Module 2

MODULE 2
SUIT FOR PART-PERFORMANCE OF THE

CONTRACT
SUIT FOR SPECIFIC PERFORMANCE OF THE

CONTRACT
Parties to a contract must perform their contractual obligations otherwise they can be sued for
non-performance. Specific performance is a discretionary order made by a court wherein a
party to a contract must perform a specific action as outlined in an existent contract. Specific
performance can refer to any kind of forced action, though it is usually enforced so as to
complete a transaction that had been previously agreed to.
One of the reasons the court orders specific performance is because in some contracts damages
cannot be remedied by money or where the true amount of damages is not clear. The most
common example of such contract is a contract for a sale of property, for instance, mere
monetary damages may not remedy the purchaser’s situation.
ELEMENTS INVOLVED IN A SUIT FOR SPECIFIC PERFORMANCE
The following elements are considered by the court while examining specific performance suit.
These are as follows:
 Valid Contract
 Unregistered agreement of sale
 Conduct of the parties
 Readiness and Willingness of parties
 Time is essence of contract
 Adding parties in specific performance suit
WHERE A SUIT FOR SPECIFIC PERFORMANCE CAN BE

ENFORCED?
The specific Relief Act, 1877 clearly states in section 12, cases in which a party can claim
performance of contract. As already stated that it’s a discretionary right but at the same time
court always presume that the breach of contract of immovable property cannot be
compensated in term of money. Although it’s a rebutable presumption so party has to
established his case while standing on it’s own ground. The cases are as under:
1. When the act agreed to be done is in the performance, wholly or partly, of

a trust;
2. When there] exists no standard for ascertaining the actual damage caused
by non-performance of the act agreed to be done;
3. When the act agreed to be done is such that pecuniary compensation for its
non-performance would not afford adequate relief; or
4. When it is probable that pecuniary compensation cannot be got for the
non-performance of the act agreed to be done.
CASE LAWS:
In 2016, the Supreme Court in Robin Ramjibhai Patel v. Anandibai Rama @ Rajaram Pawar
& Ors. [SLP (C) No. 31087 of 2014] reiterated that when a plaintiff wants to implead certain
persons as defendants in a suit for specific performance on the ground that they may be
adversely affected by the outcome of the suit, then interest of justice also requires allowing
such a prayer for impleadment so that the persons likely to be affected are aware of the
proceedings and may take appropriate defence as suited to their vendors.
The court also observed that the necessary parties in a suit for specific performance of a contract
for sale are not only parties to the contract or their legal representatives, but also a person who
had purchased the contracted property from the vendor.
SAMPLE:
IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.
In the matter of:

ASR son of AGR resident of H. No. _, Block No. _,___Road near __ Bridge, Tehsil and
District Rawalpindi.
…Plaintiff
Versus
1. TA wife of AJS resident of Flat No. _, Crescent Apartment Block __, __ Iqbal, Tehsil
and District Karachi Sharqi.
2. Bahria Town, through its Chief Executive, Rawalpindi.
3. Bahria Town, Transfer Branch, through its Incharge.
…Defendants
SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT

INJUNCTION.
Respectfully Sheweth,
1. That the defendant No. 1 is owner in possession of a plot No. _, measuring 250 Sq
Yards, situated at St No. ___, Category General Phase V, Bahria Town, Rawalpindi
vide registration No. ___. (copies of allotment letter along with possession certificates
are annexed herewith for the kind perusal of this Honorable Court).
2. That the plaintiff and defendant No. 1 entered into an agreement with regard to the sale
of the said plot on 15-04-2009 for total consideration amount of Rs. 23,25,000/-
including charges of site plan and other utility charges and the defendant No. 1 received
Rs. 200,000/- as earnest money from the plaintiff in presence of witnesses and for
remaining amount of Rs. 21,25,000/-, the date was fixed for payment as 30-04-2009.
3. That it was also settled between the plaintiff and defendant No. 1 that in case of failure
on the part of the plaintiff to pay the remaining amount to the defendant No. 1, the
earnest money would be forfeited while if the defendant No. 1 failed to transfer the said
plot in favor of the plaintiff after getting total amount, the defendant No. 1 would be
responsible to pay the double of the amount, which she received from the plaintiff and
the defendant No. 1 will have no objection, if the plaintiff get transferred the said plot
in his favor through the court of competent jurisdiction.
4. That thereafter, the plaintiff requested the defendant No. 1 that he is ready to pay the
remaining amount before the stipulated period and in this regard the plaintiff also
deposited the remaining amount in the bank and prepared a bank draft and requested
her to transfer the said plot in accordance with the agreement dated 15-04-2009 but she
not only received the amount but also refused to transfer the said plot in favor of the
plaintiff.
5. That the said act on the part of the defendant No. 1 is illegal, unlawful, improper and
against the all cannons of justice. Moreover, the said act on the part of the defendant
No. 1 is based upon malafide intention and ulterior motives.
6. That the plaintiff number of times, requested the defendant No. 1 to fulfill her part of
obligations in accordance with the written agreement dated 15-04-2009, who once
again refused to receive the amount in respect of above mentioned land.
7. Tat the plaintiff is ready to perform his part of agreement, as his earlier payments
supports his version but the defendant No. 1 without any justification is reluctant to
transfer the suit land in favor of the plaintiff.
8. That now it came into the knowledge of the plaintiff that the defendant NO. 1 who is
having very cordial relations in the Bahria Town’s Office is trying to transfer the said
plot in favor of some-one-else while making collusion with the defendants No. 2 & 3.
9. That the plaintiff contacted the defendant No. 2 & 3 and asked about the factual position
with regard to the agreement and requested them to refrain from transferring the
ownership of the said plot in any manner whatsoever in favor of any persons except the
plaintiff but in vain.
10. That the defendant No. 1 is bound to fulfill her part in accordance with the agreement
dated 15-04-2009 but now she is adamant to hear anything reasonable, hence this suit.
11. That the cause of action accrued finally two days ago when the defendants finally
refused to listen the genuine and legitimate requests of the plaintiff, which is still
continuing day by day.
12. That the office of the defendant No. 2 is at Rawalpindi, suit property is at Rawalpindi,
written agreement was made at Rawalpindi between the parties, so this Learned Court
got the jurisdiction to entertain the matter in hand.
13. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs.
20,000/-, and no court fee is levied on the plaint. However, in any discrepancy is made
out, the plaintiff is ready to deposit the court fee as per order of this Honorable Court.
PRAYER
It is therefore, humbly prayed that a decree of suit for specific performance of agreement dated
15-04-2009 may kindly be passed in favor of the plaintiff against the defendant No. 1.
It is further prayed that the defendants may kindly be restrained permanently from transferring
the plot No. 556, measuring 250 Sq Yards, situated at St No. __, Category General Phase V,
Bahria Town, Rawalpindi to any person except the plaintiff.
Furthermore, the defendants may also be restrained not to transfer the suit land while making
collusion with each others to any person except the plaintiff may kindly be passed in favor of
the plaintiff against the defendants.
Any other relief, which this Honorable court deems fit may also be granted.
Plaintif
Through
Counsel
Advocate High Court
Verification:
Verified on Oath on this day of Apr 2009, that the contents of the para No. 1 to 10 are true
and correct to the best of our knowledge and belief and rest of the paras are believed to be true
and correct.
Plaintiff
SUIT FOR RECOVERY OF MONEY GIVEN ON
INTEREST (MONEY SUIT)
A lawsuit for money recovery is a legal remedy that may be used to collect money from a
defaulter. The lawsuit may be filed under Order IV of the CPC which was enacted in 1908.
(CPC). It’s similar to a summary suit (Order 37, Code of Civil Procedure), which allows for a
quick resolution since the other party is not allowed to defend as a subject of right, but only
after requesting permission from the court.
Order 37 of the CPC is a significant form of regulation in the hands of a potential plaintiff who
wants to fight a Civil Suit. In general, Rule 1, Sub-Rule 2 applies to all suits involving bills of
exchange, hundies, and promissory notes, or those in which a Plaintiff seeks only to recover a
debt or liquidated demand in money payable on a written contract, an enactment, where the
total amount which is to be repossessed is a definite amount of money in respect of the amount
owed to the Plaintiff.
LIMITATION PERIOD
The time period for filing a suit for money recovery is 3 years from the date when the cause of
action arises. However, it can also be condoned and subjected to the discretion of the court.
As per CPC, 1908 a suit can be filed at any of the given territorial jurisdiction:
 Place where the defendant(money defaulter) resides.

 Place where the defendant runs his/her business or has a medium of earning.
 Place where the cause of action arises either wholly or partially.
PECUNIARY JURISDICTION
Pecuniary means ‘related to money’. Pecuniary jurisdiction tries to address whether a court of
law can try cases and suits of the monetary value/amount of the case or suit in question.
This is determined by the pecuniary value(amount of money)you are dealing with. Based on
the pecuniary amount, the case for money recovery can be filed.
For example, the pecuniary jurisdiction of the Courts in Delhi are as follows:
 Suits amounting between Rs.1 – Rs.20, 00,000/- lie before District Courts.
 Suits over and above Rs. 20,00,000/- lie before the High Court.
FORMAT:
IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE, ( DIST. NAME)
SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
M/s ABC Pvt. Ltd.
Through its Director
Shri……………………
VERSUS
M/s XYZ Ltd.
SUIT FOR RECOVERY OF RS. …………… UNDER ORDER XXXVII OF CODE OF

CIVIL PROCEDURE, 1908.
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff is a Company constituted under the Companies Act having its registered
office at ………………………….. , is a duly constituted attorney of the Plaintiff-company and
is authorized and competent to sign and verify the plaint, vakalatnama etc. and to institute this
suit on behalf of the Plaintiff.
2. That the Plaintiff-company inter-alia carry on the business of construction, engineering and
designing. The Plaintiffs are builders of international repute and have earned a big name in
their business.
3. That the Defendant is a Company incorporated under the Companies Act having their
registered office at ………….. . However, the Administrative office of the Defendant is
situated at ……. i.e. within the jurisdiction of this Hon’ble Court.
4. Brief facts about the facts that result for this suit.
5. The suit is within the period of limitation.
6. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the cause of
action arose in ……….. . The contract for construction of the paper mill was entered at ………
, all the payments upto this date have been made at ……. and the payment of the outstanding
amount was also to be made at……. . The Administrative Office of the Defendant is situated
at ….. where they carry on the work for their gain.
7. The value of this suit for the purposes of court fee and jurisdiction is Rs. ——— on which
court fee of Rs. ___________is paid.
8. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief has
been claimed which does not fall within the ambit of Order XXXVII.
PRAYER:
It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :-
 Pass a decree for Rs………… with interest @ 18% per annum from ………… upto the
date of filing the suit in favour of the Plaintiff and against the Defendant;
 Award pendentlite and future interest at the rate of 18% per annum on the above stated
amount of Rs. ………….. with interest @ 18% per annum from ……… upto the date
of filing the suit in favour of the Plaintiff and against the Defendant;
 Award cost of the suit in favour of the Plaintiff and against the Defendant; and
 Pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.
Place and Date

Plaintiff
Through Counsel
VERIFICATION:
Verified at …… on this ….. day of ………. 20… that the contents of paras 1 to … of the plaint
are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary
course of its business, those of paras … to …. are true on information received and believed to
be true and last para is the humble prayer to this Hon’ble Court.
Plaintiff
SUIT OF DAMAGES
When two parties undergo any signed contact, both agree to perform certain obligations.
However, if any of the parties break the promise bringing loss to the other party, the latter has
complete right to file a damage case against the former. The Indian Contract Act, 1872 has laid
down specific clauses under the suit for damages, giving full right to file the lawsuit against
the party for breaking the promise. Compensation in Damages for Breach of Contract Cases
The Indian Contract Act, 1872 has laid down some rules that determine the compensation to
be paid by the party for breaking the contract. Here are some of the rules-
 The suffering party has the complete right to claim compensation for the loss arising
naturally or due to the course of certain events.
 In case the party knew about the breach of the contract and loss to be suffered, he can
claim the compensation.
 Special damages if claimed when the suffering party has already served notice about it
earlier. Moreover, the party suffering the loss has the complete right to take steps to
minimize the loss.
 In case of exceptional damage cases, it is best to check out with a professional lawyer
who can describe the law or act stated under the Indian Contract Act, 1872.
Three Essential Elements of the Damage
There are three essentials’ elements of damages pointed by the act-
1. Detriment the wrongdoings by another
2. Compensation awarded to the loss bearded through legal remedies
3. Quantum being determined by dual components for the tangible loss suffered
TYPES OF DAMAGES
The Indian Contract Act, 1872 has led to different types of damages in contract law, which
both parties should be aware of before signing. Let us now check types of damages in the
contract law-
1. Compensatory Damages
Under this, there are two types of compensatory damages- General Damages and Special
Damages.
 General Damages- Also known as Ordinary Damages, these are the damages caused
naturally due to contract breach. These damages are restricted to direct consequences
arising due to unforeseen circumstances.
 Special Damages- These are consequential damages caused due to the breach of
contract and special circumstances. Special damages are awarded by courts when
parties are making a contract; these circumstances are unforeseen by the party
committing the violation.
2. Nominal Damages- In this type of suit for damages, if the party files the lawsuit for
the loss occurred by the second party and proves there has been a breach of contract, he
is liable to get compensation. The nominal damage suit is established to keep the right
to a decree for the violation of the contract.
3. Liquidated Damages- Some contracts include provisions having a pre-set amount of

