Unit 1: Fundamental Rules of 1.
1. Complete name (First Name-Middle Name-
Pleadings
1.1 Structure of Plaint, Description
of Parties
Plaint Structure
A suit is instituted by filing a plaint, which is the
first pleading in a civil suit. A plaint comprises
of:
Heading and Title
Name of the court in which the suit is filed
indicated at the top of the first page. Heading of
the plaint means the court in which the suit is
instituted [Order VII, Rule 1( a)]. Then comes
the suit No. Thereafter the names of the parties
to the suit with all necessary particulars is given.
If there are more plaintiff or defendant than the
names of all plaintiffs/and defendant should be
given in plaint as plaintiff No. 1/Defendant No.1
and so on. Then comes the title of the suit.
Specimen:
IN THE COURT OF DELHI AT NEW
DELHI
CS(OS) No…./2020
IN THE MATTER OF:
A Example: XYZ India Ltd (CIN____), registered
S/o…
R/o…
Plaintiff
Versus
B Another important point here is, the Parties,
S/o…
R/o…
Defendant
SUIT FOR RECOVERY OF MONEY
Body of the plaint
Heading and title is followed by the body of the
plaint. The plaintiff acquaints the Court and
defendant with the case. The statement of facts
is divided into paragraphs numbered
consecutively. Dates, time and numbers should
be expressed in figures as well as in words.
Specimen:
The above named plaintiff states as
follows:
1. That ……………………….
2. That………………………..
3. That………………………..
Body of the plaint is further divided into
two parts:
(1) Substantive portion
This portion of the body of plaint is devoted to
statement of all facts constituting the cause of
action and the facts showing the defendant’s
interest and liability.
(2) Formal portion
This portion of the plaint shall state the
following essential particulars
1.Date when the cause of action arose.
2.Statement of facts pertaining to jurisdiction.
3.Statement as to valuation of the suit for the
purpose of jurisdiction and court fees and it
should be stated that the necessary court fee
has been affixed to the plaint.
4.Statement as to minority or insanity of a party
or if he is representing some other body then
statement as to plaintiff’s representative
character.
5.When a suit is filed after the expiry the period
of limitation a statement showing the ground or
grounds on which he has claimed exemption or
condonation of delay in Limitation Law.
6.Every relief sought for by the plaintiff should
be accurately worded either simply or in the
alternative, and it shall not be necessary to ask
for general relief which may always be given as
the Court may think just.
7.Signature and Verification: The plaint must be
signed by the plaintiff through advocate and if
plaintiff is unable to sign the plaint, it must be
signed by any person duly authorized by him to
sign the same. The verification is done by the
plaintiff himself. Affidavit should also be
enclosed with plaint.
Description of Parties:
In case of Individuals , the sequence is
generally as below:
The fifth step is to state the facts of the case
Surname)
2. PAN/ ADHAR No
3. Details such as “Adult, Indian Resident” can
also be included here
4. Complete Postal Address along with Pin
code
5. Other Details such as: age, son of/ wife of
etc: as per discretion
Example: Ms Gauri Kedar Mehendale
(PAN____) (ADHAR____), aged about 28 years,
residing at ABC Villa, Blue Street, Maharashtra
400028.
In case of Companies or Firms or the like ,
the description and sequence should be as
follows:
1. Name of the Organization (as is)
2. CIN/ PAN/ Registration Number of the
Organization
3. Details as to whether Company/ Firm is
registered and under which Act
4. Registered Office Address
5. Represented by (Details of the Signing
Authority) (additional details such as Position,
address etc are not mandatory but
discretionary).
under the Companies Act, 1956 and having its
Registered Office at ABC Villa, Blue Street,
Maharashtra 400028, represented by Ms Gauri
Kedar Mehendale (PAN____).
after their description should be defined in a
short name, so that there is ease of drafting and
understanding. It is cumbersome to not only
specify the entire name such as “Gauri Kedar
Mehendale” everywhere, it also becomes
difficult while reading. Hence it is a good
practice to define the name in short for ease of
reference, such as “…Herein after referred to as
“GKM” or “Party 1” or “Transferor”…”; as the
case may be. What is to be remembered here is
that once such abbreviation or term has been
specified, the entire document below should use
the similar term everywhere. Example: Ms
Gauri Kedar Mehendale (PAN____)
(ADHAR____), aged about 28 years, residing at
ABC Villa, Blue Street, Maharashtra 400028;
herein after referred to as “the Purchaser”.
