory Application under [Relevant Order and Rule in CPC]

1. Details of the Applicant

• Full Name:
• Address:
• Contact Details:

2. Details of the Respondent

• Full Name:
• Address:
• Contact Details:

3. Brief Summary of the Main Case

• Description of the main issue or dispute.

• Mention of the ongoing suit (e.g., “The Applicant and Respondent are
involved in a property dispute currently pending before this Court”).
4. Relief Sought in This Application

• Clearly state the type of temporary relief you are seeking. For example:
• Temporary Injunction: “To restrain the Respondent from
selling or
transferring the property located at [Property Address] until the final judgment is
given.”
• Appointment of a Receiver: “To appoint a receiver to manage and protect
the disputed property or business assets until the suit is resolved.”

5. Grounds for Seeking Relief

• Provide reasons justifying the relief. For example:

• “The Applicant has a prima facie case as detailed in the main suit, and
immediate intervention is necessary to prevent irreparable harm.”
• “The Applicant believes that there is a risk of asset disposal by the
Respondent, which may harm the Applicant’s interests in the property.”

6. Supporting Facts and Evidence

• Summarize any supporting evidence or documents.

• For example: “A copy of the property ownership document is attached as
Annexure A.”
7. Prayer/Request to the Court

• A formal request stating what you are asking the court to do. Example:
• “The Applicant respectfully prays that this Hon’ble Court
grants a temporary injunction restraining the Respondent from [action].”
• “The Applicant prays for the appointment of a receiver for the
management of [property/business assets].”

8. Verification

• A statement confirming that the facts stated are true to the best of the
Applicant’s knowledge and belief.

Date: [Date of Filing]

Place: [Place of Filing]

[Applicant’s Signature]
[Applicant’s Lawyer’s Name, if applicable]
 ORGINAL PETITION

In the Code of Civil Procedure (CPC) of India, an “Original Petition” refers to the initial pleading or
application made to a civil court for relief. This petition serves as the foundational document in a civil
lawsuit, setting out the claims, the facts supporting those claims, and the legal basis upon which the
petitioner is seeking relief. Here is a detailed breakdown of the key components of an Original
Petition:

1. Structure of an Original Petition

• Title and Cause Title: The petition starts with the title of the case, the name of the
petitioner (plaintiff) and respondent (defendant), and relevant details such as the
court’s name, case number, and jurisdiction.
• Jurisdiction Statement: This section establishes the court’s jurisdiction to hear the
case, including geographical and subject-matter jurisdiction.
• Facts of the Case: The petitioner lays out the factual background of the dispute. This
part should be concise and written in chronological order, outlining key details and
events.
• Cause of Action: This is the specific legal reason for filing the case, showing how the
petitioner’s rights were infringed upon by the respondent.
• Reliefs Sought: The petitioner states the specific remedies they are seeking from the
court. This may include monetary compensation, injunctions, specific performance,
etc.
• Verification: This is a formal statement, sworn by the petitioner, verifying the
accuracy and truth of the information provided.

2. Legal Basis and Grounds

• The petition should refer to the laws, regulations, or precedents on which the
petitioner is relying. The relevant legal grounds are listed to show the basis for the
claim (e.g., contract law, property law, tort law).
• Under CPC, different provisions may apply depending on the type of petition (e.g.,
recovery of debt, breach of contract, or property dispute).

3. Supporting Affidavit and Evidence

• An affidavit is often attached, affirming the truth of the petition’s contents.

• Additional documents or evidence supporting the petition may be attached to
substantiate the claims.

4. Types of Original Petitions

• Civil Suit: This petition initiates a civil case, generally seeking redress for damages,
recovery of money, breach of contract, etc.
• Writ Petition: In High Courts or the Supreme Court, citizens may file petitions
directly for the enforcement of fundamental rights or to challenge the legality of
governmental actions.
• Special Leave Petition (SLP): This is a specific type of petition filed before the
Supreme Court of India, allowing for appeals against judgments from lower courts.
5. Procedural Aspects

• Presentation and Filing: The petitioner or their advocate files the original petition in
the court’s registry.
• Service of Summons: After acceptance, the court issues a summons to the respondent,
providing them an opportunity to respond.
• Respondent’s Reply: The respondent files a written statement or reply, responding to
each of the petition’s allegations.
• Preliminary Hearing and Issues Framing: The court holds an initial hearing and
frames the “issues” or questions to be decided.

6. Relevant Sections of CPC

• Order VI: This order in the CPC specifies the rules for pleadings, including the
structure and presentation of facts.
• Order VII: It provides guidelines for the content and requirements of a “plaint”
(another term for the original petition in certain civil suits).
• Section 9: Discusses the jurisdiction of civil courts over suits of a civil nature.
• Order IV, Rule 1: Pertains to the institution of a suit, stating that a suit is initiated
upon the presentation of a plaint.

7. Amendments to the Petition

• If required, the petitioner can amend the petition under Order VI, Rule 17, but they
must obtain the court’s permission, especially if the amendment is sought after the
commencement of the trial.

Example Format of an Original Petition

1. Title of the Case:

In the Court of [Judge/Court’s Name]

Civil Original Petition No. [Case Number]/[Year]

2. Facts of the Case:

1. The petitioner is a resident of [Address] and the respondent is [Respondent’s details].

2. The petitioner and respondent entered into a contract on [Date], etc.

3. Cause of Action:

The cause of action arose on [Date] when the respondent breached the agreement.

