Smart Notes On Drafting, Pleading and Conveyencing-1

MNF LAW FIRM SMART NOTES 2020
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SMART NOTES ON DRAFTING,

PLEADING AND CONVEYANCING
COMPILED BY
MNF LAW FIRM
Contact us: - mnflawfirm@gmail.com
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ACKNOWLEDGEMENT
Every successful task gives lots of satisfaction. But behind every success lies contribution of
many people and their effort.
We would like to take the opportunity to convey our heartful gratitude to our Content team for
their unconditional work without their effort our dream wouldn't have become a reality.
Our sincere gratitude and indebtedness to all Our Teachers from Department of Law, Assam
University, Silchar for their guidance and Support throughout the B.A.LL.B.(H) Course,
especially Madhumita Dhar Sarkar Ma’am, Rashmi Ranjan Mishra Sir, Partha Pratim
Paul Sir, Umesh Kumar Sir, Amitabh Singh Sir, Madhumita Acharjee Ma’am, Priya
Ranjan Kumar Sir, Kabindra Brijwal Sir, Ponkhi Borah Ma’am, Biswajit Das Sir, Ashish
Ransom Sir, Pompita Paul Ma’am, Dristirupa Patgiri Ma’am ,Sandeep Kumar Suman Sir,
they taught us with much love sincerity and dedication which was not limited to the Law
Syllabus but beyond that they shows us the path through which we can become a Good Human
being and a responsible Citizen of our Motherland.
Also, we would like to thank our Interns for the month of September-October, 2020 for
their tremendous Reserach work Specially, Srishti Trigunayat, Tanvi Garg, Prateek, Aritraa,
Mansi Gugale, Chirayu, Manpreet, Shivani, Manukrishna and Himanshu.
Our Sincere gratitude to all the Authors, Publishers, Web portal we have referred during
Research.
We also would like to Thank our Family, for their Unconditional Support and guidance.
TEAM MNF LAW FIRM
Ahmed Nawaj Laskar ( Founder)
Fakhrul Islam Choudhury (Co- Founder)
Maktadir Hussain Laskar ( Co- Founder)
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ABOUT MNF LAW FIRM

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PREFACE TO THIS VOLUME
This Smart Notes is based on research work done by our team as well as our intern. Our motto
is not to earn money but to make this guide notes easily affordable and accessible for reading and
academic purpose to all. We have followed various sources during the research and preparation
of these guide notes which are mentioned in the references section.
We humbly crave the indulgence of the readers of any error or imperfection which might have,
despite the best possible effort from us in this work. Any constructive suggestions for
improvement of the Smart Notes shall be gratefully welcomed.
We hope this copy will surely help students and professionals in their Academic as well as
Professional Life.
Thank you and regards !
FAKHRUL ISLAM CHOUDHURY AHMED NAWAJ LASKAR
Editor of this Volume Associate Editor of this Volume

Co- Founder at MNF LAW FIRM Founder at MNF LAW FIRM
Place:- MNF LAW FIRM
Date:- 05/10/2020
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CONTENTS
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MODULE I:- INTRODUCTION …………… 13
i) Meaning and definition of Drafting

ii) Importance of Drafting in Legal profession
iii) Rules laid down by E.L Piesse & Gilchrist Smith
iv) General Principles of Drafting
MODULE II:- PLAINT …………….. 15
i) What is Plaint?
ii) Analysis of Order 7 of CPC, 1908
iii) What is the Form the Plaint?
iv) In what circumstances a plaint may be Rejected?
v) Model Format of Plaint
MODULE III:- WRITTEN STATEMENT …………….. 23
i) What is meant by Written Statement?

ii) Who can file Written Statement?
iii) Time limit for Filing a Written Statement?
iv) Concept Set off & Counter Claim
v) Defences in Written Statement
vi) Model Format of Written Statement
MODULE IV:- INTERLOCUTORY APPLICATION ………….. 30
i) Introduction
ii) Drafting of Interlocutory Applications
iii) Examples of Interlocutory Application Provided under Code of Civil Procedure,1908
iv) Enquiries & Order in Interlocutory Application
a) Temporary Injunction
b) Attachment before Judgment
c) Appointment of Commissioner
d) Appointment of Receiver
v) Model Format of Interlocutory Application
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MODULE V:- PARTNERSHIP DEED ……………….. 41
i) Definition
ii) Salient features of a Partnership Deed
iii) Relevant Provision as per Law
iv) Model Format of Partnership Deed
MODULE VI:- SALE DEED ………………… 51
i) Definition of Sale
ii) Salient features of sale Deed
iii) Rights & Duties of Buyers and Seller
iv) Model Format of Sale Deed
MODULE VII:- LEASE DEED …………………. 56
i)Introduction
ii) Essentials of the Lease
iii) Kinds of Lease
iv) Circumstances on which a Lease can be Terminated
v) Model Format of Lease Deed
MODULE VIII:- AFFIDAVIT ……………….. 61
i)Meaning of Affidavit
ii) Essential Features of an Affidavit
iii) Types of Affidavit
iv) Evidentiary value of an Affidavit
v) Model Format of Affidavit
MODULE IX:- COMPLAINT …………………. 68
i) What does Complaint mean?

ii) Essentials of Complaint
iii) Distinguish between Complaint and FIR
iv) Model Format of a Complaint
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MODULE X:- BAIL IN NON-BAILABLE CASES ……………… 73
i) Definition of Bail
ii) Object of Bail
iii) Analysis of Section 437 of Cr.Pc
iv) Analysis of 439 of Cr.P.C.
v) Who is empowered to Grant Bail in non- bailable Cases?
vi) Can Bail be granted if the Offices is grave & heinous Offences
vii) Model Format of Bail application
MODULE XI:- ANTICIPATORY BAIL ……………….. 88
i) Meaning of anticipatory Bail

ii) Why there is need for anticipatory Bail
iii) Direction of Grant of Bail to Person Apprehending arrest
under Section 438 of Cr.P.C.
iv) Who can apply for anticipatory Bail?
v) Model Format of Anticipatory Bail
MODULE XII:- PUBLIC INTEREST LITIGATION ………………. 93
i)Concept of PIL
ii) Objective of PIL
iii) Guideline laid down by Hon’ble Supreme Court for filing PIL
iv) Model Format of PIL
MODULE XIII:- SPECIAL LEAVE PETITION ………………. 99
i)Concept of Special Leave Petition

ii) Provision for SLP under Indian Constitution
iii) When Special Leave Petition can be filed?
iv) Model Format of Special Leave Petition
MODULE XIV:- WRIT PETITION ………………. 105
i) An analysis of Article 32 of the Constitution of India

ii) An analysis of Article 226 of the Constitution of India
iii) What are the forms of Writ?
iv) Model Format of Writ Petition.
MODULE XV:- NOTICE ………………. 114
i) What do mean by Notice?

ii) Types of Notice
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iii) Model Format of notice Under Section 138 of Negotiable Instrument Act,1881
iv) Model Format of notice Under Section 80 of Code of Civil Procedure, 1908
MODULE XVI:- EXECUTION PETITION ……………… 120
i) What is an Execution ?
ii) Legal Provisions Under Code of Civil Procedure, 1908
iii) Classification of Sections 36 to 74 of C.P.C. 1908
 Execution
 Courts by which Decrees may be Executed
 Comment
 Questions to be Determined by court Executing Decree
 Limit of time for Execution
 Transferees and legal Representatives
 Procedure in Execution
 Arrest and Detention
 Attachment
 Sale
 Delegation to Collector of Power to Execute decrees against Immovable Property
 Distribution of Assets
 Resistance to Execution
iv) Classification of Order XXI
 Payment under a Decree
 Courts executing Decrees
 Application for Execution
 Process of Execution
 Mode of Execution
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 Arrest and Detention in the Civil Prison
 Attachment of Property
 Adjudication of Claims and Objections
 Sale Generally
 Sale of Movable Property
 Sale of Immovable Property
 Resistance to Delivery of Possession to Decree-Holder or Purchaser
v) Model Format of Execution Petition
MODULE XVII:- FIRST APPEAL UNDER C.P.C., 1908 …………….. 146
i) Meaning of appeal
ii) Right to appeal
iii) One right to appeal
iv) First appeal
v) Second appeal
vi) Who may appeal?
vii) Who cannot appeal?
viii) The appeal against ex parte decree
ix) No appeal against consent decree
x) No appeal in petty cases
xi) The appeal against a dead person
xii) Forum of appeal
xiii) Duties of an appellate court
xiv) Model Format of First Appeal
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TABLE OF CASES
State of Bombay v. Purushottam Jog Naik, AIR 1952 SC 317

Virendra Kumar Saklecha v. Jagjiwan and other (1972) 1 SCC 826]
M/s Sukhwinder Pal Bipan Kumar and others v. State of Punjab and others [(1982) 1 SCC 31]
Jamini Mullick v. Emperor 1908 ILR 36 Cal 174).
Moti Ram v. State of Madhya Pradesh 1978 CrLJ 1703.
Chintamani Tripathi v. State of UP 1991 CrLJ 1662,
Chandrawati v. State of UP 1992 CrLJ 3634.
Brijesh Singh v. State of Karnataka 2002 CrLJ 1362
Kalyan Chandra Sarkar v. Rajesh Ranjan ( 2004) 7 SCC 528,
P. Chidambaram v. Directorate of Enforcement 2019 SCC Online SC 1549,
Samrat Singh Nirula &Ors. V. State of NCT of Delhi, 2015 SCC Online Del 9486
Santosh v. State of Maharashtra 2017 9 SCC 714
Kashmira Singh v. Duman Singh AIR 1996 SC 2176).
Dataram Singh v. State of UP and Anr 2018 3 SCC 22
Gurcharan Singh v. State [1978 SC]
State of Orissa v. Mahimananda Mishra, SC 308, 2003
Iftikhar Ahmed v. Syed Meherban Ali, AIR 1974 SC 749
Hanmant Rukhmanji v. Annaji Hanmant,(1913) 15BOMLR 765
State of Madras v. Madurai Mills Co Ltd., 1967 air 681
Dayawati v. Inderjit, AIR 1966 SC 1423,
Garikapatti Veeraya v. N. Subbiah Choudhury, 1957 AIR 540,
Subbanna v. Subbanna, AIR 1965 SC 1325,
Bahori v. Vidya Ram, AIR 1978 All 299
Ramachandra Agarwal vs. State of U. P and another AIR 1966 SC 1888,
Manthrala Chandrakala vs. Mandan Janakiram Singh (2004) 5 ALD 156)
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Gunnam Venkateswara Rao vs. Vanaja Kumari (2004) 4 ALD 786
Rabiya Bi Kassim M v. The Country-Wide Consumer Financial Service Ltd 2004 (4) KLJ 189
Arjun Singh v. Mohindra Kumar 1964 SCR (5) 946
North Eastern Railway Administration, Gorakhpur v. Bhagwan Das, (2008) 8 SCC 511
Pirgonda Hongonda Patil v. Kalgonda Shidgonda Patil, 1957 AIR 363
Rajesh Kumar Aggarwal & Ors. Vs. K.K. Modi & Ors. (2006) 4 SCC
Union of India vs. Amrik Singh, AIR 1963 Punj. 104
Nandan Pictures Ltd., vs. Art Pictures Ltd., AIR 1956 Cal 428)
Rajendran vs. Shankar Sundaram, AIR 2008 SC 1170)
D.V.Krishnamurthy vs. P.Viswanadh, AIR 1994 AP 43)
Uco Bank, Madras vs. Sukra Shoe Fabric and others, AIR 192 Mad. 293)
Sarala Jain and others vs. Sangu Gangadhar and others (2016 (3) ALT 132)
Mohammed Jaffer Abdul Qadeer Qureshi vs. Aziz-ur-Rehman Qureshi and others, 2016 (3) ALT 477)
Webb v. McPherson 1904, 31 Cal. 57.
Amar Chand vs. Union of India AIR 1973 SC 313
ONGC Ltd. vs. Modern Construction and Company (2014) 1 SCC 648
Radhakishen vs. Wali Mohammed AIR 1956 Hyd. 133
Arivandanam vs. T.V. Satyapal 1997 4 SCC 467
Kalepur Pala Subrahmanyam vs. Tiguti Venkata AIR 1971 AP 313
Sopan Sukhdeo Sable & Ors. vs. Assistant Charity Commissioner (2004) 3 SCC 137
Bibhas Mohan Mukherjee vs. Hari Charan Banerjee AIR 1961 Cal 491
K. Roja vs U.S. Rayu (2016) 14 SCC 275
Kuldeep Singh Pathania vs Bikram Singh Jaryal (2017) 5 SCC 345
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MODULE- I
Introduction
MEANING AND DEFINITION OF DRAFTING
Drafting is a primary stage of writing which need skill and also command over the language it
includes writing of document,deeds,Instruments,brief etc. For a good and strong drafting One
should choose the appropriate words & Phrase with clarity and all the facts should be written in
suitable order and words used should convey the true meaning of fact which can be easily
understandable.
IMPORTANCE OF DRAFTING IN LEGAL PROFESSION
We cannot limit the importance of drafting as there is huge impact of drafting in legal
profession, it is like a base and foundation on which a matter established. A good piece of
drafting bring weightage to the matter or document. Drafting skill ensure that the document is
structured properly. Writing is at the heart of the legal Profession. The poor drafting of a lawyer
is may reflects in their career, they won’t be get the relief which was claimed if the drafting is
poor and did not reflect the case. This may ruin their career as a lawyer as well the firm where
he/she is working.
RULES LAID DOWN BY E.L. PISSE AND GILCHRIST SMITH
1) While drafting a draftsman should conceive the whole case in his mind.
2) Nothing is to be omitted or admitted at random.
3) The order of the draft should be strictly logical.
4) The Ordinary and accustomed forms of instruments, the technical language should not be
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employed or used.
5) Legal language should be, to the utmost possible extent, Precise in that way.
6) The draft must be readily intelligible to layman.
GENERAL PRINCIPLES OF DRAFTING
1) The material fact and necessary fact should be used and unnecessary words and Immaterial
statement should be avoided in draft, it must convey the message for which it is prepared.
2) There must be absolute clarity in writing is required not only in sentences, but in the over all
presentation, it must be relevant to the subject matter.
3) While making the draft the draftsman should make the document free from ambiguity and
Vagueness.
4) The writing should be free from all deficiencies and ensure completeness, the material and
necessary portion should not be left out.
5) The writing should be precise, thing should be accurate and free from grammatical mistakes,
spellings, punctuation etc. Should be taken care of
6) The writing should be logical and contain and express logical meaning, Clause and
paragraphs should be relatable to each other, word and phrase should be used with an intention
that it should not create any confusion.
7) Important things relating to the documents should be defined, One chapter can be added for
definition purpose.
8) While drafting the draftsman should have a clear and farm thinking about the matter, the
writer should conceive clear idea about the things so that he or she can express in clear and
smooth way.
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MODULE- II
Plaint
*By:- Prateek Srivastav
Of Babu Banarsi Das University, Lucknow
Intern at MNF Law Firm
WHAT IS A PLAINT
In simple terms, a plaint can be attributed as a legal document which contains the content of a
civil suit determining the claim of the plaintiff after filing the suit. It provides the idea of what
the plaintiff wants from the suit.
Order VII of the Civil Procedure Code, 1908 specifies the subject plaint. Order VII should be
read along with Section 26 of the Code of Civil Procedure which entails “Institution of suits” by
providing that “every suit shall be instituted by the presentation of a plaint or in such other
manner as may be prescribed.” This can be clearly noted from the section that for the initiation of
a suit before the civil or commercial court a plaint is very necessary.
Order IV of CPC, 1908 also defines in Rule 1 that “every suit shall be instituted by presenting a
plaint in duplicate to the court or such officer as it appoints in this behalf. Further, it also states
that every plaint shall comply with the rules contained in Order VI and VII, so far as they are
applicable. It also points out further that the plaint shall not be deemed to be duly instituted
unless it complies with the requirements specified in sub-rules (1) and (2).”
Rule 1 of Order VI of the Civil Procedure Code, 1908 also defines pleading as a plaint or a
written statement.
Therefore, these rules point out that the plaint is a must for the institution or the establishment of
any suit.
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ANALYSIS OF ORDER VII (PLAINT) OF THE CIVIL PROCEDURE CODE, 1908
Under this order there are many rules differently dealing with different constituents of plaint.
These are:
1. Rules 1 to 8 dealing specifically with the particulars of a plaint.

2. Rule 9 deals with the procedure of the admission of the plaint.
3. Rule 10 to 10-B entails about the method of return of the plaint and also about the
appearance of the parties.
4. Rules 11 to 13 can be said as the main rules of the order defining the rejection the plaint
by detailing the circumstances under which the plaint can be rejected by the court.
5. Rule 14 specifies the production of document on which the plaintiff sues or relies upon.
6. Rule 16 provides the details regarding suits on negotiable instruments.
7. Rule 17 describes method about the production of shop-book, original entry to be marked
and returned.
 What are the particulars of a plaint?
A plaint is defined as a legal document containing various contents necessary without which a
plaint cannot be considered. The necessary contents are mentioned under Rules 1 to 8 of Order
VII of the Code of Civil Procedure which are as follows:
1. Rule 1 (a) states that the plaint shall contain the name of the court either commercial or
civil court in which the suit is brought.
2. Rule 1(b) highlights that the plaint shall contain the name, description and place of
residence of the plaintiff.
3. Rule 1 (c) states that the plaint shall also contain the name, description and place of
residence of the defendant to the extent they can be ascertained.
4. Rule 1 (d) provides that the plaint shall contain a statement about the unsoundness of
mind or minority in the case where either the plaintiff or defendant is of such category.
5. Rule 1 (e) provides that the plaint shall contain the facts that constitute the cause of action
and the details regarding where the cause of action arises.
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6. Rule 1 (f) provides that the plaint shall contain the facts detailing that the court has the
jurisdiction to entertain that suit.
7. Rule 1 (g) provides for the relief that is claimed by the plaintiff from the court.
8. Rule 1 (h) provides that the plaint shall also contain that amount allowed to the plaintiff
when he is ready to set-off a portion of his claim.
9. Rule 1 (i) provides that the plaint shall contain a statement of the value of the whole
subject matter of the suit for the purposes of both jurisdiction as well as court fees.
WHAT IS THE FORM OE THE PLAINT?
The form of the plaint can be ascertained by dividing the particulars of the plaint in three parts
which are heading and titles followed by the body of the plaint and at last the relief claimed by
the plaintiff(s) which is discussed below:
1. Title and Heading

a. Name of the Court concerned
b. Name of the parties to the suit
2. Description of the title of the suit
3. Body of the Plaint
4. Relief Claimed by the Plaintiff
5. Verification and Signature in the Plaint
6. Jurisdiction of the Court.
IN WHAT CIRCUMSTANCES A PLAINT MAY BE REJECTED
Rejection of plaint can be understood by Order VII Rule 1 which prescribes the basic particulars
of a plaint which cannot be missed by the pleaders and if, any of the content or all of the
particulars are missing then the plaint is liable to be rejected by the court and the plaintiff will
need to resubmit it after making the required modifications in the plaint.
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Circumstances when a plaint can be rejected:
1. Where plaint does not disclose cause of action.
2. Where relief claimed is undervalued.
3. Where plaint is insufficient stamped.
4. Where suit is barred by law.
5. Where plaint is not in duplicate.
6. Where there is non-compliance with statutory provisions.
Some Additional Grounds of Rejection:
Various judicial decisions also highlight the additional conditions apart from Rule 11 which are
ascertained from them:-
Case: Radhakishen vs. Wali Mohammed AIR 1956 Hyd. 133
In this case, the court had allowed the rejection of the plaint by the senior civil court because of
the reason that the person was not the authorized signatory whose signature was present in the
plaint. The court decided to allow the amendment within 7 days but the plaintiff failed to comply
with the order and hence, the plaint was rejected.
Case: Arivandanam vs. T.V. Satyapal 1997 4 SCC 467
Another landmark judgment in the rejection of the plaint was given in this case where the court
held that it is necessary to understand the intention of the plaint from the words mentioned in it
and if the plaint is either infuriating and also the court finds it that the plaint is filed with a
malicious intent so as to cause damage to the defendant and lacks merit, it can also be a valid
rejection ground.
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Learning drafting of the Plaint
Drafting is considered the most important thing in order to file a suit by drafting on any of the
issue and in this model plaint the plaint is drafted for specific performance of the contract by the
resident of Chinhat, Lucknow that leads to the problem to the plaintiff because of the defendant
ready to sell the house to the third person even after the plaintiff had made advance to the
defendant and is willing to pay the remaining amount as well.
MODEL FORMAT OF A PLAINT
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IN THE COURT OF CIVIL JUDGE (SR. DIVISION), CUCHAR
Suit No. _______ Of 2020
(Space for Court Fees)
Chandro Ming, aged about 35 years

S/o Ulaika Ming
R/o 005, Near SBI ATM, Cuchur P.S. Lamkipar
Phone No. 9999999999
--------------PLAINTIFF
VERSUS
Mitankba Yum, aged about 48 years

