Professional Documents
Culture Documents
Sample Format (Suit For Partition)
Sample Format (Suit For Partition)
VERSUS
INDEX
1. Memo of Parties
5. Vakalatnama
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Filed by
__________________ Advocate
New Delhi
Date:
VERSUS
MEMO OF PARTIES
Address_______________________________
VERSUS
Mr.___________________________________ DEFENDANT
Address_______________________________
Plaintiff
Through
__________________ Advocate
New Delhi
Date:
2/7
IN THE MATTER OF:
Address_______________________________
VERSUS
Mr.___________________________________ DEFENDANT
Address_______________________________
1. That the plaintiff aged about ____ is the younger son of Late_________________
residing at _________________________.
3. That the Defendant aged about _____ is the elder son of Late _______________ of
Residing at ________________________.
4. That the suit property was purchased by the grand father of Plaintiff and Defendant
Late _____________________ who expired on _______________. The suit property
have not been sub divided or partitioned and the defendant is in joint possession of the
same.
5. That the defendant have illegally and fraudulently retained with him the original papers
of the suit property. The said defendants further denied the existence of the right of just
share of the plaintiff in the suit property.
That the plaintiff got married to _____________ Ms. ________________, Daughter of
_____________________ on ________________ at _______________. The party to this
marriage was also blessed with a daughter aged about _____ _____. The copy of the
marriage Registration Certificate, issued by Registrar _________________ is
annexed herewith.
7. That for last one year the plaintiff is requesting the defendant for amicable partition of
the suit property, but the defendant is avoiding the same and have no intention in dividing
the suit property.
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8. That defendant, in fact, is avoiding the partition and therefore, it is in the interest of
plaintiff to get the property partitioned by metes and bounds.
9. That entire family of the plaintiff is suffering in the present situation and there is every
likelihood of illegal acts on behalf of the defendant in order to sell and dispose of the suit
property with a view to defraud and defeat the plaintiff and the plaintiff will be facing
irreparable loss and financial hardship at the hands of the defendants.
10. the plaintiff requested the defendant for the partition of the suit property in on _______
but the Defendant is reluctant to do partition of the Property.
11. That on _______ the Plaintiff has served a legal notice to the Defendant for Partition
of the property, which was not replied by the Defendant.
12. That the cause of action for partition had arisen in favour of the plaintiff and against
the defendant when the plaintiff requested the defendant for the partition of the suit
property in on _______ and when the Plaintiff has served legal notice dated _____ to the
Defendant and the cause of action further survived and is continuing as the defendant
has failed to partition the property till date.
PRAYER
In the facts and circumstances of case mentioned herein above this Hon-ble Court may
graciously be pleased to:
a) Pass a decree of Partition of Flat No.______ in favour of the Plaintiff by directing the
Defendant to handover physical possession of 50% share of the Property and original
documents to the Plaintiff;
b) Pass order to award legal expenses in favour of the Plaintiff and against Defendant;
c) Any other relief, which the Hon-ble court deems fit, may please be granted to the
plaintiff in the interest of justice.
PLAINTIFF
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, ____________, the above named Plaintiff states on solemn affirmation that contents of
Para 1 to __ of the Plaint are true and correct to the best of my knowledge and belief and
those of legal averments are true and correct on the basis of legal advice received and
believed to be true by me.
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Verified at ____ on this ______ day of _____ 20__
PLAINTIFF
VERSUS
LIST OF DOCUMENTS
Sl No Description Page No
1.
2.
3.
PLAINTIFF
THROUGH
______________., Advocate
Place :
Date :
VERSUS
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Mr. ____________ DEFENDANT
1. That the Plaintiff has filed the instant Suit for Partition against the Defendant and the
same is pending before this Hon-ble Court.
2. That the averments made in the accompanying plaint may kindly be read as part and
parcel of the application which are not being reproduced here for the sake of bravity.
3. That the Plaintiff has prima facie a good case in his favour and is very likely to succeed
in it.
4. That the balance of convenience is also in favour of the Plaintiff and against the
Defendant.
5. That the Plaintiff is residing abroad and has come to know that the Defendant has been
approaching different persons to sell and dispose of the Suit Property to defraud and
defeat the Plaintiff. The Plaintiff apprehends that the Defendant is taking steps to sell or
dispose of the Suit property.
6. It is submitted that grave loss and injury would be caused to the Plaintiff in case the
interim order as prayed for in this application is not granted and the same cannot be
compensated in terms of money.
8. The Purpose of this application and indeed the plaint, and ends of justice would be
defeated unless ex-parte ad-interim orders as prayed for are issued for injunction.
PRAYERS
(a) Issue an ex-parte ad-interim injunction against the Defendant during the Pendency of
Suit restraining and prohibiting the Defendant, his agents or representatives from in any
manner creating any charge, mortgage, liability, interest or any manner alienating by sale
or otherwise the suit property No____________ situated at _________________;
(b) Pass such other or further orders as this Hon-ble Court deem fit and proper in the
circumstance of the case.
PLAINTIFF
THROUGH
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______________., Advocate
Place :
Date :
Note: Please attach separate affidavits with Partition Suit as well as application for interim
injunction
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