WRIT OF CERTIORARI

IN THE HON’BLE HIGH COURT AT_________

(Original Civil Jurisdiction)

Writ Petition No_______

1. ____s/o ___ r/o___ -----------------------Petitioner

Versus

1. State of West Bengal, Food Safety Department.

2. Municipal Commissioner of Kolkata.

3. Food Safety Authority of India ---------------------Respondent

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION FOR THE ISSUE OF A

WRIT OF CERTIORARI.

To,
The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of
Judicature of Calcutta.

The above named Petitioner begs to submit as under:

1. That the Petitioner is a law abiding citizen of India and resides at __________.
2. That the Petitioner runs a fast food restaurant in the name and style of Garage Place at Park
Street, Kolkata.
3. The Petitioner has obtained all necessary licenses and permission from the State and local
authorities according to the applicable laws of India for conducting his business.
4. That Petitioner held a Central FSSAI License No. ______dated____, and has been carrying
on this business for the last ten years and has gained a good reputation for his service in
India. A copy of the Central FSSAI License has been annexed hereunder as ANNEXURE 1.
5. The Petitioner on _____ received a notice from the Respondent No. 3 to show cause and give
explanation that why should not his license be revoked for selling adulterated food in his
restaurant. The notice also required the Petitioner to produce the license before the
Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE 2.
6. The Petitioner pursuant to the notice dated____, submitted his explanation, wherein he stated
that he did not sell any adulterated food and complied with all the relevant food safety
regulations applicable in India.
7. Thereafter, the Respondent No.3, cancelled the Central FSSAI license of the Petitioner
without giving proper consideration to the submission of the Petitioner by order dated ___.
8. The Petitioner aggrieved by the impugned order of the Respondent has approach this Hon'ble
Court.
9. The Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary and
void amongst other:-
a) The Respondent No. 3 have acted in violation of the principle of natural justice.
b) The Respondent No. 3 have not applied their minds to the facts of the case.
c) The said order dated____ by Respondent No. 3 is in violation of Article 19(1)(g) of the
Indian Constitution.

It is, therefore prayed before the Hon'ble Court to quash the order of the Respondent No. 3 and
pass any other order as this Hon'ble Court may deem fit.

_________ ___________

PETITIONER DATE
 WRIT OF HABEAS CORPUS

In the High Court of Judicature at Gujarat

Writ Petition No._______
Under Article 226 of the Constitution of India

1. ______ s/o ___ aged about years, resident of __________ through ____ s/o ___, aged _____
year as next friend.

.........PETITIONER

VERSUS

1. State Government, Home Department, Gujarat

2. District Magistrate, Surat
3. Superintendent, Sabarmati Jail, Ahmedabad
....RESPONDENTS

To
The Hon’ble Chief Justice and His Companion Judges of the aforesaid Court.

The humble petition of the petitioner above named respectfully showeth:

1. That the petitioner resides in _________ and has been a law abiding citizen of India.
2. That on ___day of____, the Petitioner was arrested and detained for a period of 3 months in
the Sabarmati District Jail, wherein the Respondent No. 3 is the Superintendent, with an order
passed by the Respondent No.1 dated ___under the National Security Act, 1980. A copy of
the order by the Respondent No. 1 has been annexed herewith as Annexure 1.
3. That, on the date of getting detained and arrested in the Sabarmati Jail Ahmedabad. The
Petitioner was not informed about the grounds of his detention by Respondent No. 3.
4. That after seven days of getting arrested and detained, the Petitioner was informed of his
ground of arrest and detention.
5. The report of the ground of detention was furnished to the Petitioner in English, which is not
understood by the Petitioner.
6. The Petitioner's father is interested in the release of the Petitioner from the detention.
7. Therefore, the order by Respondent No. 1 dated______, is illegal, arbitrary and with lack
of jurisdiction because of the following grounds given below:-
a. The grounds of detention were furnished to the Petitioner after prolonged delay.
b. The Petitioner’s detention is violative of Article 21 of the Indian Constitution.
c. The grounds of detention of the Petitioner was given in English, which is not
comprehensible for the Petitioner.
d. The grounds of detention is very arbitrary and vague.

Wherefore, it is respectfully prayed that this Court may issue a writ of Habeas Corpus to the
Respondent 1 to 3 thereby quashing the impugned order and directing the release of the
Petitioner and granting reasonable compensation to the Petitioner.
 MATRIMONIAL PLEADINGS
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI

HMA PETITION NO……… OF 2024

IN THE MATTER OF :

X ………………

s/o

R/o …………………………….. … PETITIONER

VERSUS

Y ………………

w/o
R/o …………………………….. …RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9

OF THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That a marriage was solemnized between the parties according to Hindu rites and

ceremonies on ………(date) at……..(place). The said marriage is registered with the

Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage

Register……… is filed herewith. An affidavit, duly attested declaring and affirming these

facts is also attached.

2. That the status and place of residence of the parties to the marriage before the marriage and

at the time of filing the petition are as follows:

Husband Wife
Status Age Place of Status Age Place of
Residence Residence
i. Before marriage
 ii. At the time of
filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. That the (In this paragraph state the names of the children, if any, of the marriage together

with their sex, dates of birth or ages).

4. That the respondent has, without reasonable excuse, withdrawn from the society of the

petitioner with effect from…………..(The circumstances under which the respondent

withdrew from the society of the petitioner be stated in few paragrahs depending upon the
facts).

5. That the petition is not presented in collusion with the respondent.

6. That there has not been any unnecessary or improper delay in filing the petition.

7. That there is no other legal ground why relief should not be granted.

8. That there have not been any previous proceedings with regard to the marriage by or on

behalf of any party.

