PLEADINGS (ORDER VI)

Rule 1 defines pleadings as a written statement or a plaint.

Pleading is the beginning stage of a lawsuit in which parties formally submit their
claims and defenses. It is a statement in writing filed by the counsel of plaintiff
stating his contentions on the case, on the basis of which the defendant shall file
the written statement defending himself and explaining why the plaintiff’s
contentions should not prevail.

Pleadings serve an important function of providing notice to the defendant that a

lawsuit has been instituted concerning a specific controversy.

The plaintiff submits a complaint stating the cause of action, the issue in
controversy. The defendant submits an answer stating his or her defenses and
denials. The defendant may also submit a counterclaim stating a cause of action
against the plaintiff.

The pleadings help both the parties know their point of dispute and where both
parties differ so as to bring forth the relevant arguments and evidence in the court
of law.

Types of Pleadings

Plaint: Plaint is the statement of claim in writing and filed by the plaintiff, in
which he sets out his cause of action with all necessary particulars. Plaint is the
first process in inferior court, whereby a party seeks remedy from court for the
redressal of his grievances.

Written Statement: Written statement is the statement of defence in writing and

filed by the defendant, in which he deals with every material fact alleged by the
plaintiff in the plaint. Defendant can state any new facts, which he considers to
be in his Favor, and can raise legal objections to the merits of the case, prescribed
by various laws e.g. plea of limitation, plea of estoppels, plea of res-judicata etc.
Rule 2 states the fundamentals of pleadings:

• Pleading should only state facts and not the law.

• The facts that are stated in the pleading must be material facts.
• It should never state or disclose the evidence.
• The facts stated in the pleading must be in a concise form.
• Pleading shall be divided into paragraphs, numbered consecutively.
• Every allegations should be contained in separate paragraphs.
• Dates, sums and numbers should be expressed in figures as well as in
words.

Other Rules of Pleading

• Specific particulars w.r.t. dates and items should be mentioned in the

pleadings in a case for misrepresentation, criminal breach of trust, fraud,
or willful default in payment of due.
• Non-performance of a condition precedent should be specifically
mentioned in the pleadings. Performance of the condition precedent shall
not form a part of the pleadings since it is already implied.
• If new allegations or grounds are not added to the initial pleadings, it may
be added at a later stage of the proceeding. Provided that no party can raise
any ground of claim or allegation of fact inconsistent with his previous
pleadings.
• Wherever malice, fraudulent intention, knowledge or other condition of the
mind of a person is material, it may be alleged in the pleading only as a
fact without setting out the circumstances from which it is to be inferred.
• Every pleading should be signed by the party or by his pleader.
• A party to the suit shall provide with his and the opposite party’s address.
• Every pleading must be verified on an affidavit by the party or a person
who is well acquainted with the facts stated in the pleading.
 • The Court may order to struck out or amend any matter in any pleading-
o which may be unnecessary, scandalous, frivolous or vexatious, or
o which may tend to prejudice, embarrass or delay the fair trial
o which is an abuse of the process of the Court.

Amendment of Pleadings

Rules 17 & 18 of Order VI CPC deal with amendment of pleading. These

provisions aim towards achieving justice in the society.

Rule 17 of the Code of Civil Procedure, 1908 provides either parties may be
ordered to amend or alter his pleading at any stage of the proceeding in such
manner which shall be fair and just and allow amendment when necessary, so as
to determine the exact controversial question between the parties.

Rule 18 deals with the issue of failure of amending the pleading. If court orders
a party to make necessary amendment and if he fails to do the same within the
time limit given by the order or if no time is limited then within 14 days from the
date of the order, he shall not be permitted to amend after the expiration of such
limited time or of such 14 days, as the case may be, unless the time is extended
by the Court.

PLAINT (ORDER VII)

A plaint is a legal document that contains the claims made by the plaintiff when
they bring a case to a civil court. It’s the first step in starting a lawsuit.

• Plaint should contain name of that court in which suit is brought.

• Plaint should contain name, description and residence of plaintiff.
• Plaint should contain name, description and residence of defendant.
• When plaintiff or defendant is minor or person of unsound mind, plaint
should contain a statement to that effect.
• Plaint should contain those facts, which have constituted cause of action.
In addition to this, it should also described when cause of action has arisen.
• Plaint should contain those facts, which show the court has jurisdiction.
• Plaint should contain that relief, which plaintiff claims.
• When plaintiff has allowed set off or has relinquished a portion of his
claim, plaint should contain that amount, which has been so allowed or so
relinquished.
• Plaint should contain the value of subject-matter of suit not only for
purpose of jurisdiction, but also for purpose of court-fees.
• Plaint should contain plaintiff’s verification on oath.
• If the suit is for recovery of money, the plaint should contain the exact
amount claimed.
• If the suit is for mesne profit, or a debt the value of which cannot be
estimated with reasonable diligence, the approximate amount may be
stated instead of the exact amount.
• If the suit is for immovable property, the plaint should contain a proper
description sufficient to identify such property along with boundaries,
survey numbers, etc., wherever possible.
• Where the plaintiff files a suit in a representative character, the plaint must
show not only that he has an actual existing interest in the subject matter
of the suit, but also that he has taken the necessary steps to enable him to
file such a suit.
• If the suit if filed after expiry of the limitation period, the plaint must state
the ground on which exemption from the law of limitation is claimed.
• Where the plaintiff seeks relief in respect of several distinct claims or
causes of action founded on separate and distinct grounds, they should be
stated separately and distinctly.
• The plaint must state specifically the relief claimed by the plaintiff.
Rule 9 lays down the procedure when the plaint is admitted by the court. It
provides for the filling of copies of the plaint by the plaintiff and also requires
him to pay requisite fees for the service of summons on the defendants within
seven days.

A plaint can be divided into three important parts such as heading and title, the
body of the plaint, and the relief claimed.

Return of Plaint

If a court determines that it lacks jurisdiction to finally decide the matter at any
stage of the proceedings, it has the authority to return the plaint to be presented
before a court that has the jurisdiction to address the issue.

Rejection of Plaint

• If the cause of action is not clearly mentioned in the plaint, making it

impossible to prove the harm suffered by the plaintiff, the court may reject
the plaint.
• If the relief sought by the plaintiff is undervalued and the court asks the
plaintiff to correct the valuation within a given time frame, but the plaintiff
fails to do so, the plaint in CPC may be rejected.
• When all the documents are not properly stamped and the court requires
the plaintiff to provide the required stamp paper within a specified time,
failure to do so may lead to the rejection of the plaint.
• If the plaint is based on a statement or claim secured by a law, that does not
grant the plaintiff the right to file the suit, the court may reject it.
• Where the plaint is not filed in duplicate, then the court may reject it.
• If the plaintiff does not comply with the provisions of Order VII Rule 9 of
the CPC, the court may reject the plaint.

WRITTEN STATEMENT (ORDER VIII)

Written statement is the defense of the defendants. A written statement is a reply
of plaint in which defendant deny or admit the each and every allegation or facts
given in the plaint.

Denial or admission must be Para wise and clear. The defendant cannot simply
provide a general denial, he must address each allegation individually.

The facts which remain unanswered by the defendant, it will be presumed that
the said fact was admitted by the defendant.

In the written statement, defendant can state new facts or ground which is
necessary to defeat the plaintiff. If defendant want to put his own claim against
the plaintiff he can put it by way of set-off and counterclaim.

Who may file written statement?

Written statement is filed by the defendant or his duly authorized agent. If there
are several defendants a common written statement can be filed by them. In such
case it must be signed by all of them. As far as verification is concerned, it can be
verified by any one defendant.

A written statement must be filed within thirty days from the date of service of
the summons. The said period can be extended up to ninety days.

However, in commercial disputes, the defendant is still initially given thirty days
to file their written statement after receiving the summons. However, the court
can extend this period for up to one hundred and twenty days from the date of the
summons. The court must record its reasons for every extension of time period.

Rule 1A: Where the defendant relies upon any document in his possession or
power in support of his defense, he shall enter such document in a list, and shall
produce it in Court when the written statement is presented by him. He shall at
the same time deliver the document and a copy to be filed with the written
statement.
If the defendants fails to exhibits such documents along with a written statement,
he will be restrained from producing it as an evidence in his defense unless the
court permits.

Order VIII Rule 6 relates to legal set-off. It is a cross claim where a defendant
acknowledges the plaintiff’s demand but set up against another demand of his
own to counter balance that of the plaintiff either in whole or in part.

The defendant may at the time of filing of the written statement, may present in
his pleadings claiming the debt against the plaintiff by way of set-off. Things to
be taken care of in making a claim of set-off:

• It is a suit for recovery of money.

