Module 2:

How to Draft Plaint?

Introduction:
Section 26 of the Civil Procedure Code (hereinafter mentioned as CPC) speaks of the need of a
plaint. Order 7 of CPC deals with the particulars to be needed in a plaint. Section 26 says that
every suit shall be instituted by the presentation of a plaint. A plaint is the pleading of the party
instituting the suit. It is the material facts, which the party asserts for getting his relief. [Order 6
of CPC]

Order VII of the Code of Civil Procedure deals with plaint. Plaint is basically the pleading of the
petitioner in a civil suit. There are certain general principles that are applicable to pleadings and
therefore implicitly to plaint also. They are:

 Only facts have to be stated and not law;

 The facts stated should be material facts;

 No evidence should be stated;

 The facts should be stated in a concise, brief and clear manner.

However, there are certain exceptions to the general principles, like the foreign law if used in
the case has to be stated, also if there is any condition precedent for filing the suit or any mixed
question of law and fact (e.g. Res Judicata) or any custom or usages etc., have to be stated.

Plaint:

Meaning

The expression ‘plaint’ has not been defined in CPC. However, it can be said to be a
statement of claim, a document, by presentation of which a suit is instituted. Its object is to state
the grounds upon which the plaintiff seeks the assistance of the court. It is a pleading of the
plaintiff.

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 Particulars of a Plaint [O. VII, R. 1- R. 8]

Every plaint should contain the following particulars:

 The name of the court in which the suit is brought;

 The name, description and place of residence of the plaintiff;

 The name, description and place of residence of the defendant;

 Where the plaintiff or defendant is minor or a person of unsound mind, a statement to that effect;

 The facts constituting the cause of action and when it arose;

 The facts showing that the court has jurisdiction;

 A statement of the value of the subject matter of the suit for the purpose of jurisdiction and court
fees;

 The reliefs claimed by the plaintiff, simply or in the alternative;

 Where the plaintiff files a suit in the representative capacity, the facts showing that the plaintiff
has an actual existing interest in the subject-matter and that he has taken steps that maybe
necessary to enable him to file such a suit;

 Where the plaintiff has allowed a set off or relinquished a portion of his claim, the amount so
allowed or relinquished;

 Where the suit is for recovery of money, the precise amount claimed;

 Where the suits is for accounts or mesne profits or for movables in the possession of the
defendant or for debts which cannot be determined, the approximate amount or value thereof;

 Where the subject-matter of the suit is immovable property a description of the property
sufficient to identify it, e.g. boundaries, survey numbers, etc.

 The interest and liability of the defendants in the subject-matter of the suit;

 Where the suit is time-barred, the ground upon which the exemption from the law of limitation is
claimed.

We can divide the above-mentioned particulars in three essential parts:

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 Part I – The Heading and Title

 Part II – The Body of the Plaint

 Part III – The Relief Claimed

Part I - The Heading and Title:

 Name of the Court

Every plaint should begin with the name of the court in which the suit is brought,to be
written at the head of the plaint and this is called its heading, e.g. “In the Court of District Judge,
Chandigarh”. It is not necessary to add the name of the Presiding Officer of the Court. Where a
court, e.g., the High Court, has various jurisdictions, the jurisdiction in which the suit is brought
should be stated below the name of the Court, thus:

“In the Punjab and Haryana High Court, Chandigarh” it is stated whether the case is in
Testamentary Jurisdiction or Matrimonial Jurisdiction or Ordinary Original Civil Jurisdiction or
Appellate Jurisdiction, etc.

 Parties to the Suit

There must be two parties in every suit, namely, the plaintiff and the defendant. There may,
however, be more than one plaintiff or more than one defendant.It is essential to state in the
plaint:

1. The name, description and place of residence of each plaintiff;and

2. The name, description and place of residence of each defendant, so far as they may be
ascertained.

The word ‘description’ includes the name of the father, age and other particulars necessary
to identify a person. If a defendant is not properly named or described, but the real person
intended has been properly served with the summons and he does not appear to defend the suit, a

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judgment passed against him will be as effective as if his true name and description has been
given in the plaint, and the correct name and address can be substituted at any subsequent time
when they are discovered, because the whole purpose of the description of parties is to properly
identify the person who is a party to the suit.

When there are several plaintiffs or several defendants, each should be described properly and
serial number should be given to each of them so that they can be easily referred to in the
pleadings. It is convenient to mention them in the order in which they play their part in the story
told in the plaint.