damages that will come to use during the event of a breach. These types of suits for
damages are called Liquidated Damages. These damages are included when they are
difficult to predict and have no clue about the estimated damage.
4. Damages for Deterioration Caused by the Delay- In this case of damage, if party B
transporting the goods of A, and delays causing them to deteriorate, then A has full
right to file the suit for damages for the delay caused. Here, deterioration can be
physical damage to goods and loss of the sale opportunity.
LIMITATION PERIOD FOR A SUIT OF DAMAGES
The limitation period for a suit for damages in a court of law following a breach of contract,
whether express or implicit, is three years when not specified explicitly. In the case of a
complaint about damages, the period of limitations begins when the real contract is violated.
FORMAT
___________ ____________ VERSUS M/S ___________ & OTHERS
SUIT FOR DAMAGES/COMPENSATION OF RS. _______/-
APPLICATION UNDER ORDER __ RULE _ READ WITH SECTION ___ OF CPC FOR
PERMISSION TO INSTITTUE THIS SUIT AS FORMA PAUPERIS/INDIGENT PERSON
AND SUIT FOR RECOVERY OF DAMAGES OF RS. _______/-
RESPECTFULLY SHOWETH:
1- That the applicant /plaintiffs having no means and individual /independent source of income.
They are not possessed of sufficient means (other than property exempted from the attachment
in execution of the decree and the subject matter of the suit) , to enable them to pay the
advalorem court fee payable on the amount of Rs. _______/- on the plaint i.e. Rs.
______________.
2- That on _______ _______ deceased who was assigned fieldwork in M/s ___________, at
___________, ___________ went to ____ for the work of the company on his vehcle no.
_____________. The deceased was coming back to ___________ after finishing the work at
about _____ when the deceased reached just ahead of __________ there was wind and rain.
Suddenly a hoarding board on which __________ was written which was installed above both
the sides of the road had broken and fell down upon the deceased and his ___________. Due
to which _______ and ___________ were pressed under the hoarding board. Consequently
_______ sustained injuries on his head and abdomen. Vehicle of _______ was also damaged.
One person of _______ namely _______ was coming behind him, who lifted/supported
_______ and admitted him in ______________, ___________, where the _________ dated
_______ was prepared by the concerned Doctor. The Doctor conducted the operation of
abdomen of _______. The deceased became very serious and was referred _____________,
________ but the condition of the deceased was not improved there hence he was admitted in
____________ on ________. The deceased _______ sustained the said injuries due to the fall
of the hoarding board after broken the same. The said accident has been caused due to the
negligence of the defendant No.2 (Mr. ___________ Proprietor/GM/M.D. of _________ of the
hoarding board) who is the agent /contractor of defendant No.1 by installing the same above
middle of the road. On _________ was expired during the treatment at _________, _____–.
That upon the statement of Shri ________ FIRNO. ____ dated _________ under section
________ IPC was registered in P.S. __________, ___________. The defendant No.2 had not
properly installed the said hoarding board and due to negligence of the defendant NO.2, the
said accident had taken place. The post mortem of the deceased was conducted by the Medical
Officer of ___________, ___________ vide PMR No. ________ dated ________–. the
plaintiffs have spent an amount of approximately Rs. ___________/- on the treatment of the
deceased.
3- That the ___________ of the deceased _______ was also damaged in the said accident,
which was financed and the deceased paid Rs. ___________/- as down payment at the time of
purchasing of the said ___________, paid insurance charge about Rs. _____/-, Rs. ________/-
as registration. That due to the death of ____ of the plaintiffs the installments were not paid
and the possession of the ___________ was taken by the financer and the plaintiffs have
suffered a loss of Rs. _______/- as damages of the ___________ due to the said accident.
4- That due to the negligence of the respondents the plaintiffs have lost their earning member
of the family and now there is no earning member in the family of the plaintiffs and they lost
their liquidity and are not possessed a sufficient means other than exemption from the
attachment in execution of a decree and subject matter of the suit to enable them to pay the
court fees prescribed by the law amounting to Rs. __________, the plaintiffs due to the death
of the earning member of the family have come at the point of starvation.
5- That the plaintiffs do not own any moveable or immoveable property belonging to the
plaintiffs except within the Schedule __ enclosed hereto showing the estimated value thereby
which has been signed and verified by the plaintiffs.
6- That the plaintiffs are indigent persons and have not within the two months next before the
presentation of the petition disposed off any property fraudulently or to be able to apply for the
permission to sue as an indigent person.
7- That the plaintiffs never owned any property, which could enable them to pay the prescribed
court fees.
8- That the plaintiffs have not entered into any agreement with reference to the subject matter
of the proposed suit which in person has not obtained the interest in such subject matter and
the suit of the plaintiffs which is legal and maintainable.
9- That the plaintiffs have not done act of omission which has incapacitated them to pay the
court fees and on the other hand it is because of the respondents as due to the negligence of the
respondent earning member of the family of the plaintiffs has been expired and the plaintiffs
have no assets moveable or immovable to pay the court fees as such are to be declared as
indigent persons incapable of paying the court fees.
PRAYER
It is, therefore, prayed that the plaintiffs may kindly be declared as indigent persons the suit of
the plaintiffs may kindly be registered and the plaintiffs may kindly be exempted from paying
the court fees of Rs. _________ or any other sum which is payable on the plaint for the recovery
of Rs. _______/- of damages against the respondents.
Dated Plaintiffs –Plaintiffs (in person)
Through counsel
__________ Advocate, ___________
VERIFICATION
Verified that the contents of our above application are true and correct to the best of our
knowledge and belief and nothing has been concealed therein. Verified at ___________
Plaintiffs –Applicants
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

Restitution of Conjugal Rights consists of 2 main words/phrases i.e. ‘Restitution’, and
‘Conjugal Rights’. Restitution typically means restoring or restitution of something that has
been lost, and Conjugal Rights means the rights relating to the wedlock or the marriage or the
relations between a husband and the wife.
If a partner has been deserted by the other, he/she can use restitution of conjugal rights against
the other partner. The guilty partner, through an official order, can be asked to live together
with the aggrieved partner. Restitution of Conjugal Rights is a process through which either
party can gain certain specific legal rights against the other party. The main right is the right to
live with the guilty party. As a remedy, the husband or the wife can file a petition and involve
the court for restraining the conjugal rights between the spouses.
A decree for Restitution of conjugal Rights can be passed only in case of a valid marriage.
RESTITUTION OF CONJUGAL RIGHTS FOR HINDUS UNDER HINDU
MARRIAGE ACT
As stated above, Conjugal rights are the sexual rights and obligations that are involved in a
marriage. Under the Hindu laws, Restitution of Conjugal Rights (ROCR) is governed by
Section 9 of the Hindu Marriage Act. Section 9 of the Hindu Marriage Act reads as below:
“When either the husband or the wife has, without reasonable excuse, withdrawn from the
society for the other, the aggrieved party may apply, by petition to the district court, for
restitution of conjugal rights and the court, on being satisfied of the truth of the statements
made in such petition and that there is no legal ground why the application should not be
granted, may decree restitution of conjugal rights accordingly”
ESSENTIALS OF SECTION 9 OF HINDU MARRIAGE ACT
Section 9 of the Hindu Marriage Act can be termed as a “marriage saving” clause. When a
spouse or a partner is guilty of living away without any reasonable clause, then Section 9 of
the Hindu Marriage Act can be invoked. Under this Section, if certain conditions are fulfilled
and the suit succeeds, the Court can order the couple to stay together. There are three important
requisites that must be fulfilled for invoking and success under Section 9. These have been
stated below:
1. The spouses must not be living together: An essential under Section 9 is that one
partner must have withdrawn from the society of the other.
2. Withdrawal must be without any reasonable cause: The second essential is that the
withdrawal of the partner from the society of the other must have happened without any
reasonable excuse or explanation.
3. The aggrieved should apply for restitution of conjugal rights: The third and final
essential to obtain Restitution of Conjugal Rights is to apply for itby filing a petition in
an appropriate Court.
CASES:
1. Tirath Kaur v. Kirpal Singh 1964 Punj 28
FACTS: At the instance of the husband, the wife took up training and succeeded in obtaining
a diploma in tailoring. Thereafter she got a job at a place which was at some distance from the
husband’s house. The parties cohabited: sometimes the husband went to the wife’s place and
lived with her and vice versa. This continued for some time.
Later differences arose between them on some matter, and the husband asked the wife to resign
the job and join him at his house. On the wife’s refusal to do so, the husband filed the petition
for restitution.
HELD: The High Court held that the refusal by one spouse to give to his/her job and live with
the other leads to withdrawing the society of the other. The Hon’ble Court said that the husband
was justified in asking the wife to live with him even if she had to give up service but as she
was not prepared' to do so on any condition whatsoever and the Conjugal, duties could not be
performed by living at such a distance, the husband was entitled to the restitution claim.
Further, the High Court held that the wife's first duty is to submit herself to the husband and
remain under his roof and protection. Justice Grover said that “under law, the wife could be
allowed to withdraw ‘virtually’ from the society of the husband in this manner”.
This judgment given by the Punjab High Court attracted a lot of criticism on the restitution of
conjugal rights’ constitutional validity.
2. Saroj Rani v. Sudarshan Kumar
In this case, the Court held that restitution of conjugal rights is not violating any of the
fundamental rights of the spouse or is not violating Article 14,19, or 21 of the Indian
Constitution. On the other hands, it is stopping a marriage from being dissolved which means
it is serving a social purpose but if any of the spouses is not complying with the decree of
restitution of conjugal rights for 1 continuous year then they can get a divorce on this ground
as a court cannot force a person to have a physical relationship or sexual intercourse.
FORMAT:
IN THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
Mr. ALU_________ PETITIONER
VERSUS
MRS. GOBI __________ RESPONDENT
PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR

RESTITUTION OF CONJUGAL RIGHTS
The Petitioner, above named states as under:
1. That marriage of the Petitioner and the Respondent was solemnized on __________ at
____________ according to Hindu rites and ceremonies. The marriage was registered with the
Registrar of marriages at ___________. Certified copy of the extract from the concerned
register is attached herewith as Annexure P1.
2. That the status and place of residence of the Parties to the marriage before the marriage and
at the time of filing this petition is given as under:
i) Place of residence before the Marriage
ii) Place of residence at the time of filing the Petition
3. That from this marriage, the couple has been blessed with one boy aged 4 years and one girl
child aged 2 years.
4. That the Petitioner and his wife were living together happily at our house. That on _______
the respondent went to her fathers house at _______. She gave word to return within 15 days,
but she did not abide by her word and has not returned so far. The Respondent without any
reasonable excuse, living in the house of her father.
5. That the petitioner went to his father-in-laws house at_______ to bring the respondent, a
number of times, but on one pretext or the other, she declined to come along with the petitioner
to his house.
6. That lastly the petitioner went to the house of the respondents father at _______ on _______
and asked the respondent to return with him, but she refused to come.
7. That the respondent deserted the petitioner or/and has withdrawn from his company without
any reasonable or lawful excuse. Hence the necessity for the petition arose.
8. The Petition is not being presented in collusion with the Respondent.
9. The Petition is being presented without any unnecessary or improper delay on the part of the
Petitioner.
10. There is no other legal ground as to why the decree of restitution of conjugal rights be not
granted in favour of the Petitioner.
11. That no litigation has taken place between the parties to the Petition earlier.
12. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was
solemnized at ____________ the parties last resided together at _____________ and even
presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
13. That the cause of action accrued to the petitioner against the respondent, within the
jurisdiction of this Court, on _______ when the respondent left for her fathers house at _______
and it continues to accrue from day to day till the respondent comes back to the home of the
petitioner and resumes his company..
14. In the facts and circumstances of case mentioned herein above this Hon'ble Court may
graciously be pleased to:
PRAYER
That the Petitioner, therefore, prays:
a) for grant of decree for restitution of conjugal rights in favour of Petition and against the
respondent; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also
awarded to the petitioner.
PETITIONER
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, the above named petitioner, do hereby verify that the contents of this petition in Para No
______ to Para No __________ are true to my personal knowledge and those in Para No _____
to Para No ________ are believed by me to be true.
Signed and verified this _______ day of _______ 20 _______ at _______
PETITIONER
MAINTENANCE SUIT BY WIFE

The maintenance is given by the person on whom the other person depends on. The amount of
the maintenance is dependant on the earning of the person and the necessities which other
person required and the necessities which a rational man needs to live a normal life.
MAINTENANCE OF WIFE UNDER SECTION 18 OF HINDU

ADOPTION AND MAINTENANCE ACT, 1956.
As per Section 18(1) of Hindu Adoption and Maintenance Act, 1956 the wife is entitled to get
the maintenance amount from her husband until she dies or he dies. the Hindu wife is also
entitled to take get maintenance even if she lives separately from her husband under following
grounds:
1. When the husband is liable for desertion.
2. When the husband is liable for cruelty.
3. When the husband is suffering from leprosy.
4. The husband is liable for bigamy.
5. The husband converts his religion without the consent of the wife.
MAINTENANCE OF HINDU WIFE UNDER SECTION 125 OF THE

CODE OF CRIMINAL PROCEDURE
As per Section 125 of the Code of Criminal Procedure, only a woman either take divorce or
given divorce by her husband and who hasn’t remarried any other man is entitled to get
maintenance. A married woman who refuses to live with her husband because her husband is
liable for desertion or liable for cruelty or is suffering from leprosy or liable for bigamy or
convert his religion without the consent of the wife can claim a special allowance under this
Act.
In D.Velusamy vs D.Patchaiammal
The wife filed a suit against husband demanding the maintenance as per Section 125 of the
Code of Criminal Procedure. Here the court provides the Maintenance to the wife.
Under Section 125 of the Code of Criminal Procedure the person has to maintain:
1. His Wife, who unable to maintain herself.
2. His Legitimate or illegitimate minor child whether married or not married, who
unable to maintain itself.
3. His father and mother, who unable to maintain themselves.
In Gomaji vs Smt. Yashoda
In this case, the petitioner is the Husband and the Respondent is the wife. The Husband filed a
case under Section 13 of the Hindu Marriage Act seeking a divorce from his wife. And the
Respondent filed an application under Section 125 of Code of Criminal Procedure claiming
Maintenance. Here the court accepts the divorce and passed the order against Husband to give
monthly Maintenance to his wife.
MAINTENANCE AS AN AWARD TO WIFE UNDER SECTION 23(2) OF