• Claim of defendant must be for ascertained sum of money i.e. specific and
certain.
• Such sum should be legally recoverable, i.e. it should not be time barred.
• Such sum should not exceed pecuniary limits of the jurisdiction of the
court.
• Both parties must be in same character in set-off as well as in the suits.

Order VIII Rules 6A-6G provides for counter-claim. It can be defined as a claim
made by the defendant against the plaintiff in the suit filed by plaintiff.

Such counter-claim against the plaintiff can be set up by the defendant. The cause
of action for such counter-claim may accrue either before or after filing of the suit
by the plaintiff but before the defendant has delivered his defence or before the
time fixed for delivery of his defence has expired.

The counter claim of the defendant will be treated as plaint and the plaintiff has
a right to file a written statement in answer to such counter-claim.

Such claim does not exceed the pecuniary limits of the jurisdiction of the court.
Such claim shall not be barred by limitation.
Rule 10: Where the party fails to file written statement within the period fixed by
the court, the court shall pronounce judgement against him or make such order as
it thinks fit and a decree shall be drawn accordingly.

IN THE COURT OF CIVIL JUDGE, DWARKA COURTS,

SOUTH WEST DELHI

SUIT NO. OF 20XX

IN THE MATTER OF:

Mr. X ………. PLAINTIFF

VERSUS

Mr. Y ……...DEFENDANT

WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1. That the suit is barred by limitation and is liable to be dismissed on this

short ground alone.
2. That this Hon’ble Court has no jurisdiction to entertain and try this suit
because ______________.
3. That the suit has not been properly valued for the purpose of court fees and
jurisdiction and is therefore liable to be rejected outrightly.
4. That there is absolutely no cause of action in favour of the Plaintiff and
against the Defendant. The suit is liable to be rejected on this ground also.
5. That the suit is bad for non-joinder of necessary parties, namely ____.
6. That the suit is bad for mis-joinder of Z.
7. That the suit is liable to be stayed as a previously instituted suit between
the parties bearing No. ____ is pending in the Court of Sh. ______.
 8. That the suit has not been properly verified in accordance with law.
9. That the Plaintiff’s suit for a permanent injunction is also barred by Section
41 of the Specific Relief Act because he has not approached this Hon’ble
Court with clean hands.
10. That the suit is liable to be dismissed outrightly as the Plaintiff has not
given the mandatory notice under Section 80 of CPC

REPLY ON MERITS:

1. That para 1 of the plaint is correct and is admitted.

2. That the contents of para 2 of the plaint are denied for want of knowledge.
The Plaintiff is put to the strict proof of each and every allegation made in
the para under reply.
3. That the contents of para 3 of the plaint are absolutely incorrect and are
denied. It is specifically denied that the Plaintiff is the owner of the suit
property. As a matter of fact, Mr. N is the owner of the suit property.
4. That with respect to para 4 of the plaint, it is correct that the Defendant is
in possession of the suit property. However, the remaining contents of the
para under reply are absolutely incorrect and are denied.
5. .....
6. .....
7. .....
8. That para 8 of the plaint is incorrect and is denied. There is no cause of
action in favour of the Plaintiff and against the Defendant because ___. The
Plaint is therefore liable to be rejected outrightly.
 9. That para 9 is not admitted. This Hon’ble Court has no jurisdiction to
entertain this suit because the subject matter of this suit exceeds the
pecuniary jurisdiction of this Hon’ble Court.
10. The para 10 is not admitted. The suit has not been properly valued for the
purpose of court fees and jurisdiction. According to the Defendant, the
correct valuation of the suit is Rs ___.

PRAYER:

It is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Dismiss the suit of the plaintiff.

b) Award costs to the defendant.

c) Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

Place

Date: Through

Advocate

VERIFICATION:

Verification at New Delhi on _______ day ________ of, 20XX that the contents
of paras 1 to ____ Of the preliminary objection and para ____to _____ of reply
on merits are true to my personal knowledge

DEFENDANT

AFFIDAVIT (ORDER XIX)

It means "a sworn statement in writing made especially under oath or on

affirmation before an authorised officer or Magistrate.
It is a sworn statement made by the person who is aware of the facts and
circumstances which have taken place. The person who makes and signs is known
as ‘Deponent’. The deponent makes sure that the contents are correct and true as
per his knowledge and he thereby concealed no material therefrom.

It has been properly attested by the Notary or Oath Commissioner appointed by

the Courts. The notary and oath commissioners have a responsibility to make sure
the deponent's signature are not forged.

An affidavit has to be verified. The purpose of verification is to hold the deponent

accountable for the allegations made and to determine whether the deponent's
claims are true and authentic.

An affidavit should be confined to such facts as the deponent is able to prove to

his personal knowledge except on interlocutory applications on which statements
of his belief may be admitted.

Essentials of Affidavit:

• It must be a declaration made by an individual.

• It must be related to facts.
• It must be in written form.
• It must be in the first person.
• It must be statements which are taken under oath or affirmed before any
other authorized officer or a Magistrate.

Filing of false affidavit is an offence under Sections 191, 193, 195, and 199 of the
Indian Penal Code. Anyone who knowingly provides false testimony in any stage
of a legal proceeding shall be punished by imprisonment of either kind for a time
that may not exceed seven years, as well as by a fine.

Contents of an affidavit
 • Every affidavit comprising a statement of facts must be broken up into
paragraphs, each of which must be numbered sequentially.
• Any individual who submits an affidavit must be identified clearly by
giving their full name, the name of their father, their profession or trade,
and their place of residence.
• The declarant must state immediately and positively, using the phrases “I
affirm” or “I swear and say,” whenever he refers to facts that are in his
knowledge.
• When the specific fact is not known to the declarant but is stated based on
information obtained from others, the declarant must use the phrase “I am
informed” and if applicable, should add “and believe it to be true.”
Alternatively, he may specify the source from which he obtained the
information.
• When the declaration is supported by documents or copies of documents
obtained from a court of justice or another source, the declarant must
identify the source and express his knowledge or belief regarding the
accuracy of the facts contained in those documents.

IN THE COURT OF CIVIL JUDGE, DWARKA COURTS DELHI

C. S. NO. ___
T / 2022

IN THE MATTER OF:

SUN .... PLAINTIFF

VERSUS

MOON …. DEFENDANT

AFFIDAVIT

Of, Sun, R/O Vijay enclave, New Delhi-110045, aged about ___ years, do hereby
solemnly affirm and state here as under:
 1. That I am the plaintiff and fully conversant with the facts of the present
case, hence I am competent to swear this affidavit.

2. That I have gone through the contents of the accompanying suit/plaint,

which have been drafted by my counsel upon my instructions. The contents
of the same may kindly be read as part of this affidavit and the same are
not being repeated herein for the sake of brevity and to avoid repetition.
DEPONENT

VERIFICATION:

Verified at Delhi on this ____ day of February 2022, I say that the contents of the
present affidavit are true and correct to my knowledge and belief and nothing
material has been concealed there from.

DEPONENT

APPLICATION UNDER SECTION 5 OF LIMITATION ACT, 1963

The Limitation Act of 1963 is legislation which specifies the time period within
which a suit is instituted.

This legislation enumerates relevant provisions regarding the delay in filing

application, suit and appeal under competent jurisdiction and how that delay can
be condoned.

Section 5 of the Limitation Act talks about the condonation of delay. The term
condonation means an implied pardon of an offense by treating the offender as if
it had not been committed.

It provides that any appeal or application may be admitted after the prescribed
period if the appellant or applicant shows that he had a sufficient cause for not
filing the appeal or application within the prescribed period.
The term “sufficient cause” is not defined under the Limitation Act. It varies from
case to case. The court has wide discretion for the determination of what
constitutes a sufficient cause depending on each case’s facts and circumstances.

However, the Limitation Act provides for condoning delay with respect to all
applications except applications under order 21 of CPC i.e., execution of decrees
and order.

Instances where condonation is allowed-

• Subsequent changes in the law.

• Imprisonment of the party.
• Illness of the person filing the suit or appeal or application.
• Party is a pardanashin woman.
• Party is illiterate.
• Delay caused due to the pendency of the writ petition.
• Party belongs to a minority group having insufficient funds.
• Poverty or paupers.
• Party is a government servant.
• Other adequate grounds: Mistake of Court, Mistake of Counsel, Delay in
getting copies, mislead by rulings, etc.

Hence, condonation of delay is a remedy where a meritorious case be heard after

providing a sufficient cause to the court when the prescribed period has ended.