Form of the title is given below:

The forms are given in Appendix A of the Code of Civil Procedure. Order 6 Rule 3 provides,
the forms in appendix A when applicable, and where they are not applicable forms of the like
character, nearly as may be, shall be used for all pleadings. These forms shows that a statement
as to when the cause of action arose and the court has jurisdiction may be written jointly in one
paragraph.

General:-

1.“A B, son of ……………………r/o………………………..

2…………

3…………

Plaintiffs".

Versus

1.“C D, son of…………………………..r/o………………………

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2…………

3………….

Defendants".

In case of minor and unsound mind person,

1.”A B, son of………………………r/o………………………, a minor, by C D, son

of………………………….r/o……………….his next friend…………

2………………

3……………..

Plaintiffs.”

versus .

1. E F, son of……………………r/o…………………………, a minor, through his guardian GH,

son of……………………r/o…………..................., appointed by the order of the court (name of
the court etc )

Defendant.”

Or

In case of a Joint Hindu Family:

1.“A B, son of ……………………….., r/o…………………………., as manager (Karta) of a

Joint Hindu Family.”

Or

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 In case of representative suit:

1.”A B, son of…………………….., r/o……………………………………….., suing on behalf

of himself and of all the Sikh resident of the village…...(name of the village)……….”

Or

In case of Trust

1. “A B, son of…………………………, r/o …………………………………………….,

managing trustee Kalumaldharmshalaetc”

Part II - Body of the Plaint:

The second part of the plaint is its body, which is the plaintiff’s statement of his claim and of
other matters, which he is legally required to state. It is drawn up in the form of a narrative in the
third person, and is divided into short paragraphs, each containing ordinarily one fact. It is
composed of two portions- the formal portion and the substantial portion.

Formal Portion

The formal portion consists of the following particulars:

1. A statement as to when the cause of action arose;

2. Facts showing that the court has jurisdiction;

3. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of
court-fees;

4. When any party is a minor or a person of unsound mind, a statement to that effect;

5. When the plaintiff sues in a representative character, a statement to that effect, coupled with the
statement that he has taken the steps (if any) necessary to enable him to institute the suit;

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6. When the suit is instituted after the period of limitation, a statement showing the ground on
which the exemption is being claimed.

 Date of Cause of Action:

The date of the cause of action should as far as possible be precisely given. O.VII, R. 1(e)
requires that the plaint should contain “the facts constituting the cause of action and when it
arose.” For instance, the cause of action for suit for damages for breach of contract would be the
contract, its breach and the resulting damages. The date of accrual of cause of action is the date
on which the breach of contract took place.

The object of this rule is to determine whether the suit is within the period of limitation. Sec.
3 of the Limitation Act, 1963 lays down that every suit instituted, appeal preferred and
application made after the prescribed period, shall be dismissed although limitation has not been
set out as a defence. It is therefore the duty of the court to find out whether the plaint is in time.

 Jurisdiction of Court:

The plaint must state all the facts showing how the court
has pecuniary and territorial jurisdiction over the subject matter of the suit.If the plaintiff relies
on the defendant’s residence or place of business as giving jurisdiction, the facts showing this
must be stated in the body of the plaint. The statement of these facts in the title of the suit is not
sufficient, as the title to the suit is not covered by the verification clause.

 Valuation of Suit:

The plaintiff must distinctly and separately give in his plaint the valuation of his claim for the
purposes of court fee and of jurisdiction. Sometimes, the valuation of the subject matter for both
the purposes may be the same, for example, in a suit for recovery of money. But sometimes, the
two valuations may differ, for example, in a suit for declaration or in a suit for injunction or for
possession of immovable property. In such a case, the plaintiff should distinctly state the
valuation of the suit for the purpose of the jurisdiction of the court and for the purpose of court
fees.

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 1.For Court fee – The valuation for the purpose of the court fee is required in those cases only
in which the court fee is charged, under the Court Fee Act, on the valuation, e.g. in suits for
recovery of money, property, etc. In such cases the object of the rule is to enable the court to
check, with reference to the valuation given in the plaint, whether the court fee paid is sufficient
or not.

In suits for which a fixed court-fee is payable, e.g. in suits for declaration without a
consequential relief, no value for the purposes of court-fee need to be given, but it may be
alleged that a fixed fee has been paid on the plaint.