THE HINDU ADOPTION AND MAINTENANCE ACT
Section 23 of the Hindu Adoption and Maintenance Act defines the people who can claim the
maintenance and how the maintenance can be calculated. The analysing factors of the amount
are:
1. Status and Position of the parties.
2. The basic necessity of the claimant.
3. The basic comfort which a reasonable man needs.
4. The value of the property whether movable and immovable, of the Respondent.
5. The income of the respondent.
6. The number of members who depended financially on the respondent.
7. The degree of relationship between the two.
MAINTENANCE UNDER MUSLIM LAW
As per theories of Muslim Law, they consider the man to be superior to the woman. They truly
believed that the woman is not at all capable to maintain themselves as they are directly
dependant on their husbands. In Muslim Law, the relation of husband and wife is considered
as the most important one. That relation exists only if the wife is faithful and obey her orders.
In Muslim law, the married women have the right to get maintenance from her husband even
if she refuses to access to her husband and cannot be consummated, but if she is too young and
lives with her mother and father she is not entitled to get maintenance.
In Mohd. Ahmed Khan v. Shah Bano Begum Case
In this case, the husband gives divorce to his wife, she was 68 years old and has five children.
Under Muslim law, divorced women do not have the right to claim maintenance after the
period of iddat and gets the amount of mehr only. the Shah Bano Begum files a case and claims
the maintenance under the Section 125 of the Code of Criminal Procedure where she gets
successful and gets the maintenance from her husband on reasonable ground and from the
family of the husband after his death.
After this historical judgment of Shah Bano Begum, the Muslim Community started criticizing
the court of law as according to them the judgment directly affect the provision of their personal
law. According to their law, divorced women do not have the right to claim maintenance after
the period of iddat and gets the amount of mehr only.
But the government on that time under the pressure of the Muslim community bring a law
which directly overrules the judgment. The government enacted The Muslim Women
(Protection of Rights on Divorce) Act, 1986. By the virtue of this Act, the old traditional law
which was followed by the Muslim community gets the authority. In this Act, divorced women
do not have the right to claim maintenance after the period of iddat and gets the amount of
meher only. Finally, all the case which are pending in court related to Muslim women and their
right to Maintenance under Section 125 of Code of Criminal Procedure were disposed off.
FORMAT:
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MR. H __________ RESPONDENT

PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL
PROCEDURE CODE
The Petitioner, above named submits as under:
1. That the Petitioner No. 1 is legally wedded wife of the Respondent.
2. That marriage of the Petitioner was solemnized with Respondent on __________ at

Registrar of marriages at ___________. After marriage Petitioner No. 1 started residing at the
matrimonial home. Certified copy of the extract from the concerned register is attached
herewith as Annexure A.
2. That for about four years, relation between Petitioner No. 1 and her husband Respondent
were ordeal, but thereafter the Respondent started treating her with cruelty.
3. That on __________ the respondent turned out the petitioner from the matrimonial home
and since then she has been compelled to live at her parental house.
4. That the respondent has never sent any money to the petitioner to meet her expenses and
expenses of the minor child.
5. That the petitioner having no source of income is unable to maintain herself and the child.
6. That the Respondent is a Government Employee and earning Rs. 55,000/- per month Net
Salary.
7. That the Respondent has no other liability, while the Petitioner is dependent upon him for
her day to day expenses.
8. That the Petitioner is accordingly entitled to claim maintenance to meet her day to day
expenses.
9. That this Court has the jurisdiction to entertain and try this petition as marriage between
petitioner and the respondent was solemnized here and the petitioners are living within the
Jurisdiction of this Court.
PRAYER
a) the Respondent be directed to pay monthly allowance of Rs. 17500/- by way of Maintenance;
and
PETITIONER
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs ____ to
Para No __________ of the Petition is true to my own knowledge and that whatever contained
in paragraphs No _____ to Para No ________ is based on information received and believed
to be true to me.
PETITIONER
FORMAT OF AFFIDAVIT TO BE FILED IN SUPPORT OF PETITION FOR

MAINTENANCE UNDER SECTION 125 OF CRPC
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MRS. H __________ RESPONDENT
AFFIDAVIT
I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do
solemnly affirm and say as follows:
1. That I am the Petitioner in the accompanying Petitioner under Section 125 of CrPC and well
acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents
of the Petition, which are not being repeated here, for the sake of brevity.
3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her
to receive maintenance from the Respondent.
4. That the Petitioner does not own any movable or immovable property and has also no source
of income.
Signed at ___________ this ___________ day of ___________20__
DEPONENT
VERIFICATION
I, __________ the above named deponent do hereby verify on oath that the contents of the
affidavit above are true to my personal knowledge and nothing material has been concealed or
falsely stated therein.
DEPONENT
APPLICATION UNDER SECTION 13 HINDU

MARRIAGE ACT (DIVORCE)
The word ‘divorce’ had not been defined under any statutory provisions but it could be defined
as a legal dissolution of judicial ties established at marriages. Thus a divorce is also a seven
lettered word, which separates the united couple at their own wish with their own consent. Thus
divorce can be considered a means to break marriage that happens not just between two
individuals but also between two families.
It was only in 1955 that parliament passed the Hindu Marriage Act 1955 and provision related
to the concept of divorce was introduced in the act. Divorce, the said term has not been defined
in the act but it simply means, dissolution of marriage. Various grounds of divorce are
mentioned under section 13 of the Hindu Marriage Act.
GROUNDS OF DIVORCE
1. ADULTERY- Section 13(1)(i)
Adultery means voluntary sexual intercourse outside lawful wedlock.
It is for the petitioner to prove that there was a lawful marriage and that the respondent had
sexual intercourse with a person other than him/her. Marriage must be subsisting at the time of
the act.
Supreme Court in Joseph Shine Vs Union of India ruled that adultery is not a crime and struck
down section 497IPC. It was observed that two individuals may part if one cheat but to attach
criminality to infidelity is going too far. Adultery is a personal matter and how do couple deals
with it is a matter of privacy at its pinnacle. This loss of moral commitment in marriage which
creates a dent in the relationship has been left for the personal call of the couple. If they wish
to, they can proceed with the divorce.
2. CRUELTY- Section 13(1)(ia)

Treating the petitioner with cruelty after the solemnization of marriage is a ground for divorce.
Cruelty can be both physical and mental. Physical beating or causing bodily injury to the spouse
amounts to physical cruelty. Physical cruelty is easy to determine. It is difficult to say what
constitutes mental cruelty. Cruelty is also an offense under section 498A IPC.
In Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha Court held that “case for
divorce, false, baseless, scandalous, malicious and unproven allegations made in the written
statement may amount to cruelty to the other party and that party would be entitled to get a
decree of divorce on that ground”.
3. DESERTION- Section 13(1)(ib)

It can be simply understood to mean abandoning a spouse. As per section 10(1) of
HMA, divorce can happen if the petitioner had been deserted for a continuous period of two
years immediately after preceding the presentation of the petition.
In Savitri Pandey v. Prem Chand Pandey court held that “ there can be no desertion without
previous cohabitation by the parties”
4. CONVERSION- Section 13(1)(ii)
If any spouse ceases to be Hindu and converts into another religion without the consent of the
other spouse, a divorce can be granted.
In Teesta Chattoraj vs Union Of India court held that Conversion to another religion is a
ground for divorce, but a spouse may be denied divorce even if the other spouse has embraced
some other religion if the former goaded the latter to such conversion.
5. INSANITY-Section 13(1)(iii)
There are two requirements of insanity as a ground of divorce-
a) The respondent has been of incurable unsound mind
b) Respondent suffering continuously or intermittently from mental disorder of such a kind or

extent that it would not be reasonable for the petitioner to continue living with the respondent.
In Smt. Alka Sharma v. Abhinesh Chandra Sharma, t was discovered that the spouse was so
cold and sub-zero and apprehensive on the first evening of marriage as not to have the option
to coordinate in a sexual act. She was discovered incapable to deal with homegrown machines.
She fizzled to clarify the direction of peeing within the sight of all relatives. The court held that
she was experiencing schizophrenia, and the spouse was held to be entitled to the nullity of
marriage.
6. VENEREAL DISEASE –Section 13(1)(v)

A sexually transmitted disease that is incurable and transmittable forms a ground of divorce, if
either of the spouses is suffering from any such disease. A disease like AIDS is called venereal
disease.
In Mr. X v. Hospital Z Supreme court held that on the ground of venereal disease Either
husband or wife can get a divorce, and a person who has suffered from the disease can not be
said to have any right to marry even before marriage, as long as he is not completely cured of
the disease.
7. RENUNCIATION -Section 13(1)(vi)
When one of the spouses decides to renunciate the world and enters a holy order, then the other
spouse can file a divorce petition. Renouncement of the world by entering any religious order
must be absolute. It amounts to civil death and has the effect of excluding a person from
inheritance and the right to partition.
In Sital Das v. Sant Ram it was held that someone is stated to have entered in
a religious order whilst he undergoes a few ceremonies and rites prescribed via the faith. Now
there are some other matters to observe here. For example, if one man or woman has
entered into a religious order but comes home day by day and cohabits then it cannot be taken
as a floor for divorce because he has no longer renounced the world.
8. PRESUMPTION OF DEATH- Section 13(1)(vii)

If a person has not been heard of as being alive for at least seven years, by those persons who
would naturally have heard of it, had that party not been alive, this is a legal presumption of
death.
This presumption may be rebutted if a person has not been heard of for the last 7 years due to
special circumstances such as absconding on a charge of murder.
SPECIAL GROUNDS OF DIVORCE FOR WIFE
The wife has been given special grounds to seek divorce.
SECTION 13(2)(i) – BIGAMY

If a husband already has a wife before the commencement of the act and after the
commencement of the act he gets married to another woman, either of the two wives may apply
for divorce. The only rider is that the divorce petition would be successful if the other wife was
alive at the time of the presentation of the petition.
In Leela v. Anant Singh court held that The wife of polygamous marriage can not be deprived
of her right of divorce on the ground that, prior to the commencement of the act, she entered
into a compromise with her husband to continue living with her; nor can the husband plea that
her conduct or disability is a bar to her claim of divorce.
SECTION 13(2)(ii)- RAPE, SODOMY or BESTIALITY

A wife can file a divorce petition if her husband has been guilty of Rape, sodomy, or bestiality
since the solemnization of marriage.
Rape is a criminal offense under section 375IPC. Section 375 IPC which defines rape does not
criminalize marital rape. Rape laws in our country continue with the patriarchal outlook of
considering women to be the property of men post marriage. After marriage, a woman is
supposed to have given implied consent for her body to be used in and as the way her husband
likes.
DIVORCE BY MUTUAL CONSENT
Under Hindu Marriage act, sub-section (1) of section 13B of the Act required that the petition
for divorce via mutual consent need to be provided before the court jointly among the events
and that there had been 3 other requirements of sub-section (1) specifically
i. they have been residing separately for a period of 365 days,

ii. they have not been capable of live together and
iii. they've together agreed that the marriage has to be dissolved
In Smt. Jayashree Ramesh Londhe vs Ramesh Bhikaji Londhe court held that either party
can withdraw the petition after thinking over the matter about divorce through mutual consent
and that in this way a party can withdraw the earlier consent though not obtained by using
fraud, undue influence, and coercion.
FORMAT
IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. WI_________ PETITIONER
VERSUS
MR. HU __________ RESPONDENT
PETITION FOR DECREE OF DIVORCE UNDER SECTION 13(1)(ia) OF HINDU

MARRIAGE ACT, 1955
The Petitioner, above named states as under:
1. That marriage of the Petitioner and the Respondent was solemnized on __________ at
Registrar of marriages at ___________. Certified copy of the extract from the concerned
register is attached herewith as Annexure P-1.
2. That the status and place of residence of the Parties to the marriage before the marriage and
at the time of filing this petition is given as under:
i) Place of residence before the Marriage
ii) Place of residence at the time of filing the Petition
3. That from the the marriage ______ couple has been blessed with one boy aged 3 years.
4. That the Petitioner and his wife were living together happily at the matrimonial house. That
on _______ husband of the Petitioner has expelled the Petitioner after merciless beatings, when
she questioned him about his drunken nature and misusing of money for drinking liquor with
his friends.
5. The Petition has not in any manner necessary to or condoned the acts complained of or
connived at, but the Respondent is treating the Petitioner with cruelty after immediately after
two weeks of solemnization of the marriage.
6. The Petition is not being presented in collusion with the respondent.
7. The Petition is being presented without any unnecessary or improper delay on the part of the
Petitioner.
8. There is no other legal ground as to why the decree prayed for should be not granted in
favour of the Petitioner.
9. That no litigation has taken place between the parties to the Petition earlier.
9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was
solemnized at ____________ the parties last resided together at _____________ and even
presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
PRAYER
a) for grant of decree of Divorce in favour of Petitioner and against the Respondent; and
PETITIONER
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, WI, state on solemn affirmation that whatever contained in paragraphs ____ to Para No
__________ of the Petition is true to my own knowledge and that whatever contained in
paragraphs No _____ to Para No ________ is based on information received and believed to
be true to me.
PETITIONER
SUIT FOR RECOVERY OF RENT OR EVICTION OF

TENANT
BEFORE THE HON’BLE JMFC/CITY CIVIL COURT
_____________AT _______________, MUMBAI
Suit no.______ of 20_____
Mr. ABC S/o DEF )
Aged about ……. Years, )

Occ: Service/Business )
R/o ________________ )
Mob: ……………………….. )
….…………Plaintiff
Versus
Mr. XXX S/o YYY )
R/o ________________ )
Mob: ……………………….. )
…………Defendants
MAY IT PLEASE YOUR HONOUR;