S/o Latung Yum
R/o 001, Indira Nagar, Cuchur P.S. Lamkipar
-----------DEFENDANT
SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT
The plaintiff most respectfully Showeth as under:
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1. That the defendant is the owner of the house of in possession at House No. 001, Cuchur
P.S. Lamkipar
2. That the defendant has agreed to sell the House No. 001, Cuchur P.S. Lamkipar to the
plaintiff against the cost of Rs. 30,00,000/- (Rupees Thirty Lakhs Only) and on 10-03-20
received Rs. 10,00,000/- (Rupees Ten Lakhs Only) as an advance from plaintiff.
3. That it was agreed between the parties that the plaintiff will pay the outstanding
amount within 6 months and thereafter, defendant will execute the sale deed in favour
of the plaintiff. An agreement to this effect was also executed between the parties and
was duly signed on 10-03-20.
4. That the plaintiff arranged the outstanding amount of Rs. 10,00,000/- (Rupees Ten
Lakhs Only) in the prescribed time period of 6 months and presented its bank draft
before the defendant and requested the defendant for execution of the sale deed. But the
defendant did not execute the deed for certain personal reasons.
5. That the plaintiff has come to know that some other person has offered a better amount
of the house in question to the defendant, as such the defendant has been postponing the
execution of sale deed in favour of the plaintiff in one pretext or the another.
6. That the plaintiff has always been ready and willing to perform his part of contract but
the defendant for malafide reasons was not executing the sale deed in favour of the
plaintiff.
7. That since the execution and registration of agreement that is 10-03-20 the plaintiff has
made several requests to the defendant to receive the outstanding amount of Rs. 20,
00,000/-(Rupees Ten Lakhs only) and to execute the sale deed in question. The last
request was made by the plaintiff in this regard on 14-06-20 but the defendant refused
to exercise the sale deed in favour of the plaintiff.
8. That the cause of action from the instant case arose on 10-03-20 when the agreement of
the sale was executed and registered and subsequently on 17-08-20 when the defendant
finally refused to execute the sale deed in favour of the plaintiff.
9. That the said suit falls within the jurisdiction of this Hon’ble Court.
10. That the valuation of the sale deed is Rs. 30, 00,000/- (Rupees Twenty Lakhs Only) on
which Court fees of Rs. _________ is to be paid.
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PRAYER
That the plaintiff prays for the following relief:-
i. That this Hon’ble Court may be pleased to pass a decree for specific performance of
contract in favour of the plaintiff against the defendant directing the defendant to
receive the outstanding amount of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) from
the plaintiff and to execute the said sale deed.
ii. That the cost of the suit may kindly be awarded and directed to be given in favour of
the plaintiff.
iii. That any other relief that may be deemed fit and proper in the circumstances of the
case in favour of the plaintiff to be kindly awarded.
Place: Cuchur
Signature
Date: 26/09/2020
(Chandro Ming)
VERIFICATION
I, Chandro Ming, the above named plaintiff, do hereby, verify that the contents of Para 1 to
7 are to be correct to my knowledge and the contents of Para 8 to 10 are believed to be true
and correct as per the advice or knowledge given by the counsel.
Place: Cuchur
Signature of the Plaintiff
Date: 22/09/2020
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MODULE- III
Written Statement
*By:- Chirayu Mehta
Of Prestige Institute of Management &
Research (Department of Law)
Inter at MNF Law Firm
When a plaintiff files a plaint raising allegations against a defendant, the defendant’s
reply to these allegations in writing is known as Written Statement. In the written statement,
the defendant must specifically deny all allegations made against him by the plaintiff in the
plaint. Code of Civil Procedure, 1908 contains the rules regarding the written statement.
WHAT IS MEANT BY WRITTEN STATEMENT
The term “written statement” has not been defined in this code. It signifies the reply to the
plaint filed by plaintiff. It is the pleading of defendant against the allegations made by plaintiff
wherein he denies/accepts the allegations made and states new facts which favour him or take
legal objections against plaintiff’s claims.
WHO CAN FILE A WRITTEN STATEMENT?
 A written statement can be filed by the defendant or his duly authorized agent.
 In case there are more than one defendant, there can be a common written statement
signed by all.
It is also sufficient that the written statement is verified by one of the defendants who is well
aware of all facts and can file an affidavit. But if independent written statements are filed by the
defendants, written statement of one does not binds others.
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TIME LIMIT FOR FILING WRITTEN STATEMENT
A written statement may be filed within 30 days from the service of summons to the defendant.
The said period can also be extended to 90 days.
CONCEPT OF SET OFF AND COUNTER CLAIM
SET OFF:- The concept of Set off is given under Order 8 Rule 6 of the C.P.C., where in a suit
for recovery of money by the plaintiff, the defendant finds that he has also a claim of some
amount against the plaintiff, he can claim a st-off in respect of the said amount.
COUNTER CLAIM:- The concept of Counter Claim is given under Order 8 Rules 6A to 6G.
The counter claim is the claims of the defendants other than the set off. It is a type of cross case
where the plaintiff has to file a written statement for the counter claim by the defendant.
DEFENCES IN WRITTEN STATEMENT
The defendant can specifically deny the allegations made in the plaint against him by the
plaintiff. Also, he can claim to set off any sums of money payable by the plaintiff relating to the
matter in the issue raised in the plaint, he can separately file a counter claim along with his
written statement.
Rules of defence
Rules 1-5 and 7-10 contain particulars of a written statement.
Rules 2-5 and 7-10 deal with special rules of filing a written statement. Which are:
1. The defendant must raise by his pleading all matters which show the suit not be maintainable,
or that the transaction is either void or voidable in point of law, and all such grounds of defence
as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of
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fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment,
performance, or facts showing illegality.
2. It shall not be sufficient for a defendant in his written statement to deny generally the grounds
alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of
which he does not admit the truth, except damages.
3. Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but
answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it
shall not be sufficient to deny that he received that particular amount, but he must deny that he
received that sum or any part thereof, or else set out how much he received. And if an allegation
is made with diverse circumstances, it shall not be sufficient to deny it along with those
circumstances.
4. Where every allegation or fact in a plaint is not denied specifically, or by necessary

implication, except under disability, the court may require to proof such fact otherwise than by
such admission.
5. If the defendant fails to present written statement within limitation period, the court may
pronounce judgement against him or pass any order in relation to the suit as it deems fit.
6. No pleading after written statement of the defendant other than by way of defence to set-off or
counterclaim can be filed.
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MODEL FORMAT OF WRITTEN STATEMENT
BRIEF FACTS OF THE CASE:
• It is submitted that the Defendant having an acquaintance with the plaintiff approached him and
requested to advance a hand loan of Rs.1,50,000/- (Rupees One Lakh fifty thousand only) to
meet his son’s college admission expenses. The Defendant also proposed to execute a
Promissory Note for the said amount and with a simple interest @ 7% p.a. Due to that
acquaintance, the Plaintiff agreed for the same and thus, the defendant has borrowed a sum of
Rs.1,50,000/- as hand loan on 31st May, 2019 from the Plaintiff at the Plaintiff’s home situated
at Dispangree and executed a Promissory Note for the said amount in favour of the Plaintiff and
promised to repay the said hand loan within a period of 1 years from the date of execution of the
promissory note. It is respectfully submitted that in spite of repeated oral demands made by the
Plaintiff, the Defendant did not bother to repay the said hand Loan amount.
• The Plaintiff having vexed with the conduct of the Defendant avoiding the repayment, got
issued a legal notice to the Defendant on 1st June, 2020 through his Counsel by way of Regd.
Post with Acknowledgement due as well as UCP, to his Residence. The Defendant received the
same but did not reply.
• Rs.1,50,000/- (Rupees One lakhs Fifty Thousand only) as hand loan and having executed the
promissory note is bound to repay the same to the Plaintiff who is entitled for interest on the suit
amount from the date of demand i.e. 31st May, 2020 till realisation @ 7% p.a. As the Defendant
is avoiding payment, the Plaintiff has left with no option except to approach this Hon’ble Court
by way of this suit. In view of the above said facts, the Plaintiff is entitled to sue the defendant.
•The Plaintiff submits that the Defendant is liable. The Plaintiff submits that the Defendant
having borrowed the amount of
•To pay the following outstanding amount:
a) Promissory Note Amount: 1,50,000.00
b) Interest on 1,50,000 @ 7% p.a. From 31.05.2019 as on date filing of the suit Rs 21,430.00
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Therefore, the Defendant has to pay a total sum of Rs.1,71,430/- (Rupees One lakh Seventy one
thousand four hundred Only) to the Plaintiff as on the date of filing of the present suit. Hence,
this suit.
SPECIMEN OF A WRITTEN STATEMENT
IN THE COURT OF THE MUNSIFF COURT , SALCHAR, CUCHUR.

O.S. No. __00__of 2020
Chandro Ming, aged about 35 years

S/o Ulaika Ming
R/o 005, Near SBI ATM, Cuchur P.S. Lamkipar
Phone No. 9999999999
--------------PLAINTIFF
VERSUS
Mitankba Yum, aged about 48 years

S/o Latung Yum
R/o 001, Indira Nagar, Cuchur P.S. Lamkipar
Phone No. 9999999999 ….………… DEFENDANT
WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RL.1,

C.P.C.
1. It is submitted that the defendant has gone through the averments made in the plaint
and affidavit filed in support of the plaint. The averments, which are not specifically
admitted, are denied. The Plaintiff is put to strict proof of the same. Most of the averments
are not correct and false and the suit is not maintainable.
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2. In reply to Para III (1) of the plaint, it is submitted that I have no acquaintance with the
plaintiff and did not approach at any point of time for hand loan to meet my son’s college
admission expenses and executed promissory note in favour of the plaintiff. Hence, there is
no question of taking hand loan from the plaintiff and execution of promissory note in
favour of the plaintiff.
3. In reply to paragraph III (2) of the plaint, it is submitted that the notice issued by the
plaintiff was received by me on 1st August 2020 the contents of the notice are vague and
false. Since I did not approach the plaintiff for any hand loan and executed promissory
note, I did not choose to reply the notice. Hence, the allegations in the notice are denied.
4. In reply to paragraph III (3) of the plaint, it is submitted that I did not borrow any
amount from the plaintiff and executed promissory note in favour of him. The allegation of
the plaintiff is false and I need not bound to pay any amount to the plaintiff. It is not
correct to say that I have borrowed a sum of Rs.1,50,000/- from the plaintiff and executed a
promissory note in favour of him.
5. In reply to Para III (4) of the plaint, it is submitted that since there is no amount is
borrowed from the plaintiff and executed pro-note, the figures of outstanding stated
therein is false and fabricated one.
6. It is submitted that I have never approached the plaintiff for any amount said to have
been borrowed by me and executed pro-note. Since we reside in the same street and due to
rivalry between our two families regarding some disputes relating to colony problems, the
plaintiff has fabricated the pro-note and filed the present suit alleging that I have borrowed
a sum of Rs.1,50,000/- from plaintiff and executed a pro-note. The plaintiff is trying to
mislead this Hon’ble Court and made false allegations in the plaint.
7. The other allegations of the plaint which are not specifically admitted herein are denied.
The plaintiff is put to strict proof of the same. Hence, it is prayed that this Hon’ble Court
may be pleased to dismiss the suit with costs.
Counsel for the Defendant
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VERIFICATION
I, Mitankba Yum, aged about 48 years S/o Latung Yum, do hereby declare that the facts
stated in paragraphs 1 to 7 are true and correct to the best of my knowledge, information
and belief and I believe the same to be true and correct. Hence, verified on this the 31st day
of September, 2020 at Cuchar.
Defendant
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MODULE -IV
Interlocutory Applications
*By:- Srishti Trigunayat
Of ICFAI University, Jaipur
INTRODUCTION
The Civil Rules of Practice and Circular Orders,1980 Rule 2(J) defines :
“Interlocutory application” means an application to the Court in any suit, appeal or proceeding
already instituted in such Court, other than a proceeding for execution of a decree or order. The
orders which are passed in those applications are called as interlocutory orders.
There is no specific definition in Civil Procedure Code,1908 to this phrase ‘Interlocutory

application’. Rules 53 to 60 deal with Interlocutory Proceedings. The provision dealing with the
incidental proceedings is contained under part III Of the code of civil procedure. But such
applications are moved under various provisions of the Code of civil procedure, 1908 which
include applications for appointment of Commissioner, Temporary Injunctions, Receivers,
payment into court, security for cause, and etc. In fact, there are in total of 382 different
nomenclature of interlocutory applications, as provided on the Hon’ble Supreme court’s website.
Sec 141 of CPC provides, that the procedure provided in the Code of Civil Procedure, in regard
to suit shall be followed, as far as it can be made applicable, in all proceedings in any court of
civil jurisdiction, therefore the procedure with regard to such applications is the same as that of
original suit, in matters like recording of evidence, examining witnesses etc.
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Moreover, interlocutory applications usually require the responding party to provide
an affidavit to ensure they are providing accurate and truthful information. You may also be able
to object to responding to them, depending on the nature of the application. Otherwise the
application will be clear of what you need to do to respond to an interlocutory application.
DRAFTING OF INTERLOCUTORY APPLICATIONS
The grounds on which application is moved should to the extent possible be stated in the words
of the law under which the application is fitted. For example, in an application for setting aside
an expert decree against the defendant, the defendant should say that "the summon was not duly
served" or that "the defendant was prevented by any sufficient cause from appearing when the
suit was called on for the hearing". It is not advisable to employ a language different from the
law under which the application is made. Like a plaint every application should have a heading
and a title. The name of the Court should be given at the top and thereafter should follow the
name of the applicant and the opposite party. When the application is moved in connection with
a suit or proceeding, the number and the cause title of that suit or proceeding alone should be
given after the name of the court. The body of the application should be either in the form of
petition or it may be written like plaint.
It is not absolutely necessary that the law under which the application is filed should be given.
Like pleadings facts in the application should be stated in brief and concise language. The
application should be divided into paragraphs and one paragraph as far as possible should narrate
one allegation except where two or more allegations are so connected with each other that it is
better to give them in one paragraph. With some application , affidavits are filed and if in such
cases the facts are too long things need not be narrated in the application. The application should
end with a prayer. After prayer, should follow the signature of the applicant where law requires
the verification, the application should also be verified.
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EXAMPLES OF INTERLOCUTORY APPLICATIONS PROVIDED

UNDER CODE OF CIVIL PROCEDURE, 1908
a) Application under order 6 Rule 17 CPC for amendment,

b) Application under section 95 CPC for compensation for arrest or attachment before
judgment on insufficient grounds.
c) Application under sec. 144 for restitution.
d) Application under sec. 151,
e) Application under sec. 152 for amendment of judgments, decrees or orders,
f) Application under order IX Rule4 for setting aside an order dismissing a suit for default
of the parties,
g) Application under order IX Rule 9 CPC for setting aside and order dismissing a suit for
plaintiff's default,
h) Application under order IX Rule I, for leave to deliver interrogatories,
i) Objections under sec. 47 or sec.60,
j) Objections under order XXI Rule 58, or order XXI Rule 89, 90, 91, or order XXI, Rule
98,
k) Substitution applications under order XXII CPC.,
l) Application under order XXVIII Rule 1 or Rule 5,
m) Applications under order 39 For an interim injunctions, application under order XL, for
appointment of receiver,
n) Application under order XLVII for review.
ENQUIRIES AND ORDERS IN INTERLOCUTORY APPLICATIONS:
Temporary injunctions, Attachment before Judgments, Appointment of Commissioners and

Receivers.
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a) TEMPORARY INJUNCTIONS :
A temporary injunction restrains a party temporarily from doing the specified act and can be
granted only until the disposal of the suit or until the further orders of the court. It is
regulated by the provisions of Order 39 of the CPC and may be granted at any stage of the
suit.
ORDER 39 RULE 1 :
Temporary injunctions may be granted by a court in the following cases :
 Where any property in dispute in a suit is in danger of being alienated, damaged or wasted by
any party to the suit.
 Where the defendant threatens or intends to remove or dispose off his property with a view to
defrauding his creditors.
 Where the defendant threatens to dispose the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit or proceedings.
 Where the defendant is about to commit a breach of contract or other injury of any kind.
 Where the court is of the opinion that in the interest of justice it is so required.
PRINCIPLES :
The power to grant temporary injunctions is at the discretion of the court. This discretion
however should be exercised reasonably, judiciously and on sound legal principles. Before
granting the injunction the court must be satisfied about these aspects :
i. Prima Facie case

ii. Irreparable injury
iii. Balance of convenience
iv. Other factors
CASE LAWS ON TEMPORARY INJUNCTION :
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 Courts generally issue injunctions where the right sought to be protected is clear and not
where it is doubtful. (Union of India vs. Amrik Singh AIR 1963 Punj. 104)
 A temporary injunction cannot be granted to establish a new state of things differing from the
state of things which existed on the date when proceedings were instituted. (Nandan Pictures
Ltd., vs. Art Pictures Ltd. AIR 1956 Cal 428)
b) ATTACHMENT BEFORE JUDGEMENTS :
(Order 38 Rule 5 of Code Civil Procedure deals with attachment before judgments)
Order 38 Rule 5: Where defendant may be called upon to furnish security for production of
property –
1. Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the
defendant, with intent to obstruct or delay the execution of any decree that may be passed
against him, -
a) is about to dispose of the whole or any part of his property, or
b) is about to remove the whole or any part of his property from the local limits of the
jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by
it, either to furnish security, in such sum as may be specified in the order, to produce and
place at the disposal of the Court, when required, the said property or the value of the
same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and
show cause why he should not furnish security.
2. The plaintiff shall, unless the Court otherwise directs, specify the property required to be
attached and the estimated value thereof.
3. The Court may also in the order direct the conditional attachment of the whole or any
portion of the property so specified.
4. If an order of attachment is made without complying with the provisions of sub-rule (1)
of this rule, such attachment shall be void.
FEW CASE LAWS ON ATTACHMENT BEFORE JUDGMENTS:
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1. Court while exercising its jurisdiction under Order XXXVIII, Rule 5 of CPC is required
to form a prima facie opinion at that stage. (Rajendran vs. Shankar Sundaram AIR 2008
SC 1170)
2. In a suit against a partnership firm and its partners, even the personal property of any of
the partners can be attached before the judgment. (D.V.Krishnamurthy vs. P.Viswanadh
AIR 1994 AP 43)
3. Attachment before judgment, to be ordered on reasonable grounds, and not on mere
conjectures and imaginations. For passing of an order thereunder, requisite intention of
the defendant has to be proved. (Uco Bank, Madras vs. Sukra Shoe Fabric and others AIR
192 Mad. 293)
c) APPOINTMENT OF COMMISSIONERS :
Order 26 of Civil Procedure Code deals with:-
1. Commissions to Examine Witnesses (O.26-R.1 to R.8 CPC)

2. Commissions for local investigations (O.26-R.9 and R.10 CPC)
3. Commissions for scientific investigation, performance of ministerial act and sale of
moveable property (O. 26-R.10A, R.10B, R.10C CPC)
4. Commissions to examine accounts (O.26-R.11 and R.12 CPC)
5. Commissions to make partitions (O.26-R.13 CPC)
6. Commissions issued at the instance of foreign Tribunals (O.26-R.19 to R.22 CPC)
CASE LAWS ON APPOINTMENT OF COMMISSIONERS:-
In the case of Sarala Jain and others vs. Sangu Gangadhar and others [2016 (3) ALT 132], it was
held that to appoint an advocate commissioner, Court has to keep in mind the following:
1. Total pleadings of both parties;

2. Relief claimed in suit;
3. Appointment of advocate commissioner for specific purpose at interlocutory stage shall
not amount to grant pre-trial decree; and
4. Necessity to appoint advocate commissioner to decide real controversy between parties.
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In the case of Mohammed Jaffer Abdul Qadeer Qureshi vs. Aziz-ur-Rehman Qureshi and others
[2016 (3) ALT 477] , it was held that that It cannot be laid down as a rule of thumb that in no suit
for perpetual injunction, an Advocate Commissioner can be appointed – However, a
Commissioner cannot be appointed to find out as to who amongst the parties is in possession of
the property as it is a judical function.
d) APPOINTMENT OF RECEIVERS :
Order XL of the C.P.C deals with Appointment of Receivers
Appointment of receivers:-
1) Where it appears to the Court to be just and convenient, the Court may by order,
a) appoint a receiver of any property, whether before or after decree;
b) remove any person from the possession or custody of the property;
c) commit the same to the possession, custody or management of the receiver; and
d) confer upon the receiver all such powers, as to bringing and defending suits and
for the realization, management, protection, preservation and improvement of the
property, the collection of the rents and profits thereof, the application and
disposal of such rents and profits, and the execution of documents as the owner
himself has, or such of those powers as the Court thinks fit.
2) Nothing in this rule shall authorize the Court to remove from the possession or custody of
property, any person whom any party to the suit has not a present right so to remove.
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MODEL FORMAT OF INTERLOCUTORY APPLICATION
FACTS : Mr. Ramesh Sharma and Mr. Kaluram Rathore are the owners of the adjacent houses
at Shastri Nagar , Jodhpur . Mr. Ramesh’s house is higher than that of Mr. Kaluram, through a
window in a room on the upper story of his house. Mr. Ramesh has enjoyed without interruption
light and air for 35 years peaceably as an easement. Mr. Kaluram starts to raise his house . Mr.
Ramesh apprehends that light and air enjoyed by him through the window will be cut off if Mr.
Kaluram is allowed to raise his house. Mr. Ramesh files a suit against Mr. Kaluram claiming a
right of easement of light and air through the window and an injunction restraining Mr. Kaluram
from raising his house or interfering with his right to light and air in any other manner.
Mr. Ramesh intends to apply for an interim injunction against Mr. Kaluram pending the suit,
Thus he files an interlocutory application for temporary injunction in the Civil Judge court at
Mafalayan.
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Application :
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, MAFALAYAN
APPLICATION NO. 9999 / 2020
IN
CIVIL SUIT NUMBER 999 of 2020
Ramesh Sharma, aged about 48 years

S/o Murlilal Sharma,
Residing at 56, Shastri Nagar, Mafalayan ………………… Plaintiff
Versus
Kaluram Rathore, aged about 50 years

S/o Vishnu Singh Rathore,
Residing at 57, Shastri Nagar, Mafalayan …………………..Defendant
APPLICATION UNDER ORDER 39 RULE 1 & 2 OF CPC
The above named Plaintiff humbly submits as under ;
1. That the plaintiff has filed the above suit for mandatory injunction against the
defendant claiming the right of easement of light and air easeably enjoyed for a
continuous period of 30 (Thirty five) years and more through the window on the
western side of the plaintiff’s house.
2. The defendant is contemplating to erect a wall on the western side of the house
belonging to the plaintiff and obstructing the light and air peaceably enjoyed by the
plaintiff continuously for the last 35 (Thirty five) years and more.
3. The plaintiff is likely to be put to an irreparable loss by the erection of the wall by
the defendant. It is therefore in the interest of justice that the defendant may be
38 | P a g e
restrained from committing the contemplated injury to the plaintiff and the status-
quo should be maintained during the pendency of the suit.
4. The plaintiff has filed the necessary affidavits of his neighbours and his own
swearing that the plaintiff has enjoyed right of light and air for 35 (Thirty five) years
and more without any interruption from the windows in the room on the western
side of the upper story of his house.
5. The plaintiff , therefore, prays :
That the defendant may please be restricted by an order of this Hon’ble court from
erecting any wall on the western side of the plaintiff’s house during the pendency of
the suit.
It is therefore, prayed that your Honour

may be pleased to order an injunction
and any other order necessary.
And for this act of your kindness

the defendants shall ever pray.
Place :
Date :
……………………….
…………..……………………
Signature of Plaintiff Signature of advocate of

plaintiff
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VERIFICATION
I , Ramesh Sharma s/o Murlilal Sharma , aged about 48 years , resident of