Grouped Parties: Another important aspect is
Grouped Parties. In certain cases, there are
several parties who are actually counterparties
to the Agreement. It makes sense to define
each party individually (and remember to use
the specific defined term when referring to that
party only) and in addition define each side by
grouping the individual parties.
Steps of Drafting a Plaint:
Drafting of plaint is an important aspect of civil
litigation. A plaint is a legal document that
initiates a civil case and outlines the nature of
the claim being made by the plaintiff. The
drafting of a plaint involves several steps and
requires careful attention to detail.
Step 1: Heading:
The first step in drafting a plaint is to provide
the heading of the court, the case number, and
the year of filing. The heading should be written
in a clear and concise manner, with the name of
the court at the top, followed by the case
number and the year of filing.
Step 2: Title of the Suit:
The second step is to give the title of the suit,
which should briefly state the nature of the
claim. The title should be clear, concise, and
should not be misleading.
Step 3: Parties:
The third step is to state the name, description,
and place of residence of the plaintiff and the
defendant(s). If there are multiple plaintiffs or
defendants, then they should be listed
separately. The plaintiff should also provide the
contact details of the defendant(s) if available.
Step 4: Jurisdiction:
The fourth step is to specify the jurisdiction of
the court where the case is being filed. The
plaintiff should ensure that the court has the
requisite jurisdiction to hear the case.
Step 5: Facts:
that give rise to the claim. The facts should be
stated clearly, precisely, and chronologically.
The plaintiff must ensure that all relevant facts
are included and that the pleadings are not
vague or ambiguous.
Step 6: Cause of Action:
The sixth step is to specify the cause of action
or the legal basis for the claim. The cause of
action must be pleaded clearly and precisely.
The plaintiff should provide all the legal and
factual grounds for the claim and should not
omit any material facts.
Step 7: Relief:
The seventh step is to specify the relief or
remedy sought by the plaintiff. The relief must
be consistent with the cause of action and
should be specific. The plaintiff should also
specify the amount of damages or compensation
sought, if applicable.
Step 8: Valuation:
The eighth step is to specify the value of the
subject matter of the suit for the purpose of
court fees and jurisdiction. The plaintiff should
ensure that the value of the subject matter is
correctly stated and supported by relevant
documents, if any.
Step 9: Verification:
The final step is to verify the plaint. The plaint
must be verified by the plaintiff or his authorized
representative. The verification should state that
the facts mentioned in the plaint are true and
correct to the best of the plaintiff’s knowledge
and belief.
In conclusion, The plaint should be drafted in
a clear and concise manner, following the
provisions of the CPC.
Necessary Contents of A Plaint
The contents necessary for a plaint are
mentioned in Rules 1 to 8 of Order VII of CPC.
These are mentioned below:
Plaint should contain the name of the
commercial or civil court where a suit will be
initiated.
Plaint should contain details of the plaintiff
such as the name, address, and description.
Plaint should contain the name, residence, and
description of the defendant.
Plaint should contain the facts due to which
cause of action arises and where the cause of
action arises it should also be mentioned.
Plaint should not only mention facts due to
which cause of action arises but also those facts
which help in recognizing the jurisdiction.
Plaint should also contain about that relief
which the plaintiff seeks from the court.
When the plaintiff is ready to set off a portion
of his claim, the Plaint should contain that
amount which has been so allowed.
Plaint should contain a statement of the value
of the subject-matter of suit not only for the
purpose of jurisdiction but also for the purpose
of court-fees.
At last, the content that should be on plaint is
the plaintiff verification on oath.
Provisions on the Rejection of Plaint
under C.P.C.
Under Code of Civil Procedure. Some of the
provisions regarding the rejection of a plaint are
mentioned below:
1.Order VII Rule 12 of C.P.C states the
procedure on rejecting the plaint so that it can
be used as a precedent for future cases.
2.Order VII Rule 13 of C.P.C states that
rejection of the plaint does not stop the
presentation or filling of the fresh plaint.
Two modes which are mentioned to show the
manner in which the plaint can be rejected:
1.The defendant has the right to file an
application in the form of an interlocutory
application at any stage of proceedings for the
rejection of the plaint.