The Plaintiff abovenamed begs to states as follows;
1. That the Plaintiff is owner of a bungalow No……………. On…… Street in the town
of……………. With a guest-house attached thereto.
2. That the Defendant is a government servant and was transferred to this station in the
moth………. He approached the Plaintiff to permit him to occupy the guest-house of the
Plaintiff for a short period of four weeks during which he would find for himself a
government quarter which was at that time in the occupation of his predecessor.
3. That the Plaintiff, in view of the assurance given by the defendant, permitted him to occupy
the guest-house.
4. That the Plaintiff learns that the predecessor of the defendant has not vacated the
government quarter and left behind his family members who are occupying the same.
5. That the said period of four weeks expired on ………………
6. That the possession of the defendant was totally permissive and the defendant has no right
whatsoever to continue to occupy the guest-house.
7. That the Plaintiff made several requests to the defendant to quit his guest-house and deliver
back the possession thereof to the Plaintiff but the defendant has turned a deaf ear to all the
requests so made by the Plaintiff.
8. That ultimately the Plaintiff sent a notice dated……… by registered post with
acknowledgment due delivered due to the defendant personally on……………..
demanding of him to quit the guest- house and deliver back to the Plaintiff peaceful
possession thereof, within 15 days of the service of the notice, which period has also
expired, and the Defendant is not quitting the guest-house. Hence this suit.
9. Cause of action.
10. That the valuation of the suit for the purposes of jurisdiction and payment of court-fee is
Rs……………….. and ad valorem court-fee has been paid accordingly.
11. The Plaintiff, therefore, claims the following reliefs:
 The Eviction order may be passed against the defendant;
 Defendant may be ordered to pay the sum of Rs.__________/- being the compensation
amount.
 Costs of suit may be awarded to the Plaintiff.
 Any other relief that this Court may deem just and proper.\
Plaintiff
Advocate of the Plaintiff

VERIFICATION
I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed,

do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going
petition is true to my own knowledge.
Solemnly declared at Mumbai )
Dated this day of , 20___)
, 20 )
Plaintiff
Advocate for Plaintiff
INTERPLEADER SUIT
Interpleader suit in C.P.C is defined in section 88 with order no XXXV. An interpleader suit
means if any person claims any property of her husband or her parents and in case the owner
of the property is dead without transferring the property, then the second owner has to claim
the property from the bank or authority.
After claiming for such property the bank or the authority has to file an interpleader suit in the
court. Then the court will decide who will be the main owner of the property. In an interpleader
suit, there were many defendants to claim the property. Plaintiff gets the monetary value for
filing the suit in the court on behalf of the defendant. He is not liable for any damage.
Under Section 88 of CPC, if two or more persons lay down adverse claims over a sum of
money, debt, or moveable/immoveable property from another person, such another person may
file an Interpleader suit in the court. The additional conditions which must be fulfilled are as
follows:
1. Such another person becomes the plaintiff and the former two or more claimants are
called the defendants.
2. The plaintiff must not claim any kind of interest in it apart from the necessary charges
incurred in filing such a suit or maintaining the property.
3. The plaintiff should also be ready and willing to make such payment or deliver the
required possession.
4. On the date of the institution of the suit, no other suit must be pending under which the
defendants’ rights are decided or res judicata.
In Asan v. Saroda, these conditions were re-iterated and the court upheld that the defendants
must lay down adverse claims and the plaintiff, without any interest of his own, must be willing
to pay or deliver the property.
THE OBJECT OF FILING INTERPLEADER SUIT:

The suit is filed when the object is to be claimed by the defendants. The claim of the suit gets
adjudicated. The suit is filed when any person in any condition cause death and has left some
of the property without transferring to other members of the family then that other family
member has to claim the property or money from the bank and then the bank has to become
claimant to file a suit in the court to decide whomever the property has to be transferred. This
type of suit filed in the Res Judicata court.
INTERPLEADER SUIT AND ITS CONDITION
Conditions of Interpleader suit:
1. Debt, money, property either movable or immovable in the dispute.
2. Two defendants are there in the suit.
3. Both defendants can claim each other for the property or money.
4. The person who has to pay the debt to the defendant is not valid for any interest.
5. The Claimant is willing to pay the debt, or some amount of money, or property to
the defendant.
6. Suits are not pending in this.
7. This suit cannot be filed twice if the judgment is given in Res judicata.
PLAINTIFF’S LIABILITY:
Rule 4 of Order XXXV of CPC provides that at the first hearing of the suit, the court is
empowered to discharge the plaintiff of all liabilities in respect of the property so disputed and
claimed by the defendants. At the same, for the purpose of justice and propriety, the court may
even retain all parties and not discharge the plaintiff of such liabilities. Additionally, the court
may even provide the necessary costs to the plaintiff and dismiss him for the suit to prevent
further inconvenience to him.
PROCEDURE LAID DOWN BY ORDER 35 OF CPC:
Order 35 laid down following condition which shall be satisfied by the plaintiff who seeks to
file an interpleader suit;
1. The plaintiff shall state that he has no interest in the subject matter in dispute other than the
charges or costs;
2. The claim made by the defendants severally; and
3. There is no collusion between the plaintiff and any of the defendants.
In the case of Mangal Bhikaji Nagpase v. State of Maharashtra in1997 the BombayHigh
Court held that it is mandatory for the plaintiff to affirm that he has no interest in the subject
matter of the dispute other than costs and charges.
In the case of Asaan Ali v. Sarada Charan Kastagir AIR 1922 Cal 138 the Calcutta High
Court held that for a suit to be an interpleader suit, the applicant should be willing to hand over
the property to the claimant and should not have any interest in it but if the applicant has an
interest in the suit then such suit shall be dismissed on the discovery of the fact that the plaintiff
has an interest in the subject matter of the suit.
During the pendency of the interpleader suit, if any of the defendants filed a suit against
the Plaintiff, then that suit shall be stayed under sec. 10 of CPC Res Sub-judice.
FORMAT
In the Court of the Munsif at Allahabad.

Suit No. of 1951.
A, son of B, caste Khatri, resident of Chowk,
Allahabad ………………. Plaintiff
v.
X, son of Y, caste Kayastha, resident of Katra, Allahabad Defendant No. 1
And
W, widow of G, caste Kayastha, resident of Katra, Allahabad Defendant No. 2.
The plaintiff aforesaid begs to state as under:
1. That on the 15th of January, 1951, one G deposited with the plaintiff for safe custody a box
of jewellery.
2. That the said G died on the 10th of June, 1951.
3. That defendant No. 1 claims the said box of jewellery from the plaintiff as the adopted son
of the deceased G.
4. That defendant No. 2 also lays claim to the said box as the widow of the said G and denies
the adoption of defendant No. 1, X.
5. That the plaintiff has no claim upon the said property other than for charges and costs, and
is ready and willing to deliver it to such person as the court shall direct.
6. That the plaintiff is ignorant of the respective rights of the defendants.
7. That there is no collusion between the plaintiff and either of the defendants.
8. That the cause of action for the suit arose on the 12th of June, 1951, when both the defendants
X and W claimed the box of jewellery.
9. That the defendants reside at Allahabad, within the jurisdiction of the court.
10. That the valuation of the suit for purpose of jurisdiction is Rs. 2,000 and the suit being for
a mere declaration the plaint is stamped with a court-fee of Rs only.
PRAYER
It is, therefore, prayed—
(1) That the defendants be restrained by an injunction from taking any proceedings against the
plaintiff in relation to the said box of jewellery;
(2) That they be required to interplead together concerning their claim to the said box and it
may be declared which of the defendants is entitled to the said box;
(3) That some person be authorised to receive the said box pending such litigation; and
(4) That upon delivery of the said box to such person or depositing the same in court, the
plaintiff be discharged from all liability to either of the defendants in relation thereto.
Sd. A.
(Plaintiff.)
VERIFICATION
I, A, declare that the contents of paragraphs 1 to 7 of the above plaint are true to my personal
knowledge and the contents of paragraphs No. 8 to 10 are believed by me on information
received to be correct.
Verified at Allahabad this 20th day of June. 1951.
Sd. A.
(Plaintiff.)
Sd. B.N. Mehrotra,
Advocate.
SUIT FOR MALICIOUS PROSECUTION

Malicious Prosecution is generally a prosecution against a person without any probable cause
that causes damage. Malicious Prosecution is a kind of tort and the person or the victim has all
the powers to even sue the police authorities for the damage they have done. For example, A
tells B a police officer to arrest D and B (police officer) thinks C is D and arrest and A tells B
to arrest him even though he knows that C is not D. Then here A could be held liable for
malicious prosecution by the court of law. Liability which arises in malicious prosecution has
always had to go between the two principles- one is the freedom to take actions which means
freedom to set law in motion and to bring criminals into justice and two is the necessity to
check false accusation against innocent people.
ESSENTIAL ELEMENTS OF A MALICIOUS PROSECUTION
The essential elements of malicious prosecution are-
 The defendant started the prosecution.
 Without any reasonable and probable cause.
 The defendant acted with malicious intent.
 Prosecution terminated in favour of the plaintiff.
 Plaintiff suffered damage or any kind of injury as a result of prosecution.
PROSECUTION BY THE DEFENDANT:
The foremost constituent that a plaintiff requires to establish in a suit filed for
damages against malicious prosecution is to prove that he was prosecuted by the
defendant.
It was stated by the Court in the case of Khagendra Nath v. Jacob Chandra, that
merely lodging a complaint before the executive authority did not amount to
prosecution and, therefore, the action for malicious prosecution could not be
maintained.
ABSENCE OF A JUST AND PROBABLE CAUSE:

In a suit of damages arising from malicious prosecution, the burden to prove that the
defendant had persecuted him without any substantive and just cause, lies on the
complainant. This was established by the Court in the case of Antarajami Sharma
v. Padma Bewa
PROCEEDINGS WERE TERMINATED IN FAVOUR OF THE

PLAINTIFF:
The plaintiff has to substantiate evidence to prove that the prosecution had concluded
in his favour. A suit cannot be filed until the termination of persecution; it cannot
be initiated during the pendency. An acquittal can be on account of him being
declared innocent or any technical defect of the complaint.
If a conviction takes place, he is not entitled to initiate a case of malicious

prosecution. His only legal remedy shall be to appeal again st the conviction and if it
results in his favour, then he can sue the defendant for malicious prosecution.
DEFENDANT’S MALICIOUS INTENT:
Once again, the plaintiff has to prove conclusively that the persecution was the
consequence of the defendant’s malicious intent. Malicious intent could be any
ulterior motive on the part of that person, not in furtherance of justice.
The Court reiterated the fact in the case of Bank of India v. Lakshmi Das that in
proving malicious intent one must establish that there was no probable or just cause
in initiating the persecution.
The defendant may not be acting with malicious intent from the begin ning but even
during the pendency of the case, if he comes to know about the innocence of the
plaintiff, then also its continuance shall be considered malicious.
DAMAGES SUFFERED BY THE PLAINTIFF:
The plaintiff has to establish conclusive evidence that damages were suffered by him
due to the persecution. Thereafter, he can claim damages on account of three factors
as established by the Court in the case of C.M. Agarwalla v. Halar Salt and
Chemical Works.
 Damage to the plaintiff’s reputation,
 Damage to the plaintiff’s person,
 Damage to the plaintiff’s property.
CASES
Girija Prasad v. Uma Shankar Pathak
Uma Shankar Pathak was a practicing advocate in Panna of Madhya Pradesh. He

initiated an agitation to protest against the food scarcity that was affecting the
society. A sub inspector, Girija Prasad, was posted outside the collectorate in order
to control the crowd that gathered there. Some bullet shots were fired from his
revolver and he lodged a FIR. In this FIR he named Uma Shankar Pathak as the
person who was instigating the crowd against him. He accused the crowd of attacking
him and amidst all this commotion his revolver misfired. Uma Shankar Pathak was
arrested but finally acquitted.
After his acquittal, Uma Shankar Pathak sued four people, including Girija Prasad
for malicious prosecution. The M P High Court came to the conclusion that the FIR
lodged by Girija Prasad was false and he was held guilty of malicious prosecution.
FORMAT
BEFORE THE HON’BLE JMFC/CITY CIVIL COURT
_____________AT _______________, MUMBAI
Suit no.______ of 20_____

Mr. ABC S/o DEF )
R/o ________________ )
Mob: ……………………….. )
….…………Plaintiff
Versus
Mr. XXX S/o YYY )
R/o ________________ )
Mob: ……………………….. )
…………Defendants
MAY IT PLEASE YOU HONOUR;
The Plaintiff abovenamed begs to states as follows;
1. That the Plaintiff is a respectable man and a medical practitioner of repute of this town.
2. That the defendant lodged a report with the Police Station Kotwali against the Plaintiff
under Sec.420, I. P. C. on………. (dated) and followed it up by filing a complaint under
Sec. 420, I. P.C., against the Plaintiff in the Courts of the Munsif Magistrate (city)
………………… who on…………… summoned the Plaintiff to stand his trial.
3. That after a full trial which lasted for……. Hearings the Munsif Magistrate (city) was
pleased to acquit the Plaintiff by his judgment dated………
4. That the report and the complaint of the Defendant were based on absolutely false
allegations and the Defendant acted maliciously and without reasonable or probable cause
in lodging the same.
5. That many persons, including a large number of the Plaintiff’s patients, hearing of the
prosecution of the Plaintiff for cheating, and supposing the Plaintiff to be a criminal, have
ceased to be treated by and have dealings with the Plaintiff, whereby the Plaintiff has
suffered considerable and substantial monetary loss.
6. That in consequence of the said prosecution, the Plaintiff suffered physical pain and mental
shock and was prevented from transacting his business and profession besides being
injured in his credit and reputation.
7. That the Plaintiff incurred an expenditure of Rs………… in defending himself against the
defendant’s said complaint.
8. That the Plaintiff is entitled to recover from the Defendant as damages the amounts detailed
below:
 On account of loss of business and profession Rs………
 On account of loss of reputation and credit Rs…………
 On account of bodily and mental pain Rs………………
 On account of expenses of defense Rs…………………
Total Rs………………………
9. That the Plaintiff sent a notice to the Defendant demanding payment of the aforesaid
amount of Rs…………… The notice was served on the defendant on…………….. but he
sent no reply.
10. That the cause of action arose on……… the date on which the Plaintiff was acquitted, at
………………. Within the jurisdiction of this Court which has jurisdiction to try this suit.
11. That the valuation of the suit for the purposes of jurisdiction and payment of court-fee is
Rs……………….. and ad valorem court-fee has been paid accordingly.
12. The Plaintiff, therefore, claims the following reliefs:
 A decree for Rs…………….., may kindly be passed in favour of the Plaintiff and against
the Defendant.
 Pendent lite and future interests be awarded.
 Costs of the suit may be awarded to the Plaintiff against the defendant.
 Any other relief that this Court may deem just and proper.
Plaintiff.
Advocate of the Plaintiff
VERIFICATION
I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed,
do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going
petition is true to my own knowledge.
Solemnly declared at Mumbai )
Dated this day of , 20___)
, 20 )
Plaintiff
Interpreted & Explained by me
Advocate for Plaintiff

