Long Questions:

Que8 - Draft a Suit for Damages for Malicious Prosecution

Ans:- Malicious prosecution comes under the head of Tresspass to reputation,

trespass means unlawful/unreasonable interference and simply means

unlawful attack on the reputation of any person(status of person in the

society) Trespassing the reputation can be done by 2 ways . They are

Malicious prosecution & Defamation.

Suit for damages for M.P means , when someone(A) unlawfully sues another

person (B) in malicious presecution and he(B) was aquitted in same case then

that person can file suit against that person by whom his reputation get

damaged by that earlier suit , then he file the suit for damages for MP

Meaning of Malicious prosecution:- Malicious prosecution is the malicious

institution of unsuccessful criminal proceedings against another without

reasonable or probable cause. Malicious prosecution is an abuse of the process

of the court by wrongfully setting the law in motion on a criminal charge.

In an action of malicious prosecution the plaintiff must prove:

1) That he(B) was prosecuted by the defendant(A) .

2) That the proceeding complained was terminated in favour of the present

Plaintiff(B)
3) That the prosecution was instituted against (bina kaaran ke fasana)without

any just or reasonable cause.

4) That the prosecution was instituted with a malicious intention,(so to

damages the reputation of person B) that is, not with the mere intention of

getting the law into effect, but with an intention, which was wrongful in fact.

5) That he suffered , damage to his reputation or to the safety of person,

or to security of his property.

Plaint
IN THE COURT OF…...........ABC(JudgeName)......Civil Judge (Junior devision),
Patiala

P son of Q, aged about……… years, Resident of........ occupation………Plaintiff

vs
D son of E, aged about……… years, Resident of …... occupation…....Defendant

Subject: Suit for Damages for Malicious Prosecution

The above named plaintiff submits as under:

1. That the plaintiff(B) knows the defendant(A) for the last about 7 years as his

neighbour. The plaintiff is a rice miller and the defendant is a clerk in the Public

Works Department of the State Government.

2. That on the 5th August 2023, the defendant filed a false and frivolous

complaint in the Court of Judicial Magistrate, 1st Class, Patiala and alleged that

the plaintiff had committed theft of Rs. 10,000.

3. That on account of the defendant’s complaint, a warrant of arrest was

issued against the plaintiff who was arrested by the Police on 6th August, 2023.

The plaintiff was released on bail on the 7th August, 2023.

4. That after the trial of this case, the Magistrate acquitted the plaintiff on the

ground that no prima facie case was made out against the plaintiff on January

15, 2024.

5. That the defendant’s above complaint was made with malafide intention.

6. That on account of the defendant’s aforesaid complaint the plaintiff suffered

mental and physical pain and loss of his reputation, and it caused a great set

back and loss to the plaintiff’s business.

7. That the plaintiff assesses his damages at Rs. 30,000 (Rs. 18,000 for the loss

of reputation, Rs. 10,000 loss in business, Rs. 1500 fees of the advocate and Rs.

500 for production of defence witnesses).

8. That the cause of action arose on the January 15, 2024 on which date the

Magistrate acquitted the plaintiff on the charge of theft with a finding that the

complaint against the plaintiff was false and frivolous.

9. That the defendant resides and works for gain at……….. And which is within

the local limits of this Court, therefore, this Court has got jurisdiction to try and

entertain this suit.

10. That the plaintiff values the suit for Rs. 30,000 for the purpose of

jurisdiction and Court-fees.

11. The plaintiff, therefore, prays :

(i) That the Hon’ble Court be pleased to order the defendant to pay

Rs. 30,000 (Rs. 18,000 for loss of reputation, Rs. 10,000 for loss of business,

Rs. 1500 for advocate’s fees, Rs. 500 for producing witnesses) as damages to

the plaintiff ;

(ii) That the Hon’ble Court also be pleased to order the defendant to pay

the costs of the suit.

Sd/-
Plaintiff
Sd/-

Through Counsel

Verification:-
I, P son of Q, the plaintiff, above named, residing as above, do hereby
solemnly declare and state the contents of para no. 1 to 7 are true to my own
knowledge and the para no. 8 to 11 are based on the information received by
me and I believe the same to be true.