Or

There have been the following previous proceedings with regard to the marriage by or on

behalf of the parties:

Serial Name of Nature of Number and Name and Result

Parties Proceedings year of the location
with case of court
Section of
that Act

i.

(Choose whichever is applicable to the facts)

9. That the marriage was solemnized at……………. The parties last resided together
at………… The parties are now residing at…………………(Within the local limit of the

ordinary original jurisdiction of this Court.)

10. That this Hon’ble Court has jurisdiction to try and entertain this petition.

PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly

prayed that this Hon’ble Court may be pleased to grant a decree of restitution of conjugal

rights under Section 9 of the Hindu Marriage Act in favour of the petitioner.

Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and

equity.

PETITIONER
Place: Delhi Through

Date: ADVOCATE

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to …………..of the

petition are true to the petitioner’s knowledge and paras……………….to………………. are

true to the petitioner’s information received and believed to be true by him/her.

Verified at………………………………(Place)

Dated………………….
PETITIONER

[NOTE : AN AFFIDAVIT OF PETITIONER IS TO BE APPENDED]

*****
 PETITION FOR JUDICIAL SEPARATION
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..),

DELHI HMA PETITION NO. _______ OF 2017

IN THE MATTER OF :

X ………………

s/o

R/o …………………………….. … PETITIONER

VERSUS

Y ………………
w/o

R/o …………………………….. …RESPONDENT

PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF THE HINDU

MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That the marriage was solemnized between the parties according to Hindu rites and
ceremonies on ………(date) at……………(place). The said marriage is registered with the
Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage
Register………….is filed herewith.

2. That the status and place of residence of the parties to the marriage before the marriage and at
the time of filing the petition are as follows:

Husband Wife
Status Age Place of Status Age Place of
Residence Residence
i. Before marriage
ii. At the time of
filing the petition

3. That the (In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages).
4. That the respondent has……..(any one or more of the grounds available under section 10 may
be pleaded here. The matrimonial offences charged should be set in separate paragraphs with
times and places of their alleged commission. The facts on which the claim to relief is founded
should be stated in accordance with the Rules and as distinctly as the nature of the case permits.)

5. (where the ground of petition is on the ground specified in clause (i) of section 13 (1). The
petitioner has not in any manner been necessary to or connived at or condoned the acts
complained of.

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the
cruelty.

7. That the petition is not presented in collusion with the respondent.

8. That there has not been any unnecessary or improper delay in filing the petition.

9. That there is no other legal ground why relief should not be granted.

10. That there have not been any previous proceedings with regard to the marriage by or on
behalf of any party.

Or

There have been the following previous proceedings with regard to the marriage by or on behalf
of the parties:

Serial Name of Nature of Number and Name and Result

Parties Proceedings year of the location
with case of court
Section of
that Act

i.

11. That the marriage was solemnized at……………. The parties last resided together
at………… The parties are now residing at………………… (Within the local limit of the
ordinary original jurisdiction of this Court)

12. That this Hon’ble Court has jurisdiction to try and entertain this petition PRAYER: In view
of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that
this Hon’ble Court may be pleased to grant a decree of Judicial Separation under Section 10 of
the Hindu Marriage Act in favor of the petitioner. Any other relief/order/Direction this Hon’ble
Court may deem fit in the interest of justice and equity.
 PETITIONER

Place: Delhi Through

Date: ADVOCATE

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to____ of the petition are
true to the petitioner’s knowledge and paras____ to_______ are true to the petitioner’s
information received and believed to be true by him/her.

Verified at________________ (Place)

Dated__________________________ PETITIONER

[Note : An affidavits of petitioner is to be appended. ]

*****
 PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF
DIVORCE
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI

HMA PETITION NO. ________ OF 2017

IN THE MATTER OF:

X___________________

S/O

R/O … PETITIONER

VERSUS

Y____________________

W/O
R/O …RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That the marriage was solemnized between the parties according to Hindu rites and
ceremonies after the commencement of the Hindu Marriage Act on_______ at _________.The
said marriage is registered with the Registrar of marriage. A certified copy of

the relevant extract from the Hindu Marriage Register………….is filed herewith.

2. That the status and place of residence of the parties to the marriage before the marriage and

at the time of filing the petition are as follows:

Husband Wife
Status Age Place of Status Age Place of
Residence Residence
i. Before marriage
 ii. At the time of
filing the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).

3. (In this paragraph state the names of the children, if any, of the marriage together with their

sex, dates of birth or ages).

4. That the respondent…….(one or more of the grounds specified in section 13 may be

pleaded here. The facts on which the claim to relief is founded should be stated in accordance

with the Rules and as distinctly as the nature of the case permits. If ground as specified in

clause (i) of Section 13 (i) is pleaded, the petitioner should give particulars as nearly as he

can, of facts of voluntary sexual intercourse alleged to have been committed. The matrimonial
offences/offences charged should be set is separate paragraphs with the time and places of their
alleged commission.)

5. (Where the ground of petition is on the ground specified in clause (i) of sub-section (1) of

Section 13. The petitioner has not in any manner been accessary to or connived at or

condoned the acts(s) complained of).

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned
the cruelty.

7. That the petition is not presented in collusion with the respondent.

8. That there has not been any unnecessary or improper delay in filing the petition.
9. That there is not other legal ground why relief should not be granted.

10. That there have not been any previous proceedings with regard to the marriage by or on

behalf of any part.

Or

There have been the following previous proceedings with regard to the marriage by or on

behalf of the parties:

Serial Name of Nature of Number and Name and Result

Parties Proceedings year of the location
with case of court
 Section of
that Act

i.

11. That the marriage was solemnized at……………. The parties last resided together

at………… The parties are now residing at………………… (Within the local limits of the

ordinary original jurisdiction of this Court.)