COMPLAINT UNDER SECTION 138 OF
NEGOTIABLE INSTRUMENTS ACT
Section 13 of the Negotiable Instruments Act defines negotiable instruments as “a promissory
note, bills of exchange or cheque payable either to order or to bearer”. A negotiable instrument
is a kind of document that guarantees its bearer a sum of money to be payable on demand or at
any future date. Section 138 of the NI Act is a penal provision that deals with the punishment
of dishonour of cheque. Dishonour of cheque is not an offence in itself but to become an
offence, the following ingredients should be there:
1. There should be a drawer that draws the cheque.
2. The cheque drawn should be in discharge of some liability.
3. Presentation of the cheque to the drawee bank.
4. The cheque returned by the bank unpaid on account of insufficient funds.
5. The cheque should be presented within six months from the date on which it was
drawn or within the period of its validity, whichever is earlier.
6. Within thirty days of receiving a memo of return from the bank, a notice should be
served to demand the payment of the said money.
7. The drawer fails to pay the said money within 15 days of the receipt of the said
notice.
It is to be noted here that if the drawer pays the debt within 15 days, there would be no offence.
The offence is said to be committed under Section 138 of the NI Act, only when he fails to pay
the debt within 15 days and such person shall be punishable with imprisonment for a term
which may be extended to two years, or with a fine which may extend to twice the amount of
the cheque, or with both.
PUNISHMENT FOR THE OFFENCES UNDER SECTION 138 OF

NEGOTIABLE INSTRUMENTS ACT, 1881
A person convicted for an offence under Section 138 of the Negotiable Instrument Act,
1881 shall be punished with imprisonment for a term which may extend to 2 years and with a
fine which may extend to twice the amount of the cheque, or with both. The provisions from
Section 138 to 142 were introduced with an object to increase the credibility of a cheque for
easy settlement of liabilities. Though the Act is primarily a civil law to ensure smooth
functioning of any transaction penal punishments were added.
DECRIMINALIZATION OF DISHONOUR OF CHEQUE
We saw that most of the countries of the world have considered the dishonour of cheque as a
civil wrong. In India, Section 138 of the NI Act is an embarrassment to its legal system where
a person is being sent to jail due to his inability to pay off the debt. India is a party to
the International Covenant on Civil and Political Rights which forbids sending of a person to
prison for failing to discharge his contractual obligations. The Ministry of Finance on 8th June
2020 proposed to decriminalise several economic offences one of which is Section 138 of the
NI Act. It can be seen as an attempt to improvise a tedious legal system and provide ease of
doing business.
CASES
In P Mohanraj V. Shah Brothers, the court held that the primary object of the provision of
Section 138 of the NI Act is not to penalise the wrongdoer but to compensate the victim. The
Hon’ble Court referring to the case of CIT v. Ishwarlal Bhagwandas observed that it is not
necessary that every civil proceeding begins with the filing of the suit and culminates in the
execution of the decree. It is worth understanding here that the procedures being followed while
dealing with the offences under Section 138 of the NI Act are procedures enumerated in the
code of criminal procedure. Though the legislature has started making attempts to decriminalise
the cheque bounce it is still a quasi-criminal offence.
FORMAT
IN THE COURT OF HON’BLE C.M.M, __________ DISTRICT, ____________

COURT, DELHI
COMPLAINT CASE NO. _______ OF 2020

IN THE MATTER OF:
ABC
S/o ______________________
R/o ______________________ ……….COMPLAINANT
VERSUS
XYZ
S/o ______________________
R/o ______________________ ………..ACCUSED
PS __________
COMPLAINT UNDER SECTION 138/142 OF N.I. ACT 1881 (AS AMENDED

UPTODATE) READ WITH SECTION 420 IPC, 1860
MOST RESPECTFULLY SHOWETH:-
1. That the complainant is a law abiding citizen and is a permanent resident of the
aforesaid address.
2. That the accused person is the permanent addressee of the aforesaid address and carries
on a business in the name and style of “XYZ & Sons” at Nirman Vihar in Delhi.
3. That the complainant and the accused are known to each other for many years and
having friendly relation.
4. That on 01.02.2020, the accused approached to the complainant and requested friendly
loan of a sum of Rs. 2,00,000/- (Rs. Two lacs only) for six months and the complainant
considered the request of the accused and the complainant gave Rs. 2,00,000/- to the
accused for six months i.e. till July 2020 through cheque bearing no. XXXXXX dated
01.02.2020 drawn on PQR Bank, Dilshad Garden. That the copy of cheque bearing no.
XXXXXX dated 01.02.2020 drawn on PQR Bank, Dilshad Garden is annexed and
marked as Annexure A for the kind perusal of this court.
5. That in order to discharge his liability, the accused issued one Post Dated
Cheque bearing no. XXXXXX dated 01.07.2020, for a sum of Rs. 2,00,000/- drawn
on Bank of LMN, Mandoli in favour of the complainant & the accused also assured
the complainant that the cheque would be honored on its due date on presentation. That
the cheque bearing no. XXXXXX dated 01.07.2020 drawn on Bank of LMN has been
annexed and marked as Annexure B herewith for the kind perusal of this court.
6. That on 17.08.2020, the complainant presented the above said cheque with his banker
i.e. PQR Bank, Dilshad Garden, Delhi, but the said cheque was dishonored by the
banker with the remarks of “FUNDS INSUFFICIENT” vide returning memos
dated 18.08.2020. That the returning memo dated 18.08.2020 has been annexed and
marked as annexure C for the kind perusal of this court.
7. That on 18.08.2020, the complainant approached the accused and narrated the entire
fact of the dishonor of cheque bearing no XXXXXX dated 01.07.2020, and requested
the accused to make the payment of the cheque but the accused did not give satisfactory
reply to the complainant.
8. That the accused has made false promises to the complainant and seem to have no
serious intention to pay back the money of the complainant.
9. That the intention of the accused at the time of issuance of cheque was malafide as the
accused stopped the payment of cheque intentionally and has committed the offence of
dishonoring of cheque u/s 138 NI Act and have also committed cheating with the
complainant and the accused wrongfully gained the money from the complainant and
therefore have committed an offence u/s 420 IPC.
10. That complainant sent a legal notice dated 20.08.2019 to the accused against cheque
No. XXXXXX dated 01.07.2020 for sum of Rs. 2,00,000/-, through registered A.D.
through his counsel and the same was duly served upon the accused on 25.08.2020 but
despite the service of notice, the accused did not pay the said amount. That the legal
notice and receipt of service are annexed as Annexure- D & E respectively herewith for
the kind perusal of the court.
11. That the accused has failed to make payment of above said cheque within stipulated
period, and the accused is deliberately and willfully not making the payment of above
said cheque amount. That whereas the accused is under legal obligation to make
payment of above mention cheque to the complainant as said cheque were issued to the
accused in favour of complainant in respect of legally recoverable debt.
12. That present complaint has been filed against the accused within period of limitation
and there is no other complaint case pending against the said transaction before any
court of law.
13. That the appropriate court fees has been annexed on the face of the complaint and in
case of any deficiency, the complainant undertakes to fulfil it.
14. That the Hon’ble Court has territorial jurisdiction to entertain the present complaint as
the bank of the Complainant i.e. PQR Bank, Dilshad Garden is situated in the
Jurisdiction of the Hon’ble Court and therefore, this Hon’ble Court has jurisdiction to
entertain the same.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may be graciously pleased
1. To summon, try and punish the accused for the offence punishable under section 138
of Negotiable Instrument Act 1881 (As amended up-to-date).
2. Any other orders/relief which this Hon’ble Court may deem fit and proper in the light
of above facts and circumstances, also, be passed in favour of the complainant.
DELHI
DATED: Complainant
Through Counsel
VERIFICATION:
Verified at Delhi on this ___day of ________ 2020, that the contents of my above complaint
are true and correct to my knowledge and nothing has been concealed therefrom.
Complainant
IN THE COURT OF HON’BLE C.M.M, __________ DISTRICT, ____________
COURT, DELHI
COMPLAINT CASE NO. _______ OF 2020
IN THE MATTER OF
ABC ………. COMPLAINANT
VERSUS
XYZ ………..ACCUSED
AFFIDAVIT
I, ABC aged about ____ years, S/o _______ R/o _____________, do hereby solemnly affirm
and declare as under:-
1. That I am the Complainant in the accompanying petition under Section 138 N.I. Act,
1881 and the facts mentioned therein are true and nothing has been concealed herein.
2. That the accompanying petition has been drafted by my counsel under my instructions
which have been read over to me and explained to me in vernacular and same is true
and correct.
DEPONENT
VERIFICATION:-
Verified at Delhi on this _____ day of _____, 20__ that the contents of the above affidavit are
true to the best of my knowledge and belief no part of it is false and nothing material has been
concealed herein.
DEPONENT
APPLICATION UNDER ORDER 6 RULE 17 OF CODE
OF CIVIL PROCEDURE (AMENDMENT OF
PLEADINGS)
The word ‘pleading’ in ‘amendment of pleadings’ can be understood by Order VI Rule 1 of the
Civil Procedure Code(CPC), 1908. It defines a Pleading broadly `as a plaint or a written
statement. While a Plaint is a formal statement filed by a Plaintiff to substantiate his claim,
similarly a Written Statement as per Order VIII Rule 1 is provided by a Defendant from his
side of the argument in that trial within thirty days of the summons being issued.
JUDICIAL INTERPRETATION OF AMENDING OF PLEADINGS

UNDER ORDER VI RULE 17
The Apex Court on an instance declared that an amendment to a pleading should be permitted
by a Court of Law if it does not add any disadvantage to the opposing party, despite such party
seeking amendment displayed some lapse. Order VI Rule 17, CPC guarantees that both parties
are not at a disadvantage merely because of some minor omission on their part.
By providing a chance to amend their pleadings, Courts can adjudicate the case on its
merits which are necessary for determining the matter in controversy. However, the provision
does not specify such a chance to amend their pleadings may be allowed. Therefore, such
guidelines have been interpreted by the Courts in various cases.
WHEN AMENDING PLEADINGS ALLOWED

An application to amend pleadings is allowed when the Courts finds it necessary to determine
the real question in controversy and when it does no injustice towards the opposite party. Both
these conditions have to be fulfilled.[14]
In general, in a pre-trial situation an amendment to a pleading may be allowed when such
application is for granting a consequential relief, for prevent more proceedings on the same
case, when certain events take place after filing the pleading, when such amendment clarifies
the previously filed pleadings, when parties are incorrectly described, where there is a
misstatement of cause of action or any other bonafide omission that are necessary to determine
the rights of the parties involved.
As stated before, a pleading can be both plaint and written statements.
The Apex Court in Usha Balashaheb Swami and Ors. v. Kiran Appaso Swami and
Ors provided that both are considered differently when it comes to amending. The reason was
stated as
“The general principle that amendment of pleadings cannot be allowed so as to alter materially
or substitute cause of action or the nature of claim applies to amendments to plaint. It has no
counterpart in the principles relating to amendment of the written statement.”
WHEN AMENDING PLEADINGS REJECTED

On most circumstances an application to amend pleadings by a party is rejected by a judge
because either they do not satisfy the two condition or the omission made was made recklessly
or the altered pleadings changes the basic nature of the pleading initially filed.
In Modi Spg. & Weaving Mills Co. Ltd. v. Ladha Ram & Co., the Allahabad High Court
contended that certain cases where altered pleadings are inconsistent or introduces a new and
different case, the leave shall be refused.
LAW OF LIMITATION
Date of application for seeking amendment of pleading is of utmost importance in litigation,
even though the words of the provision say “at any stage of the proceedings”. An early case
called Charan Das v. Amir Khan observes that despite an amendment to a pleading may be
necessary to determine the real question in controversy, at times law of limitation may be a
valid defense to refuse it.
Problems associated with Amending Pleadings in a Civil Suit
Litigation is such that the facts of a case may change materially between filing of a pleading
and trial which may necessitate amending pleadings to reflect these changes. However, a
frivolous overuse of this provision may hamper speedy disposal of cases and is against the
principle of ‘Justice delayed is Justice denied’.
The 222nd Law Commission Report indirectly suggests that every effort has been made to
avoid using provisions like Order VI Rule 17. The opposite parties are seldom compensated
for the delays caused by amending pleadings. This necessitates a re-examination because it is
being used in nearly all instances to make unnecessary amendments. In some cases, like these
the Civil Courts in India have refused to entertain an application seeking amendment even
though they may have qualified for the same.
FORMAT
IN THE COURT OF ______________