General Principles to Be Followed:

The Supreme Court also gave certain principle which binds the Courts to follow
while adjudicating the issue regarding condonation of delay. These are

• Ordinarily, a litigant does not have the right to receive benefit from filing
a late appeal.
 • If the delay is condoned, then the case must be decided after both parties
have been provided with an opportunity of being heard before the court.
But if condonation is refused, then there is a chance that a meritorious
matter would be thrown out on the basis of technicalities.
• Every day’s delay must be explained, does not mean the doctrine is to be
applied in an irrational manner. It must be applied in a sensible manner and
not a literal one.
• Between substantial justice and technical considerations, the substantial
justice should be preferred before since the other side cannot claim that
injustice is done because of a bona fide delay.
• The court should not presume that the delay is occasioned deliberately. The
litigant has nothing to gain by resorting to delay and runs a serious risk.

IN THE COURT OF DISTRICT AND SESSION JUDGE, PATIALA

HOUSE COURTS AT NEW DELHI

CS NO. ____/2022

IN THE MATTER OF:

Deepak & Anr ……. Appellant

VERSUS

Rajnish Kumar …. Respondent

APPLICATION FOR CONDONATION OF DELAY OF 50 DAYS IN

FILING CROSS OBJECTION IN THE PRESENT SUIT R/W SECTION 5
OF THE LIMITATION ACT,1963 R/W SECTION 151 OF CPC, ON
BEHALF OF THE RESPONDENT.

MOST RESPECTFULLY SHOWETH: -

1. That the above-mentioned matter is pending before this Hon’ble Court and
listed on 14/09/2023.
2. That on the last date of hearing respondent was asked to file cross
objections within 4 weeks from that day.
3. That there is 50 days delay in filing the cross objection due to the below
enumerated reasons:
• That in the meantime there was a whitewash in the office of the counsel of
the respondent at Janakpuri, due to which some files were shifted to the
chamber of the counsel of the respondent situated at Dwarka (Chamber
number 76). That the said files were brought back to the office on _______,
However, the present file was missing in the said bulk. Although the
counsel tried to search for it in the office as well as the chamber but could
not find the same.
• Thereafter the civil courts were closed during the summer vacation from
_________. It is submitted that the main counsel was out of the country
from ______ to __________ due to the above said holidays.
• That the main counsel joined back on 01/07/2023 and also visited his
chamber and was intending to procure a certified copy of the said file,
however, was apprised that the file had been found and the same had been
mixed up with the files of the Advocate with whom the counsel for the
respondent shares the chamber. The counsel of the respondent therefore
received the file on 01/07/2023 in the evening and the same was filed on
05/07/2023.

4. That the delay is neither intentional nor mala-fide but due to the above-
mentioned reasons.
5. That if the application is not allowed then the respondent herein would lose
the valuable right to defend. If the same is allowed no one shall be
prejudiced.
It is prayed that this Hon’ble court may kindly allow the present application and
condone the delay of 50 days in filing the cross objection for the reasons stated
herein above, in the interest of justice and fair play.

RESPONDENT

Place

Date: Through

Advocate

APPLICATION FOR SETTING ASIDE EX-PARTE DECREE - O9 R13

Order 9 Rule 13 provides a remedy for the defendant to apply for setting aside
the ex-parte decree which was passed due to the non-appearance of the defendant
in the civil suit. The court only sets aside the ex-parte decree when the defendant
presents a satisfactory reason in court for non-appearance.

Grounds for Reversal: The defendant can apply for setting aside the ex-parte
decree by demonstrating to the court that either the summons were not properly
served or that he was prevented from appearing in court due to a valid and
sufficient reason.

If the court is satisfied with these reasons, it can pass an order rescinding the
judgment against the defendant. The court may also impose conditions as it deems
appropriate, which could include terms related to costs, payments to the court or
other factors.

Setting a Date for Hearing: After rescinding the ex-parte decree, the court will
establish a new date for the matter to be heard. This allows both parties to present
their case and participate in the legal proceedings.

Provisions Regarding Other Defendants: The first proviso to Order IX Rule 13

of the CPC states that where the decree is of such a nature that it cannot be set
aside as against such defendant only, then it may be set aside against all or any of
the other defendants.

Proviso on Summons Irregularity: The second proviso to Order IX Rule 13

deals with cases where the defendant was given proper notice of the hearing date
and had sufficient time to appear and contest the plaintiff’s claim - in such
situations, if the defendant files a request to set aside an ex-parte order based
solely on an irregularity in summons service, the court may not set aside the ex-
parte decree.

Restriction on Appeals: The provision also includes a restriction that states that
no application shall be allowed under this rule to set aside the ex-parte decree if
an appeal against the ex-parte decree has been dismissed.

These provisions under Order IX Rule 13 CPC are designed to ensure that
defendants have the opportunity to seek relief and set aside ex-parte decrees if
they can provide valid reasons for their non-appearance in court or irregularities
in the legal process. It is a crucial legal safeguard to maintain fairness and due
process in civil litigation.

IN THE COURT OF DISTRICT JUDGE, SAKET DISTRICT, DELHI

CIVIL SUIT NO. 15220/2018

In the matter of:

Asim ...... PLAINTIFF

VERSUS

Riaz ....... DEFENDANT

APPLICATION UNDER ORDER 9 RULE 13 OF CODE OF CIVIL

PROCEDURE, 1908 FOR SETTING ASIDE EX PARTE DECREE
PASSED AGAINST THE DEFENDANT
Most Respectfully showeth:

1. That the applicant is the defendant in the aforesaid matter and the next date
of hearing of the matter is on 15.07.2018.
2. That on the previous date of hearing i.e. 08.07.2018, the defendant could
not appear before this Hon'ble court due to the illness of his mother and he
informed his counsel about the same. That the counsel of the defendant was
out of station for some legal matters due to which he also could not appear
before this Hon'ble Court. That the medical reports of the defendant mother
has been annexed and marked as annexure-A and the attendance at
Allahabad High Court of the counsel of the defendant is annexed and
marked as Annexure-B.
3. That on the same date, when the associate of the counsel for defendant
reached the court, he found out that the court has passed an ex- parte decree
against the defendant due to his non-appearance.
4. That the non-appearance on the part of defendant and his counsel was non-
deliberate and unintentional.
5. That the defendant will suffer irreparable loss if the ex-parte decree against
him is not set aside whereas no such harm shall be caused to the plaintiff.

PRAYER:

It is therefore, most respectfully prayed that this Hon’ble Court to be pleased to

set aside the ex-parte decree dated 08.07.2018 passed by this Hon’ble Court
against the defendant due to his non-appearance on the previous date of hearing
i.e., 08.07.2018.

Defendant

Place Through

Date: Advocate
 WRIT PETITIONS

According to Article 32 of the Constitution of India, any individual may file a

written petition with the Supreme Court of India seeking to protect his or her
fundamental rights as guaranteed by the Constitution of India. Only in the above
situation may any person directly approach the Supreme Court of India. These
petitions can also be filed to High Courts by virtue of Article 226 of Constitution.

The Court may issue writs like habeas corpus, mandamus, certiorari, quo
warranto, and prohibition.

• Habeas corpus

By Habeas corpus writ the Supreme Court or High Court can cause any person
who has been detained or imprisoned (this means violation of his fundamental
right to liberty) to be physically brought before the court. The court then examines
the reason of his detention and if there is no legal justification of his detention,
he can be set free.

• Writ of Mandamus

Mandamus means “we command”. This writ is used by the court to order the
public official who has failed to perform his duty or refused to do his duty, to
resume his work. Apart from public officials, Mandamus can also be issued
against any public body, a corporation, an inferior court, a tribunal, or government
for the same purpose.

• Writ of Prohibition

The writ of prohibition means that the supreme court and High Courts may
prohibit the lower courts who are doing something which exceeds to their
jurisdiction or acting contrary to the rule of natural justice.
This implies that if a judicial officer has personal interest in a case, it may hamper
the decision and the course of natural justice. Writ of Prohibition means to be
issued in this case.

• Writ of Certiorari

Certiorari’ means to ‘certify’. Certiorari means a writ that orders to move a suit
from an inferior court to superior court, on the grounds of an excess of jurisdiction
or lack of jurisdiction or error of law.

• Quo Warranto

Quo warranto means “by what warrant”. This means that Supreme Court and
High Court may issue the writ which restrains the person or authority to act in an
office which he / she is not entitled to. This writ is applicable to the public offices
only.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO. OF 2016

IN THE MATTER OF :

X ....... PETITIONER

VERSUS

Municipal Corporation of Delhi,

Through Its Commissioner … 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 __. The respondent is
Municipal Corporation of Delhi having their office at Town Hall, Chandni
Chowk, Delhi.