2.Suo moto (on its own): The meaning of the
suo moto itself defines the way of rejection of
the plaint. Suo moto rejection is under Order 7
Rule 11 which states Rejection of the plaint.
1.2 Written Statement and affidavit
Written Statement:
Order VIII of the Code of Civil Procedure deals
with written statements, set offs, and
counterclaims. A written statement is an integral
part of a civil suit. When a suit is commenced by
a plaint, the defendant has to file a written
statement as a reply. There are several rules in
Order VIII that govern how and when the
written statement should be filed, and also the
consequences for not filing.
Written Statement
The Code of Civil Procedure does not give a
definition of a ‘written statement’. In general
terms, it can be defined as the statement of
defence in writing, filed by the defendant, and it
deals with every material fact alleged by the
plaintiff in the plaint. It contains objections to
the plaintiff’s allegations as well as new facts, if
any.
The matter in the written statement must be
stated concisely. It must only contain the facts
on which the defendant relies for his defence
and not the evidence to prove such facts.
Who can file a written statement
A written statement, as stated earlier, is meant
to be filed by the defendant.
However, the defendant may file it through an
agent authorised by him. It cannot be filed by
someone who is not a party to the dispute.
In the case of multiple defendants, there can
be a common written statement signed by all, or
at least verified by one of the defendants who is
familiar with the facts.
When should a written statement be filed
Order VIII Rule 1 lays down the period within
which the defendant must file a written
statement.
The written statement should be filed by the
defendant within thirty days from the day when
the summons was served to him.
However, this period can be extended up to
ninety days from the date of service of
summons by the court for reasons to be
recorded in writing.
In the case of commercial disputes, the written
statement must be filed within thirty days from
the date of service of summons. However, it can
be extended by the court up to one hundred
and twenty days from the date of service of
summons for reasons to be recorded in writing,
for which the defendant must pay the costs that
the court thinks are appropriate.
If the defendant does not file the written
statement within the prescribed time period, he
must file it as early as possible, along with a
delay application, praying for the condonation of
delay in filing the written statement.
In the case of Christian Broadcasting
Network Inc. v. CBN News (P) Ltd.
(2018), the Delhi High Court held that the
Court can invoke Order VIII Rule 10 of CPC if
the defendant fails to file a written statement.
In this case, the plaintiff was involved in
broadcasting services and came across the
defendant’s YouTube channel ‘CBN NEWS’,
which was identical to the plaintiff’s trademark.
A cease and desist notice was served on the
defendant but to no avail. So, the plaintiff filed a
suit. The defendant had failed to file a written
statement. The plaintiff prayed for a temporary
injunction and the Court passed it.
Consequences of not filing a written
statement
As per Order VIII Rule 10, if any person who is
required to file a written statement does not do
so within the time period prescribed or
permitted by the court, the court shall
pronounce the judgement against him or issue
an order, and a decree shall be drawn up on the
pronouncement of the judgement.
The court has two alternatives when a written
statement has not been filed:
1. Granting of adjournment: The
court can grant an adjournment to the
defendant. This grants more time to the
defendant to file a written statement. However,
no more than three adjournments can be given
to a party to the suit as per Order VII Rule 1 of
the Code. If the party still fails to file the written
statement, the court can move on to the next
alternative, which is the ex parte decree.
2. Pass an ex parte decree: The
court can pass an ex parte decree against the
defendant. This is not mandatory but the court
has the discretion to do so. This is usually
avoided by the court in the first instance.
However, if the party fails to file a written
statement in spite of many adjournments, the
court can resort to passing an ex parte decree
against the defendant.
A CASE LAW
Rajendrabhai Maganbhai Koli v.
Shantaben Maganbhai Koli (2022)
Facts
The applicant applied for the writ of certiorari
against an order passed by the Additional Civil
Judge to be allowed to file a written statement.
The applicant had been given several
opportunities but failed to make an appearance
and the court proceeded with the matter. The
order was passed as the extension would not be
given beyond 120 days.
Contentions of the applicant
1.The right of the applicant to file the written
statement does not affect the right of the
plaintiff in the case. Hence, allowing the
defendant to file the written statement does not
jeopardise the plaintiff’s position, but disallowing
the defendant from filing the written statement
would certainly jeopardise the defendant’s
position.
2.The applicant also stated that he is willing to
pay the necessary costs if any.
Issues
1.Is the time period prescribed for filing the
written statement mandatory or directory?