Sd/-
Plaintiff
Affidavit attached with it(signed as deponent)
Talbana form , Farihsat Dastavej form, Vakaltnama
List of documents attached with it (Annexures if any)
Copy of Plaint for Opposition Counsel

Que9. Draft a Suit for Ejectment of Tenants/ Eviction of tenant

Ans:- Ejectment means dispossession by form of Law. This is the way to evict

tenant from the premises on the basis of any of grounds which are mentioned

under Section 13 of The East Punjab Rent Restriction Act, 1949.

Plaint

IN THE COURT OF …..........X (Name of Court).......…..Rent Controller, Patiala

Ejectment Suit No………. of 2024.

P (landlord )son of Q, aged about………….years, Residing at…………….,

occupation……….

….….Plaintiff

Vs

D(Tenant) son of E, aged about……… years,Residing at…………..,

occupation…………

..........Defendan

Subject: Suit for eviction of tenant on the ground of arrear of rent

The above named plaintiff submits as follow:

1. That the plaintiff is the landlord and owner of the house “Kamal Kunj”

situated at…………., and the plaintiff knows the defendant for the last about

two years as his tenant.

2. That on or about the 30th December, 2021, the defendant approached and

requested the plaintiff to let out his “Kamal Kunj” house situates at………… to

the defendant on monthly rent. Since the said house has fallen vacant a few

days before the defendant’s request and so the plaintiff readily agreed with

the defendant and let out his said house to the defendant on monthly rent of

Rs. 5000 (Five Thousand) commencing with effect from the 1st January, 2022

under an agreement dated 30-12-2021. A copy of the said agreement is

annexed as Annexure P1.

3. That the plaintiff received the rent from the defendant regularly for the year

2022. But the defendant failed to pay the rent of the said house for 12

consecutive months of 2023. Thus, the defendant is in arrears of rent

amounting to Rs. 60000 (Sixty thousand) for twelve consecutive months at the

rate of Rs. 5000 (Five Thousand) per month.

4. That the plaintiff repeatedly requested the defendant to pay the said arrear

of rent, but the defendant failed to pay the said arrears of rent to the plaintiff

on one pretext or the other.

5. That the plaintiff finally called upon the defendant through his Advocate’s

legal notice letter dated 7-1-2024 to pay the said arrears of Rs. 60000 (Sixty

thousand) to the plaintiff. But the defendant failed and neglected to do so; and

even the defendant did not care to reply the plaintiff’s advocate’s said letter. A

copy of the said letter is annexed as Annexure P2.

6. That the plaintiff’s said house is situated at Patiala ,which is within the

ordinary local limits of the Hon’ble Court. Therefore, the Court has got

jurisdiction to try and entertain the suit.

7. That the plaintiff values the suit at Rs. 60,000 (Sixty thousand) for the

purpose of jurisdiction and Court fees and the requisite Court fees stamps have

been affixed hereon.

8. The plaintiff, therefore, prays:

(i) That the Hon’ble Court may be pleased to order the defendant to deposit

the said arrears of rent, i.e., Rs. 60,000 (from January, 2023 to December, 2023

at the rate of Rs. 5000 per month) in the Hon’ble Court within a period of two

weeks from the date of the order;

(ii) That the Hon’ble Court may further be pleased to order the defendant to

quit, vacate and hand over the vacant possession of the said house situated at

Patiala to the plaintiff;

(iii) That the Hon’ble Court be pleased to order the defendant to pay the costs

of the suit to the plaintiff.