BRIEF FACTS:

2. That the petitioner is aggrieved by the illegal appointments of daily wage

workers by the M.C.D. office in defiance of Notification No. MCD/LF/01-
103 dated 1.2.2014 which requires the M.C.D. to appoint only those person
as Daily wage worker who are below the age of 30 years as an 01.10.2014.
The said Notification was issued after it was duly approved.
3. That the petitioner is of 27 years of age and was working as a daily wage
worker, when on 1.12.2014 his services were terminated without
notice/prior intimation. The Petitioner during his service worked to the
satisfaction of his superiors. The respondent has appointed Sh. Ompal, Sh.
Ram and Smt. Maya in defiance of the said notification M.C.D./LF/01-/03
at 01.02.2014 as all the three person namely Om Pal, Sh. Ram and Smt.
Maya are more than 30 years of age as on 01.10.2014. The about named
persons were appointed in utter disregard of Notification. The respondent,
however, removed the petitioner from service although petitioner met the
requirements.
4. That the Petitioner made representation to the respondent vide letter dated
1.12.2014, and also met the commissioner personally and apprised them of
his grievance, however nothing materialized.
5. That in spite of oral and written representations the respondent have not
cared to act and are maintaining stoic silence on the whole issue.
6. That the petitioner have thus approached the Hon’ble court on amongst
others the following grounds

GROUNDS:
(a) Because the action of the respondent is contrary to law and good
conscience.
(b) Because the action of the respondent is arbitrary, unreasonable, irrational
and unconstitutional.
(c) Because respondent have no right to play with the career of the petitioner.
(d) Because the petitioner was removed from job in spite of the fact that he
was below age and fulfilled all requirements.
(e) Because respondent appointed. Sh. Ompal, Sh. Ram and Smt. Maya
despite their being overage and not meeting requirements of Notification
No. MCD/LF/01-103 dated 1.2.2014.
(f) Because the action of the respondent is bad in law.

7. That the Petitioner craves, leave of this Hon’ble Court to add, amend, alter
the grounds raised in this petition.
8. That the cause of action in present case arose on 1.2.2014 when the
respondent brought out the Notification No. MCD/LF/01-103 dated
1.2.2014. It further arise when on 1.12.2014 the petitioner was removed
from job in spite of the fact that he was below age and fulfilled all
requirements. It further arose when respondent appointed. Sh. Ompal, Sh.
Ram and Smt. Maya despite their being overage and not meeting
requirements of Notification No. MCD/LF/01-103 dated 1.2.2014. It
further arose when representations were made to respondent orally and in
writing on 1.12.2014. The cause of action further arose when respondent
did not act in spite of the fact having brought to their notice. The cause of
action is continuing one.
9. That the Petitioner has no other alternative efficacious remedy except to
approach this Hon’ble Court by way of this writ petition.
10. That the petitioner has not filed any other similar writ petition either before
this Hon’ble Court or before the Supreme Court of India.
 11. That there has been no undue delay in filing of this petition.
12. That the Hon’ble court has territorial jurisdiction to entertain the writ
petition.
13. That the requisite court fee of Rs. 50/- has been affixed on this petition.

PRAYER:

The petitioner most humbly prays that this Hon’ble Court may be pleased to :-

(a) issue appropriate writ in the nature of mandamus or any other appropriate
writ directing the Respondents to cancel the illegal appointment made in
disregard of Notification No. MCD/LF/01-103 dated 1.2.2003,
(b) issue necessary directions to appointment of petitioner and
(c) issue any other further order/orders or direction/directions as this Hon’ble
Court may deem fit and appropriate to the facts and the circumstances of
this case.

FOR THIS ACT OF KINDNESS, THE PETITIONER ABOVENAMED SHALL

EVER PRAY.

PETITIONER

Place

Date: Through

Advocate
 SUIT FOR RECOVERY UNDER ORDER 37 CPC - SUMMARY SUIT

Summary suits are intended to provide a speedy and relatively simple means of
resolving certain types of civil disputes, without the need for a full trial.

The objective of this is to avoid unnecessarily extending the litigation process by

the defendant in the cases where speedy judgments are desirable, which could
help the complainants to save monetary expenses as well.

Under the CPC, a summary suit can be instituted in cases where the plaintiff’s
claim is based on a negotiable instrument (such as a promissory note, bill of
exchange, or cheque) or on an agreement that provides for the payment of a debt
or liquidated demand in money.

In order to be eligible for a summary suit, the plaintiff’s claim must be for a
specific amount of money, and must not be disputed.

• As per the Limitation Act, 1963, the limitation period for filing a summary
suit is three years from the date on which the cause of action arose.
• Summary suits can be instituted in Courts of Small Causes, City Civil
Courts, High Courts, and any court notified by the High Court.

After the institution of a summary suit, the defendant should be served a copy of
the plaint and summons in the prescribed form. The defendant has to make an
appearance within 10 days of service of summons. If the defendant makes an
appearance, the plaintiff shall serve him a summons for judgment. Then the
defendant has to apply for leave to defend the suit. Leave may be granted to him
unconditionally or what the court deems fit. If the defendant doesn’t apply for
leave to defend, the plaintiff becomes entitled to judgment.

In summary suits, the defendant will be given a chance to defend himself if leave
is granted.
In case of non-appearance of defendant, a decree is passed in favour of plaintiff
easily whereas in ordinary suits multiple summonses are served and then an ex
parte order is passed.

The plaintiff is designated to a decree of a sum not surpassing the amount

mentioned in the plaint including interest and cost.

IN THE COURT OF DISTRICT JUDGE, DWARKA COURTS,

SOUTH WEST DELHI

SUIT NO. OF 20XX

(SUIT UNDER ORDER XXXVII OF CPC)

IN THE MATTER OF: Puneet super Star

M/s ABC Pvt Ltd. L

Through its Director

Shri…… ……….. PLAINTIFF

VERSUS

M/s XYZ Ltd.

Through its Director

Shri……. ……...DEFENDANT

SUIT FOR RECOVERY OF RS. 4,19,200/- 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 B-40, Safdarjung Enclave, New Delhi. Mr. P.
Executive Director or the Plaintiff-company, 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 Chandigarh. However, the Administrative
office of the Defendant is situated at Delhi i.e. within the jurisdiction of
this Hon’ble Court.
4. That the Defendant approached the Plaintiff for construction of a building
for their paper mill at Chandigarh sometime in the year 2000 whereupon
the Plaintiff constructed the building and handed over the possession of the
same to the Defendant sometime in December, 2013.
5. That the on 4th April, 2014, the Plaintiff raised the final bill for Rs.
4,19,200/- on the Defendant on account of the aforesaid construction of
their paper mill at Chandigarh against which the Defendant handed over
cheque No. 213456 dated 18.4.2014 for Rs. 4,19,200/- drawn on Punjab
National Bank, Shahdara, Delhi to the Plaintiff, which was dishonoured
upon presentation.
6. That the Plaintiff immediately informed the Defendant about the dishonour
of the said cheque and called upon the Defendant to make the payment of
the said amount along with interest @ 18% per annum. However, the
Defendant failed to pay the same to the Plaintiff despite repeated requests
and reminders.
7. That the Plaintiff therefore finally issued a legal notice dated 6th April,
2015 to the Defendant calling upon the Defendant to clear the outstanding
amount of Rs. 1,39,492/- along with interest at the rate of 18% per annum
 w.e.f. 4-4-2014 upto the date of payment. However, no payment has been
made by the Defendant despite the said notice.
8. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with
interest @ 18% per annum from the date on the Plaintiff’s bill. The Plaintiff
is however, claiming interest form 18-4-2014 upto the date of filing of this
suit @ 18% per annum.
9. That the cause of action in favour of the Plaintiff and against the Defendant
first arose in 2000 when the Plaintiff was approached by the Defendant for
construction of their paper mill. It further arose in December, 2013 when
the said building was completed and handed over to the Defendant and on
4th April, 2014 when the Plaintiff submitted the final bill for Rs. 4,19,200/-
to the Defendant. The cause of action arose on all dates when the Plaintiff
called upon the Defendant to make the payment and the later failed to
comply with it. The cause of action is still subsisting as the Defendant has
failed to pay the outstanding amount despite repeated oral and written
requests and reminders from the Plaintiff.
10. The suit is well within the period of limitation.
11. This Hon’ble Court has jurisdiction to entertain this suit because the part
of the cause of action arose at Delhi. The contract for construction of the
paper mill was entered at Delhi, all the payments upto this date have been
made at Delhi and the payment of the outstanding amount was also to be
made at Delhi. The Administrative Office of the Defendant is situated at
Delhi where they carry on the work for their gain.
12. The value of this suit for the purposes of court fee and jurisdiction is Rs.
_____ on which court fee of Rs. ______ is paid.
13. 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 :-

a) Pass a decree for Rs. 4,19,200/- with interest @ 18% per annum from
18.4.2014 upto the date of filing the suit in favour of the Plaintiff and
against the Defendant;
b) award cost of the suit in favour of the Plaintiff and against the Defendant;
and
c) 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

Place: Through

Date: Advocate

VERIFICATION:

Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to 8
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 9 to 13 are true
on information received and believed to be true and last para is the humble prayer
to this Hon’ble Court.