12. That this Hon’ble Court has jurisdiction to try and entertain this petition
PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly

prayed that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13

of HMA in favor of petitioner.

Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and

equity.

PETITIONER

Place: Delhi Through

Date: ADVOCATE

VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to_____of the petition are
true to the petitioner’s knowledge and paras_____ to ______ are true to the petitioner’s information
received and believed to be true by him/her.
Place

Dated_____________________________

PETITIONER

[Note : An affidavit of the petitioner is to be appended.]

*****
 PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF
DIVORCE BY MUTUAL CONSENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI

HMA PETITION NO. _______ OF 2017

IN THE MATTER OF:

X______________________ … PETITIONER NO. 1

AND

Y_______________________ … PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY

MUTUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT,

1955

MOST RESPECTFULLY SHOWETH:

1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies
on______(date) at__________(place). A certified copy of the relevant extract from the Hindu
Marriage Register is filed herewith. An affidavit, duly attested stating these facts are filed
herewith.
2. That the status and place of residence of the parties to the marriage before the marriage and at
the time of filing the petition are as follows:

Husband Wife
Status Age Place of Status Age Place of
Residence Residence
i. Before marriage
ii. At the time of
filing the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).

3. (In this paragraph state the place where the parties to the marriage last resided together and the
names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. That the parties to the petition have been living separately since______ and have not been able
to live together since then. (In few paragraphs, mention the reasons for not being able to live
together. In case there is a settlement between parties, the same can also be mentioned).

5. That the parties to the petition have mutually agreed that their marriage should be dissolved.

6. That the mutual consent has not been obtained by force, fraud or undue influence.

7. That the petition is not presented in collusion.

8. That there has not been any unnecessary or improper delay in instituting the proceedings.

9. That there is no other legal ground why relief should not be granted.
10. That the petitioners submit that this Court has jurisdiction to entertain this petition.

(Mention how the court has jurisdiction to entertain the petition).

PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly
prayed that this Hon’ble Court may be pleased to grant a decree of divorce on mutual consent
thereby dissolving the marriage between petitioner No. 1 and Petitioner no. 2 on the ground of
mutual consent.

PETITIONER NO. 1

PETITIONER NO. 2

THROUGH

COUNSEL

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to. ______ of the petition
are true to the petitioner’s knowledge and paras______ to______ are true to the petitioner’s
information received and believed to be true by him/her.
Verified at_________________(Place)

Dated___________________________

PETITIONER NO. 1

PETITIONER NO. 2

[Note : Separate affidavits of petitioner no. 1 and petitioner no. 2 to be appended]

**********
 APPLICATION UNDER SECTION 24 OF HINDU MARRIAGE ACT
(WITH AFFIDAVIT)
IN THE COURT OF______, LD. PRINCIPAL JUDGE (FAMILY COURTS), GURUGRAM

H.M.A. NO……………..OF ………..

IN THE MATTER OF:-

XXXXXXXXXX …PETITIONER

VERSUS

XXXXXXXXXX … RESPONDENT

APPLICATION UNDER SECTION 24 OF H.M.A. ON BEHALF OF THE

RESPONDENT/WIFE FOR MAINTENANCE PENDENTELITE AND FOR EXPENSES
OF THE PROCEEDINGS FOR THE RESPONDENT AND HER MINOR CHILDREN.

MOST RESPECTFULLY SHOWETH:

1. That the petitioner has filed captioned petition under Section 13(1)(ia) of Hindu Marriage Act,
against the respondent, which is pending for adjudication before this Hon'ble Court.

2. That the respondent/wife has filed the written statement to the petition under Section 13(1)(ia)
of H.M. Act filed by the petitioner/ husband. The facts stated in the written statement are true to
the knowledge of respondent and the same be read as part of this application, which are not being
repeated here for the sake of brevity.

3. That after the marriage the petitioner and respondent lived together as husband and wife and the
marriage was duly consummated and out of the said wedlock one female child was born on
(DATE)…. and one male child was born on ………..(Date)

4. That the marriage of the petitioner was solemnized with the respondent on ………(Date) with
great pomp and show as per Hindu rites and ceremonies, which was attended by the friends and
relatives of both the parties.
5. That it is also important to mention here that the Petitioner and his family members caused lots
of physical, mental torture and harassment to the Respondent and the Petitioner and his family
members used to taunt and humiliate Respondent on every occasions and whenever, Respondent
goes outside the house, Petitioner and his family members levelled false allegation and Respondent
most humbly submits that, no one from the family of them has ever tried to pacify and advise him
about the right way to lead the family.

6. That the respondent had been subjected to mental cruelty / physically and psychologically. That
Petitioner refused to support the Respondent and blamed her and apart from physical cruelties,
Respondent has been subjected to different types of cruelties, which is more harmful then of
physical cruelties and this have destroyed the peace of mind and grievously hurt her mental feeling.

7. That the comprehensive appraisal of the entire matrimonial life span of the Respondent and the
Petitioner clearly shows that the Petitioner and his family members are guilty of treating the
Respondent with violence that is physically, mentally, economically as well and that is to without
any just and reasonable cause, which has been unpardonable and unforgiveable and their willful
and unjustifiable acts have inflicted severe harassment and agony to the Respondent.

8. That petitioner has not given a single penny to respondent to meet her day to day expenses and
at all the times, the Respondent had to borrow the same from her family, friends and relatives.