TITLE SUIT NO. _________
XYZ
———- Plaintiff – Petitioner

VERSUS
ABC
———- Defendant – Opposite party

In the matter of
A petition for amendment of Plaint under Rule 17, Order 6 of the Code of Civil
Procedure, 1908.
The humble petition for and on behalf of the Plaintiff – Petitioner most respectfully.
And for this act of kindness the plaintiff-petitioner as in duty bound shall ever pray.
SHEWETH
1. That the plaintiff petitioner instituted the suite on 01.02.2016 for declaration under section
42 of the Specific Relief Act, 1877 against the defendant.
2. That the suit is pending in this Hon’ble court and is fixed for hearing on 01. 06. 2016
3. That the learned advocate of the plaintiff has drafted the plaint in hurry to give the client
immediate relief, in his honest endeavor some mistake crept into the plaint and several
omissions were made which need to be corrected and inserted by the way of amendment
of plaint.
4. That the amendments sought for as follows:
 In page No.2 at para 3 the digit “264” shall be substituted by digit “246”.
 After paragraph No. 9 of the plaint a new paragraph requires to be inserted as Paragraph
no. 9A with following words;
“That after the death of defendant’s father defendant came to the plaintiff and requested him to
provide him a job to survive.”
5. That the amendment shall be needed to determine the real question of controversy.
6. That the proposed amendment shall not change the nature or the character of the plaint
and it shall not be prejudice to the other party.
7. That If the court shall not grant the petition of amendment of plaint, the plaintiff petitioner
shall be highly prejudiced.
Wherefore it is most humbly prayed that your lordship would graciously be pleased to allow
the petition of amendment and pass an order for the necessary amendment accordingly for the
ends of justice. And to pass such other order as deemed fit and proper.
And for this act of kindness the plaintiff-petitioner as in duty bound shall ever pray.
AFFIDAVIT
I, (PETITIONER) do hear by solemnly affirm and say as follows.
1. That I am the petitioner of this application and well acquainted with the facts and
circumstances of this case and competent to swear this affidavit.
2. That the statements made above are true to the best of my knowledge and belief.
Prepared in my office
————————-
Advocate
————————
Signature of the Deponent
The deponent is known to me and identified by me.
————————–
Advocate
Solemnly declared and affirmed before me on

This ____ day of ____ 20 __.
APPEAL (FIRST)
Appeals from original decrees are known as first appeal. The expression “appeal” has not been
defined in the Code of Civil Procedure. Right of appeal is the right of entering a superior court
and invoking its aid and interposition to redress the error of the court below. Thus, appeal is
“the judicial examination of the decision by a higher court of the decision of an inferior court”.
Explaining the concept of appeal in Bhil Kanji Bhagwan v. Bhil Karsan Bijal the Gujarat High
Court observed:
“Appeal is an application or petition to a higher authority or a Court of law for

reconsideration of the decision of a lower authority or an inferior Court of law. It is an
application or a proceeding for review to be carried out by a higher tribunal of a decision
given by a lower one. An appeal is one in which the question is. whether the order of the Court
from which an appeal is brought was right on the materials which that Court had before it.”
WHO MAY APPEAL
Appeal can be instituted by the following persons:
 persons who are aggrieved with the judgement and decree;

 on death of such person, by his legal representative;
 by the transfer of the interest of such person provided his name is on record and is
bound by the decree upto the limit of his interest, and
 by the purchaser of the property sold in auction.
Normally, no person is entitled to make appeal unless he is party to the case.
CONDITIONS UNDER WHICH APPEAL CANNOT BE MADE:
Under sub-section 3 and 4 of section 96, the appeal cannot be made under the following
conditions:
 Where the decree has been passed by the court with the consent of the parties.
 Where the cognizable suit by small causes court is such in which there is no question
of law is involved and the value of the suit does not exceed Rs. 10,000/- and
 Appeal against the final decree where the appeal against preliminary decree has not
been made (Section 97).
Therefore, no appeal can be made in the above three cases. Provision has been made under sub-
section 4 of section 96 that where any party is aggrieved with the preliminary decree but he
does not make appeal against such decree, then he will be precluded from making appeal
against the final decree (Kaushalya Devi Vs Baijnath, A.I.R. 1961, Sc 790).
PROCEDURE OF APPEAL:
Provision has been made for procedure of appeal under order 41 of the code. According to this:
Every appeal in the form of memorandum of appeal duty signed by the appellant or his advocate
will be submitted before the competent officer of the court (Order 41, Rule 1).
If signature are put by the advocate on such memorandum, then it is necessary to enclose
Vakalatnama with it (Mrs Parwati V/s Anand Prakash, A.I.R. 1987, Delhi 90).
The copy of order appealed against must be enclosed with the memorandum of appeal.
In one case, the copy of the order appealed against was not enclosed with the memorandum but
filed after before determination of such appeal. It was accepted by the court (Bhagat Ram Vs
Basant Ram, A.I.R. 1981, NOC 152, Himachal Pradesh).
In the memorandum of appeal, the objections to the decree will be stated briefly under different
heads, without any detailed particulars and arguments and such grounds will be numbered.
So long as these grounds of objections are not stated in the memorandum, they will not be
emphased and the court will not hear them.
It depends upon the discretion of the court to consider and hear those grounds which have not
been mentioned in the memorandum. But decision will not be made on these grounds till the
opportunity of hearing has been given to the party affected thereby (Order 41, Rule 2).
It the memorandum of appeal has not been made in the specified manner, then it will be rejected
by the court immediately or may be returned to the appellant for amendment (Order 41, Rule
3)
If the memorandum of appeal is accepted by the court then the date of submission will be
recorded on it and registered in the register of appeal (Order 41, Rule 9).
After the institution of memorandum of appeal, the stay order will be passed by the appellant
court to stay the proceedings of subordinate court.
But such order may be issued only when the court decided that there may be a severe loss to
the appellant if such order is not issued. If the execution of decree is stopped then the interest
of the public is also to be taken into account (State of Gujarat Vs Central Bank of Ahmedabad,
A.I.R. 1987, Gujarat 113).
It is to mentioned here that the power to stay the proceedings lies with the appellant court and
not with the execution court (Maya Devi Vs M/s Dharampal Madanlal, A.I.R. 1989, NOC 31,
Punjab and Haryana).
If on the day fixed for hearing or on the day for which the hearing has been postponed, the
appellant such appeal (Order 41, Rule 17).
If on the day fixed for hearing of appeal, if the appellant does not present himself, the court
may hear it ex-parte.
But if the appellant gives sufficient reason for his absence and the court if convinced may
criminal ex-parte order (order 41, Rule 21). Similarly, if sufficient reason is shown for absence,
then the order may be issued to retake the appeal for hearing (Order 41, Rule 19).
The court may be take additional evidence in the case provided this evidence is material in
deciding the appeal on the basis of its merits and demerits and thus evidence could not be made
available at the trial of the case (Order 41, Rule 27).
Finally, the court while giving proper opportunity of hearing to both the parties, the court will
announce its decision on appeal in open court (Order 41, Rule 30).
Such decision must be announced immediately after hearing the appeal. In a particular case,
the decision was announced after five years which was considered unjust. (Bhagwandas
fatechand Daswani Vs HPA International, A.I.R. 2000, SC 775).
FORMAT
IN THE COURT OF THE DISTRICT JUDGE……………………
Civil Appeal No. ……………… of 20…
C.D. ……………………………………………….. Appellant
Versus
C.F. ………………………………………………… Respondent
FIRST APPEAL UNDER SECTION 96 OF CIVIL PROCEDURE CODE,1908
MAY IT PLEASE YOUR HONOUR:
The above named appellant files the appeal under section 96 C.P.C. against the decree dated
……………… of …………………. Addl. Civil judge ……………….. in original suit No.
……………… of ………. titled ………………….. V. ………………….. and sets forth the
following grounds of appeal which is valued at Rs. …………………
GROUNDS OF APPEAL
1. Because the plaintiff needs to prove his readiness and willingness to have the sale dead
executed within time. The view of the court below to the contrary is wrong.
2. Because it has been fully established on record that it was the plaintiff who committed
the breach and not the defendant. The view of the court below to the contrary is
erroneous.
3. Because no notice was served on the defendant by the plaintiff before the period fixed
for the execution of the sale – deed. The finding of the court below to the contrary is
incorrect.
4. Because both parties having entered into evidence regarding the service of notice the
question of raising presumption of due service under section 114 of the Evidence Act
did not arise. The view of the court below to the contrary is incorrect.
5. Because it has been fully proved that the evidence of the postman was not worth relying
in face of a statement of ………………. The court below has wrongly rejected the
statement of ……………………. On absolutely untenable grounds.
6. Because the court below has misconstrued the legal position and has erred at wrong
conclusion.
7. Because from the agreement the intention of the parties are clear that they wanted to
pay and receive damages in case of breach by either of them and that is why an equal
sum was mentioned in the agreement. The view of court below that it was in personam
is not justified.
8. Because the ruling cited by the court below are not applicable to the facts of the case
and are distinguishable.
9. Because the suit for specific performance of the contract in any case has been wrongly
decreed. The plaintiff was not legally entitled to enforce the agreement.
10. Because the plaintiff has been disentitled to claim specific performance of the contract
by claiming damages for the breach. The court below did not consider this aspect of the
case.
11. Because the judgment of the court below is bad in law and on facts and deserves to be
set aside.
PRAYER
It is, therefore humbly and most respectfully prayed that the appeal be allowed with costs, and
the suit of the plaintiff be dismissed with costs.
Counsel for Appellant

 EXECUTION PETITION
The word ‘execution’ means implementation or enforcement of the order or judgment or order
passed by the competent Court. A Decree means conclusiveness, or an operation of a judgment
and the execution of a Decree is complete when the decree-holder gets satisfied as to its
enforcement against the judgment-debtor i.e. receiving of the awarded amount or property.
The term “Execution” is not defined in the Code of Civil Procedure. It basically means the process
for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per
Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the
execution of any decree or order.
It is the way by which a decree-holder compels the judgment-debtor to carry out the mandate of
the Decree. Once the Decree is obtained, depending on the nature of the case, the Decree-holder
can choose its mode of execution of the Decree under Section 51 – 54 of the CPC. To take the
benefit of a decree, execution proceedings – an Application under Order XXI of the (CPC must be
filed before the appropriate court/authority within 12 years from the date of Decree.
Execution decree can be made only against the judgement debtor if he is alive or against legal
representatives of judgement debtor.
The decrees that may be executed are:
 The decree of a court against which no appeal has been made shall be executed after expiry
of the limitation period.
 Where a decree is reversed, modified on appeal, the only decree capable of the execution
is the appellate decree, but exceptionally where the appellate judgment simply dismisses
the appeal. General rule that the appellate decree alone is to be executed, does not apply
and the court should look at the later decree for the information of its contents.
General rules:
1. The general rule as laid down under Section 38 of CPC is that the Decree may be executed
either by the court which passed it or by the court to which it is sent for execution. The
words ‘Court which passed the Decree’ includes courts which passed the Decree (court of
the first instance) and courts of the first instance in appellate Decree.
2. The executing court cannot question the validity of a Decree or entertain an objection as to
the legality or otherwise of the Decree. It must take the Decree as it stands and executes it
according to its terms. The executing court must abide by the directions contained in the
Decree.
3. An executing court cannot question the Decree and has to execute the Decree as it stands,
however, this principle has no operation when the objection is based on the effect of the
provision of the Act, which deprived the party of his proprietary rights. In these
circumstances, the executing Court can refuse to execute the Decree holding that, it has
become inexecutable on the account of change in the law.
Applications for Execution:
Application for execution can be made by:
 The decree holder himself.

 His legal representative if the decree holder is dead.
 Any person claiming under the decree holder.
 Transferee of Decree holder who has given notice to transferor and judgement debtor.
 Any one or more of the Decree holders where it is for benefit of all and no contrary
intention is indicated.
Modes of Execution:
Section 51 of C.P.C lays down the court may on the application of decree holder subject to such
conditions and limitation as may be prescribed, order execution of the decree.
The code sets down different methods of execution. After the decree holder files an application for
execution of decree, the executing court can implement execution.
A decree can be enforced by:
 By delivery of any property specifically decreed.

 By attachment and sale or by sale without attachment of the property.
 By arrest and detention.
 By appointing a receiver.
 By effecting partition.
 Any such manner which the nature of relief requires.
The procedure of Execution:
1. A written application is to be filed in the court that originally passed the decree or the court
to which it has been transferred for execution. It shall contain all the essential information
such as suit number, name of parties, date of the decree, any appeal preferred or pending,
amount due, name of the person against whom execution is sought, and most importantly
the mode in which the assistance of the court is required. On filing the Application, a
lodging number is given for raising of defects – Time limit three weeks from the filing of
Application, defects are raised by the registry.
2. On raising of defects, the Decree holder must remove all defects and get the same certified
by the registry – Time limit one week from raising of the defect by the registry.
3. After the executing court has satisfied itself that all defects if any have been cured in the
application and has provisionally evaluated, without prejudice to the right of the parties,
the correct amount for the execution of the decree concerning the value of the immovable
property, it finally gives a number to the Application for further movement. On obtaining
of a final number to the Application, process or a show-cause notice is issued by the registry
to the judgment debtor, only if, the execution petition is filed after 2 years of the passing
of the decree, or is against a legal representative or assignee or receiver where DH is
declared to be insolvent – Time limit two weeks from date of the final number.
4. Where the person to whom notice is issued under rule 22 does not appear or does not show
cause to the satisfaction of the court why the Decree should not be executed, the court shall
order the Decree to be executed, by the issuance of Warrant of Sale and/or Warrant of
Attachment. Where such person offers an objection to the execution of the decree, the court
shall consider such objection and make such order as it thinks fit – Time limit is about four
weeks to eight weeks for the hearing to take place and decision of the registry.
5. Once after the court has decided upon the claims or objections (if any), raised by the
judgment debtor, against the execution of a decree, the DH shall move an application
requesting attachment of immovable property preceding the sale. Though sale can take
place without attachment, this shall further help in protecting the interests of the Decree
Holder – Time limit is about two weeks from the decision on claims/objection if any and/or
final numbering of the Application, whichever is applicable.
6. Once the Warrant of Attachment is issued, the same be drawn in writing and posted at a
conspicuous place adjacent to the immovable property in question, and at collector’s office
if the said property is a land paying revenue to the government. Besides affixing Warrant
of Attachment, it shall be publicly proclaimed with the beating of drums and other means.
– The time limit is two weeks from the issuance of the Warrant of Attachment.
7. Based on the report submitted by the bailiff of Sheriff office, the registry shall issue a
Warrant of Sale order in the name of the bailiff to publicly auction as per the details
mentioned in the warrant on the date and place specified and report back to court with an
endorsement certifying how sale has been executed or the reason why it has not been
executed. – The time limit is two weeks from the submission of the report.
Draft of an Execution Petition:
IN THE COURT OF ____________________________________
Execution Petition No. ________________
In
Civil Suit No. _______________
_________________________________________Decree Holder
VS
_________________________________________Judgment Debtor
Dated_____________
The Decree Holder prays for execution of the Decree/Order, the particulars whereof are
stated in the columns hereunder.