4. Prayer/Reliefs Sought:

The petitioner prays for:

a. A decree for damages of INR [Amount].
b. An injunction restraining the respondent from [Specific Act].
c. Such other relief as deemed fit.

5. Verification:

Verified on this day of [Date] at [Location].

Conclusion

The Original Petition sets the stage for all further proceedings, and it is essential for the petitioner to
be thorough in stating facts, grounds, and prayers for relief.

AFFIDAVIT ( உ"தி% சா(" , எ*+தி, ச+திய வா/0 1ல3 )

Affidavit means a sworn statement in writing made especially under oath or on affirmation before an
authorized officer or Magistrate. Though the expression affidavit has not been defined in the Civil
Procedure Code, 1908 (CPC).

§ It is considered as a declaration of facts, made in writing sworn before

person having authority to administer oath.
§ Every affidavit should be drawn up in the first person and should contain
only facts and not inferences.

Affidavits have to be written by the person giving the statement (called the
“deponent”) and should be in “first-person.” This means you write it as if you’re
speaking about yourself, using “I” (e.g., “I saw…,” “I know…”).

§ Order XIX of CPC deals with the provision relating to affidavits.

Essentials of Affidavit

§ The essential elements of an affidavit are:

o It must be a declaration made by a person. o It
must relate to facts. o It must be in writing.
o It must be in the first person. o Must be sworn or
affirmed before a Magistrate or any other authorized
officer.

Contents of Affidavit
the rules of Order XIX, Rule 3 of the Civil Procedure Code (CPC) outline how affidavits
(formal written statements sworn to be true) should be prepared and presented in court.
Here’s a breakdown of these rules:

Rule 3(1)

• Main Principle: The affidavit should include only facts that the person
signing it (called the deponent) actually knows from their own experience
or observation.

Rule 3(2)

• Unnecessary Content: Affidavits should avoid including:

• Hearsay (information the deponent only heard from someone else and
cannot confirm personally),
• Argumentative content (opinions or arguments about the case),
• Copies or extracts from other documents.

Verification of Affidavit

§ An affidavit should be verified.

§ The importance of verification is to test the genuineness and authenticity
of the of the averments and allegations made by the deponent.

Affidavit by State

An “Affidavit by State” is a formal statement or declaration made by a government

representative, typically in the form of a written document, under oath or
affirmation. It is used to provide evidence or confirm facts in legal proceedings,
similar to an affidavit from an individual, but in this case, the state (or government
agency) is the affiant.

Power to Prove by Affidavits

Rule 1 of Order XIX of the Civil Procedure Code (CPC) gives courts the power to
allow certain facts to be proven using affidavits, which are written statements made
under oath. This means that, in some cases, a court can let a person submit an
affidavit instead of appearing in person to give testimony.

However, if either side in the case genuinely wants to cross-examine the person
who made the affidavit, and that person can be brought to court, the court cannot
allow their evidence to be given only through an affidavit. In such cases, the
witness must appear in court for questioning.

Evidence on Affidavit:
A court can allow certain facts to be proven through affidavits (written statements
made under oath). But, if the affidavits are not properly done or do not follow the
rules, the court will reject them.

Rule 2 of Order XIX of CPC:

• The court can allow a person to give evidence through an affidavit.

• However, if either party wants, the court can order the person who made the
affidavit (the “deponent”) to come to court for cross-examination
(questioning by the other side).

• The person must come to court unless the court excuses them for some
reason.

False Affidavit:

• If someone swears to a false affidavit, it is a serious crime called “perjury.”

• This is punishable under the Indian Penal Code (IPC) because it is

considered a very serious offense. The court does not take this lightly and
will punish the person who makes a false affidavit.

( This affidavit is compulsory for every petition or for every case?

No, an affidavit is not compulsory for every petition or case. It depends on the
specific requirements of the case, the type of petition, and the rules of the
court or jurisdiction.

In some cases, particularly where factual matters are disputed or need to be

verified, an affidavit may be required to support statements or evidence
presented. For example:

• In certain civil cases, affidavits might be required to verify claims or

submissions.

• In applications for interim relief (like temporary injunctions), affidavits

are often necessary to establish urgency or harm.

• In some family law matters, affidavits may be required for things like
custody arrangements or support requests.)

Sample :
AFFIDAVIT

[Title of the Affidavit]

I, [Full Name], son/daughter of [Father’s Name], aged [Age], residing at

[Address], do hereby solemnly affirm and declare as under:

1. Introduction:

I am the deponent herein and I am fully competent to swear this affidavit. The
facts stated herein are true to the best of my knowledge, belief, and
information.

2. Statement of Facts:

(State the facts in numbered paragraphs. For example:)

2.1 I was born on [Date of Birth] at [Place of Birth].

2.2 I have been a resident of [City/Town] since [Date].

2.3 I am currently pursuing my studies at [College/University Name].

2.4 I have not been involved in any criminal activity or legal dispute, as per my
knowledge.

3. Affirmation/Statement:

(If the affidavit is being used for a specific purpose, state the purpose in this
section. For example, for a legal declaration, for confirming a statement, etc.)

3.1 I affirm that the information provided above is correct and true.

3.2 I further declare that I am submitting this affidavit to the [authority or

court name] in connection with [state the purpose].