…………………….., the plaintiff above named do solemnly declare that what is stated in
para 1 to 4 is true to my knowledge and that nothing material has been concealed or
suppressed .
………………….
Signature of Plaintiff
[ Note : This has to be supported by an affidavit ]
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MODULE-V
Partnership Deed
*By:- Tanvi Garg
Inter at MNF Law Firm
DEFINITION
The law of partnership is contained in the Indian Partnership Act, 1932 which is read with
general principles of the Indian Contract Act, 1872 that are not inconstant. The term Partnership
is defined in the Indian Partnership Act, 1932 (Section 4) as “Partnership is the relation between
persons who have agreed to share the profits of a business carried on by all or any of them acting
for all”.
SALIENT FEATURES
The main features of a partnership deed are as follows:
 NAME OF THE PARTNERSHIP (SECTION 12): The most essential aspect of a firm
is its name, so the partnership agreement will consist of the name by which it would start
their business. It is essential to ensure the chosen name has not been registered with the
registrar.
 NAME OF THE PARTNERS: The partnership agreement starts with writing the names
and addresses of the partners that are involved in the partnership.
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 NATURE OF THE BUSINESS: It is essential to mention what kind of business would
be done by the partners in their firm. This is essential as all the partners should be clear
on the business of the firm before they sign the contract.
 LOCATION OF THE BUSINESS: The head office of the firm is another element that
is required in the partnership agreement to define the office where the business of the
firm would be operated.
 COMMENCEMENT OF THE BUSINESS: The partnership agreement ensures that
the date and place where the business of the firm would start is also mentioned.
 DURATION OF THE BUSINESS (SECTION 8): Generally, the duration of a business

is defined as a fixed period or for an indefinite period or will continue till the time the
venture is completed. The firm needs to mention this in the agreement.
 MANAGEMENT OF THE FIRM (SECTION 13): The management of a firm can

actively take part in the matters of the firm or may appoint someone to work on behalf of
them. The partners need to mention their role in the deed.
 AMOUNT OF CAPITAL: Every partner needs to bring some amount to contribute

towards the firm, the total amount of capital and the percentage of contribution to it by
partners is written in the deed.
 AMOUNT OF DRAWINGS: Incase a partner needs to withdraw some amount for his
personal usage, then for such an amount a limit needs to be set that is given in the
partnership agreement.
 PROFIT SHARING RATIO (SECTION 11): The ratio of profit division also needs to
be written in the deed that sets the futuristic profits that each would receive.
 INTEREST ON CAPITAL AND DRAWINGS: Generally, in a business interest of

capital and drawings may or may not be allowed. In case, it is allowed then the annual
rate of it needs to be mentioned.
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 SALARY TO PARTNERS: The partnership agreement consists of whether any partner

from the management would receive any salary or not and the amount in case they are
allowed.
 PREPARATION OF FINAL ACCOUNT: Every firm creates a final account wherein

the period needs to be mentioned which maybe these months, many months, or a whole
year. The date and period after which the final account will be prepared needs to be put in
the deed.
 ADDITIONAL FUNDS: The details regarding any additional fund that may be brought
from outsiders or partners need to be provided in the deed apart from that of the paid-up
capital.
 AUDIT OF ACCOUNTS: A firm gets audited after periodic intervals, so certain rules
may be set depending on which the internal and external audit can be done.
 BANK ACCOUNTS: The type of bank account that would be used for the business
purposes needs to be set. These can be either a joint account or the authorization to open
a bank account and sign the cheques would be provided to one partner only. This needs to
be laid down in the agreement.
 ADMISSION AND WITHDRAWAL OF PARTNERS: The basis on which the

partners may be added or can leave are required to be set in the deed to ensure a smooth
flow of such acts when it comes to it.
 VALUATION OF GOODWILL: Goodwill is an important factor as it is done at the

time of admission and withdrawal of a partner, the way it is evaluated is provided in the
deed.
 RIGHTS AND DUTIES OF PARTNERS: The rules needed to be defined as to how the
partners would act and how they would perform. These rights and duties are essential to
mention to ensure the proper functioning of the firm. These should be there in the deed.
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These features are essential for any partnership deed as without these essentials it would be
incomplete and to be accepted by the Registrar of the Partnership Firms all essential points
should be present.
RELEVANT PROVISIONS AS PER LAWS
The Partnership Act, 1932 governs the laws regarding partnership which superseded the law
contained in Chapter XI of the Indian Contract Act, 1872. The Partnership Act, 1932 ensures that
any firm that is formulated under this act is provided with the remedies associated with this. The
firm needs to be approved by the Registrar in order to reap the benefits and protections of the
Act.
The necessary aspects that are needed in a partnership are provided in Section 4 without which a
partnership is null and void (these are an agreement between partners must be there, purpose and
motive why the business is created and for which it should be earning and sharing profits, and
whether the firm is in the mutual agency. In the Partnership Act, 1932 the maximum limit of
persons in a partnership is given in Section 11 as 10 persons in the banking business and 20
persons in any other purpose. Also, the maximum members in a private company is 50 while no
such limit is defined in a public company.
MODEL FORMAT OF PARTNERSHIP DEED
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PARTNERSHIP DEED
THE DEED OF PARTNERSHIP made on this 26th day of September 2020 BETWEEN
1) ANAINGA MEIAN son of SHREE DIVYH MEIAN resident of House No 99/P, Geeta
Colony, Assumn-1100999, hereinafter referred to as the party of the FIRST PART.
2) SABUNG SEM son of SHREE ADIT SEM resident of 01/4G, Section-7, Rohini,
Assumn, 1100977, hereinafter referred to as the party of the SECOND PART.
WHEREAS the above parties have decided to carry on a business under the name and style of
ONLINE GAMING with its principal place of business at 543, Kamla Market, Assumn-
11000244, with effect from the 26th day of September 2020.
NOW THIS INDENTURE WITNESSETH and the parties hereto hereby agree as follows:-
1. That the FIRM NAME shall be ONLINE GAMING and its principal place of business
shall be 543, Kamla Market, Assumn- 11000244 or at such place as shall be found more
convenient and agreed upon between the partners. The branch offices shall be opened as
may be decided by partners from time to time.
2. That the partnership shall be deemed to have COMMENCED on and from the 26th day
of September 2020.
3. That the business of the partnership will ordinarily be that of E-SPORTS and GAMING.
The partners shall have the option to embark upon any new line of business and open and
close branches and all the terms and conditions of the partnership shall apply to them.
4. That the partners contribute minimum capital of Rs. 9,000/- each.
5. That the partnership shall be AT WILL and will continue so long as partners may desire.
In case any partner should desire to retire from the said partnership, he shall give at least
two months' notice in writing to give this effect to other partners. In case of the death of
one of the partners, other partners will be entitled to continue and carry on the business of
the said firm and the heir or legal representatives of the deceased partner unless agreed
otherwise.
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6. That in the event of the death of any of the partners or leaving the firm by anyone of the
partners or in any other eventuality the remaining partners will be responsible for the total
liabilities of the said firm.
7. That the parties hereto shall participate in the PROFITS AND LOSSES of the partnership
as ascertained from year to year as follows:
PERCENTAGE
1) FIRST PARTY 50%
2) SECOND PARTY 50%
8. That the capital of the partnership business shall be contributed by all the parties to this
deed, in such proportions as may be required from time to time and shall bear such rate of
interest as may be agreed upon by the parties to this deed subject to a maximum of 9%
p.a.
9. That all the parties shall act as working partners who shall engage themselves actively in
conducting the affairs of the partnership business.
10. That while the partners are conscious of the fact that dedicated effort and attention to the
business by the working partners is crucial and foremost for providing continued vigor to
the business and by that reckoning such partners deserve adequate incentive and
handsome compensation. Yet considering the restrictive provisions of Section 40(b) of
the Income Tax Act, 1961 and to relieve the firm of the financial burden they have agreed
to make the disbursement of reward for services varying with the level of earning by the
partnership business from year to year as mutually agreed.
11. That the remuneration payable to partners as working partners shall be mutually decided
by the partners with respect to keeping in view of provisions of Section 40(b) of Income
Tax Act, 1961. However, the remuneration payable to the working partners shall be
limited to the profit in a case where the remuneration payable exceeds profits.
12. That though principally the interest and remuneration due to each partner will accrue day
to day with the commencement of the accounting year, yet it is agreed that ordinarily the
interest and remuneration due to each partner will be calculated and paid or credited to
his account only once earlier in the event of the retirement/death of a partner or change in
the constitution or dissolution of the partnership. The partners shall however have the
option to make interim withdrawals towards interest and/or remuneration as the case may
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be at such intervals as may deem expedient and the sum so paid on this account shall be
adjusted against the final figure determined on finalization of accounts after the close for
the accounting period.
13. That all the expenses relating to the payment of interest, remuneration, etc. paid or
credited to the partners shall be debited to the profit and loss account of the firm and
taken into consideration in arriving at the net divisible profit or loss amongst the partners.
14. That if necessary the partners may by mutual consent and on such terms and conditions,
as they shall decide upon, take in any new partners in the said firm.
15. That the partners shall be JUST AND FAITHFUL to each other in all matters and
transactions relating to the said partnership firm.
16. That no partner shall without the written consent of other partners:-
a) Acknowledge a debt to extend the period of limitation against the firm,
b) Employ any money, goods or effects belonging to the partnership or engage credit
thereof in any matter except on account and for the benefit and interest of the said
firm,
c) Except in the ordinary course of business, give any security or promise for
payment of money on account of the firm, and
d) Assign, charge, transfer, mortgage, or otherwise alienate his share in the firm.
17. That each of the partners shall be jointly or/and severally entitled:-
a) To open and operate accounts with any bank and to secure and arrange overdraft from
any bank against the security of goods and stock in trade or otherwise on such term
and condition as he/they may think fit and to sign all paper and document in
connection herewith;
b) To borrow money and raise loans from any State or Central Government, financial
corporation, or any other public body;
c) To sign, draw, accept, negotiate, pay, satisfy, or receive any bill of exchange,
hundies, promissory notes, cheques, orders for payment or delivery of money,
security or bill of lading or other negotiable or mercantile instrument for and on the
firm in the usual course of business;
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d) To ask, demand, sue for recovery and receive whether in cash, cheque or by any other
mode from any government department, private by any other mode from any
government department, private establishment or local authority all monies, dues,
articles and thing which shall become due, owing and to give an effectual receipt or
discharge for the same;
e) To apply all kinds of licenses and to secure them and also to apply for quota right and
the purpose to appear before the authorities appointed for the same and to sign all
papers in this connection;
f) To submit tenders before the government department and to accept orders therefrom
and for the purpose to appear before the authorities concerned and to sign all papers
in connection therewith;
g) To appear and represent the firm before Commercial Tax, Income Tax, Customs and
Excise authority whether original or appellate and also to appear in any Court,
tribunals or any other Govt. department in connection with any suit or proceedings
whether civil or criminal in which the firm is interested and to sign all the papers,
forms, documents, applications, bonds, returns, etc. in connection with the said
matters;
h) To sign, execute and enter into all sort of contract, engagement pertaining to the
business of the firm with any Govt. body, private establishment, or local authority;
i) To submit any dispute relating to the firm to arbitration;
j) To compromise or settle any debt due to the partnership and to grant discharge
thereof; and
k) To act on behalf of the firm generally.
18. That the stock in trade, capital of the said partnership as well as of a partner shall in no
way be liable for personal debts of other partners.
19. That the partners shall maintain regular books of accounts and proper entries shall be
made therein of all receipts, payment, transaction, engagements, and properties of the
partnership and the said books of accounts, all receipts, papers, and writing shall be kept
at the office of the internship firm and every partner or his agent shall have free access at
all reasonable time to read, inspect, examine and copy the same.
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20. That the partner shall have EQUAL RIGHT in control and management of said
partnership business.
21. That at the end of each financial year the books of accounts shall be closed and profit and
loss account shall be drawn up and profit ascertained for the year, shall be credited to or
distributed amongst the partners according to their respective share as laid down in clause
6 hereinbefore.
22. That all disputes and difference regarding the partnership which may arise during the
continuance of the partnership business or thereafter between the partners or their
respective representative or heirs with regard to the interpretation of the construction of
these presents or as to conduct of the business or touching the right and liabilities or other
interest of the partners or as to any other things or matters relating to the said partnership
including its dissolution or winding up or its assets or business shall be referred to
ARBITRATOR to be appointed by mutual consent of the partners in accordance with and
subject to the provisions of the Arbitration and Conciliation Act, 1996, or any statutory
modification/re-enactment thereof for the time being in force.
23. That all or any of the terms and conditions of this deed may be MODIFIED, ALTERED
OR VARIED AND ANY NEW TERM AND CONDITION ADDED TO BY mutual
consent of the parties hereto, and to be expressed either in writing or implied from
conduct.
24. That any other matters for which no provision has been made in this deed shall be
governed by the Indian Partnership Act, 1932.
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and
seals on the day, month, and year first above written.
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SIGNED SEALED AND DELIVERED BY THE WITNESS NAMED PARTIES IN THE

PRESENCE OF:-
(ANAINGA MEIAN)
FIRST PARTY
(SABUNG SEM)
SECOND PARTY
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MODULE -VI
Sale Deed
*By:- Manu Krishna SK
Of Government Law College,
Thiruvananthapuram, Kerala
DEFINITION OF SALE
Section 54 of the Act defines sale. Sale is the transfer of ownership in exchange for a
price paid or promised or part paid and part promised. In sale there is absolute transfer of all
rights in the property sold. No rights are left to the transferor. The proprietary right of the seller
passes to the buyer absolutely after sale.
SALIENT FEATURES OF SALE DEED

1. Parties
2. Subject Matter
3. Conveyance or Formalities
4. Consideration
Contract of Sale and Contract for Sale
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Immediate sale or contract of sale means instant sale. Contract for sale means agreement
to sell.
S.54 of the Act defines contract for sale. It is a contract that a sale of such property shall
take place on condition (terms) settled between parties.
In a contract for sale the property passes to the buyer only after some days ie, after the
condition is fulfilled. In other words in a contract for sale title passes after some conditions are
fulfilled.
Contract of sale creates a right in rem and contract for sale creates a right in personam.
In India contract for sale does not create any interest on such property. The English law is
different. In England an agreement to sell creates a right in equity.
RIGHTS AND DUTIES SELLER
Before sale deed is executed (before completion of sale) the seller has the following
rights and liabilities:
 Duties
1. To Disclose the Defects
2. To Produce Title Deeds
3. To Execute a Conveyance
4. Reasonable Care of the Property
5. Pay Outgoings
Seller's Duty after the Sale is Completed
The seller must deliver possession of the property to the buyer. He has to discharge the
encumbrance when the property is sold. He has to deliver title deeds when he does not retain any
part of the property and when the whole of the purchase money has been paid. Where part of the
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purchase money remains unpaid, the seller has a charge on the property for recovering that
unpaid price; this is called the seller's charge for unpaid purchase money.
 Rights
1. Unpaid Vendor's Lien
RIGHTS AND DUTIES OF BUYER
 Duties
1. Before Purchase is Complete
a. Duty to Disclose
b. Duty to Pay the Price at the Proper Time and Proper Place
2. After Purchase is Complete
He has to bear the loss arising from the destruction and depreciation of the value of the
property. He has to pay the public charges. He is entitled to the rents and profits. He has to pay
the encumbrance if the property is subject to encumbrance.
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MODEL FORMAT FOR SALE DEED
SALE DEED
THIS SALE DEED is made today on 26th September 2020 in BETWEEN
Mr. Nazo hereinafter to be called as VENDOR (which expression means and include his
heirs, successors, administrators, executors, assignees or anyone claiming through or
under him) of the first part.
AND
Mr. James hereinafter to be called as VENDEE which expression means and include his
heirs, successors, administrators, executors, assignees or anyone claiming through or
under him) of the other part.
WHEREAS the said VENDOR was absolute owner in possession of the landed property
comprised in 2nd R.S. Patta no. 99 Dag nos. 09, 99, 999 Mouza- Ptaya, Porgona- Barak,
Dist. Cachar/Assam, measuring an area of 5 Bigahas of land within specific boundary in the
locality which is fully described in the schedule below.
AND WHEREAS THE VENDOR herein is desires of selling the Scheduled property and the
VENDEE is desires of buying the same.
NOW THIS SALE DEED WITNESSES AS UNDER
1. That in consideration of a sum of Rs. 20,00,000 (Twenty Lakhs) paid by the Vendee to
the Vendor by through Demand Draft vide bearing no…….. dated…… drawn on…..
Bank, the vendor as the absolute owner in possession of the Scheduled property do
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hereby sale, conveys and transfers all rights, title, interest and possession in the
Scheduled land absolutely forever to hold the same unto the Vendee absolutely.
2. That Vendor assures the Vendee that he is the absolute owner and have possession of the
Scheduled land having a marketable title thereto and no other person has any right, title,
interest and possession of the land.
3. That the Vendor hereby undertakes to unconditionally indemnify the Vendee against any
defect in the title or against any claim or demand whatever in respect of the Scheduled
land including the cost/expenses of litigation if any, that may be incurred by the vendee
to defend his title to the Scheduled land.
4. That the Vendor shall pay and bear all taxes, cesses, rates or other outgoings, if any in
respect of the Scheduled land prior to the date of the deed.
5. That the Vendor put the Vendee in of the Scheduled land he was also handed over all
documents pertaining to Scheduled land.
6. That the Vendor further undertakes that the Scheduled land is free from all
encumbrances.
IN WITNESSES WHEREOF the VENDOR and the VENDEE have put their
respective hands to this deed on the day and date mention hereinabove.
Signed in the presence of Witness nos. 1 and 2.
Witnesses ( ……………)
VENDOR
1. ---------------------------------------------
2. --------------------------------------------- ( …………..)
VENDEE
Schedule
(Description, area, boundaries of the property which is hereby sold)
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MODULE- VII
Lease Deed
*By- Ahmed Nawaj Laskar
INTRODUCTION
Section 105 to 117 of the Transfer of Property Act,1882 deal with Lease.
Section 105 Defined lease as- A lease of immoveable property is a transfer of a right to enjoy
such property, made for a certain time, express or implied, or in perpetuity, in consideration of a
price paid or promised, or of money, a share of crops, service or any other thing of value, to be
rendered periodically or on specified occasions to the transferor by the transferee, who accepts
the transfer on such terms.
This Section also defined Lessor, lessee, premium and rent defined —The transferor is called the
lessor, the transferee is called the lessee, the price is called the premium, and the money, share,
service or other thing to be so rendered is called the rent.
In simple language Lease means Transfer of Right to enjoy.
ESSENTIALS OF LEASE
1) There must be two parties.