9. That the Petitioner is a man of means. He is working in TCS and getting a handsome salary to
the tune of Rs……………../- per month. Besides, the Petitioner is also having properties, which
have been rented out to different tenants and the Petitioner is earning approximately
Rs…………../- as rent from the aforesaid properties. Further, the Petitioner is also having ancestral
properties at Gurugram and other states. Thus, the Petitioner is earning a total sum of
Rs…………../- per month from the aforesaid sources. The Petitioner maintains Cars, expensive
mobile phone (iPhone). The Petitioner has good amount of gold and bank balances in various
banks and have invested in shares, savings in form of fixed deposits, LIC's and other insurances,
rents etc. It is submitted that the Petitioner is having Cars and two wheelers. The Petitioner is also
having various Debit Cards and Credit Cards of various banks. That on the other hand the
Respondent is earning petty amount of Rs…….. lakhs per annum and working
in………………and taking care of minor children. Thus, the Respondent needs Rs………. for
herself as well as her minor children i.e minor daughter if …..years (AGE) and minor son of
…….years (AGE) and the respondent need maintenance to maintain the day to day expenses of
herself and for her minor children.

10.That Respondent has not only been neglected but also the Petitioner has refused to maintain the
Respondent. The aforesaid acts of neglect and cruelty have left a deep impact upon the psyche of
the Respondent.

11.That the respondent has committed acts of domestic violence by harming / injury / endangering
the health, safety, life of the applicant and the Petitioner has deprived the applicant to economic
and financial resources for which the Respondent is entitled as per legitimate right of being a
legally wedded wife of the Petitioner.
12. That the Respondent is taking care of her minor children with the petty salary amount of Rs.
…… lakhs per annum and hardly able to maintain with rented property/accommodation. That
Respondent is entitled to live in similar life style as per the status of the Petitioner and their child
need same degree of comforts as in the Petitioner's home.

13. That the petitioner has willfully and deliberately neglected to maintain the respondent.

14.That the respondent is not having any moveable and immovable property in her name.

15. That it is pertinent to mention here that the petitioner has no other liability or responsibility to
meet except to maintain the respondent and her children.
16. That on the other hand the respondent is not earning and is absolutely dependent on the mercy
of her parents. 17.That the respondent requires money for herself & for her children as the
petitioner is duty bound to maintain her as the respondent is the legally wedded wife of the
petitioner.

18.That the respondent neither have good income as petitioner have nor owns any immovable or
movable properties and even all the stridhan jewellery articles and dowry articles of the respondent
are with the petitioner and his parents.

19.That respondent is in a torturous life and does not have sufficient funds to maintain herself and
for her children and staying in a rented accommodation.

20. That the petitioner belongs to a high-class family has not made any provisions for the
maintenance to the respondent. The petitioner is not having any other responsibility except to
maintain the respondent. The respondent is passing through hardships and crises. The petitioner is
under moral, social and legal obligation to maintain the respondent as the applicant is the legally
wedded wife of the petitioner. The petitioner is not fulfilling any of his responsibility towards the
applicant, showing his irresponsible, disorderly and cruel behavior upon her.
21.That the petitioner is also having other moveable and immoveable properties in his name but
not disclosed to the applicant and also having shares, fixed deposits, bonds etc. and maintaining
credit cards and club membership in his name. Apart from the said, the petitioner is having the
additional source of income and leading a luxuries life.

22.That under the circumstances, the respondent is in need of money to maintain herself and her
children. The petitioner is duty bound to maintain the respondent as per his status and she is entitled
for a sum of Rs.x,xx,xxx/- per month.

23.That it is submitted that since the date of desertion, the petitioner has not maintained the
respondent and her children and has not paid anything.

24.That it is established that the petitioner has failed to discharge his liability as provided under
the law.
25. That the petitioner is legally bound to maintain the respondent and she is entitled for
Rs.x,xx,xxx/- per month for her maintenance, livelihood and for her children.

26. That in case the present application is not allowed and maintenance in terms of provisions of
Section 24 of H.M.A. is not granted to the respondent, she shall be put to face starvation.

PRAYER:

It is therefore, prayed that maintenance @Rs.xx.xx.xxx/- (Rupees xxx xxxx only) per month may
be granted to the respondent and her children and the petitioner be further directed / ordered to pay
a sum of Rs.x,xx,xxx/- as cost of litigation / expenses of proceedings in terms of Section 24 of
H.M.A. till the pendency/final disposal of present petition.

It is, further prayed that this Hon'ble Court give directions to the petitioner/ husband to disclose
his other assets (moveable and immoveable).

Any other relief which this Hon’ble Court may deem fit and proper also be passed in favour of the
respondent and against petitioner.

Place: DEFENDANT

Date: THROUGH

ADVOCATE

IN THE COURT OF______, LD. PRINCIPAL JUDGE (FAMILY COURTS),

GURUGRAM

H.M.A. NO……………..OF ………..

IN THE MATTER OF:-

XXXXXXXXXX …PETITIONER

VERSUS

XXXXXXXXXX … RESPONDENT

AFFIDAVIT
Affidavit of Mrs. XXXXXXXXXX, W/o Mr. XXXXXXXXXX, D/o Sh. XXXXXXXXXX R/o
XXXXXXXX,XXXXXX, XXXXX at present, the above-named respondent solemnly affirm and
declares as follows:-

1. 1. That I, being the respondent in the above noted case and am aware of the facts and
circumstances of the case and as such am competent to swear and file the present affidavit.

2. That the contents of the accompanying application under Section 24 of H.M.A for grant of
maintenance and litigation expenses, has been drafted by my counsel under my instructions and
the contents of the same may kindly be read as part and parcel of this affidavit as the same are not
being reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:

I, …………….., do hereby verify on this ____day of January, 2016 at Delhi that the contents

of the above said affidavit are true and correct to my knowledge and information and nothing

material has been concealed therefrom.

DEPONENT

*********
 DRAFT AFFIDAVIT IN MATRIMONIAL PLEADINGS
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI COURT

(DIST…..) , DELHI.
H.M.A. PETITION NO. /2023

IN RE:-

SMT. A

W/O

R/O …PETITIONER

VERSUS

SH. B

W/O

R/O …RESPONDENT

AFFIDAVIT OF SMT. A, W/O…., D/O…… AGED ABOUT………, R/O…………...