4. Conclusion:

I make this affidavit to the best of my knowledge, and I am aware of the

consequences of providing false or misleading information under the law.
Verification:

I, [Your Name], the deponent, do hereby verify that the contents of this
affidavit are true and correct to the best of my knowledge and belief. I have
signed this affidavit on [Date] at [Place].

[Signature of Deponent]

[Name of Deponent]

[Address of Deponent]

Signature of Notary/Authorized Official

Name of Notary/Official

Date

Seal of Notary/Official

SUIT FOR PERMANENT INJUNCTION ( நிர$தர ைதட )

A suit for permanent injunction is a legal action filed under the Civil Procedure
Code (CPC) seeking a court order to prevent a party from continuing or engaging
in a particular activity or conduct. The plaintiff seeks an injunction that is
permanent in nature, meaning it is meant to last indefinitely unless the court
modifies or vacates the order.

How Can a Permanent Injunction Be Issued?

According to Sec-on 37(2) of Specific Relief Act, 1963, a permanent injunc-on can exclusively
be obtained through a decree issued during the trial proceedings and based on the merits of
the case.

When Can a Suit for Permanent Injunction Be Filed?

A suit for permanent injunction can be filed when an individual or entity seeks a
court order to prevent another party from engaging in certain actions or
behaviours on a long-term and lasting basis.
Such a suit for permanent injunction can be initiated when there is an actual or
imminent threat of irreparable harm or injury to the plaintiff’s legal rights and
when monetary compensation is deemed inadequate or insufficient to remedy
the situation.

When Can a Suit for Permanent Injunction be Allowed?

Section 38 of the Specific Relief Act, 1963 provides the situations where suit for
permanent injunction can be granted and states that:-
A suit for permanent injunc-on can be allowed in simple cases where someone is doing
something that goes against the rights or du-es of another person, and stopping that ac-on is
the only way to protect them. Here are the main situa-ons where this can happen:
1. Breach of Duty: If someone is breaking a promise or duty that affects the
person asking for the injunc-on, the court can stop them.
2. In Contracts: If the problem comes from a contract, the court will follow the
rules related to the specific contract.
3. Property Rights: If someone is hur-ng or threatening to hurt the plain-ff’s
rights to their property, the court can stop them, especially if:
• The defendant is in charge of the property for the plain-ff.
• It’s hard to calculate the damage.
• Money won’t be enough to fix the harm.
• The injunc-on helps avoid mul-ple court cases.

In short, a permanent injunc-on is given when stopping someone from doing something is
the only way to protect rights or prevent harm.

Illustrations to Explain Suit for Permanent Injunctions

• Ram is a tenant at Shyam’s flat. Shyam has specifically asked Ram to

not displace the prayer room, as it had a gold statue of a deity. Ram
wilfully disobeyed and tried to remove the statue. Here, the court
may allow a suit for permanent injunction, in order for Ram to fulfil
the request of Shyam.
 • Aryan is the co-founder of a company X. He breaches the clauses of
the company rules and therefore, creates a risk of potential damage
to the company’s reputation. Ayesha is the co-founder of company X
too. She may attain injunction to prevent Aryan from doing an act
that would eventually aid to the destruction the reputation of the
company.
• Seema owns a farmhouse in Dheradun. Emily is a trustee of the
property and engages in some illegal activities. Here, Seema may
seek an injunction to prevent further illegality.
• Ayush has a three year tenancy lease at Dev’s house. Upon the expiry
of such lease, Dev wanted to move back to his house. However,
Ayush refused to leave or pay rent. Dev may seek an injunction as
there may be a risk of him being homeless and suffering huge losses.
• Arjun, Karan’s school friend rents an office space from him, to set up
an office. Being his friend Karan agrees to the same. However, Arjun
refuses to pay rent and does not clear his dues. There is a lag of 8
months,
which leads to heavy losses for Karan. He is entitled to seek an
injunction in order to stop Arjun from using the office space.
• Arya has 7 tenants, out of which, 5 tenants have failed to pay the rent
for 5 months, consecutively. She files a suit against all of them, with
the same cause of action. The court may allow an injunction, in order
to prevent multiple proceedings, simultaneously.

Sample layout

IN THE COURT OF [Name of Court]

AT [Location]

Suit No. [number] of [year]

Plaintiff: [Name and address of Plaintiff]

Defendant: [Name and address of Defendant]

Suit for Permanent Injunction

The Plaintiff states as follows:

1. Parties Involved:
 • The Plaintiff, [name and details], is [relation to the case, e.g., the
owner of a certain property].
• The Defendant, [name and details], is [relation to the Plaintiff or
issue, e.g., a neighbor or a third party who is encroaching on the
Plaintiff’s property].
2. Cause of Action:
• Briefly state the facts leading to the dispute, such as how the
Defendant’s actions have affected the Plaintiff’s rights or property.
• Mention any contracts, obligations, or other relationships relevant
to the case.
3. Breach of Obligation or Right:
• Describe the Defendant’s actions that are causing harm or
infringing upon the Plaintiff’s rights. Clearly explain why these actions are
unlawful or inappropriate.
• State how these actions are affecting the Plaintiff and why they
cannot be addressed simply with compensation.
4. Legal Basis for Injunction:
• Cite the relevant provisions, such as Section 38 of the Specific
Relief Act, 1963, that entitle the Plaintiff to seek a permanent injunction.
• Briefly explain why a permanent injunction is necessary in this
case to prevent harm, secure the Plaintiff’s rights, or avoid multiple legal
proceedings.
5. Relief Sought:
• State that the Plaintiff seeks a decree for a permanent injunction
against the Defendant, restraining them from [describe the specific
action you want to prevent].
• Mention any additional relief or orders the Plaintiff requests (if
any).
6. Prayer Clause:
• The Plaintiff, therefore, prays that the court may be pleased to
grant the following reliefs:
• A permanent injunction against the Defendant restraining them
from [specific action].
• Any other relief that the court may deem just and proper in the
circumstances of the case.
7. Verification:
• The Plaintiff verifies that the facts stated above are true to the
best of their knowledge and belief.
Place:
Date:

Signature of Plaintiff
Name of Plaintiff’s Counsel

This layout provides a clear format for presenting the key points in a
permanent injunction case. Be sure to include all necessary details specific to
the case when filling it out.

SUIT FOR SPECIFIC PERFORMANCE

A suit for specific performance is a legal remedy in contract law where a party asks the court
to compel the other party to fulfill their obligations under a contract, rather than simply
seeking monetary damages. This remedy is most commonly used when the subject matter of
the contract is unique, making monetary compensation inadequate. For example, specific
performance is often sought in real estate transactions because each piece of property is
unique, and monetary damages may not fully compensate the buyer.

Example :-
Imagine you have a contract to buy a rare, vintage car from a collector. You paid a deposit,
and both parties agreed on the price. But when it’s time to complete the sale, the seller
decides not to sell the car and wants to keep it. This specific car might be hard to find
elsewhere because it’s rare. Simply getting your money back won’t help if you’re looking for
that exact car.

In this situation, you could file a suit for specific performance, asking the court to require the
seller to go through with the sale. Since the car is unique, the court may order the seller to
transfer ownership of that specific car to you, as per the contract.

Contract that are specifically enforced

i. Case of any contract at that discretion of the court

ii. Contract connected with trust

Key Aspects of a Suit for Specific Performance

1. Requirements: To succeed in a suit for specific performance, the plain-ff must

demonstrate:
• Existence of a valid contract, with clear terms and mutual obliga-ons.
• Readiness and willingness to perform their part of the contract.
• Inadequacy of monetary damages as a remedy.
• No unfairness or undue hardship imposed on the defendant.
2. Court Discre>on: Courts have the discre-on to grant or deny specific performance
based on the circumstances. They typically grant specific performance if monetary
damages are inadequate, but they may refuse it if enforcement would be imprac-cal,
unjust, or overly burdensome.
3. Excep>ons: Some contracts are not eligible for specific performance, such as
personal service contracts (e.g., employment) or contracts requiring ongoing
supervision by the court.
4. Examples:
• Real Estate: A buyer may seek specific performance if a seller refuses to transfer
property aVer agreeing to sell.
• Unique Goods: If the contract involves unique goods (like rare artwork or collec-bles),
specific performance might be requested since replacements are not available.

Process
The plain-ff files the suit in civil court, providing evidence of the contract’s terms, their
readiness to perform, and the uniqueness of the contract’s subject. The court then evaluates
the situa-on and decides if specific performance is jus-fied.

Contract not specifically enforceable

1. Personal Services: Courts won’t force someone to work against their will.
2. Unclear Terms: Vague contracts can’t be enforced.
3. Constant Supervision: Contracts needing ongoing court oversight aren’t feasible.
4. Personal Relationships: Courts avoid enforcing personal relationship agreements.
5. Adequate Money Damages: If money can fix the issue, specific performance isn’t
necessary.
6. Unfair Hardship: If enforcing the contract would cause hardship, courts may refuse.

Specific performance is mostly for unique items, like real estate or rare goods, not general
items or personal services.

essential of specific performance

For a court to grant specific performance, certain essential requirements must be

met:

1. Valid Contract: There must be a legally valid contract with clear, definite
terms agreed upon by both parties.

2. Readiness and Willingness to Perform: The party seeking specific

performance must show they are ready and willing to fulfill their part of the
contract.

3. Inadequate Remedy by Damages: Monetary compensation must be

inadequate. This typically applies when the subject of the contract is unique, such
as real estate or rare items.

4. No Unfairness or Hardship: The contract must not impose unfair hardship or

be unconscionable (excessively one-sided or oppressive) on either party.

5. Mutual Obligation: Both parties must have mutual, enforceable obligations

under the contract.

These factors help ensure that specific performance is fair, justified, and feasible
for both parties.

Sample format

IN THE COURT OF [Name of the Court]

Civil Suit No: [Case Number]

[Your Full Name], Plaintiff

vs.

[Defendant’s Full Name], Defendant

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

1. Introduction

The Plaintiff respectfully submits the following suit for specific performance
of a contract:

2. Parties

• Plaintiff: [Full name, age, address, and occupation of the

plaintiff]
 • Defendant: [Full name, age, address, and occupation of the
defendant]

3. Facts of the Case

• On [Date], the Plaintiff and Defendant entered into a legally

binding contract for [Brief Description of the Contract, e.g., sale
of property located at…].

• The contract terms included [Key terms such as price, property

description, etc.].

• The Plaintiff has been ready and willing to fulfill all obligations
under the contract.

4. Breach of Contract by Defendant

• Despite repeated requests, the Defendant has failed to perform

their contractual obligations, specifically [Details of what the
Defendant has failed to do, e.g., refusal to transfer property
ownership].