2.Can the applicant be allowed to file the written
statement?
Judgement
1.In this case, the Gujarat High Court held the
view that the ninety-day limit for filing a written
statement in non-commercial disputes is
directory in nature and not mandatory. The
Court stated that it must be used sparingly and
not in ordinary cases.
2.The Court, after examining the merits and
circumstances of the case, held that the writ
petition is allowed and that the applicant is
allowed to file the written statement.
3.The Court made such an order while taking
the pandemic situation into consideration.
4.The Court, however, ordered the applicant to
pay an exemplary cost of Rs. 10,000.
Affidavit:
An affidavit is a statement made by a person
before the court or an appropriate adjudicating
authority, wherein the deponent (the person
who makes the statement) states the facts and
information related to the matter in dispute, in
his knowledge and swears it to be true. There
are various provisions in Indian law, which
explain what an affidavit is and the proper
procedure that must be followed while
submitting it before the court.
Indian Civil Procedure Code 1908 : Order
XIX (19)
As per Rule 1: A court can at any time, for
which reasons can be recorded, order that an
affidavit shall be submitted to prove any facts or
circumstances as the court may wish and find
reasonable.
Rule 3 (1) describes the situation or
circumstances which can be explained through
an affidavit. It says that affidavits will be
confined to such facts that the deponent is able
to prove through his own knowledge.
Importance of an affidavit
An affidavit is the testimony of the deponent,
sworn by himself to be true, on the basis of
which the court proceeds with trial and
examines cases on its merit, hence it becomes
very vital that people speak the truth while
deposing, therefore, to prevent rampant abuse
of process and court resources, any act of lying
or giving false evidence under oath is a
punishable offence under Indian Penal Code
(IPC).
Essential elements of an affidavit
1.The declaration should be made by a legal
person,
2.Contents of the affidavit should relate and
connect with the said facts of the case,
3.The declaration must be in writing,
4.The language of the said declaration must be
in the first person,
5.The affidavit must be signed or affirmed,
before a Magistrate or other authorised and
appropriate officer.
Case law
1.In the case of State of Bombay vs.
Purushottam Jog Naik, the Hon’ble Court ruled
that verifications should be drafted as per
format and guidelines given in Order 19, rule 3,
of the Civil Procedure Code. The court also
noted that when the facts or information
submitted by the deponent is not based on
personal knowledge, then it is vital that the
sources of information should be clearly
revealed by the deponent.
Process of drafting an affidavit
1.At the top, write the name of the court,
tribunal in which the affidavit is to be submitted,
along with the allotted case/suit no.
2.Mention the names of parties in brief.
3. As a heading/title of the document, mention
‘AFFIDAVIT’ in the bold and underlined font.
4.Thereafter give the details of the deponent
such as the name of the deponent and his
father, age of deponent and his residential
address, followed by ‘Do solemnly affirm and
declare as under.’
5.In the first paragraph after the introduction,
the deponent has to mention that he/she is the
plaintiff or the defendant (as the case may be)
in the suit for which the affidavit is being
submitted and he has to make a declaration that
he is fully aware and conversant with the facts
of the case and can testify for the same.
6.In the second paragraph, mention that the
petition or submission made in the petition has
been drafted by the counsel of the deponent
and that the contents have been read over in
vernacular language, with detailed explanation
made to the deponent, along with consequences
of the same, been explained to him.
7.Lastly, state that it is the deponent’s true and
correct statement, followed by a paragraph
about verification, which will state that contents
of the affidavit are true and correct to the
deponent’s knowledge and that nothing material
has been concealed.
Sample format
IN THE_________ COURT, NEW DELHI
CIVIL SUIT NO._______ OF 2023
IN THE MATTER OF:
Xyz …..Plaintiff
VERSUS
Abc …Defendants
AFFIDAVIT
I, __________S/O__________, aged _____
years, R/O ______________________, do
hereby solemnly affirm and declare as under:-
1. That I am the plaintiff in the above-
noted suit and fully conversant with facts of the
case and able to depose about the same.
2. That the accompanying suit/plaint
has been drafted by my counsel on my
instructions and contents of the plaint have
been read over and explained to me in
vernacular language and I have understood the
meaning and implications thereof and the facts
stated therein are correct.