I, the above named Deponent do hereby solemnly affirm and declare as under:
1. That I am the petitioner in the aforesaid matter and as such I am well aware about the
facts of the present case and thus competent to depose the same.

2. That my marriage was solemnized with the respondent, according to Hindu Rites and

ceremonies on ……. at Delhi.

3. That the present petition has not been presented in collusion with the respondent.

4. That there is no improper or undue delay in filing the present petition.

5. That the consent for filing the present petition has not been obtained by fraud, force,

pressure or undue influence.

6. That the contents of the accompanying petition U/S ………of the Hindu Marriage Act. 1955,
as amended upto date, have been drafted by my counsel as per my instructions and contents of
the same have been duly read and understood by me and after fully understanding the contents of
the same, I hereby state that the fact stated therein are all true and correct to my knowledge and
the fact stated therein may kindly be read as part and parcel of the present affidavit also as the
contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:

I, …………….., do hereby verify on this ____day of January, 2016 at Delhi that the contents

of the above said affidavit are true and correct to my knowledge and information and nothing

material has been concealed therefrom.

DEPONENT

*****
 CIVIL PLEADINGS
MODEL DRAFT FOR WRITTEN STATEMENT
IN THE COURT OF SHRI ……………… CIVIL JUDGE

(DISTRICT __________), DELHI

SUIT NO. ……………………OF 2017

X_______________ … PLAINTIFF

VERSUS

Y_________________ …..DEFENDANT

WRITTEN STATEMENT ON 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 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.

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 the contents of 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 be 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 property. As a matter of fact, Mr. N is the owner of
the suit property.

4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the
suit property. 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 the contents of para 21 is not admitted. This Hon’ble Court has no jurisdiction to entertain
this suit because the subject matter of this suit exceeds the pecuniary jurisdiction of this Hon’ble
Court.

13. That the contents of 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.

Place: DEFENDANT

Date: THROUGH

ADVOCATE

VERIFICATION :

Verified 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.
DEFENDANT

[NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be

verified and supported by affidavit]

*****
 (MONEY SUITS)
SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________). ROHINI COURT,
DELHI

SUIT NO ……………. OF 20..

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd.

A Company Incorporated Under the

Companies Act, Having Its Registered Office

At ………, New Delhi.

Through its Director

Shri…………………… ……….. PLAINTIFF

VERSUS

M/s XYZ Ltd.

A Company Incprporated Under The

Companies Act. Having Its Registered Office

At ………., Delhi

Through its Director

Shri…………………… …….. DEFENDANT

SUIT FOR RECOVERY OF RS. 4, 19,200/- (Four lakh nineteen thousand two hundred

Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a Company constituted under the Companies Act having its registered office
at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director of the Plaintiff is a duly
constituted attorney of the Plaintiff and is authorized and competent to sign and verify the plaint,
vakalatnama etc. and to institute this suit on behalf of the Plaintiff.

2. That the Plaintiff carries on the business of construction, engineering and designing. The
Plaintiff is a builder of international repute and has earned a big name in its business.

3. That the Defendant is a Company incorporated under the Companies Act having their registered
office at ……Chandigarh.
4. That the Defendant approached the Plaintiff for construction of a building for their paper mill at
Chandigarh some time in the year …..

5. That the plaintiff and the defendant entered into an agreement for the construction of a building
as per the site plan and specifications.

6. That the Plaintiff constructed the building and handed over the possession of the same to the
Defendant sometime in…...(date).

7. That on ………(date), the Plaintiff raised the final bill for Rs. 4,19,200/- on the Defendant on
account of the construction of their paper mill at Chandigarh against which the Defendant handed
over cheque No. 213456 dated ……..(date) for Rs. 4,19,200/- drawn on Punjab National Bank,
Shahdara, Delhi to the Plaintiff.

8. That the cheque was presented by the Plaintiff, however the same was dishonoured upon
presentation vide bank memo dated……

9. That the Plaintiff immediately informed the Defendant about the dishonour of the said cheque
and called upon the Defendant to make the payment of the said amount along with interest @ 18%
per annum. However, the Defendant failed to pay the same to the Plaintiff despite repeated requests
and reminders.
10. That the Plaintiff therefore finally issued a legal notice dated …….(date) to the Defendant
calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with interest
at the rate of 18% per annum w.e.f. ……..(date) upto the date of payment. However, no payment
has been made by the Defendant despite the said notice.

11. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @ 18% per
annum from the date on the Plaintiff’s bill. The Plaintiff is, claiming interest from……(date) upto
the date of filing of this suit @ 18% per annum.

12. That the cause of action in favour of the Plaintiff and against the Defendant first arose in 2000
when the Plaintiff was approached by the Defendant for construction of their paper mill. It further
arose in…….. when the said building was completed and handed over to the Defendant and on
……. when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the Defendant. The cause of
action arose on all dates when the Plaintiff called upon the Defendant to make the payment and
the later failed to comply with it. The cause of action is still subsisting as the Defendant has failed
to pay the outstanding amount despite repeated oral and written requests and reminders from the
Plaintiff.

13. The suit is within the period of limitation.

14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of action
arose at Delhi. The contract for construction of the paper mill was entered at Delhi, all the payments
upto this date have been made at Delhi and the payment of the outstanding amount was also to be
made at Delhi. The Administrative Office of the Defendant is situated at Delhi where they carry
on the work for their gain.
15. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which
court fee of Rs. ___________is paid.

16. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief has
been claimed which does not fall within the ambit of Order XXXVII.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-

(a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only)
with interest @ 18% per annum from ……(date) upto the date of filing the suit in favour of the
Plaintiff and against the Defendant;

(b) award pendentlite and future interest at the rate of 18% per annum on the above stated
amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest
@ 18% per annum from …..(date) upto the date of filing the suit in favour of the Plaintiff and
against the Defendant;
(c) award cost of the suit in favour of the Plaintiff and against the Defendant; and
(d) pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.

Place: Plaintiff

Date: Through

Advocate
VERIFICATION:

Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the

plaint are true to my knowledge derived from the records of the Plaintiff maintained in the

ordinary course of its business, those of paras …. to .... are true on information received and

believed to be true and last para is the humble prayer to this Hon’ble Court.

Plaintiff

[NOTE : The above plaint must be supported by an Affidavit]

Note: A student should mention the correct paragraphs in the verification and also focus on

territorial and pecuniary jurisdiction.

*****
 DRAFT AFFIDAVIT
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI

SUIT NO ……………. OF 20..

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd.

A Company Incorporated Under The

Companies Act, Having Its Registered Office

At New Delhi. ……….. PLAINTIFF

VERSUS

Shri……………………

M/s XYZ Ltd.

A Company Incprporated Under The

Companies Act. Having Its Registered

Office At Delhi

Through its Director

Shri…………………… …….. DEFENDANT

AFFIDAVIT OF Sh………, S/O. …………………, AGED ABOUT 38 YEARS, R/O………….

in the capacity of the director of M/S ABC Pvt. Ltd..

I, …………..the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am the Authorized Representative / Director of the Plaintiff and I am aware of the
facts and circumstances of the present suit based upon the records of the Plaintiff maintained in
the ordinary course of business and I am duly authorized and competent to swear and file the
present suit and affidavit.
2. I say that the accompanying Suit has been drafted and filed by my counsel upon my instructions
and contents of the same are true and correct.

3. I say that the documents filed along with plaint are true copies of originals.

DEPONENT

VERIFICATION:

I, ………, do hereby verify on this ____day of January, 2017 at Delhi that the contents of the
above said affidavit are true and correct to my knowledge and information and nothing material
has been concealed therefrom.
DEPONENT

*****
 SUIT FOR PERMANENT INJUNCTION
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI
SUIT NO. ____________ OF 20..

IN THE MATTER OF:

Sh. Om Veer Singh

S/o. ___________-,

R/o. Sainik Nagar, New Delhi .. .… PLAINTIFF

VERSUS

1. Dr. U. Basu

S/o________,

R/o Pragati Vihar Society, Delhi - 92

2. Tapan Kumar,

S/o ______

R/o Pragati Vihar Society, Delhi – 92 ….. DEFENDANTS

SUIT FOR PERMANENT INJUNCTION

MOST RESPECTFULLY SHOWETH:
1. That the plaintiff is the permanent resident of the above mentioned address in property bearing
no. ________ Uttam Nagar, New Delhi for the last many year and is living with wife and minor
children, as a tenant.

2. That the plaintiff is a tenant in respect of the above said property bearing
no_____________Uttam Nagar, New Delhi consisting two rooms, latrine and kitchen in the above
said premises of Rent Rs. …….per month excluding electricity and water charges under the
tenancy of late Sh_________ who died on ……..(date) and late Sh. _____ used to collect the rent
from the plaintiff but late Sh. _____did not issued any rent receipt to the plaintiff even after several
demands made by the plaintiff but he always used to postpone the issue of rent receipt.
3. That the plaintiff spent a huge amount on the construction of these two rooms in the above said
premises at the request of Late Sh. _____and Sh. _____assured the plaintiff to adjust the said rent
(the plaintiff is having the necessary documents/proofs of material for construction of rooms in the
above said property). It is also pertinent to mention here that the plaintiff looked after late Sh.
______ many a times, whenever he fell ill.

4. That at present the plaintiff is having the peaceful possession of premises no.
____________Uttam Nagar, New Delhi and is having the whole necessary documents/record
regarding possession (photocopy of Ration Card, School Card is enclosed herewith) but the above
said defendants are intended to disturb the peaceful physical possession of the plaintiff of the above
said premises.
5. That the plaintiff is having the whole necessary household goods which are lying/kept in the
above said premises and is living peacefully.
6. That the plaintiff has paid the agreed rent @ Rs. …… per month to late Sh. ______upto …... It
is also pertinent to mention hare that the legal heirs of late Sh. ______are not in the knowledge of
the plaintiff and at present also the plaintiff is ready to tender the rent before the legal heirs of late
Sh. _________.

7. That on ……..(date) the above said defendant came to the above said premises of the plaintiff
and threatened the plaintiff to vacate the tenanted premises immediately otherwise the plaintiff
would have to face dire consequences, when the plaintiff asked about their identity then they did
not disclose the same, instead started throwing household goods forcibly and illegally and started
to quarrel with the plaintiff when the local residents/neighbors’ intervened in the matter then the
defendants left the spot after threatening for dire consequences and to dispossess the plaintiff
forcibly and illegally in the near future with the help of local goondas. The defendants openly
stated that the staff of police post ………dances at their tune and it is very easy job for them to
dispossess any person or to grab the property of any one with the help of the police staff.
8. That immediately on the same date the plaintiff rushed to the police post …….to lodge his report
against the defendants regarding such incident but duty officer did not lodge the report of the
plaintiff. The plaintiff was surprised to see that both the defendants were already present at the
Police Post …….

9. That on ………(date) , the plaintiff sent a notice to the defendant no. 1 and copy to Chowki In-
charge Police Post ……. by Regd. A.D. (copy of the same is enclosed herewith) but Police Post
……… staff has not taken any action against the defendants for reasons best known to them.