5. Grounds for Specific Performance

• The Plaintiff contends that monetary damages are inadequate

because [Reason, e.g., uniqueness of the property].

• The Plaintiff has been ready and willing to fulfill their obligations
under the contract at all times.

6. Legal Basis

• The Plaintiff relies on Section [Relevant Section Number] of the

[Relevant Act/Law, e.g., Specific Relief Act] to seek specific
performance of the contract.
7. Prayer for Relief

The Plaintiff respectfully requests that the Court:

• Order the Defendant to perform their obligations under the

contract dated [Date].

• Award costs of the suit to the Plaintiff.

• Grant any other relief the Court deems appropriate.

8. Verification

I, [Plaintiff’s Full Name], verify that the statements made above are true and
correct to the best of my knowledge.

Place: [City]

Date: [Date]

Signature of Plaintiff or Attorney

[Plaintiff’s Name]

[Plaintiff’s Address]

[Plaintiff’s Contact Information]

PETITION FOR DISSOLUTION OF MARRIAGE

Essential ingredient of the petition

1. Marriage Has Taken Place: The couple must have legally been
married.
2. One-Year Waiting Period: At least one year should have passed since
the marriage date. If a spouse faces extreme hardship or if the other
spouse has behaved in a particularly harmful or immoral way, a request
can be made for an exception to file before a year is up.
 3. Both Parties Are Hindu: Since the divorce petition is based on Hindu
law, both spouses should follow Hinduism.
4. No Collusion: Collusion means that both spouses are not secretly
agreeing to pretend to have grounds for divorce just to get it approved
by the court.
5. No Other Divorce Petition: There should be no other active divorce
petition about this marriage in any other court in India. If there is,
details about it should be provided.

IN THE FAMILY COURT AT [CITY NAME]

H.M.O.P. No. [Filing No.] of [Year]

[Name of the Petitioner]

Wife/Husband of [Spouse’s Name]

Address: [Full Address]

Versus

[Name of the Respondent]

Wife/Husband of [Petitioner’s Name]

Address: [Full Address]

Petition for Dissolution of Marriage Under Section 13 of the Hindu Marriage

Act, 1955

1. Details of the Marriage

• Date of Marriage: [Date]

• Place of Marriage: [Place]

 • Religion of Parties: Hindu

• Marriage Registration Number (if any): [Number]

2. Jurisdiction

This Honorable Court has jurisdiction as the marriage was solemnized within
the jurisdiction of this court / both parties reside within the jurisdiction of this
court.

3. Grounds for Divorce

The petitioner respectfully submits that the respondent has committed the
following acts, which entitle the petitioner to seek dissolution of marriage under
Section 13 of the Hindu Marriage Act:

• Cruelty: [Detail specific acts of cruelty and provide examples and

dates, if possible.]

• Desertion: The respondent has deserted the petitioner without

any reasonable cause for a continuous period of [Number] years
immediately preceding the filing of this petition.

• Adultery: [If applicable, provide relevant details

and
circumstances related to adultery.]

• Mental Disorder: [If applicable, describe any proven mental

illness that affects cohabitation.]

(Include specific details according to the grounds applicable in your case.

Grounds for divorce include cruelty, desertion, adultery, mental disorder,
communicable disease, and others as per the Act.)

4. Attempts at Reconciliation
The petitioner has attempted to reconcile with the respondent on [dates and
instances of reconciliation attempts], but these efforts have failed due to the
respondent’s conduct and unwillingness to resume marital relations.

5. No Collusion

The petitioner declares that there is no collusion between the petitioner and
the respondent in filing this petition.

6. Relief Sought

The petitioner humbly prays that this Honorable Court be pleased to:

• Grant a decree of divorce dissolving the marriage between the

petitioner and the respondent.

• Grant such other reliefs as this Honorable Court may deem fit
and proper in the interests of justice.

7. Verification

I, [Petitioner’s Name], do hereby verify that the contents of paragraphs [1-6]

are true and correct to the best of my knowledge and belief.

Date: [Date of Filing]

Place: [Place]

[Petitioner’s Signature]
[Petitioner’s Advocate’s Signature]

PETITION FOR EVICTION UNDER THE RENT CONTROL ACT

Eviction under the Rent Control Act is the legal process where a landlord can remove a tenant based
on specific grounds. Common grounds include:

1. Non-payment of rent – Tenant defaults on rent for a specified period.

2. Unauthorized subletting – Tenant sublets without the landlord’s consent.

3. Lease violation – Tenant breaches terms of the rental agreement.

4. Personal use – Landlord or family needs the property.

5. Repairs – Major repairs require tenant’s removal.

6. Property damage – Tenant causes significant damage.

7. Nuisance or illegal activity – Tenant disturbs peace or breaks the law.

8. Lease expiration – Tenant refuses to vacate after lease ends.

Procedure: Landlords must serve notice, file a legal petition, and go through a court hearing. The Rent
Control Act protects tenants from arbitrary evictions, requiring landlords to prove a valid reason for
eviction.