1. No of Suit
2. Name of Parties
3. Date of Decree/order of which
execution is sought
4. Whether an appeal was filed against

the decree / order under execution
5. Whether any payment has been

received towards satisfaction of
decree-order
6. Whether any application was made

previous to this and if so their dates
and results
7. Amount of suit alongwith interest

as per decree or any other relief
granted by the decree
8. Amount of costs if allowed by

Court
9. Against whom execution is sought
10. In what manner court’s assistance is

sought
The Decree Holder Humbly Prays that:
1.
2.
3.
Decree Holder
Verification:
I, ________________________ do hereby verify that the contents of this application are
true to my knowledge or belief.
Place: Delhi
Date:
Signature of Decree Holder
Through
Advocate
 REVISION
Sec. 115 of the code provides for revision by the High Court an order or decision of any court
subordinate to such High Court. A Revision Petition is basically an application made to a High
Court to correct the mistakes made by the Courts subordinate to it.
Revision is not a continuation of suit but is altogether a separate proceeding. Ordinarily appellate
jurisdiction involves a rehearing and is invoked by an aggrieved person. Revisional jurisdiction is
analogous to a power of superintendence. The conferment of revisional jurisdiction is generally
for the purpose of keeping courts subordinate to the revising court within the boundary of their
authority to make them act according to law and according to well defined principles of justice.
The extent of revisional jurisdiction and appellate jurisdiction is defined by statute and has to be
considered in each case with reference to the language employed by the statute. 'Revision' means
looking back at what is already done and correcting the error in the same.
When can a Revision Petition be filed?
 The impugned order amounts to a case decided.

 The case has been decided by a court subordinate to the High Court. (a court can pass a
number of orders in a suit and such order need not be the final one.)
 No appeal must be filed against the suit in the High Court or any other court which is
subordinate to the High Court.
 The subordinate court appears to have:
o Exercised jurisdiction not vested in it by law;
o Failed to exercise jurisdiction vested;
o To have acted in the exercise of the Judge illegally or material irregularity.
Limitation Period
The period of limitation for filing a revision application is 90 days from the date of decree or order
of the subordinate court.
Draft of revision
In the High Court of _______
(Under its revisional jurisdiction)
Civil Revision No. ________
Name and particulars of party .......... Petition/Defendant
Vs.
Name and particulars of party.......... Respondent/plaintiff
Revision under sec.115 of the code of civil procedure against the impugned order passed by it
District, Judge of .............. on date .............. .............. in suit No. ..............
The petitioner submits as follows:
1. The respondent had instituted suit bearing No. .............. in the court of District judge, _____.
The courts decreed the said suit of the respondent on.............. and order the petitioner to execute
the decree the respondent.
2. The petition being aggrieved by the said decree and judgment prefers this application on the
following among other ground:
a. That the decree and judgment passed by the learned judge is illegal and inoperative.
b. That the learned judge has erred in law by passing the said decree on the grounds of
c. That the Ld. Judge erred in law by not appreciating the petitioner's application for producing
material document.
d. That in doing so, the learned. Judge in the exercise of the jurisdiction has acted with an
illegality and a material irregularity.
e. The said judgment and decree is against justice, equity and good conscience; and hence not
sustainable in this court.
3. In the aforesaid circumstances, the applicant submits that the Hon'ble court be pleased to call
for the records of the trial court and revise its judgment and decree its judgment and decree in the
interest of justice.
Dated: Sd/-
Place: Advocate for the petitioner.

 WRIT PETITION AND SLP (CIVIL & CRIMINAL)
WRIT PETITION
The term ‘writ petition’ in its general connotation means a Petition filed before the competent
Courts, having prerogative powers, when one or the other fundamental rights (some special and
inherited rights) of the people are infringed by the government or its officials.
 Habeas Corpus
Habeas Corpus is a writ requiring the body of a person to be brought before a judge or Court. In
other words, it is prerogative process for securing the liberty of the subject which affords an
effective means of immediate release form unlawful unjustifiable detention whether in prison or
in private custody. It is an ancient supreme right of the subject. Its object is the vindication of the
right of the personal liberty of the subject. The High Courts and the Supreme Court have got a very
wide power of protecting the liberty of subjects, under Art.226 and Art.32 respectively of the
Constitution. These powers are to be exercised on certain fixed judicial principles and not in an
arbitrary manner. The jurisdiction can be exercised if the Court is satisfied that the detention is
illegal or improper, where the Court can also embark upon an inquiry as to whether the enactment
under which a person is detained is proper or not. A proceeding of habeas corpus is essential of a
civil character, and is concerned with the personal liberty of a citizen. However, the power is
exercised on the criminal side of the High Court’s appellate jurisdiction. The High Courts and the
Supreme Court exercise this power when satisfied that the matter is of urgency, and no other legal
remedy is available.
An application for habeas corpus may be made by any person interested in the liberty of the
detenue without unreasonable delay; and it must be supported by an affidavit of the petitioner.
Ordinarily a rule nisi (to show cause) is issued by the Court in the first instance. It is not open to
Court to go behind the reasons given by Government for the detention, and it must see the motive
of the impugned law and the bonafide of the Government. If the impugned detention has been
induced by malafide and some other strenuous reasons and not for bonafide cause, it shall be
quashed and the individual shall be set at liberty.
 Mandamus
It is high prerogative writ of a most extensive remedial nature. The Supreme Court and high court
have power respectively under Article 32 and Article 226 of the Indian constitution to issue this
writ in the form of a command directing any person holding public office under the government
or, statutory bodies or, corporation or, to an inferior Court exercising judicial or quasi-judicial
function to do a particular act pertaining to his office or duty and which the court issuing the writ
considers to be the right of the petitioner and is in the interest of justice. It is not restricted to
persons charged with judicial or quasi-judicial; duty only. It is issued only when there is a specific
legal right, but not specific legal remedy to enforce that right. It lies for restoration, admission and
election to office of a public nature so long the office is vacant. It may, also, lie for the delivery,
inspection and production of public books, papers and documents provided that the petitioner has
a direct tangible interest in such books, paper and documents. It lies for the performance public
duties which are not discretionary and compel public officials to perform such public duties.
Mandamus will not be issued when any alternative remedy by way of appeal or any other remedy
under any other statute is available. Article 32 is limited to the enforcement of fundamental right
of part III of the Constitution only.
 Certiorari
The writ of Certiorari may be issued to any judge, Magistrate or person or body of person or
authority vested with judicial or quasi-judicial functions. An order of Certiorari is an order
directing the aforesaid authorities and requiring them to transmit the record of the proceedings in
any cause or matter to the High Court to be dealt with there. It may be issued when the decision
complained is of an authority having the legal duty to act judicially or quasi- judicially, and the
authority has either no jurisdiction, or there is an excess of jurisdiction. Mainly it is issued for
quashing decisions only.
 Prohibition
The writ of prohibition is an order directed to an inferior Court or tribunal forbidding such Court
or tribunal from continuing with the proceeding of any cause or matter. It is an appropriate writ
‘to a tribunal which threatens to assume or assumes a jurisdiction not vested in it, so long as there
is something in the proceeding s left to prohibit.’ The difference between a writ of Prohibition and
Certiorari is that the former is issued to restrain a tribunal from doing an act before it is actually
done, while the latter may be issue during the course of the proceeding of an act and even after the
act is done and the proceeding is concluded. Both can be issued to the person, or body, or tribunal
if charged with judicial or quasi-judicial duties.
 Quo Warranto
It is a writ questioning a right of a person holding an office of a public nature, and direct him to
show an authority under which he is holding such office or exercising the right. In older days it
lay against the crown who claimed or usurped any office, franchise or liberty for holding an
enquiry by what authority he support his claim. Now, it may be issued any person holding the
office of a public nature on the application of any person without alleging the violation of his any
specific right.
Criminal Writ Petition: Any writ petition filed in relation to breach of criminal law or anticipated
breach of criminal laws, is known as Criminal Writ Petition. A criminal writ petition can be filed
to enforce the rights of an accused or any other matter related to the criminal law, including arrest,
release on bail, anticipatory bail, pleas, discovery, pre-trial hearings, trials, arguments on charge,
evidence, motions, custodial violence etc.
Civil Writ Petition: Any writ petition filed in relation to breach of civil law or anticipated breach
of civil laws, is known as Civil Writ Petition. A civil writ petition can be filed in cases related to
land & property disputes, matrimonial and divorce proceedings, revenue related cases (such as
Income Tax, Customs & Excise, Sales Tax), environment laws, Intellectual Property Rights, patent
law, labour & service related matters, money-recovery cases, bank liquidation cases, injunctions,
ex-parte orders etc.
Draft of a civil writ petition
IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. ________OF2016
IN THE MATTER OF :
X PETITIONER
VERSUS
Y ... RESPONDENT
WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA

FOR ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS OR
ANY OTHER APPROPRIATE WRIT
Most Respectfully Showeth:
1. That the petitioner is a citizen of India residing at____(address) & (other particulars of the
petitioner)____. The respondent is (particulars of the respondent).
Brief facts:
1.
2.
3.
Question(s) of law:
1.
2.
Grounds:
1.
2.
3.
4.
5.
That the Petitioner has no other alternative efficacious remedy except to approach this Hon’ble
Court by way of this writ petition. Also, the petitioner has not filed any other similar writ petition
either before this Hon’ble Court or before the Supreme Court of India. And, that the Hon’ble court
has territorial jurisdiction to entertain the writ petition.
PRAYER
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) .............
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in
the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND, EVER
PRAY.
PETITIONER
Date: THROUGH
Place: ADVOCATE
(this petition is to be supported with the affidavit)

Draft of a criminal writ petition
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 2005
IN THE MATTER OF
.....Petitioner
versus
....Respondents
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

READ WITH SECTION ___ OF THE CODE OF CRIMINAL PROCEDURE,
1973 SEEKING ISSUANCE OF A WRIT OF ______ AND/OR ANY OTHER
APPROPRIATE WRIT, ORDER AND/OR DIRECTION IN THE NATURE
THEREOF, QUASHING THE ORDER PASSED AGAINST THE
PETITIONER
(rest body is same as civil writ)

SLP
The appellate Jurisdiction of the Supreme Court of India is governed by the Constitution of
India under Article 136. This Article empowers the Supreme Court to grant leave to appeal
against all types of orders passed by the various High Courts of India. Once an appeal is filed
and numbered, normally matters are heard for admission within 15 days from the date of
numbering. The above said petition should be filed with 60 days from the date of passing of
the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a
delay, then it is empowered to condone the delay and admit the appeal. If the Court decides
to hear the case then it will issue notice to all the parties and list it for a final disposal. If the
case requires more time, then the Court posts the matter for final hearing on a non-
miscellaneous day. The Court normally entertains the petitions which are filed challenging
the Final judgments only, but in some cases SLPs are entertained even against the interim
orders.
Civil SLP: refers to the cases relating to contracts, intellectual property, property, succession,
transfer of property, labour, service, land acquisition, wills and probate, arbitration,
matrimonial etc., Any order passed by the High Court either in a Civil matter or Writ Petition
can be challenged in the Supreme Court of India by filing a Special Leave Petition under
article 136.
Criminal SLP: Article 136 empowers the Supreme Court to grant leave to appeal against all
types of orders passed by the various High Courts of India including the cases relating to
criminal Appeals, Criminal Revision Petitions etc., Any order passed by the High Court in a
Criminal matter can be challenged in the Supreme Court of India by filing a Special Leave
Petition.
Draft of a civil SLP

CIVIL APPELLATE JURISDICTION
ORDER ___, Rule ____, SUPREME COURT RULES 2013
SPECIAL LEAVE PETITION

(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CIVIL) No.___ OF 2016
(Arising out of Judgment and order dated ____ passed in Writ Petition No. ____ by Hon’ble
High Court of Judicature of ___________)
BETWEEN Position of parties

In the Court/ Tribunal from in this Court
whose order the Petition arises
A. Particulars of petitioners Petitioner/Respondent/Appellant Petitioner

B. __________
C. _________
AND
D. Particulars of respondents Petitioner/Respondent/Appellant Respondent

E. ________
SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF

CONSTITUTION OF INDIA
To
Hon'ble the Chief Justice of India
and His Companion Judges of the
Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully showeth :-

1. The petitioner/petitioners above named respectfully submits this petition seeking
special leave to appeal against the judgment/order of
Hon’ble High Court of Judicature at __________ judgment dated ________ in civil

writ petition______ titled ___________ which was dismissed by the Hon’ble High
Court.
2. QUESTIONS OF LAW:
That the following questions of law arise for consideration herein:
3. Declaration in terms of Rule 3 (2):
That the Petitioner states that no other petition for special leave to appeal has been
filed by him against the judgment and order impugned herein.
4. Declaration in terms of Rule 5:
The Petitioner states that the Annexures filed along with the special leave petition are
true copies of the pleading’s and 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:
That the special leave to appeal is sought on the following grounds:
A.
B.
C.
6. Grounds for interim relief
7. Main prayer
8. Interim relief
___________________
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER REMAIN
GRATEFUL AS IN DUTY BOUND
Place:
Date : Advocate for the Petitioner
(to be supported by an affidavit)
Draft of a criminal SLP