3. That the contents of the suit are not
being repeated here for the sake of brevity and
same shall be considered as part of this affidavit
also (Optional but you can also add the details
of submissions to be made before the court, to
which deponent is testifying to be true to his
knowledge).
DEPONENT
VERIFICATION:
Verified at New Delhi on this______day of
_____May 2021, that contents of the above
affidavit are true and correct to my knowledge
and nothing material has been concealed
therefrom.
DEPONENT
1.3 Application for setting aside defendant was given notice of the hearing date Differences between Plaint and Written
ex-part decree and had ample time to appear and refute the Statement
The application for setting aside an ex-parte plaintiff’s claim, but he failed to do so.
decree is a crucial legal remedy available to Furthermore, the provision states that no S.
WRITTEN
parties who have been adversely affected by a appeal shall be allowed under this rule to set N PLAINT
STATEMENT
court’s decision made without their presence or aside the ex parte decree if an appeal against o.
knowledge. the ex parte decree filed pursuant to this rule
The parties’ appearance or absence in a civil has been dismissed on any basis other than the
appellant’s withdrawal of the appeal. The document
lawsuit is a crucial component that determines
APPEAL AGAINST EX-PARTE DECREE stating the
the outcome of every case. Simply failing to
On the merits of the suit, the defendant may cause of action The defence
appear in court on a scheduled day may result
argue in the first appeal pursuant to Section and other statement
in a decision that is unfavorable to the non-
96(2) CPC, that the evidence presented by the necessary containing all
appearing party. The Civil Procedure Code of
plaintiff was inadequate to support a decree in details and material facts
1908’s general principles are based on the idea 1.
his favor or that the claim was otherwise particulars in and other
that no legal proceedings should be performed
unmaintainable. As an alternative, a request to support of the details is called
that would be harmful to the interests of any of
vacate the ex parte decree (an order against a claim of the the “written
the parties to the lawsuit. The parties to the
defendant made in their absence) may be made. plaintiff is statement”.
lawsuit have a legal obligation to appear before
These two treatments work in conjunction with called the
the court on a due date that has been
one another. Additionally, in an appeal against “plaint”.
established by the court. In the event that one
or more parties to the lawsuit fail to present, the an ex parte decree, the appellate court is willing
court’s decision may be in favor of the party to consider whether the ex parte decree issued
by the trial court was appropriate or not. The written
that does show up.
REVISON UNDER SECTION 115 OF CPC statement is
CONSEQUENCES OF APPEARANCE AND
The revisional jurisdiction of the High Court is filed by the
NON-APPEARANCE OF THE PARTIES
covered in Section 115 of CPC. It states that the defendant as
Order IX of the Civil Procedure Code of 1908
High Court may request the record of any case an answer to
contains conditions pertaining to the
decided by a court below it that has no right of the contentions
consequences of the parties’ appearance and
appeal if the subordinate court appears to have of the plaintiff
non-appearance in the lawsuit. Plaint is filed
exercised jurisdiction that was not granted to it and it contains
The guidelines for the parties to the lawsuit by the plaintiff
by law, failed to exercise a jurisdiction that was all materials
under order IX of the CPC with regard to their stating its facts
granted to it, or acted illegally or with material 2. and other
appearance and non-appearance are as follows: and relief to be
irregularity while exercising that jurisdiction. The objections
Rule 2- the consequences of non-deposition of claimed by the
exclusive power of revision of the ex-parte which the
fees by the plaintiff. plaintiff.
decree or any other decree is on the hands of defendant
Rule 3 and rule 4- Consequences of non- might place
appearance of both the parties to the suit. High court.
REVIEW UNDER ORDER 47 RULE 1 before the
Rule 8, 9, 9A- Consequences of non- court to admit
appearance of the plaintiff to the court of law. Any individual who feels discriminated against
by a decree or order from which an appeal is or deny the
Rule 6, 13, and 13A– Provisions with respect claim of the
to non-appearance of the defendant to the court permitted but no appeal has been filed, a decree
or order from which no appeal is permitted, a plaintiff.
of law.