Plaintiff

SUIT FOR PERMANENT INJUNCTION

A suit for permanent injunction is filed by the plaintiff that restrains the defendant
from engaging in specific actions or behaviours permanently.

This legal remedy is typically pursued when the plaintiff believes that the
defendant’s actions if allowed to continue, will result in irreparable harm to their
legal rights or interests and monetary compensation would be insufficient to
rectify the situation.

Such a suit for permanent injunction can be initiated when there is an actual or
imminent threat of irreparable harm or injury to the plaintiff’s legal rights.

Permanent injunction can exclusively be obtained through a decree issued during

the trial proceedings and based on the merits of the case.

IN THE COURT OF SENIOR CIVIL JUDGE, DWARKA COURTS,

SOUTH WEST DELHI

SUIT NO. OF 20XX

IN THE MATTER OF:

Mr. AB ………. PLAINTIFF

VERSUS

Mr. CD

Mr. EF ……...DEFENDANT(S)

SUIT FOR PERMANENT INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has been residing at House No. _________ for the last
about nine years with his mother, wife and children. as a tenant.
2. That upto the year _____ in the premises of House No. _____, the plaintiff
had been living in a Tin shed constructed by him.
3. That the plaintiff in the year ______ constructed thereon pucca room and
kitchen at his own cost. Some of the receipts available pertaining to the
material purchased by the plaintiff for construction of a room and kitchen
are annexed hereto and collectively marked as Annexure A-1.
4. That the plaintiff is a poor person and bread earner for three minor children,
his wife and mother and for earning his livelihood is running a small Dhaba
outside the said house.
5. That the plaintiff had been paying Rs. _____ per month as rent regularly to
Defendant No. 1 in cash. However, no receipt is being issued by defendant
No. 1 towards payment of the said rent.
6. That defendant Nos. 2 and 3, the sons of defendant No. 1 have been giving
threats to the plaintiff either to vacate the premises or face dire
consequences.
7. That on ___, Defendant No. 1 along with his sons entered the room of
plaintiff using filthy and abusive language and started beating the plaintiff.
8. That the plaintiff reported the matter to the In-charge Police Station and
lodged FIR on________. However, no protection was afforded to the
plaintiff by the police.
9. That the plaintiff is a law-abiding citizen and has rehabilitated himself in
the petty business at his own, whereas the defendant Nos. 2 and 3 are
influential people who believe in taking the law in their own hands and also
believe on using muscle power.
10. That defendants are bent upon grabbing the room and kitchen by forcible
eviction of the plaintiff and his family through use of their might & money.
11. That the acts of the defendants are unlawful, arbitrary, unwarranted and
against all cannons of justice and they are liable to be restrained by passing
a decree of permanent injunction under Section 30 of the Specific Relief
Act which is the only efficacious remedy in the circumstances of the case.
12. That the cause of action first accrued to the plaintiff against the defendants
when they entered the room of the plaintiff using abusive language and
started beating him. The cause of action again arose on .......... in favour of
the plaintiff when the defendants 2 and 3 with their musclemen locked the
plaintiffs residence from outside. The cause of action for filing the present
 suit is still subsisting and will continue to subsist in favour of the plaintiff
till the defendants are ‘restrained by a decree of this Hon’ble Court as
prayed.
13. That the parties reside in Delhi and the suit property is also situated in
Delhi, this Hon’ble Court therefore has jurisdiction to entertain & try the
suit.
14. That the value of the suit for purposes of jurisdiction and court fee is
assessed at Rs. 130/- for which the requisite court fee for the relief of
permanent injunction has been affixed/paid on the plaint.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased

• to grant a decree of permanent injunction in favour of plaintiff and against

the defendants by permanently restraining the defendant Nos. 1 to 3, their
agents, servants, relatives etc. interfering with the peaceful possession,
occupation, enjoyment and use of the premises House No. ............... by the
plaintiff.
• Such other relief which this Hon’ble Court may in the circumstances of the
case, be pleased to grant may also be granted.

Plaintiff

Place: Through

Date: Advocate

VERIFICATION

Verified at New Delhi on this ...... day of 2023. That the contents of paras No.
............ of the plaint are true to my knowledge and belief, whereas, those of paras
No. ……. are believed to be true on legal advice received through the counsel.

Plaintiff
 SUIT FOR DISSOLUTION OF PARTNERSHIP

The dissolution of a partnership refers to the process of ending the relationship

between partners and winding up the affairs of the partnership.

Partnerships may be dissolved due to various reasons, including:

• Voluntarily Dissolution: Where the partners mutually agree to terminate

the partnership.
• Death of a Partner: If a partner passes away, it generally leads to the
dissolution of the partnership. However, the remaining partners can choose
to continue the business after making necessary adjustments.
• Admission of a New Partner: When a new partner is admitted to the
partnership, it may require the dissolution of the existing partnership and
the formation of a new one with the new partner included.
• Retirement of a Partner: If a partner decides to retire from the partnership,
it may result in the dissolution of the partnership. The remaining partners
can then decide whether to continue the business or wind it up.
• Bankruptcy of a Partner: If a partner becomes bankrupt, it can lead to the
dissolution of the partnership.
• Expiry of Partnership Period: If the partnership is formed for a specific
period, the partnership automatically dissolves when that period expires.

Dissolution by court decree: This can happen if one or more partners are unable
to carry out their duties due to incapacity or mental instability. Additionally, if a
partner’s behaviour is detrimental to the partnership or if there is a breach of the
partnership agreement, the court may order the dissolution.

IN THE COURT OF DISTRICT JUDGE, DWARKA COURTS,

SOUTH WEST DELHI

SUIT NO. ……….OF 20XX

IN THE MATTER OF:

Mr. A ………. PLAINTIFF

VERSUS

Mr. B ……...DEFENDANT

SUIT FOR DISSOLUTION OF PARTNERSHIP AND RENDITION OF

ACCOUNTS

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff and the defendant run the business of retail sale of clothes
since January 2016. The name and style of our brand is “Style Fabrics”
situated at ________. A Partnership agreement covering terms and
conditions of the partnership was executed on 01-05-2016. The copy of the
Partnership Deed is attached to this suit herewith as ANNEXURE-“A”.
2. That according to the terms of the partnership, the defendant was in charge
of the internal section of the business i.e., supervision and maintenance of
accounts, while the plaintiff was to be marketing executive of the business
for the advertising of the sale of the business.
3. That the defendant had Committed some breaches to the terms of the
partnership which are as under:
a) Defendant did not allow the plaintiff to examine the accounts book.
b) The defendant did not render the accounts for the last 5 years.
c) Now defendant gave over ten packs of clothes to his friend free of
cost without giving information and taking approval from the
plaintiff.
d) The defendant frequently dodges to pay the utility bills of the
buildings of the business.
4. That the cause of action arose firstly on 04-10-2015 when the plaintiff
asked the defendant to render the accounts but the defendant denied to do
 the same, and secondly and finally, ten days ago, when the defendant
utterly denied doing the needful.
5. That the plaintiff and defendant reside at and run their business at _______
therefore, this court is having the jurisdiction to decree this suit.
6. That the valuation of the suit for the determinations of court fee and
jurisdiction has been fixed at Rs. 22,000/- therefore no Court fee is liable
to be attached on this plaint.

PRAYER

In view of the above, it is prayed as under:

• The partnership between the plaintiff and the defendant may kindly be
dissolved.
• The defendant may kindly be directed to render the accounts of the last
5years.
• The shares of the plaintiff and the defendant arising out of the rendering of
accounts may kindly be equally dispersed between plaintiff and defendant.
• The Costs of this suit may also be conferred to the plaintiff.
• Any other relief considered probable by this Respected Court may also be
granted

Plaintiff

Place: Through

Date: Advocate

VERIFICATION

Verified on oath at this day of January 2016 that the contents of the paragraphs 1,
2, 3 are true to the best of my knowledge while rest of paragraphs are correct to
my information and belief.