(CRIMINAL APPELLATE JURISDICATION)
ORDER ____, Rule _____, SUPREME COURT RULES 2013
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CRL) No._________ OF 2016
(ARISING FROM THE FINAL JUDGEMENT AND ORDER DATED _____
PASSED BY THE HIGH COURT OF _________ AT ________ IN CRIMINAL
APPEAL NO. ___ OF _____)
(rest all same as civil SLP)

 APPLICATION FOR TEMPORARY INJUNCTION ORDER 39 RULE 2
OF CODE OF CIVIL PROCEDURE
Temporary injunction is an interim remedy that is raised to reserve the subject matter in
its existing condition and which may be granted on an interlocutory application at any stay
of the suit. Its purpose is to prevent the suspension of the plaintiff’s rights. Section 94 of
the CPC provides the supplemental proceeding so that Plaintiff can prevent this right,
wherein Section 94 (c) and (e) of Code of Civil Procedure, the Court may grant a
temporary injunction or make such other interlocutory orders. These are temporary
injunction because its validity is until the further order passed by the court or until the
final decree of the case.
Rules under Order XXXIX of the Code of Civil Procedure, 1908 on Temporary
Injunctions
1. Order 39, Rule 1 talks about the cases in which the court may grant a temporary
injunction as a statutory relief, they are:
 In the case of property dispute, if the property in question is under a risk of
being wasted, damaged or alienated or wrongfully sold by an individual
involved in the suit.
 If an individual threatened or displayed intention of removing or disposing
off of his property with a motive to defraud his creditors. This is specific to
the defendant only.
 If the plaintiff is threatened – by the defendant – to be dispossessed or injured
in the context of the property dispute under question.
 If the defendant were to commit a breach of peace or contract. The
aforementioned ground is also highlighted in Order 39, Rule 2 of the CPC,
1908.
 Lastly, the court may issue an injunction if it is of the opinion that it would
be an act in the interest of justice.
2. Order 39, Rule 2-A talks about the non-compliance of an individual with regards
to an injunction, they are:
 It mandates the detainment of that individual in civil prison for not more than
three months.
 Furthermore, it warrants the attachment of property of that guilty individual
for not more than a year. However, if the delinquency were to continue, the
property may be sold.
In the case of Ram Prasad Singh v. Subodh Prasad Singh (1983), it was highlighted
that it is not necessary for an individual to be a party to the concerned suit, to be liable
under Order 39, Rule 2-A of the CPC, 1908, provided it is known that he was an agent of
the defendant and violated the injunction despite being aware of the same.
3. Usually, the court is required to issue a notice to the opposite party regarding the
application of injunction, but through Order 39, Rule 3, the court can grant an ex-
parte injunction when it is under the belief that the object of the injunction would
be defeated because of delay.
The Supreme Court through the case of Union of India v. Era Educational Trust
(2000), laid down certain guiding principles for courts to follow while deciding upon an
ex-parte injunction, they are:
 Whether the plaintiff will be a victim to irreparable mischief by the defendant?

 Whether the weight of injustice will be heavier if an ex-parte injunction is not
granted?
 Whether the timing of applying for an ex-parte jurisdiction was maliciously
motivated?
 The courts will also consider the general principle of balance and irreparable
loss.
4. Order 39, Rule 4 lays down that an injunction may be discharged, varied or set
aside, if any dissatisfied party makes an appeal against it, provided that:
 The application for injunction or documents advocating the same included
knowingly false or misleading statements and the injunction was granted
without listening to the other party. Thus, the court will vacate the injunction.
However, it can also stick with the injunction if it considers – the reason is to
be recorded – the same not be necessary in the discourse of injustice.
 Furthermore, the court may also set aside the injunction if, due to a change of
circumstances, the party against whom the injunction is granted, has suffered
unnecessary hardships.
5. Order 39, Rule 5 makes an important point that, if an injunction is granted against
a corporation or a firm, the authority of the is not limited to the corporation as an
entity alone, members and officers of the corporation whose personal action it
seeks to restrain are also included under its ambit.
What are the basic principles of temporary injunction?
Granting the temporary injunction is the exercise of the discretion which should be in
judicial manner. No hard and fast rule can be laid down for guidance of the court to that
effect. Therefore it is well settled that, before granting the Temporary Injunction, the
Judge has to consider whether the Application is falling into below-mentioned categories/
has Plaintiff shown following points:
 Prima Facie Case

 Irreparable Injury
 Balance of Inconvenience
 Other Factor
Prima Facie case: In every application, the Applicant/Plaintiff must make out a prima
facie case in support of the right claimed by the Plaintiff. The Court is pleased to see that
there is a bonafide dispute between the parties wherein investigation is needed.
In Martin Burn Ltd vs. R.N.Banerjee 1958 AIR 79 SCR 514 – The Supreme Court held
that the Plaintiff should come before the Court with clean hands. If he suppresses material
facts and evidence then he is not entitled for the relief of injunction and further points of
balance of convenience, irreparable injury need not be considered in such case.
In Prakash Singh vs. State of Haryana, 2002 (4) Civil L.J.71 (P.H.)[5] – The Court has
explained that Prima Facie does not mean that a Plaintiff/Applicant should have a full
proof case in his favour which will succeed in all probabilities. It means that the
plaintiff/applicant has a case which cannot be rejected summarily or dismissed out right.
It raises consideration which can be considered on merits.
Irreparable Injury: Further, the applicant must satisfy the court that he will suffer
irreparable injury if the injunction is not granted. The Court must be satisfied that the
Plaintiff needs to be protected from the consequences of apprehended injury.
The expression irreparable injury however does not mean that there should be no
possibility of repairing the injury. It only means that the injury must be a material one. i.e.
which cannot be adequately compensated by damages. An injury will be regarded as
irreparable where there exists no certain pecuniary standard for measuring damages.
The Supreme Court in Shanti Kumar Panda v. Shakuntala Devi, 03.11.2003, where the
court held thus: ‘At the stage of passing an interlocutory order such as on an application
for the grant of ad interim injunction under Rule 1 or 2 of Order 39 of the CPC, the
competent Court shall have to form its opinion on the availability of a prima facie case,
the balance of convenience and the irreparable injury __ the three pillars on which rests
the foundation of any order of injunction.
Balance of Convenience: The Applicant must prove in this application that there is the
balance of convenience must be in favour of the applicant i.e. the comparative mischief,
hardship or inconvenience which is likely to be caused to the Applicant if the injunction
is been refused.
In Bikash Chandra Deb vs Vijaya Minerals Pvt. Ltd.: 2005 (1) CHN 582, the Hon’ble
Calcutta High Court observed that issue of balance of convenience. The Court shall
slender in favour of overview of the concept of balance of convenience, but does not mean
and suggest that the balance would be on one side and not in favour of the other. There
must be proper balance between the parties and the balance cannot be a one-sided affair.
In Anwar Elahi vs Vinod Misra And Anr. 1995 IVAD Delhi 576, 60 (1995) DLT 752,
1995 (35) DRJ 341 it was held that ‘Balance of convenience means comparative mischief
or inconvenience. It can be likely to issue from withholding the injunction will be greater
than that which is likely to arise from granting it. In applying this principle, the Court has
to consider the amount of substantial mischief that is likely to be done to the applicant if
the injunction is refused and compare it with that which is likely to be caused to the other
side if the injunction is granted.’
Other factors: The Court also considers some other factors before granting injunction.
The relief of injunction may be refused on the ground of delay, laches or acquiescence or
whether the applicant has not come with the clean hands or has suppressed material facts,
or where monetary compensation is adequate relief.
Ground for granting temporary injunction
Under Section 95 of CPC, it is specifically mentioned that the temporary injunction may
be granted in any suit wherein the Court is satisfied that there are sufficient grounds to
grant the temporary injunction. If the Plaintiff fails to prove the sufficient grounds in his
application then the Court may pass the suitable compensation to the defendant, in case
the Defendant is claiming in his application.
Section 95 read with Order 39 Rule 1 and 2 empowers the Court to pass the temporary
injunction:
 When there is a reasonable apprehension and danger of alienation or disposal of

property by any party to the suit or by wrongful waste of the property; or
 When there is an apprehension of alienation or disposal of the property to defraud
creditors; or
 Where Defendant threatens to dispossess the Plaintiff or otherwise causes injury
to the interest of the Plaintiff or otherwise causes injury to the interest of Plaintiff
in relation to the disputed property; or
 When the Defendant is about to commit a breach of contract; or
 Any other injury is likely to be caused or likely to be repeated; or
 Where the Court is of the opinion that for protection of interest of any party to the
suit or in the interest of justice injunction or stay is required and necessary.
Temporary Injunction when cannot be granted
 To restrain any person from prosecuting a judicial proceeding at the institution of

the suit, in which injunction is sought, unless restraint is necessary to prevent
multiplicity of proceedings.
 to restrain any person from instituting or prosecuting any proceeding in a Court
not subordinate to that, from which injunction is sought.
 to restrain any person from applying to any legislative body,
 to restrain any person from instituting or prosecuting any proceeding in a criminal
matter,
 to prevent the breach of a contract the performance of which could not be
specifically enforced.
 to prevent on the ground of nuisance, and act of which it is not reasonably clear
that it will be a nuisance.
 to prevent a continuing breach in which the plaintiff has acquiesced,
 when equally efficacious relief can be certainly be obtained by any other usual
mode of proceeding except in case of breach of trust,
 when conduct of the plaintiff or his agents has been such as to disentitle him to the
assistance of the Court.
 when the plaintiff has no personal interest in the matter
Draft of a temporary injunction application
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI
IA NO. ___________OF 20...
IN
SUIT NO. ___________OF 20...

In the matter of :
X (particulars of plaintiff) Plaintiff/Applicant
VERSUS
Y (particulars of defendant) Defendant/Respondent
APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX,

RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, 1908
1. That the plaintiff has filed a suit for permanent injunction which is pending for
disposal before this Hon’ble Court.
2. That the contents of the accompanying suit for permanent injunction may kindly be
read as a part and parcel of this application which are not repeated here for the sake of
brevity.
3. That the plaintiff/applicant has got a prima-facie case in his favour and there is
likelihood of success in the present case.
4.
5.
6. That the balance of convenience lies in favour of the plaintiff and against the
defendants.
7. That if a temporary injunction is not granted against the respondents, plaintiff shall
suffer irreparable loss and injury and the suit shall become anfractuous and would lead
to multiplicity of the cases.
PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-
a.
b. pass such other and further order(s) as may be deemed fit and proper on the facts
and in the circumstances of this case.
Plaintiff /Applicant
Place: Through
Date: Advocate

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MODULE 2

SUIT FOR PART-PERFORMANCE OF THE

SUIT FOR SPECIFIC PERFORMANCE OF THE

ELEMENTS INVOLVED IN A SUIT FOR SPECIFIC PERFORMANCE

WHERE A SUIT FOR SPECIFIC PERFORMANCE CAN BE

1. When the act agreed to be done is in the performance, wholly or partly, of

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT

Advocate High Court

 Place where the defendant(money defaulter) resides.

SUIT NO ……………. OF 20..

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

IN THE MATTER OF:

M/s ABC Pvt. Ltd.

Through its Director

M/s XYZ Ltd.

SUIT FOR RECOVERY OF RS. …………… UNDER ORDER XXXVII OF CODE OF

MOST RESPECTFULLY SHOWETH:

5. The suit is within the period of limitation.

Place and Date

There are three essentials’ elements of damages pointed by the act-

1. Detriment the wrongdoings by another

2. Compensation awarded to the loss bearded through legal remedies

3. Liquidated Damages- Some contracts include provisions having a pre-set amount of

LIMITATION PERIOD FOR A SUIT OF DAMAGES

SUIT FOR DAMAGES/COMPENSATION OF RS. _______/-

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

1. Tirath Kaur v. Kirpal Singh 1964 Punj 28

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__

IN THE MATTER OF:

Mr. ALU_________ PETITIONER

PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR

MOST RESPECTFULLY SHOWETH:

The Petitioner, above named states as under:

i) Place of residence before the Marriage

ii) Place of residence at the time of filing the Petition

8. The Petition is not being presented in collusion with the Respondent.

That the Petitioner, therefore, prays:

Signed and verified this _______ day of _______ 20 _______ at _______

MAINTENANCE SUIT BY WIFE

MAINTENANCE OF WIFE UNDER SECTION 18 OF HINDU

2. When the husband is liable for cruelty.

3. When the husband is suffering from leprosy.

4. The husband is liable for bigamy.

MAINTENANCE OF HINDU WIFE UNDER SECTION 125 OF THE

1. His Wife, who unable to maintain herself.

3. His father and mother, who unable to maintain themselves.

In Gomaji vs Smt. Yashoda

MAINTENANCE AS AN AWARD TO WIFE UNDER SECTION 23(2) OF

1. Status and Position of the parties.

2. The basic necessity of the claimant.

3. The basic comfort which a reasonable man needs.

5. The income of the respondent.

6. The number of members who depended financially on the respondent.

7. The degree of relationship between the two.

MAINTENANCE UNDER MUSLIM LAW

In Mohd. Ahmed Khan v. Shah Bano Begum Case

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________ PETITIONER

IN THE COURT OF THE _____ JUDGE AT _

MATRIMONIAL CASE NO. ________ OF 20

Signed and verified this ___ day of _ 20 _ at ___

CASE NO. ________ OF 20

CASE NO. ________ OF 20

Signed at _____ this _ day of _____20

Signed and verified this ___ day of _ 20 _ at ___

IN THE COURT OF THE _____ JUDGE AT _

Signed and verified this ___ day of _ 20 _ at ___

_AT ___, MUMBAI

Suit no.__ of 20_