Sd/-

Place: Plaintiff

Date:

Sd/-

Through Counsel

Verification:
I, P son of Q, the above named plaintiff, residing as above, do hereby, solemnly
state and declare that the content of paras 1to 6 are true to my own
knowledge
and the contents of the remaining paras are based on the information received
and I believe the same to be true.
Sd/-

Plaintiff

Affidavit attached with it(signed as deponent)

Talbana form , Farihsat Dastavej form, Vakaltnama
List of documents attached with it (Annexures if any)
Copy of Plaint for Opposition Counsel
Que10. DRAFTING OF WRITTEN STATEMENT REGARDING THE TENANCY SUITS

IN THE COURT OF …..........X (Name of Court).......…..Rent Controller, Patiala

P (landlord) Rafiq son of Q …………Plaintiff

 vs

D (Tenant) Sen son of E ………..Defendant

In the matter of : Eviction of Tenant

Written Statement on behalf of Defendant
no.1
Respectfully Showeth:-

Preliminary Objections : If any

On merits :-

1. That the contents of paragraphs No. 1,2 and 3 of the plaint are admitted.

2. That the contents of Paragraph No. 4 of the plaint are incorrect, wrong and

denied. The defendant never threatened the plaintiff to evict him forcibly from

the premises in question. He also never harassed the plaintiff to enhance the

rent as alleged by the plaintiff in para under reply.

3. That the contents of paragraphs No.5 and 6 of the plaint are incorrect,

wrong and denied. No such incident took place on 15.4.03, as alleged by the

plaintiff in para under reply.

4. That the contents of paragraph No.7 of the plaint are incorrect, wrong and

denied. No cause of action ever accrued to the plaintiff against the defendant

filing the above suit.

5. That the contents of paragraph No.8 of the plaint as stated are denied.

6. That the contents of paragraph No.9 of the plaint are denied. The plaintiff is

not entitled for the relief claimed by him.

ADDITIONAL PLEAS:

7. That the plaintiff was old tenant of one shop (Garage) measuring 8’ x 16’

situated in Northern East corner of house No.47 (old) 55 (new), present

No.70/61, Zero Road, Allahabad, @ Rs.100/- per month.

8. That the plaintiff has vacated the shop (Garage) in question and delivered

the vacant possession of the same to the landlord on 23.5.2003.

9. That in view of the facts as stated above the plaintiff’s suit has become

infructuous and is liable to be dismissed.

10. That the plaintiff’s suit is liable to be dismissed.

Sd/-

Place: Defendant
Date:
Sd/-

Through counsel

Verification:
I, the defendant, do hereby verify that the contents of this written statement
from paragraphs 1 to 10 are true and correct to the best of my knowledge and
that I have put my signature below the W.S. as well as this verification clause
on this……….day of May,2003, at Patiala
Sd/-
Defendant

Affidavit attached with it.

 Sd/-
Deponent
Solemnly declared as aforesaid
At Patiala

Dated, this……….the day of………. 2003

Talbana form , Farihsat Dastavej form, Vakaltnama

List of documents attached with it (Annexures if any)
Copy of Plaint for Opposition Counsel

Que11. Draft a Suit for Specific Performance of a Contract (sale purchase of

property)

Ans:- Specific performance is a remedy developed by principle of equity. A

party to a contract who is damaged because the contract is breached by

another party has the option to file a suit for specific performance compelling

to perform his part of contract.

For example: A is owner of land. He executed an unregistered agreement of

sale in favour of B and received Rs. 50,000/- as an advance out of sale price of

Rs.1,00,000/-. A has to execute a Regd. Sale deed within three months from

date of execution of agreement of sale. But, A refused to execute Regd. Sale

deed and sold the said property to C for higher price. B can sue against A for

specific performance.

Plaint

IN THE COURT OF …..........X (Name of Court)......Civil Judge(JD), Patiala

P son of Q, aged about………….years, Residing at……………., occupation……….

……….Plaintiff

Vs

D son of E, aged about……… years, Residing at………….., occupation…………

……..Defendant

Subject: Suit for specific performance

The above named plaintiff respectfully states:

1. That the plaintiff knows the defendant for the last about ten years as his

neighbour.

2. That on the 8th March, 1986, by an agreement in writing, the defendant

agreed to sell his house, situated at Patiala for Rs. 100,000 to the plaintiff. A

copy of the said agreement has been annexed as Annexure P1 hereto and is

marked as Exhibit ‘P1/A’ to the plaint.