Plaintiff
 APPLICATION FOR TEMPORARY INJUNCTION U/O 39 CPC

A temporary injunction is an interim remedy to maintain the status quo of the

parties with regards to the property in dispute during the pendency of the case.

Requirements for Temporary Injunctions

• Prima Facie Case

• Irreparable Loss
• Balance of convenience

Order 39 talks about the cases in which the court may grant a temporary
injunction as a statutory relief, which are as follows:

• Property in dispute is in danger of being wasted, damaged or alienated by

any party to the suit.
• Where defendant threatens or intends to remove or dispose of his property
with a view to defraud creditors.
• Where defendant threatens to dispossess the plaintiff or otherwise cause
injury to the plaintiff in relation to the property in dispute
• Defendant is about to commit breach of peace or contract or otherwise
(Order 39 Rule 2).
• Where the court is of opinion that it would be an act in the interest of
justice.

IN THE COURT OF SENIOR CIVIL JUDGE, DWARKA COURTS,

SOUTH WEST DELHI

I.A. NO. ______OF 20XX

IN

SUIT NO. OF 20XX

IN THE MATTER OF:

Mr. AB ………. PLAINTIFF

VERSUS

Mr. CD

Mr. EF ……...DEFENDANT(S)

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER

XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

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. That in case the defendants are not restrained by means of ad-interim
injunction for dispossessing the plaintiff from the above said premises no.
______ Uttam Nagar, New Delhi and from interfering in physical peaceful
possession of the above said premises, the plaintiff shall suffer irreparable
loss and injury and the suit shall become infructuous and would lead to
multiplicity of the cases.
5. That the balance of convenience lies in favour of the plaintiff and against
the defendants.

PRAYER:

It is therefore most respectfully prayed that this Hon’ble Court may be pleased
to:
 • Pass ex-parte ad interim injunction restraining the defendants, their
associates, servants, agents and their representatives from interfering into
the peaceful physical possession of the plaintiff in the above said premises
and from dispossessing the applicant/plaintiff from the same.
• 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

Place: Through

Date: Advocate

IN THE COURT OF SENIOR CIVIL JUDGE, DWARKA COURTS,

SOUTH WEST DELHI

I.A. NO. ______OF 20XX

IN

SUIT NO. OF 20XX

IN THE MATTER OF:

Mr. AB ………. PLAINTIFF

VERSUS

Mr. CD

Mr. EF ……...DEFENDANT(S)

APPLICATION UNDER ORDER XXXIX, RULE 2A READ WITH

SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, ON
BEHALF OF THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

 1. That the above noted suit for injunction is pending before this Hon’ble
Court and the contents of the plaint be read as part of this application. The
plaintiff/applicant is tenant in suit premises bearing House No. _____,
Uttam Nagar, New Delhi and the defendant is landlord of the same.
2. That on an application U/O 39, R 1 & 2 for interim stay against interference
in peaceful possession of the plaintiff/applicant as well as dispossession
from the said premises, without due process of law was filed by the
plaintiff/applicant against the defendant/respondent along with the plaint.
3. That on _____, this Hon’ble Court was pleased to grant interim injunction
in favour of the plaintiff/applicant and against the defendant/respondent for
not to interfere in the peaceful possession of the plaintiff/applicant and not
to dispossess him without due process of law from the suit property.
4. That on ______, the defendant in spite of the service and knowledge of the
above interim injunction orders took forcible possession of the suit
premises with the help of anti-social elements in utter disregard of the
orders of this Hon’ble Court and the plaintiff’s household goods were
thrown on the roadside.
5. That the defendant/respondent has thus knowingly and wilfully disobeyed
and violated the injunction orders issued by this Hon’ble Court, and he is
as such guilty of disobedience of the orders of this Hon’ble Court and has
rendered himself liable to be detained in civil imprisonment and attachment
of his property.

PRAYER:

It is therefore most respectfully prayed that this Hon’ble Court may be pleased
to:

• take appropriate action U/O 39 R 2-A of the Code of Civil Procedure and
other provisions of law may be taken against the defendant/respondent and
 his property may be directed to be attached and he may be directed to be
kept in civil imprisonment for the maximum term.
• direct restoration of the possession of the suit property to the
plaintiff/applicant.
• any other appropriate orders/directions may also be passed as may be
deemed fit in the facts and circumstances of the case in favour of
plaintiff/applicant.

Plaintiff

Place: Through

Date: Advocate

APPEAL FROM ORIGINAL DECREE UNDER 41 CPC

An appeal must be supported with a memorandum of appeal, which is a document

comprising of the grounds of appeal. The constituents of a valid memorandum of
appeal include:

• The grounds for filing an appeal.

• Signature of the appellant or his/her pleader.
• The attachment of the certified copy of the original judgement.
• The remittance of the decretal amount or security (in case of a money
decree).

Section 96: Appeals from original decrees, are preferred in a court which is
superior in rank to the Court passing the decree.

• Appeal for such decrees may lie on an original decree passed ex parte.
• No appeals will be placed if the decree is passed with the consent of the
parties.
• The appeal from original decrees lies on a question of law.
The appeal shall contain the grounds of objection under distinct heads, and such
grounds shall be numbered consecutively.

If the appeal is against a decree for payment of money, the court may require the
appellant to deposit the disputed amount or furnish any other security.

A ground / objection which has not been mentioned in the appeal, cannot be taken
up for arguments, without the permission of court. Similarly, any point of act
which was not taken up by the Appellant, in lower court, cannot be taken up in
appeal, it lies only against only those points which have been decided by the lower
court rightly or wrongly.

REVISION PETITION

A Revision Petition is an application made to a High Court to correct the mistakes

made by the Courts subordinate to it.

The High Court of a State has power to supervise the works of the subordinate
court under its Jurisdiction. The High Court has power to oversee, correct and
improve if the sub-court has committed any illegality, irregularity, and has acted
arbitrary, or has committed some error in procedure.

Section 115 of the Code of Civil Procedure, 1908 explains when the High Courts
can exercise this power. Thus, the HC revises the order made by the subordinate
court if the court has made a jurisdictional error.

GROUNDS FOR REVISION PETITION

Grave Errors of Law: Existence of a grave error of law in the lower court’s
judgment. This could include misinterpretation or misapplication of law, reliance
on an incorrect legal provision, or failure to consider binding legal precedents.

Procedural Irregularities: If there were significant procedural irregularities during

the lower court proceedings that might have affected the outcome of the case, a
Revision Petition can be filed.
Jurisdictional Errors: A Revision Petition can be sought if the lower court
exceeded its jurisdiction or failed to exercise its jurisdiction correctly.

Discovery of New Evidence: If new and crucial evidence has come to light after
the lower court’s judgment and was not available during the original proceedings.

Violation of Fundamental Rights: If the lower court’s decision violates

fundamental rights guaranteed by the constitution or any other relevant laws.

When the lower court’s decision has resulted in a miscarriage of justice.

Error of Fact: If there is a clear & evident error of fact in lower court’s judgment.

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.

In the High Court of Delhi

Civil Appellate Jurisdiction

Civil Revision No…… of 2022

IN THE MATTER OF:

ABC …Petitioner

Versus

XYZ …Respondent

CIVIL REVISION PETITION AGAINST THE ORDER DATED ………

PASSED BY THE LEARNED SUB-JUDGE, 1ST CLASS IN THE CIVIL
SUIT NO. … OF 2021

MOST RESPECTFULLY SHOWETH:

1. That the petitioner named above has filed a suit against the respondents for
the recovery of possession of a house situated in……, fully described in
 the plaint. The suit is pending in the court of Sub-Judge 1st Class, and the
next date of hearing is………...
2. That on being summoned the respondent appeared before the court below
and filed his written statement wherein he denied the petitioner's title set
up in the suit property.
3. That the trial court framed issues on…… and directed the petitioner
(plaintiff) to produce evidence, upon which the petitioner promptly
furnished to the court below a list of witnesses and also deposited their diet
expenses etc., making a request that the witness be summoned by that
Court.
4. That on a previous date of hearing that is………, two witness of the
petitioner had appeared and their statements were recorded. However, the
learned Presiding Officer of the court below passed an order that the
remaining witnesses be produced by the petitioner-plaintiff on his own
without seeking the assistance of the court. This order was passed despite
a request by the petitioner that at least those witness named in the list who
are State employees should be summoned by the court, as they are required
to produce and prove some official records.
5. That on the next date of hearing the learned trial court by the order
impugned in this revision closed the evidence of the petitioner-plaintiff on
the ground that the remaining witnesses were not produced by him.
6. That the impugned order has caused great prejudice to the petitioner and if
the same is allowed to stand the petitioner's suit is bound to fail.
7. That the trial court has unjustifiably denied assistance of the court to the
petitioner-plaintiff to secure the attendance of his witnesses. The interests
of justice demand that he is provided with all legal assistance in this regard.