WHAT IS AN EX-PARTE DECREE? judgment on a referral from a Court of Small
Ex parte refers to judicial procedures that are Causes, or any combination of the three, and
The defendant
conducted for the benefit of one side to a who, due to the discovery of new and significant
is required to
dispute without the opposing party present. information or evidence that, after exercising
file a written
Basic court rules stipulate that both parties must due diligence, was not within his knowledge or
Plaint is the statement of
be present for any deliberation or proceeding, could not be produced by him at the time the
first stage in a his defense
and that neither may approach the judge decree was passed or the order made, or for
civil suit within 30 days
without first informing the other party. This is any other sufficient reason, wishes to obtain a
3. setting the from the date
an exemption to those rules. Ex parte review of the decree passed or order made
legal of receipt of
proceedings typically include urgent demands against him, may apply for a review of judgment
machinery in the copy of the
and frequently lead to interim orders pending a to the Court that passed the decree.
motion. plaint. This
hearing on the issue. On the ground of fraud by plaintiff
time period is
Ex parte actions are permitted by state and According to Section 151 of the Code of Civil
extendible to
federal statutes, which strike a balance between Procedure, civil courts have the authority to
90 days.
the right of people to fair notice and the need annul an ex-parte decree on the basis of fraud
for the legal system to intervene in cases of or abuse of the legal system. The clause enables
impending and irreparable harm. This shows the the Court to issue any orders that may be
A general
adaptability of due process in the legal system required to uphold the rule of law or prevent
denial of
rather than being a breach of constitutional misuse of the court’s procedures.
grounds
JUDICIAL PRONOUNCEMENTS A plaint is
rights. alleged in the
N. Mohan VS. R. Madhu[1] usually divided
REMEDIES AGAINST EX-PARTE DECREE plaint is not
In this case, the appellant failed to appear in in parts such
The ex-parte order may be revoked when a sufficient and
court after the respondent filed a money as a heading,
defendant gives the court good reason for their denial has to
recovery lawsuit in Tiruchirappalli, and the judge the cause title,
absence. The decree will be overturned 4. be specific and
made an ex parte decision. The appellant the body, the
whenever the court acknowledges the must be
submitted a request under Section 5 of the prayer and
defendant’s justification. substantiated
Limitation Act to accept the 276-day delay in signature and
The following remedies are available to a with
submitting the Order 9 Rule 13 of the CPC verification of
defendant who has been served with an ex- documentary
application. Due to a change in his address, the the plaintiff.
parte decree: evidence
Application to set aside the ex-parte decree appellant claimed that the summons had not
wherever
under order 9 rule 13 been properly served. The summons was not
possible.
Appeal against the decree under section 96(2) delivered to him. The District Judge, High Court,
of CPC and Supreme Court all simultaneously dismissed
File a revision under section 115 of CPC the appellant’s petition. His initial appeal under Every allegation
Section 96(2) of the CPC was denied by the of fact in the
Apply for review under order 47 Rule 1
Madras High Court, but the Supreme Court plaint if not
On the ground of fraud by plaintiff
overturned that decision and upheld the appeal. denied
Order IX Rule 13, CPC-
Even though it could not find any errors or Plaint should specifically or
The aggrieved defendant has the chance to
malicious intent on his part, the Court decided contain name, by necessary
present a compelling reason for his absence to
that the appellant had to be given an 5. description and implication or
the court that issued the ex parte ruling against
opportunity to be heard. residence of stated to be
him in order to have it overturned in the interest
of justice under Order IX Rule 13 CPC. defendant. not admitted in
The first proviso of Order IX Rule 13 of the the pleading
CPC states that the litigation may be of such a shall be
kind that it may be dismissed as to all or any of deemed to be
the other defendants but may not be dismissed admitted.
as against such defendant.
The second proviso of Order IX Rule 13 of the
CPC deals with the situation where the
 Completion Certificate
Order VIII of Occupancy certificate not necessarily that the
Order VII of drawing up of
Civil Procedure List of owners
Civil Procedure commercial or
Code, 1908 Proof of payment of stamp duty
6. Code, 1908 other
deals with Proof of Registration
deals with documents is
written Power of Attorney or agreement or for sale is
plaint. included.
statement. executed by the seller
Drafted conveyance deed/ declaration
proposed to be executed in favor of the buyer; Scop The drafting The definition
The registered conveyance deed shows that the e definition is of transport is
property is free from any dispute or restrictions. broader than narrower than
It can be produced in court in case any dispute the drafting
arises related to the agreement. conveyance
definition
1.4 Conveyancing: Meaning, Deemed Conveyance
Concepts and Essentials A conveyance deed is a necessary legal Relat The drafting Transmission
Conveyancing means any instrument or deed document that transfers the ownership of land ed is connected of the word
which transfers the interest upon a movable or to a cooperative housing society from a with to all conveyance as
immovable property from one living person to developer or from the previous landowner. documents described in
another living person. Conveyancing is the In many cities like Mumbai, housing societies as described Indian stamp
exchange of title ownership, rights, and face difficulty in obtaining the Conveyance of in different act 1999
interests in the property from the owner to the land. For which deemed Conveyance was statues
buyer legitimately. introduced by the Maharashtra Government.