3. That the plaintiff paid Rs.50000 to the defendant as earnest money on

8.3.1986, through cheque and promised to pay the balance of Rs.50,000 on

15.3.1986, the date on which sale-deed was to be executed and the possession

of the said house was to be handed over to the plaintiff under said agreement.

4. That on 15.3.1986 the plaintiff approached the defendant and requested

him to execute the sale deed and hand over the possession of the house to the

plaintiff in accordance with the term of the agreement which the defendant
had made with plaintiff. But the defendant failed to execute the sale-deed on

one pretext or the other.

5. Finally, the plaintiff called upon the defendant through his advocate’s legal

notice letter dated 25.3.1986 and required the defendant to execute the sale

and hand over the possession of the house to the plaintiff. But, the defendant

failed to comply with; and even he did not reply the plaintiff’s said letter. A

copy of the said legal notice is annexed as Annexure P2 hereto and is marked

as Exhibit “P1/B” to the plaint.

6. That the plaintiff is ready and willing to perform his part of contract, i.e., to

pay the balance of Rs.50, 000 on the execution of the sale and on getting the

possession of the said house.

7. That the cause of action arose at Patiala on 8.3.1986 when the defendant

agreed to sell his house to the plaintiff. The plaintiff and the defendant have

been residing at Patiala and the said house is situate at Patiala. Thus, the whole

cause of action has arisen within the territorial limits of this Court, therefore,

this Hon’ble Court has got jurisdiction to try and entertain this suit.

8. That the plaintiff values the suit for Rs.100,000 for the purposes of

jurisdiction and Court fees.

9. The plaintiff, therefore, prays:

(a) That the Hon’ble Court be pleased to order the defendant to transfer the

possession of the house situated as above to the plaintiff by a sufficient

instrument;

(b) That in the alternative the Hon’ble Court be pleased to order the defendant

to pay Rs.30,000 as damage to the plaintiff; and

(c) That the defendant be ordered to pay the plaintiff’s costs of this suit.

Sd/-

Plaintiff

Place:
Date:
Sd/-
Through Counsel
Advocate
Verification:
I, P son of Q, the above named plaintiff, residing as above, do hereby, solemnly
state and declare that the content of paras 1 to 6 are true to my own
knowledge
and the contents of the remaining paras are based on the information received
and I believe the same to be true.
Sd/-

Plaintiff

Affidavit attached with it.

Sd/-
Deponent
Solemnly declared as aforesaid
At Patiala

Dated, this……….the day of………. 2003

Talbana form , Farihsat Dastavej form, Vakaltnama

List of documents attached with it (Annexures if any)
Copy of Plaint for Opposition Counsel

Que12. Draft a plaint on suit for Permanent Injunction (stay order)

Ans:- A permanent injunction is issued by a court that prohibits/restrains an

individual or entity from engaging in specific actions or behaviours. It is

typically granted following a through examination of the facts and merits of a

case and forms a final and conclusive part of a court’s judgment.

Plaint

IN THE COURT OF CIVIL JUDGE ........AT PATIALA

Suit No………. of …………..

P son of Q, aged about………….years, Residing at……………., occupation……….

………..Plaintiff

Vs

D son of E, aged about……… years, Residing at………….., occupation…………

……Defendant

Subject: Suit for permanent injunction

The above named plaintiff respectfully states :

1. That the plaintiff is the owner of the house no …. situate at Patiala and

bounded in the east by……..in the west by ………..in the south by……….and in

the north by the property of Shri………

2. That the said house of the plaintiff has a window and a ventilator on the east

of it.

3. That the plaintiff has been enjoying the use of light and air to and for his

house through the aforesaid window and ventilator in the east portion of his

house uninterruptedly for the twenty years (easement right)

4. That the defendant has begun to construct a wall on the east of the

plaintiff’s said house and the wall has reached 3 feet in the height. The said

wall of the house will close the window of the plaintiff’s aforesaid house.