PRAYER

It is most respectfully submitted before this Hon’ble Court:

To quash and set aside the order under revision and direct the court below to
provide assistance of the court for summoning the plaintiff-witnesses in the
interest of the justice.

Petitioner

Place: Through

Date: Advocate

VERIFICATION

Verified on oath at this day ___ of January 2016 that the contents of the
paragraphs 1, 2, 3 are true to the best of my knowledge while rest of paragraphs
are correct to my information and belief.

PETITIONER

REVIEW PETITION

The word “review” means to examine again. A review petition is filed to re-
examine the facts and evidence and pronounce a new judgment.

Section 114 of the Code of Civil Procedure gives a substantive right of review
and Order 47 provides the procedure for filing a review petition.

Section 114 states that any aggrieved person may apply for a review of a judgment
or order made by the Court, if:

• The appeal is allowed but has not been preferred by the petitioner, or
• The appeal is not allowed by the Court, or
• Aggrieved by a decision on a reference from a Court of Small Causes.

Under Article 137 of the Constitution, the Supreme Court has the power to review
any judgment pronounced or order made by it. This power is given to the Supreme
Court to correct a “patent mistake” or “grave error” resulting in miscarriage of
justice and not to fix minor mistakes of inconsequential results.
A review petition is to be filed within 30 days of the pronouncement of judgment.

The review petition should be circulated, without oral arguments, to the same
bench that delivered the judgment. However, if a Judge or bench is not available
who delivered the original order/ judgment due to various reasons, any other
competent Court is authorized and empowered to deal with the review application
and the application cannot be dismissed merely on the ground that the said Judge
is no longer in position.

Similarly, High Courts have also been given the power of reviewing its judgment
under Article 226 of the Constitution. However, it can only be invoked when there
is a breach of law or violation of the Constitution.

Grounds for Review:

1. Discovery of new and important matter or evidence.

2. Mistake or error made by the court which is apparent on the face of the
record.
3. Any other sufficient reason: It has to be analogous to the other two grounds.
Some of the sufficient reasons are:
• Violation of a fundamental right
• Violation of the principles of natural justice
• Judgment was obtained by fraud
• Court made the earlier order without jurisdiction.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

(UNDER ARTICLE 137 OF THE CONSTITUTION OF INDIA)

REVIEW PETITION (CIVIL) NO. ____ OF 2020

IN
 CIVIL APPEAL No. 4277 OF 2020

IN THE MATTER OF:

Abhishek Thakur …... Petitioner

VERSUS

UNION OF INDIA …… Respondent

REVIEW PETITION UNDER ARTICLE 137 OF CONSTITUTION OF

INDIA, AND UNDER ORDER 47 RULE 1 OF CPC AND SECTION 151 OF
CPC FOR REVIEW OF ORDER DATED 15.05.2020

To

The Hon'ble Chief Justice of India

And his brother Judges of the Hon'ble Supreme Court of India

The humble petition of the Petitioner above named:

MOST RESPECTFULLY SHOWETH:

That the petitioner has filed present review petition against impugned order dated
15/05/2020 passed by, Ld. A.D.J. District Court, Kanpur thereby dismissing suit
bearing no. 2596/2014. The copy of impugned order is annexed herewith as
annexure A and before giving the reason for filing the present revision petition it
is necessary to give the brief facts of the case which are given below:

BRIEF FACTS:-

1. That the petitioner had filed the suit for possession and damages against
the respondent by claiming that the Abhishek Thakur, husband of the
petitioner, was absolute owner of the house bearing No. 1216, and by virtue
 of sale deed dated 12/09/1989 and the petitioner being wife has been
residing over the suit property with him.
2. That respondent claims himself to be a distant relative of Abhishek Thakur,
came to the house of the petitioner and the respondent stayed couple of
days with the husband of the petitioner and the respondent was present at
the time of death of husband of the petitioner and stayed till the ceremonies
regarding the death were completed and two weeks later the respondent
again visited the suit property and requested to the petitioner that
neighbourhood of his current residence is not appropriate and he intends to
change his house and the respondent has finally vacated the house.
3. That the respondent requested the petitioner that he may be allowed to
occupy ground floor of the suit property for about one or two months and
thereafter he will arrange for another tenanted accommodation. That the
petitioner accepted the request of respondent. The respondent did not
vacate the occupied portion of the house after two months as assured by
him and till now the respondent has been residing in suit property. That
finding no alternative the petitioner filed suit for possession and damages
against the respondent.
4. That denying the contents of the plaint, the respondent filed written
statement on false and frivolous ground and claimed himself as a real
brother of Mr. Abhishek Thakur and also claimed that Mr. Abhishek
Thakur has executed another unregistered will dated 12/08/2002 in his
favour.
5. That on information of the will dated 12.08.2002, the petitioner filed an
application for amendment of her suit for addition of the prayer for
cancellation of will dated 12.08.2002 which was allowed by the court vide
order dated 21.08.2015.
6. That the petitioner in her replication to the written statement filed by the
respondent claims that the will dated 12.08.2002 was false and fabricated
 7. That by judgment dated 15.05.2020, the suit bearing no 2596/2014 of the
petitioner was dismissed by the Ld. Trial court.
8. That on 18.06.2020, the petitioner visited the Gauriganj. the hometown of
Mr. Abhishek Thakur where she met Mr. Gaurav Srivastava who was one
of the witnesses in the cancellation of will deed dated 12.01.2005 and was
surprised to discover information regarding the certain documents, which
were not in the knowledge of the petitioner during the trial court even after
exercising due diligence at the time of trial. The documents herein are
mentioned below relates to cancellation of will dated 12.01.2005 thereby
cancelling the will dated 12.08.2002 which was made in favour of the
respondent by Mr. Abhishek Thakur. The cancellation of will deed dated
12.01.2005 has been annexed and marked as Annexure- B.
9. That the aforesaid cancellation deed of will dated 12.01.2005 would have
altered the finding of the trial court. Hence, this review.

GROUNDS OF REVIEW:

A. Because the impugned judgment dated 15.05.2020 is contrary to law,

illegal and baseless and hence is liable to be set aside.
B. Because the finding of the Ld. District Judge is against the cannon of the
law which is not permissible in the eye of law.
C. Because the trial court has not considered cancellation of will deed dated
12.01.2005 filed by the petitioner.
D. Because immense harm shall be caused to the petitioner if the new
information regarding the cancellation of will deed dated 12.01.2005 was
not considered by the trial court.
E. Because the petitioner would have presented the cancellation of will deed
dated 12.01.2005 before the trial court had it been in her knowledge at that
time.
F. That the judgment of the court is against the principle of natural justice.
 10. That petitioner being an old lady has exercised due diligence during the
trial and was unaware about the information regarding the cancellation of
will deed dated 12.01.2005. The aforesaid information was also concealed
by the respondent in order to gain undue benefit of will dated 12.08.2002.
11. That the petitioner has got no other alternative or efficacious remedy except
to seek the intervention of this Hon'ble court, to get justice by
filling/preferring the present petition.
12. That the petitioner has affixed the requisite court fees and undertakes to
file the deficient court fees, if so, directed by this Hon'ble Court.

Prayer:

Under the facts and circumstances, it is respectfully prayed that this Hon'ble court
may please:

i. To set aside the order 15/05/2020 passed by A.D.J. District Courts, Kanpur
thereby dismissing the suit bearing no. 2596/2014.
ii. Allow the review petition thereby the opportunity may kindly be granted
to the petitioner to lead additional evidence, so that the matter be decided
on merit, in the interest of justice.
iii. Any other relief which this Hon'ble court may deem fit and proper be also
passed in favour of the petitioner and against the respondent.

Petitioner

Place: Through

Date: Advocate
 APPLICATION FOR BAIL

Bail application is filed before the court for the release of a person in custody.

The bail application is filed by the advocates on behalf of the accused for the
provisional release of the accused. The accused has to furnish bond and sureties
before the court then he will be released on the bail.

The arrest is made in order to ensure that the accused must be present before the
court during the process of trial. But, if the accused agreed to be present in the
court, without going into jail. Then, in that case, it is unfair to restrict his personal
liberty, that’s why the provision of bail is included in the provisional laws.