2. For Jurisdiction – Valuation of a claim for the purpose of jurisdiction is required in order to
determine whether the suit is within the pecuniary jurisdiction of the court, and also further for
determining the forum of appeal. In some cases this required also for determining the amount of
process-fee required to be paid, as per the rules framed by some of the High Courts.

 Minority or Insanity of a party:

However, there is no case law on whether the description of the plaintiff or defendant being a
minor or of unsound mind in the title of the case is sufficient compliance with the rule, it is better
that such statement should be contained in the body of the plaint also.

 Plaintiff’s Representative Character:

If the plaintiff sues in the representative character, that fact should also be stated in the
opening paragraph of the plaint. Example-

“The plaintiffs are Hindu residents of Village …..and as the number of Hindu residents of the
said village, who are interested in the subject-matter of the suit to the same extent as the
plaintiffs, is large, plaintiffs bring this suit on behalf and for the benefit, of all Hindu residents of
the said Village …..”

 Preliminary Steps:

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 If under any law, a plaintiff has to take any preliminary steps before being entitled to bring a
suit in a representative capacity, he must also state that he has taken those steps. For instance, a
suit to establish right to the estate of a person dying intestate to whom the Indian Succession Act
applies cannot be instituted unless letters of administration have been obtained.

 Limitation:

If a claim is prima facie barred by limitation, and the plaintiff claims it to be within time by
reasons of any of the exceptions to the general rule of limitation, the ground upon which the
exemption is claimed shall be known in the plaint. If the claim is barred by limitation and the
ground of exemption is not alleged, the plaint is liable to be rejected under O. VII, R. 11 (d).

Substantial Portion

The other portion of the body of the plaint, which must be called its substantial portion,
should contain a statement of all the facts constituting the cause of action, with such particulars
of those facts as are necessary. And where the plaintiff seeks relief in respect of several distinct
claims or causes of action founded upon separate and distinct grounds, they shall be stated as far
as possible separately and distinctly. The plaint shall further show, either specifically or by
implication from other facts, that the defendant is, or claims to be, interested in the subject-
matter and that he is liable to be called upon to answer to the plaintiff’s demand. Where there are
more than one defendant and they are not jointly interested in the claim, it should be shown what
the liability of each is and why each has been impleaded in the suit. Similarly, if more plaintiffs
than one bring a joint suit and their interest in the subject matter is not joint; their causes of
action would be separately shown.

1. Cause of action:

Every suit presupposes the existence of a cause of action against the defendant because if
there is no cause of action, the plaint will be rejected.Even though the expression ‘cause of
action’ has not been defined in the Code, it may be described as “a bundle of essential facts,
which it is necessary for the plaintiff to prove before he can succeed”, or “which gives the

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 plaintiff right to relief against the defendant”. Thus, cause of action means every fact, which is
necessary to establish to support a right or obtain a judgment.

The classic definition of the said expression is found in the case of Cooke v.Gill wherein
Lord Brett observed, “Cause of action means every fact which it would be necessary for the
plaintiff to prove, if traversed, in order to support his rights to the judgment of the court.”

It is necessary for the plaintiff to state specifically when such cause of action arose. This will
enable the defendant as well as the court to ascertain from the plaint whether the cause of action
as alleged by the plaintiff did arise or not. In Kuldip Singh v. GanpatLal, the Supreme Court
stated, “The object underlying O. VII, R. 1 (e), which requires that the plaint shall contain the
particulars about the facts constituting the cause of action and when it arose, is to enable the
court to find out whether the plaint discloses the cause of action because the plaint is liable to be
rejected under O. VII, R. 11 if it does not disclose the cause of action.”

Thus, in a suit for possession against the tenant on the ground of non-payment of rent, the
period for which the tenant has been in default must be stated. Where the plaintiff seeks relief in
respect of several distinct claims or causes of action founded upon separate and distinct grounds,
he should state them as far as possible separately and distinctly.Those facts, which are material,
essential or integral, form the cause of action. The court decides this.

Part III - Relief:

The third and the last part of the plaint is the relief sought by the suit. The relief sought
should be accurately worded and it is risky to use loose language.Every plaint must
state specifically the relief which the plaintiff claims whether it be damages or specific
performance or an injunction or a declaration or possession of land or relief of any other kind.A
plaintiff might claim any one or more of such reliefs, either simply or in the alternative. These
reliefs have to be specifically claimed because reliefs claimed in the plaint cannot be
supplemented by an oral prayer.