2) There must be transfer of right to enjoy.
3) Duration of Lease.
4) Consideration Rent/ Premium
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KINDS OF LEASE
a) Month to Month
b) Year to Year
c)One year Only
d) Lease reserving yearly rent
e) Permanent lease.
CIRCUMSTANCE ON WHICH A LEASE MAY BE TERMINATED
Section 111 of the Transfer of Property Act,1882 prescribe:-
1. By Lapse of Time.
2. On the happening of a specified event.
3. Where lessor’s interest comes to an end.
4. By Merger.
5. By Express Surrender.
6. Implied Surrender.
7. By Forfeiture.
8. By Notice
MODEL FORMAT OF LEASE DEED
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LEASE DEED
THIS LEASE DEED is made today on 26th September 2020 BETWEEN
Mr. Nazo, S/o. Rahmatu, aged about 45 years, R/o……….. hereinafter to be referred as
LESSOR (which expression mean and include his heirs, successors, administrators,
assignees) of the first part.
AND
Mr. James, S/o. Zujaas, aged about 40 years, R/o ……… hereinafter to be referred as
LESSEE (which expression mean and include his heirs, successors, administrators,
assignees) of the other part.
WHEREAS the Lessor is the lawful owner in possession of the House no. 99 of…………R/s
Patta no. 70 Dag no. 9999, Mouza- …….. Dist.- ……… hereinafter to be called as Scheduled
premises and which is fully described in the Scheduled attached herewith.
AND WHEREAS the lessee has approached the lessor for obtaining the Scheduled premises on
lease for residential purpose to which the lessor has agreed subject to the terms and conditions
agreed hereunder.
NOW THIS LEASE DEED WITNESSES AS UNDER
1. That the lease premium is fixed on Rs………. Per month payable on or before 10th of
every calendar months in advance.
2. That the electricity charges as per the bill issued by the Electricity Board of Assam for
power consumed which is to be paid by the lessee from the date of the lease.
3. That the water charges shall be paid by the lessee from the date of this lease.
4. That the lessee shall make use of the lease Scheduled premises for the purpose of
residential only.
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5. That the lessee shall not make any alteration on structure of the Scheduled premises
however the temporary partitions can be made by the lessee subject to the permission of
the lessor in writing.
6. That the lessee shall not remove any fixtures from the lease premises.
7. That the lessee shall not further sublet the Scheduled premises.
8. That the lessor shall allow the lessee to make use the open trace for drying the clothes.
9. That the lessee will not create any disturbance to other people.
10. That the lessee shall maintain the Scheduled premises in good repair and keep the
premises neat and clean.
11. That the lessee shall permit the lessor or his representative at all reasonable time to enter
upon the Scheduled premises for the purpose of inspection and to repair thereafter
receiving reasonable notice from the lessor.
12. That any intentional damage caused to the leased property by the lessee during lease
period shall be repaired by the lessee before vacating the lease property.
13. That the period of this lease shall be 11 months only and can be extended for further
period by the mutual consent of the parties on agreed terms of increment of rent.
14. That either party can give notice of one month for the termination of lease in the absence
of notice in writing advance rent paid for the month shall be forfeited.
15. That on the expiry of the lease the lessee shall handover the peaceful possession of the
lease premises to the lessor.
16. That the lessee has paid a sum of Rs……….through Cheque bearing cheque no………,
drawn on………as advance rent for the lease premises.
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IN WITNESSES WHEREOF the lessor and lessee do hereby subscribe their respective hands
to this lease on the day and date hereinabove.
WITNESSES (………………..)
1. ………………… LESSOR
(………………)
2. ………………….. LESSEE
[NOTE:- Schedule of the land to be given]
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MODULE- VIII
Affidavit
*By:- Shivani Yadav
Of S&S Law College, Indore
MEANING OF AFFIDAVIT
An affidavit is a willingly made declaration in writing sign by a deponent an accompanied by an

oath. The word ‘Affidavit' has been derived from a Latin word, which means ‘pledge once
faith'. The law on affidavit in India is governed by Sec. 139 Order XIX of the Code of Civil
Procedure. Whereas, before recording a statement, the authorities administer oath to the witness.
This could make affidavit acceptable as evidence under the Indian Evidence Act, 1972 and
Indian Oath Act. Here, the authority means a notary. Notary is a state officer whose functions are
to attest and certify, by his hand and official seal, various documents in order to give them
authenticity in other jurisdictions. However, the functions of a notary is ministerial and not
judicial.
According to Section 139 of Civil Procedure code- Affidavit is a statement in writing made
before an officer of the court, authorized to administer oaths. The person making the affidavits
known as deponent of he deposes to facts contained therein.
ESSENTIAL FEATURES OF AN AFFIDAVIT
 Written form- An affidavit is used as a record in court, hence it must be in writing and
also must be certify by competent authority.
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 Affirmation- Affidavit must contains a declaration made by a person for his statements.
 Attestation - It is to be attested by an authorized officer to administer the oath that the
affidavit was sworn by the deponent in the presence of that officer.
 True facts - An affidavit must relate to the true facts and not interferences from the
same. There is a provision of punishment for the false statement in the affidavit.
TYPES OF AFFIDAVIT
There are numerous types of affidavits are present. But some of the major types are listed below-
 Courts affidavit – When an affidavit is used to support the written motion as the witness
is not present in front of court, hence the usage of affidavit in court affairs are known as
Court affidavit.
 Self-proving will affidavit- At the time, when the maker died, it was necessary to have
the witnesses testified in court in order to make the will valid. With the help of self-
proving will affidavit, the will is automatically deemed to be valid without any testimony
of the witnesses.
 Affidavit of power of attorney- when an affidavit is made by a person(principal) to
authorize another person(agent) to act on his behalf, this is known as Affidavit of power
of attorney. This power of attorney would be end when the principal dies or revokes it.
 Financial Affidavit- Each affidavit which includes some sort of financial transactions
such affidavits are financial affidavits.
 Affidavit of identity theft - If any person have been the victim of identity theft, then
they may need to provide an affidavit certifying the theft to their creditors and banks.
 Affidavit of debt – It states that someone owes a specific amount to an entity or another
person. These are common in bankruptcy cases or may be used when a company is
getting ready to close down. The original contract is more valuable than an affidavit
when proving debt, so you should use that if possible. Furthermore, if you have to prove
that someone owes you money, an affidavit is not enough—you do need the original
contract.
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EVIDENTIARY VALUE OF AN AFFIDAVIT
Generally, affidavits are not included within the purview of the definition of evidence provided
by the Section 3 of Evidence Act 1872. But, the same can be used as evidence only if for
sufficient reasons, the court passes an order under Order 12 of the code of Civil Procedure.
However, Rule 1 order 19 is invoked by the court when it finds that it is necessary to make an
order for any particular fact that may be proved by affidavit. The opposing counsel has the right
to cross- examine or reply in affidavit, if a person provides affidavit as an evidence. The Court
can reject the affidavit if it is not properly verified and not in conformity with the rules of the
code.
 Case Law :-
1. Noor Khan Pathan v. State of Maharashtra
- 4 SCC 465 (2013)
Supreme Court held that affidavit can be relied upon when the deponent is available for cross
examination in terms of Order 18 rule 4 CPC. Thus, it is now clarified that affidavit is not
evidence within the meaning of Section 3 of the Evidence Act unless a chance to effectively
cross-examine is given to another person.
Punishment of False Affidavit
 Sec. 191 IPC,1860 – Whoever, being legally bound by an oath or by an express

provision of law to state the truth, or being bound by law to make a declaration upon any
subject, makes any statement which is false, and which he either knows or believes to be
false or does not believe to be true, is said to give false evidence.
 Sec. 193 of Indian Penal Code, 1860 – Any person who intentionally gives false
statement at any stage of judicial proceeding or fabricates false evidence for the purpose
of being used at any stage of the judicial proceedings, shall be punished with
imprisonment of either in description which may extend And shall also be liable to fine
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and whoever Intentionally gives or fabricates false evidence In any other case shall be
punished with imprisonment of either description Or a term which may extend to Three
years and also may be liable for fine.
 Section 199 IPC,1860 - False statement made in declaration which is by law receivable
as evidence – Whoever, in any declaration made or subscribed by him, which declaration
any court of justice, or any public servant or other person, is bound or authorized by law
to receive as evidence of any fact, makes any statement which is false, and which he
either knows or believes to be false or does not believe to be true, touching any point
material to the object for which the declaration is made or used, shall be punished in the
same manner as if he gave false evidence.
 Section 200 IPC,1860 – Using as true such declaration knowing it to be false – Whoever
corruptly uses or attempts to use as true any such declaration, knowing the same to be
false in any material point, shall he punished in the same manner as if he gave false
evidence.
Case Laws:-
1. Amar Singh v. Union of India and Others
The Supreme Court has issued directions to the courts registry to carefully scrutinize all
affidavits, petitions and applications and reject those which do not conform to the
requirements of Order XIX of the Code of Civil Procedure and Order XI of the Supreme
Court Rules. The Supreme Court has highlighted the importance of affidavits in this
judgment and has discussed various judicial pronouncements on the aspect.
2. State of Bombay v. Purushottam Jog Naik,

- AIR 1952 SC 317
Vivian Bose, J. speaking for the Court, held: We wish, however, to observe that the
verification of the affidavits produced here is defective. The body of the affidavit discloses that
certain matters were known to the Secretary who made the affidavit personally. The verification
however states that everything was true to the best of his information and belief. We point this
out as slipshod verifications of this type might well in a given case lead to a rejection of the
affidavit. Verification should invariably be modelled on the lines of Order 19, Rule 3, of the
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Civil Procedure Code, whether the Code applies in terms or not. And when the matter deposed to
is not based on personal knowledge the sources of information should be clearly disclosed.
3. Virendra Kumar Saklecha v. Jagjiwan and others
-(1972) 1 SCC 826]
Supreme Court while dealing with an election petition dealt with the importance of
disclosure of source of information in an affidavit. This Court held that non-disclosure will
indicate that the election petitioner did not come forward with the source of information at
the first opportunity. The importance of disclosing such source is to give the other side notice
of the same and also to give an opportunity to the other side to test the veracity and
genuineness of the source of information. The same principle also applies to the petitioner in
this petition under Article 32 which is based on allegations of political motivation against
some political parties in causing alleged interception of his telephone. The absence of such
disclosure in the affidavit, which was filed along with the petition, raises a prima facie
impression that the writ petition was based on unreliable facts
4. M/s Sukhwinder Pal Bipan Kumar and others v. State of Punjab and others
-[(1982) 1 SCC 31]
A three Judge Bench of this Court in dealing with petitions under Article 32 of the
Constitution held that under Order XIX Rule 3 of the Code it was incumbent upon the
deponent to disclose the nature and source of his knowledge with sufficient particulars. In a
case where allegations in the petition are not affirmed, as aforesaid, it cannot be treated as
supported by an affidavit as required by law.
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MODEL FORMAT OF AFFIDAVIT
AFFIDAVIT
I, Tonemba Mia, aged about 56 years, S/o- ………….., permanently residing at
Vill.- Chatraya, P.O.- Dalubagan, P.S.- Udanpur, Dist.- Bahanga, by faith……., by
occupation Business, by nationality- Indian, do hereby solemnly affirm and declare as
follows;-
1. That, I am a citizen of India by birth and presently residing at the above

mentioned address.
2. That, my actual and correct name is ‘Tonemba Mia’.
3. That, inadvertantly in my Electoral Photo Identity Card vide no. NBS23299999
issued by Election Commission of Nainantal where my name has been recorded
as ‘Talemba Mia’ instead of my actual and correct name ‘Tonemba Mia’.
4. That, inadvertantly in my name is wrongly recorded in Voter list of 2020 vide
Serial no. ……. where my name has been recorded as ‘Tonegba Mia Mia’
instead of my actual and correct name ‘Tonemba Mia’
5. That, ‘Talemba Mia’, ‘Tonegba Mia Mia’ and ‘Tonemba Mia’ is the same names
and one person having single legal identity i.e. myself.
6. That this affidavit is sworn for the purpose of declaration of above mentioned
facts and to be produced the same before the concern authority as and when
facts and to be produce the same before the concern authority as and when any
confusion arise regarding me.
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That statements made above are true and correct to the best of my knowledge and
belief and in proof whereof I swear and sign this affidavit on 3rd day of October
2020 before the Notary Public at ……….
Identified by,
Deponent
Advocate
Sworn before me
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MODULE - IX
Complaint
*By:- Fakhrul Islam Choudhury
WHAT DOES A COMPLAINT MEAN?
Section 2(d) of The Code of Criminal Procedure, 1973 defined Complaint as:-
(d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to
his taking action under this Code, that some person, whether known or unknown, has committed
an offence, but does not include a police report. Explanation.- A report made by a police officer
in a case which discloses, after investigation, the commission of a non- cognizable offence shall
be deemed to be a complaint; and the police officer by whom such report is made shall be
deemed to be the complainant.
ESSENTIALS OF COMPLAINT
1) An Allegation made orally or in writing

2) Complaint made to the Magistrate
3) With an Intention to take an Action
4) Complaint does not Include Police report.
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DISTINGUISH BETWEEN COMPLAINT AND FIR
1) A complaint may be relates to Cognizable or non-cognizable offences but an FIR must relate
to a Cognizable offences.
2) In Complaint allegation made orally or writing to a Magistrate but FIR is given to an Officer-
in-Charge of Police Station.
3) A magistrate can take Cognizance of an offence on a complaint made to him but A magistrate
cannot take cognizance of an offence on First Information.
MODEL FORMAT OF COMPLAINT
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IN THE COURT OF LD. JUDICIAL MAGISTRATE FIRST CLASS, SILCHAR
Complaint No. ………. Of 2020
IN THE MATTER OF:
Aaulia Raan, aged about 56 years

S/o. Mulian Raan,
R/o- Rangirkhari, P.S. Silkron,
Dist. Hathira/Makhan
Phone. 99999999999 ……………………
Complainant
Versus
Majek Hamn, aged about 50 years,

S/o Haulin Hamn ,
R/o Rangirkhari, P.S. Silkorn,
Dist. Hathira/Makhan ………………………..
Accused
Complaint under Section 500 of Indian Penal

Code.
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The humble submissions of the complainant are as under:
1. That the complainant is law abiding, respectable person enjoying good reputation
residing in Rangirkhari, Dist.- Hathira/Makhan.
2. That on 26-09-2020, Majek Hamn (accused), while addressing a public gathering
during the Municipal Election made certain remarks against the complainant,
“Aaulia Raan is a dishonest person involved in so many corruption case”, with an
intention to harm the reputation of the complainant in the estimation of the people
in the area.
3. That the statement made by the accuse was made in presence of more than 100
persons of locality including Mrijun, Jamin and Kaming.
4. That the statement given by the accused person is false and the same is known to the
accused person but knowingly and deliberately he made those defamatory
statements against the complainant in the public just to malice the reputation of the
complainant only.
5. That after that incident there was a remarkable changes in the people of the locality
about the complainant. Mrijun, Jamin and Kamng are very closed to the
complainant but after that incident there was a drastic change in their behavior and
attitude and they were looking towards the complainant with suspicion.
6. That irrepairable harm has been caused in the reputation of the complainant by the
act of the accused person.
7. That the complainat and the accused person are the resident of Rangirkhari and the
cause of action has also risen in the same locality and it comes under Silchar. Hence,
the Ld. Court has the jurisdiction to try this complaint.
8. That the cause of action has occurred on 26-09-2020. Hence, the present complaint
has given within the limitation period.
9. That the Court Fee of Rs.16 has been affixed herewith.
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It is, therefore, respectfully prayed before Ld. Court

that in keeping the facts and circumstances hereinabove
given by the complainant, he accused must be
summoned, chargesheeted and tried by the Court and
be punished as per the provisions of law. This
complainant may kindly allow in the interest of justice
and justice be done.
Complainant
Through Counsel
[NOTE- AN AFFIDAVIT TO BE ANNEXED WITH THE COMPLAINT]
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MODULE-X
Bail in Non-Bailable Offences

*By:- Manpreet Kaur
DEFINITION OF BAIL:
According to Wharton’s Law Lexicon, the term ‘bail’ means to “set at liberty a person
arrested- on security being taken for his appearance.”
The term ‘bail’ is not defined under the Code of Criminal Procedure, 1973 (hereinafter
referred to as the Cr.P.C.) although the terms bailable offence” and “non- bailable offence”
have been defined.
Section 2(a) of the Cr.P.C. defines “bailable offence” means an offence which is shown as
bailable in the first schedule, or which is made bailable by any other law for the time being in
force; and “non-bailable offence” means any other offence.
In bailable offence, bail is granted as a matter of right whereas in a non- bailable offence, it is
a matter of the discretion of the Court or the officer concerned
OBJECT OF BAIL:
The object of bail is primarily an expedient to secure the attendance of an accused at the trial.
To ensure that he doesn’t run away. If there are means of ensuring an accused presence at trial
and ensuring that a fair investigation and trial can be ensured with the accused being enlarged,
bail shouldn’t be denied. It needs to be remembered that an accused who enjoys freedom is in
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a much better position to look after his case and to properly defend himself at the trial than if
he is custody.
ANALYSIS OF SECTION 437 OF Cr.P.C.
Section 437:- When bail may be taken in case of non- bailable offence-
1) When any person accused of, or suspected of, the commission of any non- bailable
offence is arrested or detained without warrant by an officer in charge of a police
station or appears or is brought before a Court other than the High Court or Court of
Session, he may be released on bail, but-
i) Such person shall not be so released if there appear reasonable grounds for
believing that he has been guilty of an offence punishable with death or
imprisonment for life;
ii) Such person shall not be so released if such offence is a cognizable offence and
he had been previously convicted of an offence punishable with death,
imprisonment for life or imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a cognizable offence
punishable with imprisonment for three years or more but not less than seven
years:
Provided that the Court may direct that a person referred to in clause (i) or
clause (ii) be released on bail if such person is under the age of sixteen years or
is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to in
clause (ii) be released on bail if it is satisfied that it is just and proper so to do
for any other special reason:
Provided also that the mere fact that an accused person may be required for
being identified by witnesses during investigation shall not be sufficient ground
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for refusing to grant bail if he is otherwise entitled to be released on bail and
gives an undertaking that he shall comply with such directions as may be given
by the Court:
Provided also that no person shall, if the offence alleged to have been
committed by him is punishable with death, imprisonment for life, or
imprisonment for seven years or more, be released on bail by the Court under
this sub-section without giving an opportunity of hearing to the Public
Prosecutor.
2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial,
as the case may be, that there are not reasonable grounds for believing that the accused
has committed a non- bailable offence, but that there are sufficient grounds for further
inquiry into his guilt, the accused shall, subject to provisions of section 446-A and
pending such inquiry , be released on bail, or, at the discretion of such officer or Court
on the execution by him of a bond without sureties for his appearance as hereinafter
provided.
3) When a person accused or suspected of the commission of an offence punishable with

imprisonment which may extend to seven years or more or, of an offence under
Chapter VI, Chapter XVI or Chapter XVII or the Indian Penal Code or abetment of, or
conspiracy or attempt to commit, any such offence, is released on bail under sub-
section (1), the Court shall impose the conditions,-
a) that such person shall attend in accordance with the conditions of the bond executed
under this Chapter,
b) that such person shall not commit an offence similar to the offence of which he is
accused, or suspected, of the commission of which he is suspected, and
c) that such person shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him
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from disclosing such facts to the Court or to any police officer or tamper with the
evidence,
and may also impose, in the interests of justice, such other conditions as it considers
necessary.
4) An officer or a Court releasing any person on bail under sub- section (1) or sub-
section (2), shall record in writing his or its reasons or special reasons for so doing.
5) Any Court which has released a person on bail under sub- section (1) or sub- section
(2), may, if it considers it necessary so to do, direct that such person be arrested and
commit him to custody.
6) If, in any case triable by a Magistrate, the trial of a person accused of any non- bailable
offence is not concluded within a period of sixty days from the first date fixed for
taking evidence in the case, such person shall, if he is in custody during the whole of
the said period, be released on bail to the satisfaction of the Magistrate, unless for
reasons to be recorded in writing, the Magistrate otherwise directs.
7) If, at any time after the conclusion of the trial of a person accused of a non- bailable
offence and before judgment is delivered, the Court is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it
shall release the accused, if he is in custody, on the execution by him of a bond without
sureties for his appearance to hear judgment delivered.
EXPLANATION OF SECTION 437 :
When any person accused of, or suspected of, the commission of a non- bailable
offence is arrested or detained without warrant by an officer in charge of a police
station or it appears or is brought before a Court other than the High Court or Court of
Session, he may be released on bail, but-
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i. Such person shall not be so released if
 There appear reasonable grounds for believing that he has been
guilty of an offence punishable with death or imprisonment for
life.
ii. Such person shall not be so released if

 Such offence is a cognizable offence and
 He had been previously convicted of an offence punishable with
death, imprisonment for life or imprisonment for seven years or
more, or
 He had been previously convicted on two or more occasions of a
non- bailable offence.
Exceptions -
 Below 16 years of age; or

 Woman; or
 Sick; or
 infirm
“Reasonable grounds for believing that he has been guilty of an offence punishable with
death or imprisonment for life”- The main question to consider is- “are there reasonable
grounds for believing that the petitioner is guilty of the offence of which he has been
accused.” Other considerations must also arise in deciding the question of releasing the
accused on bail, and one of these, which has always guided Courts of Justice is whether there
are grounds for supposing that the accused, if released on bail, would abscond and attempt to
escape justice by avoiding or delaying an inquiry or trial. (Jamini Mullick v. Emperor 1908
ILR 36 Cal 174).
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It has been held by the Supreme Court that conditions of bail should not be so onerous as to
make it beyond the reach of the accused (Moti Ram v. State of Madhya Pradesh 1978 CrLJ
1703.
In Chintamani Tripathi v. State of UP 1991 CrLJ 1662, where there has been enormous delay
in the commitment of the case and there was no possibility of the Sessions trial concluding the
trial in the near future, the applicant was held entitled to bail.
Release of woman, Sick, infirm or children below 16- [Sub- section (1) Proviso I]- Where
a daughter in law was killed by mother in law and other members of the family, it was held
that mother in law was not entitled to bail simply because of the proviso I, sub- section (1) of
section 437 (1) CrPc, which is not a mandatory provision ( Chandrawati v. State of UP 1992
CrLJ 3634.
Release of previous convicts on bail [Sub- section (1) Proviso II]- The proviso entitles the
accused to be enlarged on bail, if he is entitled to be so enlarged, even though he may be
required for purposes of identification during the course of investigation. ( Ram Prakash
Pandey v. State of UP 2001 9 SCC 121
ANALYSIS OF SECTION 439 OF Cr.P.C.
Bail for Non- Bailable Offences
Section 439(1) confers power on the High Court or Court of Session-
 to grant bail to a person in any case without condition or with condition in certain
specified offences and subject to the procedural limitation imposed by the proviso in
respect of certain specified offences, and
 to set aside or modify any condition imposed by a Magistrate while granting bail.
Section 439 (2) gives power to the High Court or Court of Session to cause any person who
has been admitted to bail by itself or by any Criminal Court under this chapter to be re-
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arrested and committed to custody i.e the power to cancel the bail granted to an accused
person.
Where should one go first for bail u/s 439?
Sessions Court or High Court.
The jurisdiction, as we lawyers like to call it is- concurrent, but as a matter of prudence and
strategy, one should exhaust remedies before Sessions Court before going to High Court.
Section 439 gives an unfettered discretion to the High Court or the Court of Session to admit
an accused person to bail, but that discretion must be exercised judicially. The power of the
High Court and Court of Session to grant bail is not fettered by the restrictions contained in
section 437.
It has been held by the SC that the object of bail is to secure the appearance of the accused at
his trial. The object of bail is neither punitive nor preventive. Hence, grant of bail is the rule
and committal to jail, an exception. Refusal of bail is a restriction on personal liberty of
individual guaranteed under Article 21 of the Constitution.
WHO IS EMPOWERED TO GRANT BAIL IN NON- BAILABLE CASES?
The Court and the Police Officer.
The jurisdiction is to be exercised with great care and caution by balancing valuable right of
personal liberty of an individual constitutionally protected under Article 21 of the Constitution
of India versus the interests of society, in general. The discretionary power of the Court to
admit to bail is not arbitrary, but is judicial, and is governed by established principles. The
High Court of Allahabad directed that when a particular person surrenders and makes an
application for bail, it should be considered the same day. The discretion is to be exercised
keeping in mind settled guidelines and considerations.
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CAN BAIL BE GRANTED IF THE OFFENCE IS GRAVE AND HEINOUS?
Gravity of the offence, while it is required to be considered by the Court, it is not the sole
consideration for grant or refusal of bail. Gravity has to be gathered from facts and
circumstances of each case.
Economic offences would fall under the category of “grave offence” and the nature of
allegation made against the accused is to be considered while granting bail along with the term
of sentence prescribed for the offence alleged. However, even if the allegation is one of grave
economic offence, it is not a rule that bail should be denied in every case since there is no
such bar created in the relevant enactment passed by the Legislature nor does the bail
jurisprudence provide so, especially if other factors favour the accused.
In P. Chidambaram v. Directorate of Enforcement 2019 SCC Online SC 1549, the practice of

handing over information by investigators in sealed envelopes to the Court to oppose bail has
been deprecated by the Court.
MODEL FORMAT OF BAIL APPLICATION
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BEFORE THE HON’BLE SESSIONS COURT AT HATHIRA , NATALAM
B.A No. /2020
IN
CR Case No. 999/2020
(Hathira Police Station)
R A NO. 99/2020
u/s 420, 465, 467, 468, 471 IPC, 1860.
Pending Before the Ld. Judicial Magistrate 1st Class, Hathira, Natalam
Christina Feyana …… Applicant/Accused