5. Thus, the defendant’s wall will cause a complete obstruction to the passage

of air and light to the plaintiff’s said house through the said window and

ventilator on the east. The obstruction of the light and air will interfere,

materially, with the plaintiff’s physical comfort and will render the plaintiff’s

house unfit for living.

6. That the construction of the said wall of the defendant has violated the

plaintiff’s easementary right of air and light which the plaintiff has been

peaceably enjoying for the last twenty years.

7. That the market value of the plaintiff’s house has deteriorated on account of

the defendant’s said wall.

8. That the cause of action arose on the 15th April, ………. When the defendant

started construction of the said wall which the plaintiff asked the defendant

not to construct in the intended manner.

9. That the suit is valued at Rs.50,000 for the purposes of jurisdiction and Court

fees.

10. That this Hon’ble Court has got jurisdiction to try and entertain this suit as

the suit premises are situate the local limits of this Court.

11. The plaintiff, therefore, prays that:

(a) a mandatory injunction be issued to the defendant to demolish the portion

of the aforesaid wall as it obstructs the passage of the light and air to the said

house of the plaintiff;

(b) the defendant be restrained by a permanent order and injunction of this

Hon’ble Court not to construct any such wall in future;

(c) Ad-interim relief in terms be granted.(order 39 rule 1 &2)

(d) Costs of suit be granted to the plaintiff.

Sd/-
Plaintiff
Date:
Place:
Sd/-
 Through counsel

Verification:
I, P son of Q, the above named plaintiff, residing as above, do hereby, solemnly
state and declare that the content of paras 1 to 7 are true to my own
knowledge
and the contents of the remaining paras are based on the information received
and I believe the same to be true.
Sd/-

Plaintiff

Affidavit attached with it.

Sd/-
Deponent
Solemnly declared as aforesaid
At Patiala

Dated, this……….the day of………. 2003

Talbana form , Farihsat Dastavej form, Vakaltnama

List of documents attached with it (Annexures if any)
Copy of Plaint for Opposition Counsel

Que13. Draft an application for setting aside Ex parte Decree

Ans. Application for Setting Aside Ex Parte Decree:- Order 9 Rule 13 of CPC

deals with this application. An application for setting aside the ex parte decree

can be made only two grounds:

(a) the summons was not duly served, or

(b) the defendant was prevented by any sufficient cause from appearing in the

Court when the suit was called on for hearing.

Exercise of this right by the defendant:- A has filed a suit against B to recover

Rs.5,0000 due on a promissory note in the Court of Sub-Judge at Patiala. Due

to sudden dislocation of the railway service, B failed to attend the Court at the

time of hearing and decree is passed against him. B briefs this to advocate to

make an application to the Court for setting aside the ex parte decree, draft

the application.

IN THE COURT OF ABC(Judge/court name), Civil judge (JD), PATIALA

Misc. Application No…….19

In the Civil Suit NO. 55 of …….year

B…………… Applicant (Original Defendant/Judgement Debtor)

vs

A…………… Respondent (Original Plaintiff/ Decree Holder)

Application under Order 9, Rule 13, C.P.C.

The above named applicant submits as under:

1. That the opponent had filed a civil suit No. 55 of 1987 for the recovery of

Rs. 50,000 due on a promissory note against applicant.

2. Naturally the applicant was late in coming to the Court in view of the

accidents and heavy rains. The said suit was taken up for hearing in the

absence of the applicant at 12.30 on the aforesaid date and was decided in his

absence with an ex parte decree against the applicant.

3. The applicant, thus, was prevented from appearing in the Court when the

suit was called on for hearing by a sufficient cause. The applicant has filed his

affidavit in support of his application.

4. The applicant, therefore, respectfully, prays :

(a) That the ex parte decree passed against the applicant (defendant) may

kindly be set aside and the original suit No.55 of 1987 may be restored on the

file of the Hon’ble Court and may be heard on merits.

(b) That pending the hearing and final disposal of this application the opponent

may be restrained by an order of the Court from executing the ex parte decree

against the applicant (defendant).