IN THE COURT OF [Court Name]

AT [Location]

Petition No.: [Petition Number]/[Year]

Between

[Petitioner’s Full Name]

S/o / D/o [Parent’s Name]

Address: [Petitioner’s Complete Address]

… Petitioner / Landlord
And

[Respondent’s Full Name]

S/o / D/o [Parent’s Name]

Address: [Respondent’s Complete Address]

… Respondent / Tenant

PETITION FOR EVICTION UNDER THE RENT CONTROL ACT

Respectfully Showeth:

1. That the Petitioner is the owner/landlord of the premises located at [Full Address of the
Property].

2. That the Respondent is a tenant in the said premises on a monthly rent of [Amount of
Rent], payable on the [Payment Due Date, e.g., 5th of every month] as per the rental agreement.

3. That the Respondent has been irregular in paying the rent for the premises and has
failed to pay rent for the period from [Start Date] to [End Date], despite repeated requests and
reminders by the Petitioner.

4. That the Petitioner requires the premises for [self-occupation, renovation, or other
reasons as per applicable Rent Control Act grounds].

5. That the Respondent has caused damage to the premises, making it unsafe/unfit for
occupation and requiring urgent repairs.
6. That the Petitioner served a notice of eviction dated [Notice Date], requiring the
Respondent to vacate the premises on or before [Notice Expiry Date], but the Respondent has
failed to vacate the premises till date.

7. That the Petitioner has no other suitable accommodation and, hence, bona fide requires
the premises for [specific purpose as per law].

PRAYER

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

1. Order the Respondent to vacate the premises situated at [Property Address].

2. Direct the Respondent to pay the outstanding rent from [Period of Arrears].

3. Grant any other relief deemed fit by this Hon’ble Court.

[Petitioner’s Name]

Place:

Date:

Verification

I, [Petitioner’s Full Name], hereby verify that the contents of paragraphs 1 to 7 above are true to
my knowledge and belief.

Date:

Place:

[Petitioner’s Signature]
 PETITION FOR GRANT OF PROBATE / LETTER OF
ADMINISTRATION Meaning of probate
• Probate is the legal process of validating a deceased person’s will and giving the executor the
authority to manage and distribute the estate.
• An executor is a person appointed in a will to manage and distribute the deceased’s estate.

Meaning of letter of administration

• A Letter of Administration is a legal document issued by a court that grants authority to a

person (usually a close relative) to manage and distribute the estate of a deceased person who
did not leave a will.
• The person who will administer the estate, if no will is present, is typically a close relative of
the deceased, such as a spouse, child, or sibling. The court grants them the Letter of
Administration to legally manage and distribute the estate according to inheritance laws.

A Petition for Grant of Probate or Letter of Administration is a legal process initiated in court to
authorize an individual to manage and distribute the assets of a deceased person. Here’s a brief on
each:

1. Petition for Grant of Probate: This is filed when the deceased left a will. The executor
(person named in the will to manage the estate) submits this petition to the court to prove the validity
of the will. Once granted, probate gives the executor the legal authority to distribute the assets
according to the terms of the will.

2. Petition for Letter of Administration: This is filed when the deceased did not leave a will
(known as dying intestate). An eligible family member or close relative petitions the court for the
right to administer the estate. The court will then issue a Letter of Administration, giving that person
the authority to distribute the deceased’s assets in accordance with inheritance laws.

In both cases, the petition helps ensure that the deceased’s assets are distributed legally and according
to their wishes (if a will is present) or legal succession rules (if no will is present).

Difference between both

• If there was a Will – apply for Grant of Probate

• If there was no Will – apply for Letters of Administration

Sample format

Title of the Court

• In the matter of the Estate of [Deceased’s Full Name], Deceased.

• In the Court of [Court Name], [City, State].

Case Number

• (If applicable)

Petition for Grant of Probate / Letter of Administration

1. The Petitioner

• Name, address, and occupation of the petitioner.

• Relationship to the deceased.

2. The Deceased

• Full name of the deceased.

• Date and place of death.

• Date of the deceased’s will (if applicable) and its registration

details.

• Brief details about the deceased (including any assets or estate

details, if relevant).

3. Details of the Will (if applicable)

• State if there is a valid will.

• Name the executor(s) named in the will.

• Details of the probate, including the date of the will and its
execution.
4. If there is no Will (for Letter of Administration)

• State that the deceased died intestate (without a will).

• Identify the next of kin and the petitioner’s relationship to the

deceased.

5. Assets of the Estate

• A brief description of the assets of the deceased, including real

estate, bank accounts, investments, or personal property.

6. Jurisdiction

• State that the court has jurisdiction over the estate because of the
location of the deceased’s assets or place of death.

7. Request

• A formal request to the court to grant probate (if there is a will)

or grant a letter of administration (if intestate).

8. Affidavit in Support (optional)

• Attach an affidavit detailing the petitioner’s relationship to the

deceased, the state of the will (if applicable), and a list of assets.

• Mention that the will (if any) is the last will and testament of the
deceased.

9. Prayer

• A formal request for the court to issue the grant of probate or

letter of administration.
10. Signature

• Signature of the petitioner or their advocate.

Verification

• A statement of truth from the petitioner verifying the details in

the petition.

• Date and place of signing.

Annexures

• Attach supporting documents such as:

• The original will (if applicable).

• Death certificate of the deceased.

• Proof of relationship of the petitioner to the deceased (if

applicable).

• Any other documents required by the jurisdiction.

APPLICATION FOR GRANT OF SUCCESSION CERTIFICATE

A succession certificate is a legal document issued by a civil court to the legal heirs of a deceased
person who has died intestate (without leaving a will). This certificate grants the holder authority to
collect the debts and securities of the deceased and handle any movable assets, such as bank accounts,
shares, bonds, or other investments.