 Specific Ground

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 Where a relief is claimed upon a specific ground, the court may grant it upon a ground
different from that on which it is claimed in the plaint if the ground is disclosed by the allegation
in the plaint and the evidence in the case. The power of the court to grant just and proper relief to
a party without asking is also recognized by the provisions of O. VII. Similarly, a court may
grant future mesne profits in a suit for possession and mesne profits even though they are not
specifically prayed for.

 Excess Relief Claimed

When the plaintiff asks for more than what he is entitled to, the suit should not be dismissed
but a decree given for what he is entitled to. Thus, in a suit for ejectment, the court can grant
decree for joint possession or partition. However, when a plaintiff asks for less than what he is
entitled to, no decree can be given in excess of what is claimed unless the plaint is amended.

 General Relief

The court also provides that it is not necessary to ask for any general or other relief, in
addition to the main relief or reliefs which the plaintiff claims. Such general or other relief may
always be given as the court may think fit, to the same extent as if it has been asked for. The
practise of adding a relief in the following or similar form “Any other relief to which the plaintiff
may be found to be entitled”, is, however, common.

Signature and Verification:

At the end of the plaint, the plaintiff puts his signature on the plaint. If the plaintiff is absent,
for any good cause, then the signature of a person duly authorized by him to sign or to sue and
also the signature of his pleader, if any.

Verification of the plaint by the plaintiff himself or where he is unable to verify because of
his absence or any other good cause, by some other person proved to the satisfaction of the court
to be acquainted with the facts of the case. The verifier shall specify by reference to the

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numbered paragraphs of the pleadings, what he verifies of his own knowledge and what he
verifies upon information received and believed to be true.

Signature of the verifier along with the date at which and the place where the verification is
made. The verification shall be made before the court or an officer appointed to administer oath,
i.e. Oath Commissioner. Where the plaintiff or the verifier of the plaint does not know the
language of the plaint in which it is written, the contents thereof must be interpreted and
explained to him before he puts his signature and the verification is attested by the Oath
Commissioner.

Affidavit:

CPC does not say how the affidavits are to be drawn up and sworn. The different High
Courts have, however, have framed rules by amendments to O. XIX CPC. Affidavit shall be
confined to such facts as the affiant is able to his own knowledge to prove except upon
interlocutory applications where statement of his belief may be admitted.The grounds of belief of
the affiant are required to be stated with sufficient particularity to enable the judge to know
whether it would be safe to act on the deponent’s belief.The affidavit should contain only that
allegation which is absolutely necessary. The affiant should be fully described in the affidavit
and the affidavit should be drafted in first person. The person or place referred to in the affidavit
should be correctly and fully described so that he or it can be easily identified. The declarant
should state the source of the documents, which are produced along with the plaint if the
affidavit discloses some facts in the document. The affidavit should have an oath or
affirmation written out in the end.

Production of Documents:

Rule 14 – Rule 17 deal with the production of documents by the plaintiff. The object of R. 14 is
to apprise the defendant regarding the foundation of the plaintiff’s claim and also to exclude the
production of a document of doubtful nature at a later stage.

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 R. 14 direct the plaintiff to file the documents, which he intends to rely on and which are in his
power and possession, along with the plaint. All such documents should also be entered in the
list of documents and where a document entered in the list of documents is not produced at the
time of the plaint, it shall not be received in evidence without the leave of the court. The purpose
behind R. 14 is to provide against false documents being set up after the institution of the suit.
Therefore in those cases, where there is no doubt of the existence of a document at the date of the
suit, the court would as a general rule, admit the documents in evidence even though it was not
produced with the plaint or entered in the list of documents annexed to the plaint as required by
R. 14. But the court may even in such cases refuse to receive it in evidence, if it is produced at a
very late stage of the proceeding. The Lahore High Court refused to admit a document after the
arguments were closed as no reason was shown for its non-production.

The court has wide discretion to allow or disallow production of documents at a later stage
having regard to facts and circumstances of each case. The provision, however, does not apply to
the following documents:

 Documents reserved for the purpose of cross-examination of the defendant’s witnesses; or

 Documents handed over to a witness merely to refresh his memory.