Sd/-

Plantiff

Sd/-
Through Counsel
Advocate
Verification:
I, P son of Q, the above named plaintiff, residing as above, do hereby, solemnly
state and declare that the content of paras 1 to 7 are true to my own
knowledge
and the contents of the remaining paras are based on the information received
and I believe the same to be true.
Sd/-

Plaintiff

Affidavit attached with it.

 Sd/-
Deponent
Solemnly declared as aforesaid
At Patiala

Dated, this……….the day of………. 2003

Talbana form , Farihsat Dastavej form, Vakaltnama

List of documents attached with it (Annexures if any)
Copy of Plaint for Opposition Counsel

Que14. How to draft an application for appointment of guardian of a minor?

Ans:-Application for Appointment of Guardian:- The law relating to the form

of application for appointment of the guardian is laid down in Section 10 of the

Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act,

1956. There are as many as 12 facts which are mentioned in the said section

and one has to comply with all the requirements given in the said section. The

application is to be signed in the same manner as a plaint. This application is

required to be submitted before the District Judge and in the Presidency Towns

to the High Court in the exercise of its original civil jurisdiction.

Guardian ad litem—Where in a pending suit or proceedings any parties to the

suit dies and the heir of such party is a minor, it is necessary for you to get the

guardian of such minor heir appointed through the competent Court. As the

minor is incapable to guard his own interest, the law requires that such minor

should be represented by a proper person who will guard his interest. The
form for the application is provided in the rules framed by the High Court for

practice on its original side. The application for the appointment of a guardian

ad litem is made to the court in which the suit is pending.

Petition for the appointment of a Guardian of the Person and Property of

a Minor.(we can also file petition from mother(petitioner) to father

(respondent) where judicial separation had already taken place & father does

not take care of children whois minor. Points we can add like we get married

in 2008 , husband having external affairs, using filthy languages etc. )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Appn. No……of 19…………

Petition for appointment of a guardian of the person and property of ‘A ’, etc.,

a minor residing at….

The humble petition of the Petitioner Ram Niwas most respectfully stated:

1. That the above named ‘A’. is a minor of the age of 16 years, having been

born on or about the day of ….. The said minor is a male, Hindu by

religion, and ordinarily resides at…….with his maternal uncle.

2. That the said minor is absolutely entitled to the movable and immovable

properties, set out in the Schedule ‘A’ annexed hereto, which are

approximately of the value of Rs……..

3. That the said properties are at present in the possession of…….

4. That the said A. is at present in the custody of ………

5. That the only relations of the minor, now living are:

(a) This petitioner, the maternal uncle of the minor residing at……

(b) E., is his sister, and wife of G., residing at……

6. That no guardian of the person and/or of the property of the minor has been

appointed by any Court and no application has at any time been made to this

or to any other Court with respect to the guardian of the person and/or

property of the minor (or late Shri PQ was appointed guardian of the person

and property of the minor who died on or about the …..day of….. Since the

death of the late Shri PQ no other application except this or to any other Court

with respect to the guardianship of the person and/or property of the said

minor).

7. That this application is for the appointment of the guardian of the person

and property of the said minor.

8. That L.M., the father of the minor died intestate on or about the …….. day

of, …….. (or, is a person of unsound mind or incapable of managing his own

affairs, or as the case may be).

9. That the petitioner is the maternal uncle of the minor and the said minor is

under his care, custody and protection. The petitioner is married and has four

children, and resides with his family at…… He is financially very sound having
yearly income of Rs….. He is of good business habits and is a fit and proper

person to be appointed guardian of the person and property of the said minor,

‘A’

10. That suitable provision ought to be made for the education and

maintenance of the said minor and for the management of his properties Item

Nos. 2, 3 and 4 of Schedule hereto are in a dilapidated condition and need

repair, and unless they are at once repaired will seriously deteriorate in value.

11. The petitioner, therefore, humbly prays for an order that the petitioner

may be appointed guardian of the person and proper by the Hon’ble Court.

And for this act of kindness your petitioner as in duty bound shall ever pray.

Dated this………day of……. 19.....

at Bombay.

Sd/-

Petitioner

Through Counsel
Sd/-
Advocate