The legal and administrative work required for According to section 11 of the Maharashtra Exam Patent Sale deed,
the transfer of the ownership of land or building Ownership Act, 1963, the builder or landowner ple Assignment Mortgage deed
from one person to another is known as must convey the title within a period of four deed, etc
Conveyancing. Conveyancing ensures that the months of formation to the society or the legal Partnership
settlement and title transfer process is valid body of the flat buyers when the developer fails deed etc
under the law. The process of conveyancing to provide the same within the specified time
starts after the offer is made. It involves the period a deemed conveyance is obtained by the
contract and the execution of such contract housing society through a competent authority
legally. under the MOFA.
Conveyance Deed Definition(concept) To obtain the deemed Conveyance, the housing
Any transaction related to a property is society can go to the Deputy District
incomplete without a conveyance deed. A Registrar(DRR) of the cooperative societies and
conveyance deed is a contract between the submit an application and the required
transferor and the transferee. The conveyance documents. The registrar would pass an order
deed proves that the title or ownership of the and a deemed conveyance certificate of the land
property, along with all the rights related to the in favor of the society after the verification of
property, has been transferred from the owner the documents.
to the buyer. Documents required for Deemed
Conveyance deed is used in a wider sense; it Conveyance
includes all the deeds required for property In addition to the documents required for the
ownership transfer in any form, for example, conveyance deed, the following documents are
sale deed, gift deed, mortgage deed, lease needed-
deed, etc.
The conveyance deed is executed according to
 Proof of sale executed by the
the provisions under the Transfer of Property landlord with the promoter for development or
Act, 1882, Registration Act, 1908, and Indian for transferring the right title and interest in the
Stamp Act,1899. land in favor of the promoter.
Conveyance Deed Essentials  Legal notices are to be sent to the
The exact boundaries of the property to avoid promoter and other interested parties to
any dispute relating to land ownership execute the conveyance deed or declaration as
All the rights relating to the property that has provided under the Maharashtra Apartment Act,
been transferred should be stated clearly 1970, in favor of the applicant.
Details regarding the delivery and acceptance Conveyance deed declaration proposed to be
of the property executed in favor of the applicant.
All the terms and conditions relating to the When landowners or builders fail to convey the
property should be mentioned in the deed title of land within the stipulated time deemed,
A non-judicial stamp paper is signed by both Conveyance becomes necessary. Deemed
parties Conveyance enables the society to get a legal
The name and address of the seller and the title, ownership rights, and transferable
buyer should be stated clearly developing rights which help them in getting
Proof of property is free from any dispute, and permission from the planning authorities for
restrictions should be stated clearly structures redevelopment.
The deed should be signed by two witnesses Difference between Drafting and
That it should be in writing and notarized Conveyancing
 It is registered at the local registrar’s office
The Conveyance deed is drafted on a non- Poin Drafting Conveyancin
judicial stamp paper and registered at the t g
registrar’s office. The stamp duty and the
registration fee have to be paid once the Mean Definition of Technically
registration is done. ing document speaking,
Documents required for Conveyance Deed processing transportation
Registered agreement for sale entered into means is the craft for
with the seller drafting the drawing
Mutation entries up of actions
Location plan and
Survey plan from the revenue department documents in
Layout plan approved by the local authority which land or
Certificate of architect about the claim of interest in
undivided interest in the whole plot layout land, i.e. real
common areas and amenities by each of the property, is
entity or the structure constructed or to be conveyed from
constructed on such layout plot one person to
Certificate under urban land ceiling act 1976 another, but it
Building structure plan approved by the is generally
appropriate authority understood
Commencement Certificate
 S.S. Steel Industry v. Guru Hargobind
Steels (2019)
In S.S. Steel Industry v. Guru Hargobind
Steels, the Delhi High Court stated that Order 37
Rule 2(3) CPC expressly states that the
defendant shall not defend the civil case unless
he makes his appearance, and in the absence of
his presence, the assertions in the plaint will be
deemed admitted, and the plaintiff is entitled to
a declaration for the total amount not exceeding
the amount noted in the summons.