Eligibility for Succession Certificate •

The legal heirs of the deceased

person.

• A person who has been appointed as the executor of the deceased person's
will.
• A person who has been granted letters of administration by the court.
Documents Required for Succession Certificate

• Death certificate of the deceased person.

• Proof of relationship with the deceased person (such as birth certificate, marriage
certificate, etc.).
• Proof of identity and address of the applicant (such as voter ID card, Aadhaar card,
driving license, etc.).
• Affidavit stating that the applicant is the legal heir of the deceased person.
• In case of a will, a copy of the will is duly probated by the court.
• In case of letters of administration, a copy of the letters of administration issued by
the court.
• Any other document that may be relevant to the case.

Application for Grant of Succession Certificate :-

In the Court of [Name of Court and Jurisdiction]

Applicant:
Name: [Applicant’s Full Name]
Address: [Applicant’s Address]
Relationship with Deceased: [Relationship, e.g., son/daughter/wife/husband]

Deceased:
Name: [Deceased’s Full Name]
Date of Death: [Date of Death]
Last Address: [Deceased’s Last Address]

Respectfully Showeth:
1. The Deceased’s Details: That the deceased, [Deceased’s Full Name], passed away
on [Date of Death] at [Place of Death]. The deceased was a resident of [Deceased’s Last
Address].
2. Details of Legal Heirs: That the deceased left behind the following legal heirs:
• [List of heirs with names, ages, relationship to the deceased, and
addresses]
3. Details of Property and Assets: That the deceased owned the following
assets requiring a succession certificate for legal claim:
• [List of assets, such as bank accounts, bonds, insurance policies, etc.]
4. Absence of Wills or Legal Document of Inheritance: That the deceased did
not leave behind any will, and no other legal document has been created to distribute
the assets.
5. Purpose of the Succession Certificate: The applicant requires the succession
certificate to collect debts and securities left by the deceased and to transfer ownership
to the rightful heirs.
6. No Objections from Heirs: That there are no objections from other legal heirs (if
applicable, attach their no-objection certificates).

Prayer:
In view of the above, the applicant respectfully prays that the Hon’ble Court be pleased
to:
• Grant the succession certificate in favor of the applicant for the assets described
herein.
• Grant any further relief that this Hon’ble Court may deem fit in the interest of
justice.

Place: [City/Location]
Date: [Date of Application]
Signature of Applicant
[Applicant’s Full Name]
[Contact Information]

Attachments (to be submitted with the application):

1. Death certificate of the deceased.
2. Identity proof of the applicant.
3. List of heirs with proof of relationships (if needed).
4. List of assets for which the certificate is required.
5. Affidavit verifying the application’s contents.
6. No-objection certificates from other heirs, if applicable.

APPLICATION FOR GRANT OF COMPENSATION UNDER SECTION

166 OF THE MOTOR VEHICLES ACT 1988

The Motor Vehicles Act, 1988 (MV Act 1988) is a primary Indian law regulating
road transport, penalties, accidents, and remedies.

o It includes: o 2 schedules o 14 chapters o 216 sections

o Over time, changes to the Act have added new sections and increased
penalties.
o Increase in road accidents in India is due to:
o More vehicles on roads o Heavy traffic o Poor road conditions o
Aggressive driving
 o Road accidents can result in serious injuries, property damage, and
even death.
o The Act, especially Section 166, provides a legal foundation for: o
Offering remedies in accident cases o Ensuring protection and
compensation for innocent victims.

Section 166 of the Motor Vehicle Act, 1988, defines who can file a claim with the
Motor Accidents Claim Tribunal (MACT) after a traffic accident. Under this
section, the following individuals are considered rightful claimants and can seek
compensation:

o Injured individuals or their authorized representatives.

o Owners of property damaged in the accident.
o Legal heirs or representatives of someone who died due to the
accident.

Format:-

Before the Hon’ble Motor Accident Claims Tribunal

[Name of the Tribunal],

[Address of the Tribunal]

In the matter of:

Application for Grant of Compensation under Section 166 of the Motor

Vehicles Act, 1988

[Your Name], Applicant/Claimant

Vs.

[Name of Opposite Party],

Respondent

Application for Compensation under Section 166 of the Motor Vehicles Act,
1988
Respectfully Showeth:

1. Details of the Applicant:

• Name: [Your Full Name]

• Age: [Your Age]

• Occupation: [Your Occupation]

• Address: [Your Full Address]

• Contact Number: [Your Contact Number]

• Email (if any): [Your Email Address]

2. Details of the Respondent:

• Name: [Respondent’s Full Name]

• Age: [Respondent’s Age]

• Occupation: [Respondent’s Occupation]

• Address: [Respondent’s Full Address] • Contact Number:

[Respondent’s Contact Number]

3. Details of the Accident:

• Date and Time of Accident: [Date and Time of the Accident]

• Place of Accident: [Location of the Accident]

• Description of the Accident: [Brief Description of how the accident

occurred, type of vehicle, etc.]