(Aged: 35 years,)
Occupation: Teacher,
Residing at: A/91, Ratunn Colony,

Village Road, Hathira(West),
Natalam- 0928187
Aadhar Card No. _________
At present in Judicial Custody,
Hathira Women’s Prison

Hathira, Natalam, 0928187
Versus
State (Through Hathira Police Station) ……Complainant/Respondent
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Sr. No. Particulars Page
nos.
1. Bail Application under section 439(1) CrPC against the order
dated 10/06/2020 passed by the LD. Judicial Magistrate 1st
Class at Hathira
2. Annexure-A is the copy of the Aadhar Card and the ID card
as issued by the Christ English School, Rantunk
3. Annexure-B is the copy of the FIR bearing no.9876/2020 of
Hathira Police Station.
4. Annexure-C is the copy of the Remand Application dated
05/06/2020 and the order passed therein.
5. Annexure-D is the copy of the Remand Application dated
10/06/2020 and the order passed therein.
6. Vakalatnama.
BEFORE THE HON’BLE SESSIONS COURT HATHIRA, NATALAM,
BA No. /2020 IN
CR Case No. 999/2020
(Hathira Police Station)
R A NO. 99/2020
u/s 420, 465, 467, 468, 471 IPC, 1860.
Pending Before the Ld. Judicial Magistrate 1st Class, Hathira, Natalam
Christina Feyana …… Applicant/Accused

(Aged: 35 years,)
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Occupation: Teacher,
Residing at: A/91, Ratunn Colony,

Village Road, Hathira(West),
Natalam- 0928187
Aadhar Card No. _________
At present in Judicial Custody,
Hathira Women’s Prison

Hathira, Natalam, 0928187
Versus
State (Through Hathira Police Station) ……Complainant/Respondent
Charge u/s 420, 465,

467, 468, 471, Indian
Penal Code, 1860.
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BAIL APPLICATION UNDER SECTION 439(1) CrPC AGAINST THE
ORDER DATED 10/06/2020 PASSED BY THE PENDING BEFORE THE LD.
JUDICIAL MAGISTRATE FIRST CLASS, HATHIRA,
MAY IT PLEASE THIS HON’BLE COURT:
On behalf of the Applicant/Accused it is most respectfully submitted as hereunder:
1. The Applicant is a 35 year old woman and is a qualified teacher by profession. She is gainfully
employed and she is working in Christ English School, Rantunk.
(Annexure-A is the copy of the Aadhar Card and the ID card as issued by Christ English
School, Rantunk)
2. The Applicant/Accused came to be arrested on 04/06/2020 and she was produced on

05/06/2020 by the Hathira Police before the Ld. Judicial Magistrate First Class, Hathira and
was remanded to Police Custody till 10/06/2020 for an alleged crime being CR No. 999/2020
of Hathira Police Station u/s 420, 465, 467, 468, 471 IPC, 1860.
(Annexure-B is the copy of the FIR bearing no. 9876/2020 of Hathira Police Station)
(Annexure-C is the copy of the Remand Application dated 05/06/2020 and the order
passed therein)
3. The Applicant was thereafter, produced on 10/06/2020 and she came to be remanded to Judicial
Custody by the said Ld. Magistrate.
(Annexure-D is the copy of the Remand Application dated 10/06/2020 and the order
passed therein)
4. The Applicant/Accused is a teacher by profession and she is falsely implicated in the above
mentioned case. She denies the allegations made against her and as such, is innocent.
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PROSECUTION CASE:
5. IT is It is the case of the prosecution that on the Complaint of Enizam Mazar , a Municipal
Employee that whilst they were recruiting people for the post of Laboratory Technician, in the
calendar year 2015, there were in all seven employees who were found to have resorted to
unfair means by producing fake qualification certificates for the purposes of obtaining such
post.
6. It is further the case of the prosecution that the seven persons had approached the Applicant
via some intermediaries and in turn, the Applicant had introduced those persons to one Venkat
Raman who is not arrested and such person had made the certificates which were allegedly
found to be false.
7. The case of the Applicant is of total denial. Her arrest is only out of spite and as such, such
arrest is against the violation of many such norms including a catena of Apex Court decisions.
The present applicant could have been made a witness instead of being termed as an Accused.
By arresting her, the full advantage has been given to the main culprits and absconding
accused. The present Applicant is a woman and is a teacher by profession and by no means
has any previous Criminal antecedents.
GROUNDS FOR BAIL:

a. The case is a stale case pertaining to the year 2015 to 2017 as per the FIR lodged by the
Police. The name of the Applicant does not feature in the list of Accused as
mentioned in the FIR.
b. The Applicant/Accused is neither a main Accused nor an accessory. At the most, she is
a witness.
c. The offences as alleged against her do not in any way fit in the role assigned to her. So,
the above sections and their applicability vis-a-vis the Applicant is totally ruled out. The
offences are exclusively triable by the metropolitan magistrate’s court.
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d. The Applicant/Accused is picked up from her work place under the guise of recording
her statement and is shown arrested. Incidentally, a witness summons u/s 160 of CrPC
was sent to her a few days ago and her statement was recorded. The present arrest is
therefore, a surprise and contrary to all the norms as laid down under the Law and she is
therefore, a victim of the evil machinations of the Police Department.
e. No property is to be recovered from her or alternatively, no such incriminating material
is to be recovered from her. The house of the Applicant is also searched and nothing
incriminating is found.
f. The Applicant has been in Police Custody for more than 5(five) days and was granted
Judicial Custody on 10/10/2019. The necessary investigation pertaining to the present
Applicant/Accused is complete.
g. The Applicant/Accused is a woman and as per proviso to section 437(ii) CrPC, be
released on bail if she is a woman. On a plain and bare reading of section 437
CrPC, the Applicant/Accused is entitled to bail. The Hon’ble Rajasthan High
Court in the case of Mt. Choksy v. The State AIR 1957 Raj 10 has also held that
granting bail to a woman accused of a non-bailable offence is not discriminatory.
h. The Applicant/Accused is a qualified teacher by profession. She is residing with her
father. Her father is an ex- serviceman and a senior citizen. She is the person who takes
care of her father and three younger sisters. She is a very religious person and law
abiding person belonging to Hindu Community. Her relatives are ready to stand as
sureties for her and vouch for her integrity and standing in society. She shall attend the
Police Station and adhere to any such reasonable condition(s) imposed on her. She shall
neither tamper with the evidence nor she shall intimidate the witnesses and she shall
undertake to comply with any such directions as imposed by this Hon’ble Court.
8. No other bail application is pending in any Court save and except the present bail application.
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PRAYER:-
IT IS MOST RESPECTFULLY PRAYED ON BEHALF OF THE

APPLICANT/ACCUSED THAT:
a. The Applicant/Accused may kindly be enlarged on bail subject to terms and conditions with
the option to furnish Cash bail in lieu of Surety as provided for in section 445 Cr.P.C.
b. Such other order in the interest of justice may be passed so that the ends of Justice shall be met
and served.
AND FOR THIS ACT OF KINDNESS THE APPLICANT/ ACCUSED SHALL EVERY
PRAY.
SOLEMNLY AFFIRMED AT HATHIRA ON THIS 26th DAY OF SEPTEMBER, 2020.
Hathira
26/09/2020
(____________)
Advocate for the Accused
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MODULE-XI
Anticipatory Bail
*By:- Aritraa Dhar
Of UPES School of Law, Dehradun
MEANING OF ANTICIPATORY BAIL

Anticipatory Bail is a special kind of bail which is provided in Section 438 of the Cr.P.C. The
term anticipatory bail means to grant bail before the person is arrested. When there is an
apprehension of arrest the person can filed for the anticipatory bail.
WHY THERE IS NEED FOR ANTICIPATORY BAIL?

The need for giving Anticipatory Bail emerges basically on the grounds that some of the
time compelling people attempt to ensnare their adversaries in bogus cases for the motivation
behind disfavoring them or for different purposes by getting them kept in prison for certain days.
As of late, with the complement of political competition, this propensity is giving indications of
consistent increment. Separated from bogus cases, where there is sensible reason for holding that
a individual blamed for an offense isn't probably going to flee, or in any case abuse his freedom,
while on bail, there appears to be no legitimization to require him first to submit to guardianship,
stay in jail for certain days and afterward apply for bail. The use of bail mechanism has been
extended further by taking into its fold a comparatively new concept.
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DIRECTION FOR GRANT OF BAIL TO PERSON APPREHENDING

ARREST UNDER SECTION 438 OF Cr.P.C.
(1) Where any person has reason to believe that he may be arrested on accusation of having
committed a non-bailable offence, he may apply to the High Court or the Court of Session for a
direction under this section that in the event of such arrest he shall be released on bail; and that
Court may, after taking into consideration, inter alia, the following factors, namely:-
 the nature and gravity of the accusation;

 the antecedents of the applicant including the fact as to whether he has previously undergone
imprisonment on conviction by a Court in respect of any cognizable offence;
 the possibility of the applicant to flee from justice; and.
 where the accusation has been made with the object of injuring or humiliating the applicant
by having him so arrested, either reject the application forthwith or issue an interim order for
the grant of anticipatory bail:
Provided that, where the High Court or, as the case may be, the Court of Session, has not passed
any interim order under this sub-section or has rejected the application for grant of anticipatory
bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the
applicant on the basis of the accusation apprehended in such application.
(1A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a
notice being not less than seven days’ notice, together with a copy of such order to be served on
the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor
a reasonable opportunity of being heard when the application shall be finally heard by the Court,
(1B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of
final hearing of the application and passing of final order by the Court, if on an application made
to it by the Public Prosecutor, the Court considers such presence necessary in the interest of
justice.
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(2) When the High Court or the Court of Session makes a direction under subsection (1), it may
include such conditions in such directions in the light of the facts of the particular case, as it may
think fit, including-
 a condition that the person shall make himself available for interrogation by a police
officer as and when required;
 a condition that the person shall not, directly or indirectly, make any inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer;
 a condition that the person shall not leave India without the previous permission of the
Court;
such other condition as may be imposed under sub-section (3) of section 437, as if the bail were
granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station
on such accusation, and is prepared either at the time of arrest or at any time while in the custody
of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of
such offence decides that a warrant should issue in the first instance against that person, he shall
issue a bailable warrant in conformity with the direction of the Court under sub-section (1).
WHO CAN APPLY FOR ANTICIPATORY BAIL?

A person “apprehending arrest by Magistrate for remanding him to custody under S.209 can
apply for anticipatory bail under Section 438. Where the accused apprehends arrest in view of
the fact that a non-bailable warrant has been issued against him on the basis of charge-sheet filed
against him, he can apply for anticipatory bail.
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MODEL SAMPLE OF ANTICIPATORY BAIL
IN THE COURT OF HON’BLE SESSIONS JUDGE, _____
Cr MP (M) No: ______ 2020
Application under Section 438 Cr.P.C
Mr. Ranjish
Versus
State of Uttarkand
First application under Section 438 for grant of anticipatory bail in case FIR No.
_208___ under Section 375 of Indian Penal Code.
The applicant/petitioner most respectfully submits as under: -
1. That the alleged charges of rape as abovementioned is against the applicant.

2. That the applicant has no nexus or connection with the above-mentioned
offence.
3. That the applicant Mr. Rajesh is a citizen of India and is aged about 34
years.
4. That the victim has alleged the applicant for the offence of rape near
Thakurpur road, Prem nagar around 10:00 AM.
5. That the applicant has not committed the offence of rape and the allegations
being charged on him is denied.
6. That the allegations in the FIR as alleged by the respondent party are wrong,
incorrect and concocted story made by the complainant.
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7. That no recovery is pending in the above-mentioned case and nothing is to be
recovered from the applicant.
8. That the applicant undertakes to join the investigation as and when required
by the police of police Station of Prem nagar.
9. That there is no apprehension for absconding or evading of taking trial.
10. That the applicant undertakes not to temper with the evidence or witnesses.
11. That the applicant undertakes to abide by all the terms and conditions as
imposed by the Hon’ble court in the event of bail.
12. That the applicant undertakes for not to hamper the bail and ready to
furnish the bail bonds of sound amount for the satisfaction of the Hon’ble
court.
13. That in such type of false cases the bail is rule and refusal of the bail will not
serve any purpose.
It is, therefore prayed that the applicant may kindly be

granted anticipatory bail in event of their arrest by the
police. Any other order which the court may deem fit
and proper in the facts and circumstances of the case
may also be passed in the favour of the applicant.
Dated: 26/09/20
Applicant/Petitioner
Through counsel:
Aritraa Dhar (Advocate)
[NOTE:- Affidavit to annexed]
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MODULE - XII
Public Interest Litigation

*By:- Fakhrul Islam Choudhury
CONCEPT OF PUBLIC INTEREST LITIGATION
Public Interest Litigation is not defined in any statutes, but Black Law Dictionary 6th Edition
define Public Interest’ as - Something in which the public, the community at large, has some
pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does
not mean anything so narrow as mere curiosity, or as the interests of the particular localities,
which may be affected by the matters in question.
Interest shared by citizens generally in affairs of local, state or national government...."
In simple language Public interest litigation can be defined as litigation in the interest of the
Public. Entered in judicial process in 1970s .This type of litigation was innovated by judges to
provide "equal access" to the unprivileged section of the society. The idea of PIL actio popularis
of the Roman Jurisprudence which allowed to access to every citizen in matters of public wrong.
In india the first PIL was filed in Mumbai Kamgar Sabha, Bombay vs. M/S Abdulbhai
Faizullabhai & Ors on, (1976) and then Hussainara Khatoon vs. State of Bihar (1979) the
Honourable Supreme Court ordered release of Under trial prisoners from the Jail.
PIL can be filed to the Supreme Court under Article 32 and to the High Court Under Article 226
of the Constitution of India.
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OBJECTIVE OF PIL
The main object of the PIL is to provide justice to people those who cannot move to Court,
Justice accessible to common people and Voicing People’s grievances through legal process.
GUIDELINES LAID DOWN BY HON’BLE SUPREME COURT
The Supreme Court of India have given some guidelines on which the Public Interest Litigation
can be filed are as follows:-
1) Neglected Children
2) Bonded Labour Matter.
3) Non-payment of minimum wages to workers and exploitation of casual labourer work and
also complaint relating to violation of labour laws.
4) Harassment of Jail inmates(not including petition for pay rule)
5) Atrocities against women special harassment of Bride, Bride burning, Rape, Murder,
Kidnapping etc.
6) Refusal of police to register case, harassment by Police and death in Police custody.
7) Harassment or tortures of villagers by Co-villagers or by Police from persons belonging to
Scheduled Castes and Scheduled tribes or Economically Backward Classes.
8) Petition from victim of Riots.
9) Petition relating to Family pension.
10) Environment Pollution, wildlife, and maintenance of heritage and Culture.
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MODEL SAMPLE OF PUBLIC INTEREST LITIGATION
BEFORE THE HO’BLE HIGH COURT OF GUWAHATI, DISPUR
Writ Petition (Civil) no. ……… of 2020.
IN THE MATTER BETWEEN:-
MNF FIRM working for the upliftment of

Public Rights throught Secretary
Mr. …………………………
Address. ………………. ……………….. Petitioner
Versus
1. …………………….
2. ……………………
3. …………………… …………………… Respondents
Public Interest Litigation under Article 226 of

the Constitution of India.
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To
The Ho’ble Chief Justice of Guwahati High Court
And his companion Justices in the
High Court of Guwahati.
MOST RESPECTFULLY SHOWETH:-
1. That the petitioner is anon profit making, public spirited organization devoted
for the use of public. The petition is filed by the petitioner through its Secretary.
The credential and authorization letters are annexed herewith as Annexure A.
2. That the petition is filed for the benefit of poor residents of Silchar Town who
are denied the basic facility of drinking water which is essential for life and
which is also the Fundamental Rights.
3. That the petitioner and persons for whose benefit is filed are the citizens of India
and hence they are entitled to maintain this petition before this Hon’ble Court
for the protection of the Fundamental Rights under Article 21, 14 and 32 of the
Constitution of India.
4. That in the event of the petition is allowed, it would benefit the citizen of Silchar.
BRIEF FACTS
5. That the situation relating to the drinking water in Silchar Town is pathetic one.
The people of the locality are under compulsion to drink muddy water which
resulting in different ailments to them.
6. That the water supply authorities are not supplying drinking water from last 6
months which results into crisis of the water in the locality. The water treatment
plants maintained by the Respondent no. 1 are not functioning from last 6
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months. (Copy of notice issued to the Authority attached herewith as Annexure
B).
7. That the crisis of water has resulted in the death of 27 persons and countless
numbers of persons are under treatment for various disease which was caused
by the muddy water.
8. That the respondent no. 1 is providing uninterrupted water supply to a
particular area of Town i.e………. which is inhabited by the influential peoples
of the town.
9. That the petitioner made several representation before the respondent no. 1 and
Respondent no. 2 for supply of drinking water. (Letter dater ………., …………,
………… is annexed as Annexure C, D and E)
10. That the petitioner also approached the Minister in Charge of Irrigation and
Public Health, Government of Assam but no result for the problem faced by the
citizen of the locality was provided by the Minister. (the correspondence is
attached as Annexure F)
11. That it is submitted that the right to drinking water is fundamental rights under
Article 21 of the Constitution of India. The act of the respondent nos. 1 and 2 is
the violation of Article 21 and action taken by respondent no. 1 for maintaining
the water supply of a particular area has violates the fundamental right
guaranteed under Article 14 of the Constitution of India.
Therefore, this Hon’ble Court may be pleased to issue appropriate action to
protect Article 14 and 21 of the Constitution of India.
12. That moreover the acts of the respondents are arbitrary and without any just
and without any excuse and therefore which violates Article 14 of the
Constitution of India.
13. That the petitioner has no other remedy except to approach this Hon’ble Court
by way of this Petition under Article 32 of the Constitution of India.
14. That the petitioner has not filed any other petition on the same subject matter
either in any High Court of States and in this Hon’ble Supreme Court of India
except this present petition.
15. That the annexures, photographs etc. are true and correct copies.
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16. That the petitioner reserves the right to amend, add, modify or set aside any
contents of this petition if so requires in the interest o justice.
It, is respectfully prayed before this Hon’ble Court that

keeping in the facts and circumstances mentioned hereinabove
this Hon’ble Court may be pleased to issue writ of Mandamus
or any other writ or direction or order Under Article 32 of
Constitution of India to protect the rights of the petitioner
guaranteed under Article 14 and 21 by directing the
respondents to provide fresh water in the locality.
Pending, hearing and final disposal on merit this Hon’ble court may be pleased to direct
respondents who is supplying drinking water through 20 water takers per day to the area.
Any other relief which this Hon’ble Court deems fit to pass for which the petitioner shall
remain obliged absolutely forever.
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MODULE- XIII
SPECIAL LEAVE PETITION

*By: - Muktadir Hussain Laskar
CONCEPT OF SPECIAL LEAVE PETITION

Special Leave Petition can be filed to the Supreme Court against any order, decree, Judgment,
determination, sentence passed by any Court or tribunal in India except Tribunal constituted
under Armed Forces Law.
Supreme Court can exercise wide and discretionary power under Article 136 by granting
Special Leave to appeal from any Court. In D.C. Mills vs. Commissioner of Income tax
W.B.,AIR 1955 SC 55) the court held that "it being an exceptional and overriding powers it has
to be exercised sparingly and with caution and only in special ordinary situations. Beyond that it
is not possible to fetter the exercise of this power by any set of formula or rule".
Appeal by Special Leave can also be granted in Criminal Cases too In Haripada Dey vs. State of
West Bengal (AIR 1956 SC 757) , the Supreme Court held that it will grant special leave only if
there has been gross miscarriage of justice or departure from legal procedure, such as, which
vitiates the whole trial or if the finding of fact were such as shocking to the judicial conscience of
the Court.
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PROVISIONS OF SLP UNDER INDIAN CONSTITUTION
Article 136 of the Constitution of India as follows:
136. Special leave to appeal by the Supreme Court---
(1) Notwithstanding anything in this chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in any
cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed
or made by any court or tribunal constituted by or under any law relating to the Armed forces.
The Supreme Court has a jurisdiction to entertain and hear appeals by granting special leave
against any kind of judgment or order made by any Court or Tribunal in any proceedings and the
exercise of this power is left entirely to the discretion of the Supreme Court.
WHEN SPECIAL LEAVE PETITION CAN BE FILED?