Given the precise restrictions of Order 37 Rule
2(3) CPC, it is not within the trial court’s
jurisdiction to determine whether the suit fulfils
the requirements of Order 37 CPC or not. Once
a summons in the specified format has been
Unit 2: Ordinary Suit for Recovery issued and formally delivered, the defendant is
2.1 Suit under Order XXXVII of CPC required to enter an appearance within the time
and the difference between the two limit; if the defendant fails to appear within the
time frame, the averments in the plaint are
suits deemed accepted, and the plaintiff is granted a
Order 37 of the CPC establishes the summary
decree immediately.
procedure. The order was created by keeping in
Difference between summary suits from
mind some specific suits in order to avoid the
ordinary suits
undue hindrance imposed by the defendant,
who has no defence. In contrast to other civil Point of Summary Ordinary
claims, the trials in summary procedure begin difference suit suit
after the judge grants leave to the defendant to An ordinary
challenge the case. The judge dealing with suit is
summary suits can pass judgement in favour of Order 37 of
registered
the plaintiff if: CPC provides
Provisions under Section
for summary
The defendant has not tried to apply for leave 26, Order
litigation.
to defend, or if such a request has been made VI, Rule 1 of
but rejected, or the CPC.
The defendant who is allowed to defend fails The time limit
to abide by the terms and conditions upon In a summary
for submitting
which leave to defend has been conferred. suit, the
a written
Object of Order 37 suit defendant has
Time limit statement in
The goal of summary proceedings is to eliminate 10 days to
an ordinary
undue interference by defendants who don’t prove his
suit is 30
have a defence and to aid in the rapid case.
days.
disposition of cases.
Procedure in summary suits Summary suits
There is a proper procedure that has to be can only be
followed while bringing a suit under Order 37 of brought in two
the CPC. The procedure followed in a summary types of
suit is as follows: cases: Suits
1.The plaintiff files a complaint. based on bills
2.Summons are given to the defendant to be of exchange,
present in court. Summons must include the hundies,
Ordinary suits
sum of money that is claimed in the litigation as promissory
can be
well as a copy of the plaint. notes, and
brought for
3.The defendant must appear within 10 days of promissory
any reason
receiving the summons. Purpose notes, and to
and are not
i.If the defendant fails to attend, the claim is recover a
confined to
presumed acknowledged, and the plaintiff is debt,
any specific
entitled to a decision in an amount not liquidated
type of suit.
exceeding the sum specified in the summons. demand
ii.If the defendant appears within 10 days, he payable in
must provide notice of his attendance to the money by the
plaintiff’s counsel or to the plaintiff himself, and defendant on
he must also submit in court an address for a written
service of notices on him. contract and
4.After receiving the defendant’s notification of on a
presence, the plaintiff issues him with a guarantee.
summons for judgement. The defendant
5.The defendant should ask for permission to does not have In ordinary
defend within 10 days of receiving the any right to litigation, the
summons, and such permission will be given defend the defendant has
only if the defendant’s declaration reveals summary suit the right to
information that the court thinks is adequate to Right to
unless the defend the
allow him to defend. defend
court gives claim and no
Procedure for the appearance of a conditional or leave to
defendant unconditional defend is
The defendant does not have any right to authorization required.
defend his or her case under summary to defend.
procedure. The defendant must produce his
presence by itself or through pleaders, within 10 An ex-parte
days of receiving the summons. The defendant decree can be
must notify such attendance to the plaintiff’s issued to the In ordinary
pleader or the plaintiff personally on the day of plaintiff in suits, several
making the presence. If the defendant makes an summary summons are
appearance, the plaintiff must then issue a Ex-parte proceedings if sent to the
summons for judgement on the defendant. decree the defendant defendant
The defendant may apply for notice to defend fails to appear when an ex-
such a suit by affidavit or disclose such factual in court or parte decree
information as may be deemed fit to enable him refuses to is issued.
to protect at any time within 10 days of the defend the
delivery of such summons; such defence shall matter.
not be denied unless the court believes that the 2.2 Suit for Permanent Injunction
facts revealed by the defendant are ineffective.