• Registration Number of the Vehicle Involved: [Vehicle Registration

Number]

• Name of the Driver of the Vehicle: [Driver’s Name]

• Details of Insurance: [Insurance Company, Policy Number, and

Coverage Details]
 4. Injuries/Damages Sustained:

• Nature of Injuries: [Describe injuries sustained]

• Medical Treatment: [Details of medical treatment received, hospitals

visited, doctors consulted]

• Duration of Treatment: [Duration of hospital stay and ongoing

treatment if applicable]

• Any Permanent Disability: [Details if applicable]

5. Losses Incurred:

• Loss of Income: [If applicable, state the loss of income due to inability to
work]

• Expenses Incurred: [Details of expenses incurred for medical treatment,

transportation, etc.]

• Any Other Loss: [Any other losses related to the accident, such as
property damage]

6. Legal Basis for the Claim:

• The Applicant is entitled to claim compensation under Section 166 of

the Motor Vehicles Act, 1988, as the accident occurred due to the negligence of
the respondent/vehicle driver.

• The applicant seeks compensation for [medical expenses, loss of income,

pain and suffering, etc.], in accordance with the provisions of the Motor
Vehicles Act.

7. Claim for Compensation:

• Medical Expenses: [Amount]

• Loss of Income: [Amount]

• Pain and Suffering: [Amount]

• Property Damage: [Amount] • Any Other Losses: [Amount]

8. Prayer:

• The Applicant prays that the Hon’ble Tribunal may kindly:

1. Pass an award of compensation in favor of the applicant for the losses
suffered due to the accident.

2. Direct the Respondent to pay the amount of compensation as

determined by the Tribunal.

3. Award interest on the amount of compensation from the date of the

accident until the date of payment.

4. Pass any other orders as the Tribunal deems fit and proper in the
interest of justice.

Verification:

I, [Your Name], the applicant in this case, do hereby declare that the contents
of the above application are true to the best of my knowledge and belief, and
nothing material has been concealed.

Date: [Date]

Place: [Place]

Signature of the Applicant:

[Your Name]

Annexures:

1. Copy of FIR/Police Report

2. Medical Reports and Bills

3. Copy of Driver’s License

4. Insurance Policy Documents

5. Any other relevant documents (e.g., photographs of injuries, vehicle

damage, etc.)
This draft layout can be adjusted based on your specific circumstances and
details. Be sure to consult with a legal expert or lawyer to ensure that all
necessary documents are included and that the application is correctly drafted
for your case.

APPLICATION UNDER ORDER 39 RULE 1 AND RULE 2 OF THE CODE

OF CIVIL PROCEDURE,1908

ORDER 39 RULE 1 of the CPC empowers courts to grant temporary injunctions

in the following circumstances:

1. Property at Risk : Where 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.

2. Damage to Property: If the defendant plans to sell or remove property to

cheat creditors.

3. Breach of Contract: If the defendant threatens to take away the plaintiff’s

property or cause harm related to the property in the suit.

ORDER 39 RULE 2 CPC allows the plaintiff to ask the court for a temporary
injunction to prevent the defendant from continuing a breach of contract or causing
harm. This can be done even if no compensation is claimed, and the injunction can
stop similar future actions or injuries related to the same contract or property.

( In short, Rule 1 is for stopping immediate harm, while Rule 2 is for stopping
repeated or ongoing harm. )

Order 39 Rule 2A of the CPC empowers the courts to deal with cases of willful
disobedience of court orders.

CAVEAT UNDER SECTION 148 OF THE CODE OF CIVIL

PROCEDURE,1908

What is Caveat

• A caveat is a notice filed by a person to inform the court that they want to be
heard before any order (like injuction) is passed in a case.
• A Caveat is like a “warning” or “alert” to the court.
 • It’s a notice you file in court to let the court know, “Hey, I want to be
informed before you make any decision that could affect me.”
• Caveat petition is filed under section 148 of the civil procedure code

Section 148A of the Civil Procedure Code mentions

Section 148 A . right to lodge a caveat

(1) right to file a caveat :Any person who has the right to appear in court
can file a caveat if they believe an application is going to be made in a case.

(2)Notice to the Person Filing Application: The person who files the
caveat (caveator) must send a notice to the person making the application, through
registered post with acknowledgement due.

(3)Court’s Duty to Serve Notice: If a caveat is lodged, the court must send
a notice to the caveator when any application is filed in the case.

(4)Applicant’s Duty to Provide Copies: If a caveat has been served to the

applicant, the applicant must provide a copy of their application and supporting
documents to the caveator, at the applicant’s expense.

(5)Validity of Caveat: A caveat is valid for 90 days from the date it is filed,
unless the application is made before this period ends. the procedure for filing a
Caveat and the required documents:

1. Caveat Petition Signing: The person filing the caveat (Caveator) must sign
the petition. If an advocate is representing the Caveator, the advocate can
sign it instead, but a Vakalatnama (authorization for the advocate) must be
included.

2. Caveat Register: Once the caveat is filed, it is entered in the Caveat

register, which is maintained by the court. This register records details like
the case number and date.

3. Documents to Submit: When filing the caveat, you must provide:

• A copy of the caveat petition.

• Proof of sending the petition to the other parties involved.

• An explanation stating that a duplicate copy of the caveat has already been
sent to the other parties in the case.

4. Court Fee: Typically, a fee of Rs 100 is required to file a caveat. This

amount can vary depending on the court, but the overall process and formats
remain the same across courts.

= State” is a formal statement or declaration made by a

government representative, typically in the form of a written
document, under oath or affirmation. It is used to provide
evidence or confirm facts in legal proceedings, similar to an
affidavit from an individual, but in this case, the state (or
government agency) is the affiant.