Special Leave petition filed in most of the Cases where Provision or rights for other types of
appeal is not available.
MODEL FORMAT OF SPECIAL LEAVE PETITION
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IN THE SUPREME COURT OF INDIA (NEW DELHI)

Civil Appellate Jurisdiction
Special Leave to Appeal (Civil) No. ... of 2020 (under Article 136 of the
Constitution of India).
BETWEEN POSITION OF THE PARTY
In the Guwahati High Court In this

Court
Mr.......... Son of. … .. … . . Respondent No 1 Petitioner
And
Mr........... S/o............... Appellant Respondent
To
The Hon'ble the Chief Justice of India,
And His Companion Justices of the
Hon'ble Supreme Court of India
The Special Leave Petition of the petitioner above-named
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MOST RESPECTFULLY SHEWETH:
1. That your petitioner desires to move the instant Special Leave petition before the
Hon'ble Supreme Court of India against the judgment and order passed by the Hon'ble
Division Bench of the Hon'ble Guwahati High Court dated. . in FMA No...... Of ......
2. Questions of Law
(Here set out the questions of law arising for consideration precisely.)
3. Declaration in terms of rule 4(2).
The Petitioner states that no other petition seeking leave to appeal has been filed by him
against the impugned judgment and order.
4. Declaration in terms of rule 6.
The Annexures produced along with the Special Leave Petition are true copies of the
documents which formed part of the records of the Case in the Court below against whose
order the leave to appeal is sought for in this petition.
5. Grounds
(Here specify the grounds precisely and clearly)
6. Ground for interim relief
(Here specify briefly the frounds on which interim relief is sought for)
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7. Main Prayers.
Under the circumstances stated hereinabove your petitioner most humbly and respectfully
prays that Your Lordships would graciously be pleased to grant Special Leave to your
petitioner to Appeal under Art. 136 of the Constitution of India against the judgement and
order passed by the Hon'ble Division Bench of Calcutta High Court in FMA No. . of...
and/or to pass such other or further orders as to this Hon'ble Court may deem fit and
proper
8. Interim Relief
(Here set out the interim prayer)
AND FOR THIS YOUR PETITIONER SHALL EVER PRAY.
Drawn by
Filed by
Advocate for the Petitioner
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REQUISITE CERTIFICATE
Certified that the Special Leave Petition is confined only to the pleadings before the court
whose order is challenged and the other documents relied upon in those proceedings. No
additional facts, documents, or grounds have been taken therein or relied upon in the
Special Leave Petition. It is further certified that the true copies of the documents have
been annexured and/ or attached to the Special Leave Petition for consideration of this
Hon'ble Court This certificate is given on the basis of the instructions given by the
petitioner whose affidavit is filed in support of the Special Leave Petition.
Filed by
Advocate for the Petitioner
[NOTE:- AFFIDAVIT TO BE ANNEXED.]
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MODULE- XIV
Writ Petition
By:- Ahmed Nawaj Laskar
AN ANALYSIS OF ARTICLE 32 OF THE CONSTITUTION OF INDIA

Article 32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may
be appropriate, for the enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution
AN ANALYSIS OF ARTICLE 226 OF THE CONSTITUTION OF INDIA
Article 226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the
territories in relation to which it exercise jurisdiction, to issue to any person or authority,
including in appropriate cases, any Government, within those territories directions, orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and
certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for
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any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government,
authority or person may also be exercised by any High Court exercising jurisdiction in relation to
the territories within which the cause of action, wholly or in part, arises for the exercise of such
power, notwithstanding that the seat of such Government or authority or the residence of such
person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in
any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ),
without
(a) furnishing to such party copies of such petition and all documents in support of the plea for
such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for
the vacation of such order and furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is received or from the date
on which the copy of such application is so furnished, whichever is later, or where the High
Court is closed on the last day of that period, before the expiry of the next day afterwards on
which the High Court is open; and if the application is not so disposed of, the interim order shall,
on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power
conferred on the Supreme court by clause ( 2 ) of Article 32
WHAT ARE THE FORMS OF WRIT?
1) HABEAS CORPUS: - Meaning " You may have the body" This is writ is issued in form of
order to call a person by whom another person is detained, the main motto of this writ is to give
speedy remedy to the person who is unlawfully detained.
2) MANDAMUS: - Means " The Order or Command" Writ of Mandamus by the Court in the
form of order or Command to a Public Officer to do a public duty.
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3) PROHIBITION: - Prohibition is issued to prevent the inferior court or tribunal from using
Jurisdiction which is not vested to it or acting against natural justice.
4) CERTIORARI: - Writs of Certiorari used by the Supreme Court or High Court to to an

Inferior court it may be used before trial to prevent excess of jurisdiction it may be invoked after
trial to quash an order which has been made exercising jurisdiction which is not vested in it or
against Natural justice.
5) QUO WARRANTO: - Quo warranto means "What is your Authority", through this writ a
person or office may be called on what Authority he is holding the post or office.
MODEL FORMAT OF WRIT PETITION
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 FORMAT I
IN THE SUPREME COURT OF INDIA (NEW DELHI)

Original Jurisdiction
Civil Writ Petition No. …….. of 2020
IN THE MATTER OF:-
Mr. ……………..
S/o. …………….
R/o. ………………. ……………… Petitioner
Versus
1. ………………..
2. ………………
3. …………….. ……………… Respondents
Petition Under Article 32 of the Constitution of India, for Issuance of

the writ in value of..........................(Habeas Corpus/Mandamus...etc. )
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To,
The Honourable Chief Justice of India
And his Companion Judges of the Supreme Court.
The Humble Petition of the petitioner above mention is are Under:-
I)Facts of the case

II) Question(s) of Law
III)Grounds on which petition is preferred
IV) Averment
That the present petitioner has not file any petition in any High Court or Supreme Court of
India on the subject matter of the Present petition.
V) Prayer
In the above premises it Is prayed that this Honourable Court may be pleased to
a) Issue the Writ of..........
b) Pass such order and further orders as may be deemed necessary on the facts and in
circumstances of the case.
For which act of kindness, The Petitioner shall as in duty bound, Ever pray.
Filed by
Petitioner in Person
Filed on........
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The writ petition should be accompanied by:-

I) Affidavit of the Petitioner duly sworn.
II) Annexures as referred to in the Writ Petition, Rs... Per annexure.
III) 1+5 Copies of the Writ Petition are required.
IV) Court fees.
V) Index
VI) Cover page
VII) Any Application to be filed.
VIII) Memo. Of Appearance.
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 FORMAT II
BEFORE THE HON’BLE HIGH COURT OF GUWAHATI, DISPUR
Original Criminal Jurisdiction
Writ Petition no. ……of 2020
IN THE MATTER OF:-
Aaulia Raan, aged about 56 years

S/o. Mulian Raan,
R/o- Rangirkhari, P.S. Silkron,
Dist. Hathira/Makhan
Phone. 99999999999 …………………….. PETITIONER
VERSUS
1. Officer-in-Charge
Lakhipur Police Station
Dist.- Cachar/Assam
2. S.P.
Dist. Cachar/Assam
3. The D.G.P.
Govt. of Assam
4. Secretary Department of Home
Govt. of Assam …………………. RESPONDENTS
Petition for the issuance of writ of Habeas

Corpus Under Article 226 of the Constitution of
India.
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To,
The Hon’ble Chief Justice of Guwahati High Court
and his companion Judges of Guwahati High Court.
MOST RESPECTFULLY SHOWETH
1. That the petitioner is a resident of ……..and living peacefully at his resident at

the place abovementioned.
2. That on dated…….. , respondent no. 1 i.e. the Officer-in-Charge of the police
station ……..arrested the petitioner from his house on the allegation of Sedition
under Section 124A of the Indian Penal Code, 1860. Copy of the arrest memo is
annexed herewith as Annexure A.
3. That the petitioner was not presented before the Magistrate even after the
completion of 48 hours from the arrest.
4. That on dated……. The petitioner requested the Officer-in-Charge of…….Police
Station to present him before the Magistrate as per the procedure.
5. That the petitioner was not allowed to contract his legal counsel and any of his
family member.
6. That the act of the officer-in-Charge of the police station is arbitrary and
contrary to the existing provision of law.
7. That the petitioner through application to higher police officials of the district
brought the fact of illegal arrest in their notice. The SP of Cachar without
knowing the fact immediately rejected the application given by the petitioner
and made no order/ direction to the Officer-in-Charge of the police station.
(Copy of the application attached as Annexure B)
8. That the petitioner is being guilt treated in the custody and he is compelled to
live in inhuman conditions.
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GROUNDS
1. That the act of the respondent no. 1 is illegal and violation of fundamental right
guaranteed under Article 21 of the Constitution of India
2. That the act of respondent no.2 is also not inconformity with the provisions of law
and as such is violative of the petitioner rights.
3. That the respondent nos. 3 and 4 being the Supervisory Authority are also
responsible for the violation of the petitioner rights.
That the petitioner has not filed any other petition in any High Court or the
Supreme Court except the present one.
It, is therefore, respectfully prayed before this Hon’ble

Court that keeping in view the facts and circumstances
and the submissions made hereinafter this Hon’ble
Court may be pleased to issue a writ in the nature of
Habeas Corpus to the respondents and release the
petitioner from illegal custody and the compensation as
this Hon’ble Court deems fits on the fact and
circumstances for which the petitioner shall pray
forever.
Petitioner
Through Counsel
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MODULE- XV
NOTICE
*By- Wahidul Islam Choudhury
WHAT DO YOU MEAN BY NOTICE?
Notice can be defined as an information or fact relating to a matter addressed to a person or

group of persons. In simple language it can also be said as a person actually know the matter.
TYPES OF NOTICE
a) Actual notice
b) Constructive Notice
ACTUAL NOTICE: - Actual notice must be definite information given by a person interested
in the thing in respect of which the notice is issued. A person said to have actual notice of the
fact when he actually knows it.
CONSTRUCTIVE NOTICE: - Constructive notice is also known as implied notice.

Constructive notice is the knowledge which the Courts impute party upon a presumption so
strong that it cannot be allowed to be rebutted that knowledge must have communicated.
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Classification of Constructive Notice:-
1. Wilful abstention from inquiry or search
2. Gross negligence
3. Registration
4. Actual possession
5. Notice to agent
6. State of property amounts to notice.
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NOTICE UNDER SECTION 138 OF N.I. ACT, 1881
To,
Mr. James
S/o. ……………
R/o………………..
From,
Wahidul Choudhury,
For and on behalf of my client namely Nazo, S/o ………………, R/o. ……………
Under instruction from and on behalf of Mr. Nazo, S/o. ……… ( hereinafter to be
referred as my client), I would like to address you as follows:-
1. That to discharge your liability towards my client. You have issued a cheque
bearing cheque no….. dated ……… for Rs. ….of ……..Bank.
2. That the abovementioned cheque was presented by my client for payment
realization through his Bank….. to your Banker ……… But the above mentioned
cheque has dishonored by the ………Bank with remarks “Insufficient Funds” in
your bank account vide memo dated………
3. That you have willfully, knowingly and deliberately cheated my client by issuing
above mentioned cheque, as such my client is constrained to issue this legal notice to
you.
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You are, therefore, requested to make the payment of the above stated
dishonored cheque i.e. Rs……..to my client along with interest @10%
per annum within 15 days from the receipt of this notice. Failing
which I have got full instructions from my client to filed a complaint
against you under Section 138 of the Negotiable Instrument Act, 1881
in the competent Court of law and also in that event you shall be
responsible for all cost and consequences which shall be incurred by
my client.
Thanking You
Wahidul Choudhury
Advocate
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NOTICE UNDER SECTION 80 OF CODE OF CIVIL PROCEDURE
To,
1. ……………………
2. ……………………..
3. ……………………
Sub: - Legal notice u/s 80 of C.P.C
Sir,
Under instructions from and on behalf of Mr.______, S/o_________, R/o_______, Dist.-

Cachar/Assam (here in after referred as my client), I have the honour to serve upon you
this Legal notice as follows –
1. That my client was appointed as Trained Graduate Teacher (TGT) in the Pay scale
of 10-300-34000 with grade pay of Rs. 4600 in Lakhipur M.E. School on dated
_______ and is presently drawing Rs. _____ as monthly salary.
2. That there is a wrong and incorrect, illegal deduction of Rs. 5000 from the salary of
my client from dated ______.
3. That my client was not informed about the deduction made from his salary.
4. That no official communication has been made to my client by your department.
5. That my client has given a written representation to the director Education with the
copy to secretary Dept. of Education, Govt. of Assam relating to the illegal
deduction made from the salary of my client on dated______.
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6. That there is no communication from the office of Director Education Govt. of
Assam relating to the representation given by my client.
7. That on dated______ my client has also given remainder of the same representation
(as discussed above) to the office of Director Education Govt. of Assam.
8. That the illegal deduction from the salary of my client is still continued without any
justification and order from the authority.
9. That my client is a bona fide, honest hard working employee of govt. serving the
Dept. of Education in the State of Assam.
10. That there is no complaint against my client and there is also no administrative
pending against my client. Hence there is no logic in the deduction of salary of my
client.
11. That the illegal and wrong deduction caused by department from the salary of my
client is a breach of trust.
You are therefore, here by requested to stop the illegal deduction

from the salary of my client and remember the entire amount i.e. Rs
______ to my client within a period of 60 days from the receipt of this
notice. Failure in compliance of this notice will lead to the legal
proceedings in the competent court of laws for which you shall be
liable, if any In such event all costs and consequences you shall be
liable.
Original sent, copy retained for farther necessary legal action.
Thanking You,
(Advocate)
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MODULE- XVI
Execution Petition
*By:- Mansi Gugale
Thakur Ramnarayan College of Law, Mumbai
WHAT IS EXECUTION?
The term “EXECUTION “has not been defined in the code. EXECUTION simply means the
process of enforcing or giving effect to the judgement of the court. Provisions of the
EXECUTION of Decree and orders dealt with the Sections 36 to 74 and Order XXI of the Part II
of the CIVIL PROCEDURE CODE, 1908. EXECUTION is the enforcement of a Decree by a
judicial process which enables the decree – holder to realize the fruits of the decree and
judgement passes by the competent court in his favour. The execution is complete when the
decree holder gets money or whichever thing awarded to him by the judgement, decree, or order
of the court.
LEGAL PROVISIONS UNDER C.P.C., 1908
The principles governing execution of decrees and orders are dealt with in Sections 36 to 74 and
Order 21 of the Code which contains 106 Rules.
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CLASSIFICATION OF SECTIONS 36-74
 EXECUTION
SECTION 36 IS APPLICATION TO ORDERS
SECTION 37 IS DEFINATION OF COURT WHICH PASSED A DECREE
Section 36 and 37 explains about the procedure of application of the orders and The
Court which can perform the execution of the decree.
 COURTS BY WHICH DECREES MAY BE EXECUTED
SECTION 38 IS COURTS BY WHICH DECREES MAY BE EXECUTED
This section says that only a court who passed the decree or the court which decree is
sent for the execution can execute the decree.
SECTION 39 IS TRANSFER OF DECREE
This section explains about the procedure of the transfer of the decree. If the decree
holder sent an application to the court which passed a decree, then it can for execution to
another court with some terms and conditions.
SECTION 40 IS TRANSFER OF DECREE TO COURT IN ANOTHER STATE
For the transfer of decree to court in another state, the decree should be executed as
prescribed by rules in force in that state.
SECTION 41 IS RERSULT OF EXECUTION PROCEEDING TO BE
CERTIFIED.
This section simply says about the result of the execution proceeding to be certified.
SECTION 42 IS POWERS OF COURT IN EXECUTING TRANSFERRED
DECREE
The court of the transferred decree shall have the same power as if the decree had been
passed by itself. The court has powers to punish disobeying persons. With a view to
avoiding unnecessary delay in execution proceedings, section 42 has been amended to
confer powers on the court to which a decree is transmitted for execution to exercise, the
necessary powers.
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SECTION 43 IS EXECUTION OF DECREES PASSED BY CIVIL COURTS IN
PLACES TO WHICH THIS CODE DOES NOT EXTEND.
The decree will be executed in the manner of the jurisdiction any court in the territories to
which this code extends.
SECTION 44 IS EXECUTION OF DECREES PASSED BY REVENUE COURTS
IN PLACES TO WHICH THIS CODE DOES NOT EXTEND.
In such case, the decree may be executed in the state it had been passed by the court, in
that state.
SECTION 44A IS EXECUTION OF DECREES PASSED BY COURTS IN
RECIPROCATING TERRITORY
SECTION 45 IS EXECUTION OF DECREES OUTSIDE INDIA
This section empowers a court to send a decree for execution to another court. It shall be
constructed as empowering a court in any state to send a decree for execution to any court
established by the authority of the central government (outside India) to which the state
government has notification the official gazette declared this section to apply.
 COMMENT
Section 43 to 45 empowers the courts in India to execute the decrees of the courts of
outside India and the Revenue courts of India where the code does not extend. DECREE
OF THE COURTS IN INDIA IN THE STATE TO WHICH SECTION 45 IS MADE
APPLICABLE BY NOTIFICATION OF THE CENTRAL GIOVERMENT. [Kishan Das
v. Indo-Carnatic Bank Ltd, 1958]
SECTION 46 IS PRECEPTS
Section 46 explains the command or principle intended especially as a general rule of
action upon the application of the decree holder.
 QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
SECTION 47 IS QUESTIONS TO BE DETERMINED BY THE COURT
EXECUTING DECRERE- All questions arising between the parties shall be
determining by the court executing the decree and not by a separate suit. Sub section (2)
of section 47 omitted by CPC AMMENDMENT ACT NO. 104 of 1976, sec 20.
 LIMIT OF TIME FOR EXECUTION
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SECTION 48 OMITTED BY SECTION 28 OF THE LIMITATION ACT 1963 (36
OF 1963)
 TRANSFEREES AND LEGAL REPRESENTATIVES
SECTION 49 IS TRANSFEREE
Every transferee of a decree shall hold the same subject to the queries if any which the
judgement-debtor might have enforced against the original decree holder.
SECTION 50 IS LEGAL REPRESENTATIVE
It explains about the position of legal representative if any judgement-debtor dies before
the decree has been satisfied.
 PROCEDURE IN EXECUTION
SECTION 51 IS POWERS OF COURT TO ENFORCE EXECUTION
In subject to such conditions and limitations, like selling without attachment of any
property or by arrest and detention in prison, by appointing a receiver then the Court
may, on the applications of the decree-holder, order execution of the decree. Also, the
court should satisfied with the reason by giving the judgement-debtor an opportunity of
showing cause why he should not be committed to prison. These are some of the powers
of the Court.
SECTION 52 IS ENFORCEMENT OF DECREE AGAINST LEGAL
REPRESENTATIVE.
A decree may be executed by the attachment and sale of any property where the decree is
for the payment of money out of the property of the deceased when the decree is passed
against the legal representative.
SECTION 53 IS LIABILITY OF ANCESTRAL PROPERTY
Section 53 tells about who will be held liable for the ancestral property.
SECTION 54 IS PARTITION OF ESTATE OR SEPERATION OF SHARE
The partition of the undivided of estate or the separation shall be made by the collector or
any subordinate of the collector deputed by him in his behalf if the estate assessed to the
payment of revenue to the government.
 ARREST AND DETENTION
SECTION 55 IS ARREST AND DETENTION
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This section provides the procedure and purpose of making an arrest and detention under
the section.
SECTION 56 IS PROHIBITION OF ARREST OR DETENTION OF WOMEN IN
EXECUTION OF DECREE FOR MONEY
SECTION 57 IS SUBSISTENCE ALLOWANCE
SECTION 58 IS DETENTION AND RELEASE
The section talks about the detention and release process with the order of the court. This
section is amended by CPC Amendment Act,1976.
SECTION 59 IS RELEASE ON GROUND OF ILLNESS
At any time after a warrant for the arrest of a judgement-debtor has been issued, the court
may cancel it on the ground of his serious illness.
 ATTACHMENT
SECTION 60 IS PROPERTY LIABLE TO ATTACHMENT AND SALE IN
EXECUTION OF DECREE
Section 60 talks about which are liable and which are not liable for the attachments.
Lands, houses, other buildings, goods, money, bank notes, cheques, bills of exchange,
hundis, promissory notes, government security bonds, or other securities for money,
debts, shares in a corporation and save as hereinafter mentioned, all other saleable
property, movable or immovable, belonging to the judgement-debtor, or over or which, or
the profits of which, he has a disposing power which he may exercise for his own benefit,
whether the same be held in the name of the judgement-debtor or by another person in
trust for him or on his behalf are the properties liable to attachment and sale in execution
of a decree.
The necessary wearing apparel, cooking vessels, the wages of labourers and
domestic servants, whether payable in money or kind, all moneys payable under a policy
of insurance on the life of the judgement-debtor, right to future maintenance are the
example of some things which shall not be liable to such attachment or sale.
SECTION 61 IS PARTIAL EXEMPTION OF AGRITURAL PRODUCE
This section explains about the exemption of any class of agricultural produce to be
exempted from liability to attachment or sale in execution of a decree with some
conditions.
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SECTION 62 IS SEIZURE OF PROPERTY IN DWELLING-HOUSE
This section states the rules and regulations of the seizure of property in the dwelling-
house.
SECTION 63 IS PROPERTY ATTACHED IN EXECUTION OF DECREES OF
SEVERAL COURTS.
Where property not in the custody of any court is under attachment in execution of
decrees of more than one court, the court which shall receive such property and shall
determine any claim there to any objection to the attachment thereof shall be the court of
highest grade or where there is no difference in grade between such courts, the court
under whose decree the property was first attached.
Nothing in this section shall be deemed to invalidate any proceedings taken by
a court executing one of such decrees.
SECTION 64 IS PRIVATE ALIENATION OF PROPRTY AFTER
ATTACHMENT TO BE VOID
For the purpose of this section claims enforceable under an attachment includes claims
for the rateable distribution of assets.
SECTION 65 IS PURCHASERS TITLE
Where immovable property is hold in execution of a decree and such sale has become
absolute, the property shall be deemed to have vested in the purchaser from the time
when the sales becomes absolute.
SECTION 66 IS SUIT AGAINST PURCHASER NOT MAINATAINABLE ON
GROUND OF PURCHASE BEING ON BEHALF OF PLAINTIFF.
Explains that if a suit is filled against purchaser on the ground of purchase being on
behalf of plaintiff will not be maintainable. The section has been amended to add an
additional bar, namely a bar in relation to defense based on any right in respect of any
property held whether against the person in whose name of the property in held or against
any other person.
SECTION 67 IS POWER OF STATE GOVERNMENT TO MAKE RULES AS TO
SALES OF LAND IN EXECUTION OF DECREES FOR PAYMENT OF MONEY.
This section gives power to state government to make rules as to sales of land in
execution of decrees for payment of money.
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 DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES

AGAINST IMMOVABLE PROPERTY
SECTION 68-72 REPEALED BY THE CODE OF CIVIL PROCEDURE
(AMENDEMENT) ACT,1956 (6 OF 1956), SEC. 7.
 DISTRIBUTION OF ASSETS
SECTION 73 IS PROCEEDS OF EXECUTION SALE TO BE RATEABLY
DISTRIBUTED AMONG DECREE-HOLDERS.
Where all are any of the assets liable to be rateably distributed under this section are paid
to a person not entitled to receive the same, any person so entitled may sue such person to
compel him to refund the assets. Nothing in this section affects any right of the
government.
 RESISTANCE TO EXECUTION
SECTION 74 IS RESISTANCE TO EXECUTION
Where the court is satisfied that the holder of a decree for the possession of immoveable
property or that the purchaser of the immoveable property sold in execution of a decree
has been resisted or obstructed in obtaining possession of the property by the judgement-
debtor or some person on his behalf and that such resistance or obstruction was without
any just cause ,the Court may ,at the instance of the decree- holder or purchaser ,order the
judgement debtor or such other person to be detained in the civil prison for a term which
may extend to thirty days and may further direct that the decree holder or the purchaser
be put into possession of the property.
CLASSIFICATION OF ORDER XXI
 PAYMENT UNDER A DECREE

RULE NO. 1 IS FOR THE MODES OF PAYING MONEY UNDER DECREE
First rule explains about the modes of payment of all money, payable under a decree.
Money can be paid by deposit into the court, sent to the court by postal money. Out of the
court, payment can be done in order but the payment should be evidenced in writing.
RULE NO. 2 IS FOR THE PAYMENT OUT OF COURT TO DECREE HOLDER
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If decree holder is receiving payment out of the court, then the decree holder shall certify
such payment and court shall record such accordingly.
By CPC AMENDMENT ACT, 1976, a new rule is added where a payment
or adjustment which has not been certified or recorded, shall not be recognized by any
court executing the decree.
 COURTS EXECUTING DECREES
RULE NO. 3 IS FOR THE LANDS SITUATE IN MORE THAN ONE
JURISDICTION
Any one court may attach and sale the entire estate or tenure.
RULE NO. 4 IS FOR TRANSFER TO COURT OF SMALL CAUSES
Decree is transferred to court of small causes when the plaint did not exceed the value of
Rupees two thousand.
RULE NO. 5 IS FOR THE MODE OF TRANSFER.
RULE NO. 6 IS FOR THE PROCEDURE WHERE COURT DESIRES THAT ITS
OWN DECREE SHALL BE EXECUTED BY ANOTHER COURT
If the court desires that its own decree shall be executed by another court then the court
should send a copy of the decree or copy of any order for the execution of the decree.
RULE NO. 7 IS FOR THE COURTS RECEIVING COPIES OF THE DECREE,
ETC. TO FILE SAME WITHOUT PROFF.
RULE NO. 8 IS FOR THE EXECUTION OF A DECREE OR ORDER TO BY
COURT TO WHICH IT IS SENT
RULE NO. 9 IS FOR THE EXECUTION BY HIGH COURT OF A DECREE
TRANSFERRED BY OTHER COURT
RULE NO. 10 IS FOR THE APPLICATION FOR EXECUTION
This rule explains about how to apply for the execution of a decree. What are the rules
and procedure should be followed at the time of the execution.
RULE NO. 11 IS FOR THE ORAL APPLICATONS
(1) ORAL APPLICATION
(2) WRITTEN APPLICATION
This rule for the application of a decree, explains the rule for both the oral and written
application. If the decree is for the payment of the money the court execute on the
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oral application of the decree-holder but otherwise every application for the execution
of a decree shall be in writing and verified by the applicant to the satisfaction of the
court.
RULE NO. 11A IS FOR THE APPLICATION FOR ARREST TO STATE
GROUNDS
RULE NO. 12 IS FOR THE APPLICATION FOR ATTACHMENT OF
MOVABLE PROPERTY NOT IN JUDGEMENTS-DEBTOR POSSESSION
The decree holder shall annex to the application an inventory of the property to be
attached and containing a reasonably accurate description of the same.
RULE NO 13 IS FOR THE APPLICATIONS FOR ATTACHMENT OF
MOVABLE PROPERTY TO CONTAIN CERTAIN PARTICULARS
A description of such property shall be sufficient to identify the immovable property.
RULE NO 14 IS FOR THE POWER TO REQUIRE CERTIFIED EXTRACT
FROM COLLECTORS REGISTER IN CERTAIN CASES
If the land which is registered in the office of the collector is made for the attachment,
then the court may require certified extract from collector.
RULE NO 15 IS FOR THE APPLICATION FOR EXECUTION BY JOINT-
DECREE HOLDER
If decree imposes any condition to contrary, then application for the execution of the
whole decree for the benefit of them all.
RULE NO 16 IS FOR THE APPLICATION FOR EXECUTION BY
TRANSFEREE OF DECREE
Notices of such application shall be given to the transfer or and the judgement-debtor.
RULE NO 17 IS FOR THE PROCEDURE ON RECEIVING APPLICATION FOR
EXECUTION OF DECREE
If the requirements of rules have not been complied with the application, then it shall be
remedied within a time given. The court shall reject the application if the defect is not so
remedied. It explains whole procedure on receiving application for execution of decree.
RULE NO. 18 IS FOR THE EXECUTION IN CASE OF CROSS-DECREES
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This rule is about execution in case of cross-decrees where the two sums can be equal or
the two sums can be unequal. This rule shall not be deemed to apply unless the sums due
under the decrees are definite.
RULE NO. 19 IS FOR THE EXECUTIONS IN CASE OF CROSS-CLAIMS
UNDER SAME DECREES
In this rule, application is made to a court for the execution of a decree under two parties
which are entitled to recover sums of money from each other.
RULE NO.20 IS FOR THE CROSS DECREES AND CROSS CLAIMS IN
MORTAGE SUITS
RULE NO. 21 IS FOR THE SIMOULTAMEOUS EXECUTION
RULE NO.22 IS FOR THE NOTICE TO SHOW CAUSE AGAINST EXECUTION
IN CERTAIN CASES
This rule states some cases where the court can give notice to show the cause against
execution. For example, cases where an application for execution is made more than two
years after the date of the decree.
RULE NO.22A IS A SALE NOT TO BE SET ASIDE ON THE DEATH OF THE
JUDGEMENT DEBTOR BEFORE THE SALE BUT AFTER THE SERVICE OF
THE PROCLAIMATRION OF THE SALE
This is a new rule added by the CIVIL PROCEDURE AMENDMENT ACT, 1976.
RULE NO.23 IS PROCEDURE AFTER ISSUE OF NOTICE.
 PROCESS OF EXECUTION
RULE NO.24 IS FOR THE PROCESS OF EXECUUTION
In the process of execution, every process shall bear date the day on which it is issued,
and shall be signed by the judge or such officer as the court may appoint in this behalf,
and shall be sealed with the seal of the court and delivered to the proper officer to be
executed.
RULE NO. 25 IS FOR THE ENDORSEMENT ON PROCESS
If officer is unable to process the court shall examine him, and if it thinks fit, summon
and examine witnesses as to such inability, and shall record the results.
RULE NO. 26 IS WHEN COURT MAY STAY EXECUTION
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Before making an order to stay execution or for the restitution of property or the
discharge of the judgement debtor, the court shall require such security from, or impose
such conditions upon, the judgement-debtor as it thinks fit.
RULE NO. 27 IS FOR THE LIABILITY OF JUDGEMENT-DEBTOR
DISCCHARGED.
RULE NO. 28 IS ORDER OF COURT WHICH PASSED A DECREE OR OF
APPELLATE COURT TO BE BINDING UPON COURT APPLIED TO
This rule explained that any order of the court by which the decree was passed, or of such
court of appeal as aforesaid, in relation to the execution of such decree, shall be binding
upon the court to which the DECREE WAS SENT FOR EXECUTION.
RULE NO. 29 IS STAY OF EXECUTION PENDING SUIT BETWEEN DECREE-
HOLDER AND JUDGEMENT-DEBTOR.
This rule provided that if the decree is one for payment of money, the court shall, if it
grants stay without requiring security, record its reason for so doing.
 MODE OF EXECUTION
RULE NO. 30 IS FOR THE DECREE FOR PAYMENT OF MONEY
Every decree for the payment of the money may be executed by the detention in civil
prison of the judgement debtor, or by attachment and sale of his property or by both.
RULE NO 31 IS FOR THE DECREE FOR SPECIFIC MOVABLE PROPERTY
Every decree for the payment of the money, including a decree for the payment of the
money as the alternative of some other relief, may be executed by the detention in the
civil prison of the judgement-debtor, or by the attachment and sale of his property, or by
both.
RULE NO. 32 IS DECREE FOR SPECIFIC PERFORMANCES FOR
RESTITUTION OF CONJUGAL RIGHTS, OR FOR AN INJUNCTIONS.
The decree may be enforced by the attachment of the property of the corporation where
the party against whom a decree for specific performance of for an injunction has been
passed is a corporation. Where the judgement-debtor has obeyed the decree and paid all
costs of executing the same which he is bound to pay, or where, at the end of six months
from the date of attachment, no application to have property sold has been made, or if
made has been refused, the attachment shall cease.
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RULE NO. 33 IS DISCRITION OF COURT IN EXECUTING DECREES FOR
RESTITUION OF CONJUGAL RIGHTS
Any money order to be paid under this rule may be recovered as though it were payable
under a decree for the payment of money.
RULE NO. 34 IS FOR THE DECREE FOR EXECUTION OF DOCUMENT, OR
ENDORSEMENT OF NEGOTIABLE INSTRUMENT
If the judgement debtor neglects or refuses to obey the decree is for the execution of a
document or for the endorsement of a negotiable instrument, the decree-holder may
prepare a draft of the document, in accordance with the terms of the decree and deliver
the same to the court.
RULE NO. 35 IS FOR THE DECREE FOR IMMOVABLE PROPERTY
Possession shall be delivered to whom the property has been adjudged, or to such person
may as he may appoint to receive delivery on his behalf, if the decree is for the delivery
of any immovable property.
RULE NO. 36 IS FOR THE DECREE FOR DELIVERY OF IMMOVABLE
PROPERTY WHEN IN OCCUPANCY OF TENENT
Court shall order delivery to be made by affixing a copy of the warrant in some
conspicuous place on the property, proclaiming to the occupant by beat of drum or other
customary mode if the delivery of immovable property is in the occupancy of tenant.
 ARREST AND DETENTION IN THE CIVIL PRISON
RULE NO. 37 IS DISCRETIONARY POWER TO PERMIT JUDGEMENT-
DEBTOR TO SHOW CAUSE AGAINST DETTENTION IN PRISION
The judgement-debtor, who is liable to arrest in pursuance of the application, the court
shall issue a notice instead of arrest warrant. The notice is not necessary if the court is
satisfied by the affidavits.
RULE NO. 38 IS WARRANT FOR ARREST TO DIRECT JUDGEMENT-
DEBTOR TO BE BRAUGHT UP
RULE NO. 39 IS FOR THE SUBSISTANCE ALLOWANCE
The decree-holder pays into court such sum as the judge thinks sufficient for the
subsistence of the judgement debtor, can not be arrested in the execution of a decree.
There are more rules of subsistence allowance explained in the rule no. 39.
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RULE NO. 40 IS PROCEEDINGS ON APPERANCE OF JUDGEMENT-DEBTOR
IN OBEDIENCE TO NOTICE OR AFTER ARREST
This rule explains about how should be the proceedings on appearance of judgement-
debtor in obedience to notice or arrest. Court shall proceed to hear the decree-holder and
then give judgement-debtor an opportunity of showing cause of his side. A judgement
debtor released under the rule given in sub-rule (3) of rule (40) may be rearrested
 ATTACHMENT AND PROPERTY
RULE NO. 41 IS EXAMINATION OF JUDGEMENT-DEBTOR AS TO HIS
PROPERTY
In this rule, the decree may apply to court for an order that judgement-debtor or
corporation as a judgement-debtor or any other person to be orally examined. The court
may take an order for the attendance and examination of such judgement debtor for the
production of any books or documents.
RULE NO. 42 IS FOR THE ATTACHMENT IN CASE OF DECREE FOR RENT
OR MESNE PROFITS OR OTHER MATTER, AMOUNT OF WHICH TO BE
SUBSEQUENTLY DETERMINED
RULE NO. 43 IS FOR THE ATTACHMENT OF MOVABLE PROPERTY,
OTHER THAN AGRICULTURAL PRODUCE, IN POSSESSION OF
JUDGEMENT-DEBTOR
The attachment shall be made by actual seizure, and the attaching officer shall keep the
property in his own custody.
RULE NO. 43A IS CUSTODY OF MOVABLE PROPERTY
This is a new rule added by C.P.C Amendment Act, 1976. New rule 43A is intended to
make provision regarding enforcement of the liability against the person to whom
attached movable property is entrusted. The new rule makes such custodian liable to the
person interested in the property and provides for the enforcement of the liability against
him.
RULE NO. 44 IS ATTACHMENT OF AGRICULTURAL PRODUCE
Where the property to be attached is agricultural produce, the attachment shall be made
by affixing a copy of the warrant of the attachment, where such produce is a growing
crop on the land on which such has crop has grown.
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RULE NO. 45 IS PROVISION AS TO AGRICULTURAL PRODUCE UNDER
ATTACHMENT
Agricultural produce attached as a growing crop shall not be deemed to have ceased to be
under attachment or to require reattachment merely because it has been served from the
soil. A growing crop which from its nature does not admit of being stored shall not be
attached under this rule at any time less than twenty days before the time at which it is
likely to be fit to be cut or gathered.
RULE NO. 46 IS ATTACHMENT OF DEBT, SHARE AND OTHER PROPERTY
NOT IN POSSESSION OF JUDGEMENT-DEBTOR
In case, a debt is not secured by a negotiable instrument, the attachment made by a
written order with some prohibitions.
RULE NO. 46A IS NOTICE TO GARNISHEE
The court may in case of a debt other than a debt secured by a mortgage or a charge
which has been attached under rule 46, upon the application of attaching creditor, issue
notice to the garnishee liable to pay such debt, calling upon him either to pay into court
the debt due from him to the judgement debtor or so much thereof as may be sufficient to
satisfy the decree and cost of execution, or to appear and show cause why he should not
do so.
RULE NO. 46B IS ORDER AGAINST GARNISHEE
This is a new rule added by the C.P.C Amendment Act, 1976.
RULE NO. 46C IS TRIAL OF DISPUTED QUESTIONS
Where the garnishee disputes liability, the court may order that any issue or question
necessary for the determination of liability shall be tried as if it were an issue of a suit,
and upon the determination of such issue shall make such order or orders as it deems fit.
RULE NO. 46D IS PROCEDURE WHERE DEBT BELONGS TO THIRD
PERSON
RULE NO. 46E IS FOR THE ORDER AS REGARDS THIRD PERSON
RULE NO. 46F IS PAYMENT BY GARNISHEE TO BE VALID DISCHARGE
RULE NO. 46G IS FOR COSTS
RULE NO. 46H IS FOR APPEALS
RULE NO. 46I IS FOR APPLICATION TO NEGOTIABLE INSTRUMENTS
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RULE NO. 47 IS ATTACHMENT OF SHARES IN MOVABLE
The attachment shall be made by a notice to the judgement-debtor.
RULE NO. 48 IS ATTACHMENT OF SALARY OR ALLOWNACE OF
SERVANT OF THE GOVERNMENT OR RAILWAY COMPANY OR LOCAL
AUTHORITY
There are rules for attachments of salary or allowances of servant of the government or
railway company or local authority. Where the attachable proportion of such salary or
allowances is already being withheld and remitted to a court in pursuance of previous and
unsatisfied order of attachment, the officer appointed by the appropriate government in
this behalf shall forthwith return the subsequent order to the court issuing it with a full
statement of all the particulars of the existing attachment.
RULE NO. 48A IS ATTACHMENT OF SALARY OR ALLOWANCES OF
PRIVATE EMPLOYEE
This rule has been introduced by C.P.C Amendment act, 1976 to provide for the
procedure of attachments of salary and allowances of the employees employed by private
employers.
RULE NO. 49 IS ATTACHMENT OF PARTNERSHIP PROPERTY
The other partner or partners shall be at liberty at any time to redeem the interest charged
or the case of sale being directed to purchase the same.
RULE NO. 50 IS EXECUTION OF DECREES AGAINST FIRM
Where the decree has been passed against a firm, execution may be granted against any
person who has been individually served as a partner with a summons and has failed to
appear.
RULE NO. 51 IS ATTACHMENT OF NEGOTIABLE INSTRUMENTS
RULE NO. 52 IS ATTACHMENT OF PROPERTY IN CUSTODY OF COURT OR
PUBLIC OFFICER
The property is in the custody of the court, any question of title or priority arising
between the decree-holder and any person, not being the judgement-debtor claiming to be
interested in such property by virtue of any assignment, attachment or otherwise shall be
determined by such court.
RULE NO. 53 IS ATTACHMENT OF DECREES
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In this rule, various sub rules are explained for the attachment under the property to be
attached is a decree, either fort the payment of money, or for sale in enforcement of a
mortgage or charge. Such attachment made by order of a same court who passed a
decree.
RULE NO. 54 IS ATTACHMENT OF IMMOVABLE PROPERTY
Where the property is immovable, the attachment shall be made by an order prohibiting
the judgement-debtor from transferring or changing the property in any way, and all
persons from taking any benefit from such transfer or charge.
RULE NO. 55 IS REMOVAL OF ATTACHMENT AFTER SATISFACTION OF
DECREES
In case of immovable property, the attachment shall be deemed to be withdrawn.
RULE NO. 56 IS ORDER FOR PAYMENT OF COIN OR CURRENCY NOTES
TO PARTY ENTITILED UNDER DECREE
RULE NO. 57 IS DETERMINATION OF ATACHMENT
This rule has been substituted by C.P.C Amendment Act, 1976.
 ADJUDICATIONOF CLAIMS AND OBJECTIONS
RULE NO. 58 IS ADJUDICATION OF CLAIMS TO, OR OBJECTIONS TO
ATTACHMENT OF, PROPERTY
Where any claim, or objection has been adjudicated upon under this rule the order made
thereon shall have same force and be subject to same conditions as to appeal or otherwise
as if it were a decree.
RULE NO. 59 IS STAY OF SALE
If the attached property had already been advertised for sale where before the claim was
preferred or the objection was made, the court may order postponing the sale pending,if it
is a movable property. If it is immovable, then the court may order that the property shall
not be sold.
RULE NO. 60 IS RELEASE OF PROPERTY FROM ATTACHMENT
RULE NO.61 IS DISALLOWENCE OF CLAIM TO PROPERTY ATTACHED
RULE NO. 62 IS CONTINUENCE OF ATTACHMENT SUBJECT TO CLAIM OF
INCUMBRANCER
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RULE NO. 63 IS SANVING OF SUITS TO ESTASHBLISH RIGHT TO ATTACH
PROPERTY
RULE NO. 60,61,62,63ARE REPLACED BY CODE OF CIVIL PROCEDURE
AMENDMEND ACT OF 1976, SECTION 72
 SALE GENREALLY
RULE NO. 64 IS POWER TO ORDER PROPERTY ATTACHED TO BE SOLD
AND PROCEEDS TO BE PAID TP PERSON ENTITLED
RULE NO. 65 IS SALE BY HOME CONDUCTED AND HOW MADE
RULE NO. 66 IS PROCLAIMATION OF SALE BY PUBLIC AUCTION
This rule provided that where notice of the date of selling the terms of the proclamation
has been given to the judgement-debtor by means of an order under rule 54, it shall not be
necessary to give notice under this rule to the judgement-debtor unless the court
otherwise directs.
RULE NO. 67 IS FOR THE MODE OF MAKING PROCLAMATION
Every proclamation shall be made and published as nearly as may be in the manner
prescribed by rule 54, subrule 2.
RULE NO. 68 IS TIME FOR SALE
Rule 68 has been amended by C.P.C Amendment Act, 1976 to reduce the interval
between the proclamation of the sale and actual sale.
RULE NO. 69 IS ADJOURNMENT OR STOPPAGE OF SALE
This rule provided that where the sale is made in or within the precincts of the court-
house, no such adjournment shall be made without the leave of the court.
RULE NO. 70 IS SAVING FOR CERTAIN SALES
THIS RULE IS REPLACED BY THE CODE OF CIVIL PROCEDURE
(AMENDMENT) ACT, 1956 (66 OF 1956) SECTION 14.
RULE NO. 71 IS DEFAULTING PURCHASER ANSWERABLE FOR LOSS ON
RESALE
RULE NO. 72 IS DECREE HOLDER NOT TO BID FOR OR BUY PROPERTY
WITHOUT PERMISSION
No holder of a decree in execution of which property is sold shall without the express
permission of the court, bid for or purchase the property.
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RULE NO. 72A IS MORTGAGE NOT BID AT SALE WITHOUT OR LEAVE OF
THE COURT
New rule 72A is being inserted to provide that when leave is granted to the mortgage
decree holder to bid for the sale a reserved price should be fixed so that the mortgage
may not take an undue advantage by purchasing the mortgaged property at a lower price
and then pursuing other remedies to recover the balance of the amount of the decree.
RULE NO. 73 IS RESTRICTION ON BIDDING OR PURCHASED BY
OFFICERS
This rule states that no officer or other person having any duty to perform in connection
with any sale shall, ither directly or indirectly, bid for, acquire or attempt to acquire
Any interest in the property sold.
 SALE OF MOVEABLE PROPERTY
RULE NO. 74 IS SALE OF AGRICULTURAL PRODUCE
This rule provided that the court may direct the sale to be held at the nearest place of
public resort, if it is of opinion that the produce is there by likely to sell to greater
advantage.
RULE NO. 75 IS FOR THE SPECIAL PROVISION RELATING TO GROWING
CROPS
Where the crop from its nature does not admit of being stored, it may be sold before it is
cut and gathered, and the purchaser shall be entitled to enter on the land, and to do all that
is necessary for the purpose of tending and cutting or gathering it.
RULE NO. 76 IS NEGOTIABLE INSTRUMENTS AND SHARES IN
CORPORETIONS
RULE NO. 77 IS SALE BY PUBLIC AUCTION
Where movable property sold by public auction the price of each lot shall be paid at the
time of sale or as soon as the officer or other person holding the sale directs, and in
default of payment the property shall forthwith be resold.
RULE NO. 78 IS IRREGULARITY NOT TO WITIATE SALE BUT ANT
PERSON INJUIRED MAY SUE
Any person sustaining any injury by reason of irregularity at the hand of any other person
may institute a suit against him for compensation.
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RULE NO. 79 IS DELIEVERY OF MOVANLE PROPERTY, DEBTS AND
SHARES.
Where the property sold is movable property in the possession of some person other than
the judgement-debtor, the delivery thereof to the purchaser shall be made by giving to the
person in possession prohibiting from delivering possession of the property to any person
except the purchaser.
RULE NO. 80 IS TRANSFER OF NEGOTIABLE INSTRUMENTS AND SHARES
RULE NO. 81 IS VESTING ORDER IS THE CASE OF OTHER PROPERTY
 SALE OF IMMOVEABLE PROPERTY
RULE NO. 82 IS WHAT COURTS MAY ORDER SALES
RULE NO. 83 IS POSTPONEMENT OF SALE TO ENABLE JUDGEMENT
DEBTOR TO RAISE AMOUNT OF DECREE
In such case, the court shall grant a certificate to judgement-debtor authorizing within a
period to be mentioned therein, and notwithstanding anything contained in section 64, to
make the proposed mortgage lease or sale.
RULE NO. 84 IS DEPOSIT BY PURCHASER AND RESALE ON DEFAULT
Where the decree holder is the purchaser and is entitled to set off the purchase-money
under 72, the court may dispense with the requirements of this rule.
RULE NO. 85 IS TIME FOR PAYMENT IN FULL OF PURCHASE MONEY
RULE NO. 86 IS PROCEDURE IN DEFAULT OF PAYMENT
RULE NO. 87 IS NOTIFICATION ON RESALE
RULE NO. 88 IS BID OF CO-SHARER TO HAVE PREFERENCE
RULE NO. 89 IS APPLICATION TO SET ASIDE SALE ON DEPOSIT
New rule 89 deals with setting aside of sale on deposit of the amount specified in the
proclamation of sale less the amount already paid and the payment to the purchaser five
percent of the purchase money.
RULE NO. 90 IS APPLICATION TO SET ASIDE SALE ON GROUND OF
IRREGULARITY OR FRAUD
Low application to set aside a sale under this rule shall be entertained upon any ground
which the application could have taken on or before the date on which the proclamation
of sale was drawn up.
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The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a
ground for setting aside a sale under this rule
This rule has been amended to provide that a sale shall not be set aside on the ground of
an irregularity or fraud unless the applicant has sustained a substantial injury by reasons
of such irregularity or fraud.
RULE NO. 91 IS APPLICATION BY PURCHASER TO SET ASIDE SALE ON
GROUND OF JUDGMENT-DEBTOR HAVING NO SALEABLE INTEREST
RULE NO. 92 IS SALE WHEN TO BECOME ABSOLUTE OR BE SET ASIDE
Some important provisions of this rule are-
1. Where any property is sold in execution of a decree pending the final disposal of any
claim to, or any objection to the attachment of such property, the court shall not
confirm such sale until the final disposal of such claim or objection.
2. No order shall be made under this rule shall be brought by any person against whom
such order is made.
RULE NO. 93 RETURN OF PURCHASE MONEY IN CERTAIN CASES
RULE NO. 94 IS CERTIFICATE PURCHASER
RULE NO. 95 DELIVERY OF PROPERTY IN OCCUPANCY OF JUDGEMENT-