10. That on …….. (date), the defendants along with two unknown persons/ whom the plaintiff can
recognize by face, came to the above said premises bearing no. _______ Uttam Nagar, and
knocked at the door at odd hours and threatened the plaintiff to come out of the room. The plaintiff
saw their faces from gaps of the door and the plaintiff got nervous, and therefore did not come out
of two-room apartment. The said persons threatened the plaintiff to vacate the premises
immediately. However, then the neighbors’ gathered there and they restrained the defendants from
dispossessing the plaintiff from the above said premises forcibly and illegally. When the neighbors’
threatened them, they left the spot with a threat to come after one or two days with heavy force to
dispossess the plaintiff from the above said premises forcibly and illegally.

11. That on ……(date), the plaintiff again went to the police post ……. to lodge the report against
the defendants but no Police Officer of police post ……. is ready to listen against the defendants
and they advised the plaintiff to approach to the competent court of law to seek his remedy and to
get injunction order against the defendants and the police post ……..

12. That the plaintiff has no other efficacious remedy except to approach to this Hon'ble court for
seeking relief of injunction against the defendants from interfering in the peaceful possession of
the premises no. __________Uttam Nagar, New Delhi.

13. That the cause of action arose on different date when the defendants threatened the plaintiff to
vacate the premises no. __________Uttam Nagar, New Delhi and threatened the plaintiff of dire
consequences and further to dispossess him from the above premises bearing
no.__________Uttam Nagar, New Delhi forcibly and illegally. The cause of action lastly arose on
……. when the defendants again threatened and tried to dispossess the plaintiff from the premises
no. ______ Uttam Nagar, New Delhi forcibly and illegally with the connivance of the Local Police.
The cause of action still subsists as the threat of the defendants to dispossess the plaintiff and to
create disturbance in the peaceful possession of the premises no._______ Uttam Nagar, New Delhi
continues.

14. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which
court fee of Rs. ___________is paid.

15. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of action
arose at Delhi and the suit property is situated within the territorial jurisdiction of this Hon’ble
Court.
PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
(a) pass the decree for Permanent Injunction in favour of the plaintiff and against the defendants
thereby restraining the defendants, their representatives, employees, agents etc. from dispossessing
the plaintiff forcibly and illegally from the tenanted premises bearing no. _______ Uttam Nagar,
New Delhi and also from interfering in the peaceful possession of the above said premises.

(b) award cost of the suit in favour of the Plaintiff and against the Defendants;

(c) pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.

Place:

Date:
 Plaintiff

Through

Advocate

VERIFICATION:

Verified at Delhi on this …..of January 20… that the contents of paras 1 to .. of the plaint are true
to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its
business, those of paras .. to … are true on information received and believed to be true and last
para is the humble prayer to this Hon’ble Court.
Plaintiff

[NOTE : This plaint has to be supported by an affidavit]

*****
APPLICATION FOR TEMPORARY INJUNCTION ORDER XXXIX, RULE
1 & 2 READ WITH SECTION 151
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI

IA NO. ___________OF 20…

IN

SUIT NO. ___________OF 20...

IN THE MATTER OF:

Sh. Om Veer Singh,

S/o ____________

R/o …… PLAINTIFF/APPLICANT

VERSUS

1. Dr. U. Basu,
S/o ___________

R/o …..

2. Sh. Tapan Kumar,

S/o ___________

R/O…. DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE

1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed a suit for permanent injunction which is pending for

disposal before this Hon’ble Court.

2. That the contents of the accompanying suit for permanent injunction may kindly be

read as a part and parcel of this application which are not repeated here for the sake of

brevity.
3. That the plaintiff/applicant has got a prima-facie case in his favour and there is

likelihood of success in the present case.

4. That in case the defendants are not restrained by means of ad-interim injunction for

dispossessing the plaintiff from the above said premises no. _________ Uttam Nagar, New

Delhi and from interfering in physical peaceful possession of the above said premises, the

plaintiff shall suffer irrepairable loss and injury and the suit shall become anfractuous and

would lead to multiplicity of the cases.

5. That the balance of convenience lies in favour of the plaintiff and against the
defendants.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-

a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants,

agents and their representatives from interfering into the peaceful physical possession of the

plaintiff in the above said premises and from dispossessing the applicant/plaintiff from the

same.

b) pass such other and further order(s) as may be deemed fit and proper on the facts and in the

circumstances of this case.

Place: Plaintiff /Applicant

Date: through
Advocate

[NOTE : This Application has to be supported by an affidavit].

*****
 APPLICATION UNDER ORDER XXXIX RULE 2-A
IN THE COURT OF SH.______SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI

IA NO.____________OF 20..

IN

SUIT NO.___________OF 20..

IN THE MATTER OF:

ABC ...PLAINTIFF/APPLICANT

Versus

XYZ …DEFENDANT/RESPONDENT

APPLICATION UNDER ORDER XXXIX RULE 2-A READ WITH SECTION 151 OF

THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

1. That the above noted suit for injunction is pending before this Hon’ble Court and the contents
of the plaint be read as part of this application. The plaintiff/applicant is tenant in suit premises
bearing House No………………, Uttam Nagar, New Delhi and the defendant is landlord of the
same.

2. That on an application U/O 39, R 1 & 2 for interim stay against interference in peaceful
possession of the plaintiff/applicant as well as dispossession from the said premises, without due
process of law was filed by the plaintiff/applicant against the defendant/respondent alongwith the
plaint.
3. That on……..(date) this Hon’ble Court was pleased to grant interim injunction in favour of the
plaintiff/applicant and against the defendant/respondent for not to interfere in the peaceful
possession of the plaintiff/applicant and not to dispossess him without due process of law from
the suit property.