Sample Draft

Hypothetical Situation

X in Connaught Place regularly supplies newspapers, books and periodicals to business

entities. Y is a consultancy having an office at Statesman House, Kasturba Gandhi
Marg, New Delhi. Y approach X on 28 June 2014 for supply of newspapers, magazines
and periodicals beginning the month of July 2014. X insisted on an advance before
commencing supply. Y deposited an advance of Rs. 50,000/- through a post dated
cheque for July 29, 2014 which X accepted. On deposit the cheque was returned
dishonoured by X’s bankers. X does not want to do any more business with Creative
and wants a speedy remedy to recover the total outstanding amount of Rupees Seventy
five thousand from Y. Prepare the appropriate filing for Jain Book in the above facts and
circumstances in the correct jurisdiction.

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 IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,
NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

X ……………….Plaintiff

Versus

Y ………………Defendant

LIST OF DOCUMENTS

Date, if any, which Signature of

S. No. Description of Document the documents Party or
bears Pleader

Annexure A-1: Copy of

1. Cheque 295959 drawn on HDFC bank, 29-07-2014
Barakhamba Road Branch, Delhi

2. Annexure A-2: Copy of Invoice 2652 30-07-2014

Annexure A-3: Copy of the letter from

3. 01-08-2014
HDFC Bank, Connaught place, Delhi

4. Annexure A-4: Copy of Trailed E-mails

5. Annexure A-5: Copy of legal notice 22-12-2014

6. Vakalatnama 25-03-2015

Delhi Plaintiff

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Date: Through

Abc, Advocate

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,
NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

MEMO OF PARTIES

1. X

Having its Regd office at

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001 ……………….Plaintiff

Versus

1. Y

Having its regd. Office at

4th Floor, Statesman House,

K G Marg, Delhi 110001 ………………Defendant

Delhi Plaintiff

Date: Through

Abc, Advocate

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,
NEW DELHI

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 Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001 ……………….Plaintiff

Versus

4th Floor, Statesman House,

K G Marg, Delhi 110001

………………Defendant

THE PLAINTIFF NAMED ABOVE STATES AS UNDER:

Most Respectfully Showeth:-

1. That the present suit is being filed under the specific provisions of and in accordance
of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 and that the Plaintiff
claims no relief, which does not fall within the ambit of this rule.
2. That the Plaintiff is a Retail store engaged in a business of marketing and selling of
books in various fields having its Registered Office at C-9, Connaught Place, Delhi.
Aman Jain through whom the present suit is being instituted is the sole proprietor of
the Plaintiff and he is fully competent to engage the counsel, sign the vakalatnama,
plaint, affidavit, etc. to depose before the Hon’ble court and to do such other acts,
deeds and things.

1. That the plaintiff is engaged in marketing, selling & supplying newspapers, books
and periodicals in the field of Indian law, business, economics, companies,
international trade, commercial books, etc.
2. That the Defendant is a consultancy firm incorporated under the Companies Act, of
1956 having its registered office in 4th floor, Statesman House, Kasturba Gandhi
Marg, Delhi.

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3. That the Defendant approached Plaintiff on June 28, 2014 for supply of newspapers,
magazines and periodicals beginning the month of July 2014.
4. That the plaintiff insisted on an advance amount before commencing supply.
5. That defendant provided a post dated cheque 295959 for July 29, 2014 of Rs.
50,000/- drawn on HDFC Bank, Branch Barakhamba Road, Delhi. The same was
accepted by the plaintiff. This act of defendant initiated the contract by conduct of
parties and so the plaintiff started supplying various reading materials to the
defendant. The copy of the cheque is annexed herewith and marked as Annexure A-
1.
6. That the plaintiff supplied newspapers, magazines and periodicals in the month of
July to the defendant. The total amount at the end of the month of July was
calculated as Rs. 75,000/- (Rupees Seventy five thousand only). It was conveyed to
the defendant vide Invoice 2652 dated July 30, 2014 which was duly accepted. A
copy is annexed herewith and marked as Annexure A-2.
7. That vide a letter dated August 01, 2014 the deposited cheque 295959 was
returned dishonoured by plaintiff’s bankers i.e. HDFC bank, Connaught Place
Branch, Delhi. With this the plaintiff withheld the supply of the books & circulars till
defendants pay off the dues. A copy of the letter is annexed herewith and marked
as Annexure A-3.

That the plaintiff requested the defendant several times, orally and also via electronic
mails to make the payment of the outstanding amount but the defendant on one pretext
or the other avoided to the legitimate requests of the plaintiff without any cause or
reason and never made any payment to the plaintiff. A copy of the trailed mails are
annexed herewith and marked as Annexure A-4.