DEBTOR
RULE NO. 96 IS DELIVERY OF PROPERTY IN OCCUPANCY OF TENANT
 RESISTANCE TO DELIVARY OF POSSESION TO DECREE-HOLDER OR

PURCHASER
RULE NO. 97 IS RESISTANCE OR OBSTRUCTION TO POSSESSION OF
IMMOVABLE PROPERTY
Where the holder of the decree for the possession of immovable property or the purchaser
of any such property sold in execution of a decree is registered or obstructed by any
person in obtaining possession of the property, he may make an application to the court
complaining of such resistance or obstruction.
RULE NO. 98 IS ORDERS AFTER ADJUDICATION
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Upon the determination of the questions refer to in the rule 101, the court shall, in
accordance with such determination and subject to the provision of the sub-rule(2), make
an order allowing the application and directing that the applicant be put into the
possession of the property or dismissing the application, or pass such other order as, in
the circumstances of the case, it may deem fit.
RULE NO. 99 IS DISPOSSESSION BY DECREE HOLDER OR PURCHASEER
Where any such application is made, the court shall proceed to adjudicate upon the
application in accordance with the provisions herein contained.
RULE NO. 100 IS ORDER TO BE PASSED UPON APPLICATION

COMPLAINING OF DISPOSSESSION
The court shall in accordance with determination, make an order allowing the application
and directing that the applicant be put into the possession of the property or dismissing
the application, or pass such other order as, in the circumstances of the case, it may deem
fit.
RULE NO. 101 IS QUESTION TO BE DETERMINED
RULE NO. 102 IS RULES NOT APPLICABLE TO TRANSFEREE

PENDENTELITE
In this rule, “transfer” includes a transfer by operation of law
RULE NO. 103 IS ORDERS TO BE TREATED AS DECREES
RULE NO. 104 IS ORDER UNDER RULE 101 OR 103 TO BE SUBJECT TO THE
RESULT OF PAINDING SUIT
New rule has been added to save the results of any suit which may be pending on the date
of commencement of the proceeding under rule 101 or 103.
RULE NO. 105 IS HEARING OF APPLICATIONS
RULE NO. 106 IS SETTING ASIDE ORDERS PASSED EX PARTE, ETC.
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No order shall be made under sub-rule (1) unless notice of the notice of the application
has been served on the other party.
An application under sub-rule (1) shall be made within thirty days from the date of the
order, or where, in the case of an ex parte order, the notice was not duly served, within
thirty days from that date when the applicant had the knowledge of the order.
MODEL FORMAT OF EXECUTION PETITION
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IN THE HON’BLE COURT OF DISTRICT JUDGE, SAMILNAGAR
EXECUTION NO……/2020
IN THE MATTER OF:
ASSAM POWER TRANSIMISSION CORPORATION LTD.
TL & SS DIVISION,
APTCL, MUNIRABAD
HATHIRAI DISTRICT ………DECREE HOLDER
VERSUS
MR. ADANAM
S/O HAJIK
KUMREHERA VILLEGE
HATHIRAI DISTRICT ……..JUDGEMENT DEBTOR
DATED
The decree holder prays for the execution of a decree for the particulars whereof are stated in
column hereunder –
MVC NO. 440 OF 2019
ASSAM POWER
TRANSIMISSION
CORPORATION LTD.
TL & SS DIVISION,
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APTCL, MUNIRABAD
HATIRAI DISTRICT
……DECREE HOLDER
MR. ADANAM
S/O HAJIK
KUMREHERA VILLEGE
HATHIRAI DISTRICT
……..JUDGEMENT
DEBTOR
13.1.2019
NOT KNOWN
NO
NOT KNOWN
DECREE OF RS. 9,00,000/-

WITH COST OF INTEREST
@6% P.A FROM THE DATE
OF COMPLAINT I.E
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31.03.2018 TILL THE DATE

OF FILLING THIS PETITION.
(e) amount of cost if allowed by court 623/-
(f) against whom execution is sought J.D
(g) cost of copies 50/-
(h) present execution cost 50/-
(i)in what manner court assistance is To be filled up

sought
Judgement debtor
The decree holder most humbly prays
1. That on 16.10.2017 at about 1 pm, the judgement-debtor driver of vehicle no. AP-
56/E-1800 driving in a rash manner. He rammed against an electric power due to
which tower collapsed and fell down on the said vehicle.
2. That this accident damaged the adjacent towers and interrupted the power supply for
15 days.
3. That the collapsed tower was separated from the said vehicle by crane at the cost of
40000/- rupees, paid by the decree holder.
4. That total expenditure incurred by decree holder is 8,00,000 + 40,000 =8,40,000.
5. That scrap value of collapsed tower which was sold in public auction is 10,000 rupees
and the final amount reached is 8,40,000-10000= 8,40,000-10,000=8,30,000
6. That execution petition no. 140/2020 was subsequently filed before the hon’ble
district judge Hathirai, seeking transfer of decree dated 23.1.2019 passed by the
hon’ble MACT-II, Hathirai to the hon’ble district judge, HATHIRAI, A.P.
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7. That on 6.02.2019 the Hon’ble MACT-II, district judge Hathirai issued a certificate
of execution of a decree and certificate of non-satisfaction of decree in favour of the
decree holder.
In view of about said facts and circumstances it is therefore most respectfully prayed
that this Hon’ble court may kindly be pleased to;
a) ( to be filled )
b) Pass such order and or further order as this Hon’ble court may deem fit and
proper in the facts and circumstances of the case.
Pass accordingly,
SIGNATURE OF THE DECREE HOLDER
HATHIRAI,
VERIFICATION:
I, the above named decree holder de hereby verify that the contents of this
application are true to my knowledge and belief. Verified at HATHIRAI on
this October, 2020
SIGNATURE OF THE DECREE HOLDER
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MODULE- XVII
First Appeal under Code of Civil Procedure, 1908

*By:- Himanshu Choudhury
Of Amity Law School, Noida
MEANING OF APPEAL
The term ‘appeal’ nowhere has been defined under the CPC. The Black’s Law Dictionary, while
construing the concept of ‘appeal’ in its most original and natural sense, explains it as “the
complaint to a superior court for an injustice done or error committed by an inferior one, whose
judgment or decision the Court above is called upon to correct or reverse. It is the removal of a
cause from a Court of inferior jurisdiction to one of superior jurisdiction, for the purpose of
obtaining a review and retrial”.
RIGHT TO APPEAL
The right to appeal is a statutory & substantive one. The statutory nature of an appeal implies
that it has to be specifically conferred by a statute along with the operative appellate machinery
as opposed to the right to institute a suit, which is an inherent right. It is substantive in the sense
that it has to be taken prospectively unless provided otherwise by any statute. This right could be
waived off via an agreement, and if a party accepts the benefits under a decree, it can be
estopped from challenging its legality. However, an appeal accrues to the law as found on the
date of the institution of the original suit.
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ONE RIGHT TO APPEAL
Section 96 of the CPC provides that an aggrieved party to any decree, which was passed by a
Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a
higher authority designated for this purpose, unless the provisions of any statute make an
exception for it. Section 97, 98 and 102 of the CPC enumerate certain conditions under which no
further appeal is permitted, hence attributing to a single right of appeal.
FIRST APPEAL
Section 96 of the CPC provides that an appeal shall lie from a decree passed by any Court
exercising original jurisdiction to the authorized appellate Courts, except where expressly
prohibited. A combined reading of Sections 2(2), 2(9), & 96 of the CPC indicates that a regular
First appeal may/may not be maintainable against certain adjudications.
SECOND APPEAL
Section 100 provides for a second appeal under this code. It states that an appeal shall lie to the
High Court from a decree passed in the first appeal by a subordinate Court, excepting the
provisions speaking to the contrary.
WHO MAY APPEAL?
A regular first appeal may be preferred by one of the following:
 Any party to the suit adversely affected by a decree, or if such party is dead, by his legal
representatives under Section 146;
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 A transferee of the interest of such party, who so far as such interest is concerned, is
bound by the decree, provided his name is entered on the record of the suit;
 An auction purchaser may appeal against an order in execution setting aside the sale on
the ground of fraud;
 No other person, unless he is a party to the suit, is entitled to appeal under Section 96.
 A person, who is not a party to the suit, may prefer an appeal from a decree/order if he’s
bound/aggrieved/prejudicially affected by it via special leave of the appellate Court.
WHO CANNOT APPEAL?
A party who waives his/her right to prefer an appeal against a judgment cannot file it at a later
stage. Further, as inferred from Scrutton L.J.’s words:
“It startles me that a person can say the judgment is wrong and at the same time accept the
payment under the judgment as being right….In my opinion, you cannot take the benefit of
judgment as being good and then appeal against it as being bad”,
If a party ratifies any decision of the Court by accepting and acknowledging the provisions under
it, it may be estopped from appealing that judgment in a higher forum.
THE APPEAL AGAINST EX PARTE DECREE
In the first appeal under Section 96(2), the defendant on the merits of the suit can contend that
the materials brought on record by the plaintiff were insufficient for passing a decree in his
favour or that the suit was not otherwise maintainable. Alternatively, an application may be
presented to set aside such ex parte decree (it is a decree passed against a defendant in absentia).
Both of these remedies are concurrent in nature. Moreover, in an appeal against an ex parte
decree, the appellate court is competent to go into the question of the propriety or otherwise of
the ex parte decree passed by the trial court.
148 | P a g e
NO APPEAL AGAINST CONSENT DECREE
Section 96(3), based on the broad principle of estoppel, declares that no decree passed by the
consent of the parties shall be appealable. However, an appeal lies against a consent decree
where the ground of attack is that the consent decree is unlawful being in contravention of a
statute or that the council had no authority.
NO APPEAL IN PETTY CASES
Section 96(4) bars appeals except on points of law in cases where the value of the subject-matter
of the original suit does not exceed Rs. 10,000, as cognizable by the Court of Small Causes. The
underlying objective of this provision is to reduce the number of appeals in petty cases.
THE APPEAL AGAINST A DEAD PERSON
A person who has unknowingly filed an appeal against a person who was dead at the time of its
presentation shall have a remedy of filing an appeal afresh against the legal heirs of such
deceased in compliance of the Limitation Act.
1. Forms of appeal
2. Appeals may be broadly classified into two kinds:
3. First appeal; and
4. Second appeal.
5. The sub-categories under appeals are:
6. Appeal from original decree;
7. Appeal from order;
8. Appeal from appellate decree/second appeal/to High Court;
9. Appeal to the Supreme Court.
149 | P a g e
FORUM OF APPEAL
It is the amount/value of the subject-matter of the suit which determines the forum in which the
suit is to be filed, and the forum of appeal. The first appeal lies to the District Court if the value
of the subject matter of the suit is below Rs. 2,00,000; and to the High Court in all other cases.
DUTIES OF AN APPELLATE COURT
The appellate Court has a duty to analyze the factual position in the background of principles of
law involved and then decide the appeal.
 To provide cogent reasons for setting aside a judgment of an inferior Court.

 To delve into the question of limitation under Section 3(1) of the Limitation Act.
 To decide the appeal in compliance with the scope & powers conferred on it under
Section 96 r/w O.XLI, R.31 of the CPC.
Section 100A expressly bars a Letters Patent Appeal from an order of a learned Single Judge of
the High Court, on/after 01/07/2002, in an appeal arising from an original/appellate decree. The
bar is absolute & applies to all such appellate orders.
MODEL FORMAT OF FIRST APPEAL
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BEFORE THE LD. DISTRICT JUDGE, CACHAR/ ASSAM

Appeal no. ________of 2020
IN THE MATTER OF:-
A________ Appellant
V/s
B________ Respondent
Appeal under section 96 of the C.P.C. read with sec. 21 of

Assam Courts Act,1877 against the judgment/ decree dated
______ passed by the Ld. Civil Judge, Court no. 1, Dist.-
Cachar/ Assam in Civil suit no. ______ of 2020.
Respected sir,
The appellant are as under :-
Being aggrieved by and dissatisfied with the judgment/ decree dated _______ by the Ld.
Civil Judge, Court no._______, Dist.- Cachar/Assam in Civil suit no. ________ of 2020 the
appellant begs to prefer this appeal on the following grounds :-
Grounds of Appeal
1. That the judgment and decree under appeal is both against the law and facts on the
file.
2. That the Ld. Court below has based his finding simply on the surmises, conjectures
and hypothesis and the same is also against the principle of natural justice.
3. That the Ld. Trial Court has misinterpreted the evidence and misappreciated the
evidence and misinterpreted the provisions of law while passing the impugned
judgment and decree.
151 | P a g e
4. That the Ld. Trial court has wrongly and illegally discredited the testimonial of the
witnesses examined of the appellant. The Ld. Court below has wrongly and illegally
decided the issue no. 1 and 2. The plaintiff/appellant has proved his ownership and
possession not only by oral evidence related as PW1/A, PW2/B etc.
5. That the defendant/respondent is a stranger and has no right from any title or
interest over the suit land from his encroachment and interference has been proved
by plaintiff/appellant. The Ld. Court below has committed a grave error of law
while dismissing the suit of plaintiff.
6. That the encroachment has been proved by the spot map has executed as PW1/D.
There is no revertal of the same by the defendant/respondent.
7. That more submissions will be made at the time of arguments.
8. That the appeal has been preferred within the period of limitation after deducting
the time spent for obtaining copies of judgment/decree.
It is, therefore, respectfully prayed before this Ld. Court that

keeping in view the fact and circumstances and the
submissions made hereinabove this appeal may be kindly
allow and the judgment/ decree passed by the Ld. Trial Court
may be set aside. A decree granting mandatory injunction may
kindly be passed in favour of appellant and against the
respondent in the interest of justice and justice be done.
Certified copy of judgment is attached herewith.
Appellant
Through Counsel
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BIBLIOGRAPHY
A. BOOKS :
1) Dutta, C.R. , Das, M.N. , Desouza’s Forms and Precedents of CONVEYANCING, Eastern
Law Home
2) Chaturvedi R.N. , Pleadings , Drafting and Conveyancing
3) Takwani C.K. , Civil Procedure with Limitation Act , 1963 (EBC Publication : Lucknow,
8 th Edn. , reprinted 2020)
4) Pandey Dr.J.N. Constitutional Law of India, Central Law Agency, Allahabad-2
5) Kumar H.L. , Legal Drafting, Universal Law Puishing, New Delhi- India
6) K .Jain Dr.Ashok , Law Guide for Judicial Service Examination, Ascent Publication, Delhi-
0007
7) Ratanlal & Dhirajlal,The Code of Criminal Procedure, Lexisnexis
8) Sir D.F. Mulla, The Code of Civil Procedure, 19th Edition, Vol. 3, Lexis Nexis, 2017.
9) Avtar Singh, Sale of Goods Act, Eastern Book Company
10) Paras Diwan and Peeyushi Diwan, Law of Contract(2014)
11) M. Krishnan Nair, Law of Contract, Academy of Legal Publicitions
12) Dr. N. Krishna Kumar, Rank File for Munsiff Magistrate Examinations, Law Book Centre
(2018)
13) Tripathi, Dr. G.P. , The Transfer of Property Act, Central Law Publications
14) Bagga Deepak, The Code of Civil Procedure, J.N. Bagga Pioneer Publishing Co.,
15) Myneni, Dr. S.R. Criminal Procedure Code, Allahabad Law Agency
B. STATUTES REFERRED:
1) The Code of Criminal Procedure,1973
2) Code Of Civil Procedure , 1908
3) Civil Rules of Practice and Circular Orders , 1980
153 | P a g e
4) Transfer of Property Act,1882
5) Negotiable Instruments Act,1881
C. RESEARCH PAPERS AND ARTICLES

1) ‘Interlocutory Application’ by Y. Sriniyasa Rao Judge
2)‘Interlocutory Applications and Orders under Civil Procedure’ by Ankur Kumar
3) ‘What are Interlocutory Applications?’ By Lachlan Ward
4) G.Manohara Reddy , “ Enquiries And Order In Interlocutory Applications, Temporaty
Injunctions, Attachment before Judgment, Appointment Of Commissioners And
Receivers”
………………………………………………..
154 | P a g e

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MNF LAW FIRM SMART NOTES 2020

SMART NOTES ON DRAFTING,

MNF LAW FIRM

Contact us: - mnflawfirm@gmail.com

TEAM MNF LAW FIRM

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ABOUT MNF LAW FIRM

We will also focus on providing various opportunities to the students fraternity by

MNF LAW FIRM

PREFACE TO THIS VOLUME

Thank you and regards !

FAKHRUL ISLAM CHOUDHURY AHMED NAWAJ LASKAR

Editor of this Volume Associate Editor of this Volume

Place:- MNF LAW FIRM

i) Meaning and definition of Drafting

MODULE II:- PLAINT …………….. 15

MODULE III:- WRITTEN STATEMENT …………….. 23

i) What is meant by Written Statement?

MODULE IV:- INTERLOCUTORY APPLICATION ………….. 30

v) Model Format of Interlocutory Application

MODULE V:- PARTNERSHIP DEED ……………….. 41

MODULE VI:- SALE DEED ………………… 51

MODULE VII:- LEASE DEED …………………. 56

MODULE VIII:- AFFIDAVIT ……………….. 61

MODULE IX:- COMPLAINT …………………. 68

i) What does Complaint mean?

MODULE XI:- ANTICIPATORY BAIL ……………….. 88

i) Meaning of anticipatory Bail

MODULE XII:- PUBLIC INTEREST LITIGATION ………………. 93

MODULE XIII:- SPECIAL LEAVE PETITION ………………. 99

i)Concept of Special Leave Petition

MODULE XIV:- WRIT PETITION ………………. 105

i) An analysis of Article 32 of the Constitution of India

MODULE XV:- NOTICE ………………. 114

i) What do mean by Notice?

MODULE XVI:- EXECUTION PETITION ……………… 120

ii) Legal Provisions Under Code of Civil Procedure, 1908

iii) Classification of Sections 36 to 74 of C.P.C. 1908

MODULE XVII:- FIRST APPEAL UNDER C.P.C., 1908 …………….. 146

State of Bombay v. Purushottam Jog Naik, AIR 1952 SC 317

MEANING AND DEFINITION OF DRAFTING

IMPORTANCE OF DRAFTING IN LEGAL PROFESSION

RULES LAID DOWN BY E.L. PISSE AND GILCHRIST SMITH

GENERAL PRINCIPLES OF DRAFTING

ANALYSIS OF ORDER VII (PLAINT) OF THE CIVIL PROCEDURE CODE, 1908

1. Rules 1 to 8 dealing specifically with the particulars of a plaint.

WHAT IS THE FORM OE THE PLAINT?

1. Title and Heading

IN WHAT CIRCUMSTANCES A PLAINT MAY BE REJECTED

1. Where plaint does not disclose cause of action.

2. Where relief claimed is undervalued.

3. Where plaint is insufficient stamped.

4. Where suit is barred by law.

5. Where plaint is not in duplicate.

6. Where there is non-compliance with statutory provisions.