4. That on dt. …………..the defendant/respondent inspite of the service and knowledge of the
above interim injunction orders dt …………., took forcible possession of the suit premises with
the help of anti social elements in utter disregard of the orders of this Hon’ble Court and the
applicant/plaintiff’s household goods were thrown on the roadside.

5. That the defendant/respondent has thus knowingly and willfully disobeyed and violated the
injunction orders issued by this Hon’ble Court on ………… (date) and he is as such guilty of
disobedience of the orders of this Hon’ble Court and has rendered himself liable to be detained in
civil imprisonment and attachment of his property. List of properties is attached.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) take appropriate action U/O 39 R 2-A of the Code of Civil Procedure and other provisions of
law may be taken against the defendant/respondent and his property may be directed to be
attached and he may be directed to be kept in civil imprisonment for the maximum term.

b) direct restoration of the possession of the suit property to the plaintiff/applicant.

c) any other appropriate orders/directions may also be passed as may be deemed fit in the facts
and circumstances of the case in favour of plaintiff/applicant.

Place: Plaintiff /Applicant

Date: through

Advocate

(Note: An affidavit, duly attested by oath commissioner, in support of this application is to be

attached with to this application)

*****
 APPLICATION TO SUE AS AN INDIGENT PERSON

IN THE COURT OF……….., ROHINI COURT (DIST…..), DELHI

SUIT NO…….OF…….

IN THE MATTER OF :

X ___________

S/o _________________

R/o _________, New Delhi …APPLICANT/PLAINTIFF

Versus

Y ___________

S/o _________________

R/o _________, New Delhi

…RESPONDENT/DEFENDANT

APPLICATION UNDER ORDER XXXIII READ WITH SECTION 151 OF THE

CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the applicant has filed the above titled suit which is pending disposal before this

Hon’ble Court.

2. That the contents of the accompanying suit may kindly be read as a part and parcel of

this application which are not repeated here for the sake of brevity.

3. That the applicant is an indigent person and has no movable or immovable property

and has no source of income. Therefore, is unable to pay the requisite amount of court fee
stamp as required by law.
4. That the applicant undertakes to pay the entire court fee if the case is decreed in his favour.

5. That the applicant undertakes to pay the entire court fee if the case is decreed in his

That there are sufficient reasons for the acceptance of the present application and for

granting permission to the applicant to institute the present suit as an indigent person.

PRAYER:

It is therefore most respectfully prayed that the Hon’ble Court may:

a. allowed to sue as an indigent person in the interest of justice.

b. to pass such further orders/directions as it may deem fit and proper.

Date:
Applicant

Place: Through

Advocate

[Note: The petition must be supported by an affidavit].

*****
 SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT
IN THE COURT OF…………….., ROHINI COURT (DIST…….), DELHI

SUIT NO. ………OF………

IN THE MATTER OF :

X ___________

S/o _________________

R/o _________, New Delhi …PLAINTIFF

Versus

Y ___________

S/o _________________

R/o _________, New Delhi …DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a resident of………

2. That the defendant is the absolute owner of the property bearing no…….admeasuring (give
details of the property) (hereinafter referred to as the suit property).

3. That the plaintiff was in need of the property for residential purpose and came to know that the
Defendant is interested in selling the suit property.

4. That the plaintiff approached the defendant for purchasing the suit property on…..(date) and
the plaintiff and the defendant discussed the terms and conditions.

5. That on….(date), the plaintiff and the defendant entered into an agreement in writing whereby
the defendant agreed to sell his property to the plaintiff for Rs……….. The copy of the
agreement is annexed as Annexure A.

6. That the plaintiff paid Rs………to the defendant as earnest money and it was decided that

the balance of Rs……..will be paid on….... and the sale deed will be executed on the possession
of the suit property will be handed over to the plaintiff on the payment of the balance amount.
7. That on……(date), the plaintiff approached the defendant and requested him to execute the
sale deed along with handing over of the possession of the suit property to the plaintiff. However,
the defendant refused to execute the sale deed.

8. That the plaintiff approached the defendant for execution of the sale deed on various occasions
(mention the dates), however, the defendant refused to execute the sale deed on one pretext or the
other.

9. That the plaintiff finally issued a legal notice dated…..(date) to the defendant calling upon the
defendant to perform his part of the agreement by executing the sale deed and handing over the
possession of the suit property to the plaintiff. However, the defendant failed to comply with his
part of the agreement and did not reply to the legal notice.
10. That the plaintiff is ready and willing to perform his part of agreement by paying the balance
amount.

11. That the cause of action arose on…..(date) when the defendant agreed to sell the suit property
to the plaintiff. The cause of action further arose on………….. It further arose……That the
cause of action is still subsisting as the defendant has refused to perform his part of the
agreement.

12. That the suit is within the period of limitation.

13. That this Hon’ble Court has jurisdiction to entertain this suit because the cause of action
arose within the territorial jurisdiction of the court.

14. That the requisite court fees have been paid.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a. pass a decree of specific performance of the agreement in favour of the plaintiff and

against the defendant directing the defendant to execute the sale deed and hand over the

possession of the suit property to the plaintiff,

b. award cost of the suit in favour of the plaintiff and against the defendant; and

c. pass such other and further order(s) as may be deemed fit and proper on the facts and

in the circumstances of this case.

Plaintiff

Place: Through
Date: Advocate

VERIFICATION:

Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the

plaint is true to my knowledge derived from the records of the Plaintiff maintained in the

ordinary course of its business, those of paras …. to 14 are true on information received and

believed to be true and last para is the humble prayer to this Hon’ble Court.
Plaintiff

[NOTE: The above plaint must be supported by an Affidavit]

*****

READ DRAFTS OF
APPEALS AND
AMENDMENT OF
PLEADING AS PER
CLASS NOTES