1. That vide legal notice dated December 22, 2014 through registered post the plaintiff
requested defendant to pay an amount of Rs. 75,000/- (Rupees Seventy five
thousand only) due towards the services provided within 3 months (three months)
after the receipt of the letter. A copy the notice is annexed herewith and marked
as Annexure A-5.
2. That no communication has been made till date by the defendants regarding the
payment of money.
3. That the defendant has not been cooperating and also has failed to repay their dues
of the Plaintiff and hence this present suit.

13. That the cause of action accrued to the plaintiff against the defendant within the
jurisdiction of this Hon’ble Court on March 25, 2015 when the legal notice served by
the plaintiff upon the defendant and he has not acted upon it thereafter.
14. That the plaintiff is entitled to an interest @ 8.5% (at the rate of eight and half
percent per annum) which is in consonance with the prevailing market rates and
bank rates. The plaintiff claims interest at the above rate from the defendant from the
date it became due till the date of realization.
15. That the present suit being filed by the plaintiffs against the defendant is the first suit
and no such suit has been previously filed, pending or decided by any court of law
on the same subject matter.

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16. That plaintiff and the defendant works for gain and the entire cause of action also
accrued between the parties at Connaught Place Delhi, within the territorial
jurisdiction of this Hon’ble court. Therefore, this Hon’ble court has got the jurisdiction
to entertain and try the present suit.

1. That the value of the suit for the purposes of jurisdiction and payment of court fee is
approximately Rs. 75,000/- (Rupees seventy five thousand only) on which Court fee
of Rs. 3076.00 (Rupees three thousand seventy six only) has been paid.

Prayer

The plaintiff thereby prays:

 That the amount due against the defendant is 75,000/- (Rupees Seventy five
thousand only) to be ordered for payment to the plaintiff and leave to defend may
please be granted accordingly.
 That interest on principal sum from August 01, 2014 till the date of institution of suit
be awarded and Pendente lite interest at the rate of 18% may be granted till the
payment by the defendant.
 That the costs of the suit be awarded to the plaintiff against the defendant.

Delhi Plaintiff

Date: March 27, 2015

VERIFICATION

I, the plaintiff above named do hereby verify that the contents of this plaint from
paragraph 1 to 13 are true and correct to my personal knowledge and paragraphs 14 to
18 are believed to be true and correct according to the legal advice received to me.

Signed and verified on March 27, 2015 at Delhi.

Plaintiff

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,
NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

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 IN THE MATTER OF:

X Versus Y

AFFIDAVIT

I, Mr. Aman Jain on behalf of X do hereby solemnly affirm and state as under that:-

1. That the deponent is the plaintiff in the captioned suit. I am fully conversant with the
facts of the plaint and competent to swear this affidavit on my behalf.
2. That the present appeal has been drafted by my counsel under my instructions and
guidance and the contents of the same are true and correct and are not being
repeated herein for the sake of brevity and to avoid repetition and prolixity.
3. That the contents of the plaint may kindly be read as part and parcel of this Affidavit
also.

DEPONENT

VERIFICATION:

Verified by me at Connaught Place-Delhi on this 27th day of March 2015, that the
contents of my above affidavit are true and correct to my knowledge, no part of it is
wrong and nothing material facts has been concealed there from.

DEPONENT

VAKALATNAMA

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,
NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

X Versus Y

I, Aman Jain, the Sole Proprietor of X (the plaintiff) do hereby appoint & retain
Advocate Abc (hereinafter called as “the Advocate”) to be my advocate in the said Suit.
I authorize the Advocate to do any or all of the following on my behalf:

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1. a) To represent, act and appear for me
2. b) To conduct and prosecute (or defend) the same and all proceedings that may be
taken in respect of any application connected with the same or any decree of order
passed therein
3. c) To sign, file, verify, present, and receive all types of documents including plaints,
statements, pleadings, appeals, cross objections, petitions, applications, revision,
withdrawal, compromise or affidavits
4. d) To withdraw or compromise or submit to arbitration any differences or disputes
that may arise touching or in any manner relating to the said suit
5. e) To deposit, draw and receive money, cheques, cash and grant receipts thereof
6. f) To do all other acts and things as may be necessary or expedient, in the opinion of
the Advocate, to be done

I do hereby agree to ratify and confirm all acts done by the Advocate or her substitute in
the matter as my own acts, as if done by me to all intents and purposes.

Dated: March 25, 2015 Signature

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