The accused may be charged with bailable and non-bailable offences, but they
can be granted bail. The accused has to follow the necessary condition laid down
in his bail application. If the accused jumps any of the bail conditions, then the
police have the power to arrest the accused.

IN THE COURT OF MM, Dwarka District Courts, DELHI

BAIL APPLICATION NO. OF 2017

IN THE MATTER OF:

STATE ...........COMPLAINANT

VERSUS

X ..............APPLICANT

FIR NO.:

U/S: 21 NDPS Act

POLICE STATION

APPLICATION U/S 437 OF CR.P.C, ON BEHALF OF THE ACCUSED

MR. X.
The accused above named most respectfully showeth:

1. That the accused above named was arrested by the police on 1st January,
2016 and is in judicial custody since then. It is alleged that on 1st January,
2016, the accused was suspiciously moving on Baba Kharak Singh Marg,
New Delhi when the police apprehended him, conducted the search and
recovered 3 gm. of smack from his pocket.
2. That the accused has been falsely implicated in the instant case and he has
nothing to do with the alleged offence.
3. That nothing was recovered from the possession of the accused or at his
instance and the so called case has been planted upon the accused.
4. That the accused is a law abiding citizen and belongs to a very respectable
family. He has never indulged in any illegal activities and commands
respect and admiration his locality.
5. That in November, 2015, the accused found some persons selling smack
near Hanuman Mandir Cannaught Place, New Delhi. The accused
immediately reported the mater to police as the result of which police also
arrested some of the persons. Since that time, those persons who were
arrested at the instance of the accused, were threatening the accused to
falsely implicate him in a criminal case in collusion with police. The
accused made a complaint in this regard to the Dy. Commissioner of Police,
true copy of which is annexed hereto as Annexure-A.
6. That after the said complaint, the accused was called by the Vigilance
Department, Delhi Police who enquired into his complaint. True copy of
the said notice issued by the Vigilance Cell is enclosed herewith as
Annexure-B.
7. That it is unimaginable that the accused who made a complaint against the
sellers of smack, would himself indulge in such activities.
 8. That the accused is a permanent resident of Delhi and there are no chance
of his absconding in case he is released on bail.
9. That there is no chance of tempering with the prosecution evidence in the
event of release on bail.
10. That the accused undertakes to join the investigation as and when directed
to do so.
11. That the accused is not a previous convict and has not been involved in any
case of this nature except the present case.
12. That the present case is a result of clear manipulation by the police.
13. That the accused from all accounts is an innocent person.

It is therefore respectfully prayed that the accused may kindly be released on bail
during the pendency of this case.

APPLICANT

New Delhi. THROUGH

Dated:

ADVOCATE

IN THE COURT SESSIONS JUDGE, TIS HAZARI COURTS DELHI

ANTICIPATORY BAIL APPLICATION NO. OF 2017

IN THE MATTER OF: -

X …... APPLICANT

VERSUS

STATE …. COMPLAINANT
 FIR NO.:

U/S:

POLICE STATION

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER

SECTION 438 OF CRPC, 1973, ON BEHALF OF THE APPLICANT.

The Applicant above named most respectfully submits as under:

1. That the Applicant is a young man aged 20 years residing at Delhi. He is

also a Director of M/s. ABC Ltd. which is a very leading company engaged
in the manufacture of electrical appliances.
2. The Applicant is a very respectable person of his locality and is a peace
loving citizen.
3. That the Applicant was on friendly terms with Miss Y, major daughter of
the Complainant. However, the relationship of the Applicant with Miss Y
was not liked by her family members so much so that they had stopped Y
from meeting the Applicant and had threatened her that in case she meet
the Applicant, they will implicate the Applicant in some false criminal case.
4. That Miss. Y had also written number of letters to the Applicant calling
upon him to marry her as she had feared that her family members may
destroy her relationship with the Applicant, which shows that family
members of Miss. Y were totally against the Applicant and were looking
for some opportunity to falsely implicated him in some false criminal case
in order to pressurize him to severe his relationship with Y.
5. That on 5th January, 2010, the Applicant had gone to meet his friend, who
is residing in the neighborhood of Miss. Y. When the Applicant reached the
house of his friend, he was suddenly attacked by father, uncle and brother
of Miss. Y as a result of which he fell down and sustained abrasion/injuries.
The Applicant’s friend came to the rescue of the Applicant and with great
 difficulty, the Applicant was saved from the clutches of Miss. Y’s family
members by other neighbors and passersby.
6. That the police has registered a false FIR against the Applicant. A bare on
perusal of the said FIR reveals that the brother of Miss. Y was attacked by
the Applicant and not vice-versa. As a matter of fact, the aggressor has
manipulated with the police and has falsely implicated the Applicant. The
Applicant is in fact the victim at the hands of the Complainants who have
conspired with the police and got this case registered against them. The
Photo copies of the letters written by Miss. Y to the Applicant are annexed
herewith.
7. That the FIR registered against the Applicant is absolutely false and
incorrect. The Applicant is not at all involved in the alleged offence and
has been falsely implicated by the police.
8. That the Applicant apprehends that he may be arrested in pursuance of the
aforesaid false and fictitious complaint.
9. That the police officials have visited the premises of the Applicant in his
absence and there is every likelihood of his being arrested in the instant
case.
10. That the Applicant undertakes to join the investigation as and when
directed to do so.
11. That the Applicant is a permanent resident of Delhi and there is no chance
of his absconding in case he is granted anticipatory bail.
12. That the Applicant has never been involved in any criminal case except the
present one.

PRAYER

It is, therefore most respectfully prayed that the Applicant be released on bail in
the event of his arrest and appropriate directions in this regard may please to send
to the concerned Investigating officer/S.H.O.
Any other order/orders which this Hon’ble Court may be deem fit and proper on
the facts and circumstances of this case may also be.

APPLICANT

New Delhi. THROUGH

Dated:

ADVOCATE

APPLICATION UNDER SECTION 125 CRPC

Section 125 of the Criminal Procedure Code provides for the maintenance to the
wife, child, and parents. It provides that any person who has sufficient means to
maintain himself cannot deny the maintenance to the wife, children, and parents
if they are not able to maintain themselves.

However, sometimes the husbands, against whom the order of maintenance is

passed may not be satisfied with the judgment passed by the lower court and
therefore, they should have a platform where they can put up their grievances
against the order. Therefore, they have the right to file the revision application in
the court of law as provided under Section 397 of the Code.

Whenever the judgment is passed in favour of the wife, the court has to make sure
that the husband has sufficient means to provide maintenance to the wife. The
court also needs to make sure that the wife after the separation does not have
enough money to maintain herself, or the wife must not be living in adultery.

The main goal of Section 125 of the CrPC of 1973 is to support abandoned and
impoverished wives, neglected and abandoned children, and vulnerable, elderly,
and disabled parents. As a result, this provision promotes social welfare and social
service.
 IN THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY
COURTS, PATIALA HOUSE COURT,

NEW DELHI

M.T. NO.____ OF 2021

In the matter of:

Mrs. Archana .... Petitioner

VERSUS

Mr. Lalit .... Respondent

PETITION UNDER SECTION 125 CODE OF CRIMINAL PROCEDURE-

1908 FOR CLAIM OF MAINTAINENCE.

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the petitioner and the respondent was
solemnized on 26/02/2020, according to Hindu rites and rituals in the
presence of common relatives and friends of both the parties at New Delhi.
The marriage card is annexed here with as ANNEXURE -A1. The
photographs of the marriage are annexed here with as ANNEXURE –A2.
The copy of the Aadhar card of the petitioner is annexed herewith as
ANNEXURE –A3.
2. That since the inception of the marriage the petitioner was facing ill
treatment from the Respondent and his family members. That the
respondent and his family members were not happy with the petitioner and
her family members and often taunted her for bringing less dowry and said
their status/reputation in their village has deteriorated as the dowry
demands were not fulfilled according to their wishes. That the respondent
 often demanded a Scorpio car and a sum of Rs. 5,00,000/- from the
petitioner and her family members and threatened her that if she wants to
stay with him, she had to bring Scorpio car and the above-mentioned
amount else he will throw her out of the matrimonial house. That in the
beginning the petitioner ignored to the unlawful demands.
3. That gradually the verbal abuse transformed into physical assault and the
petitioner was made a subject of physical harassment on a regular basis by
respondent and his family members on the ground of not providing enough
dowry to the respondent.
4. That the respondent and his family members started commenting on
petitioner’s character and said that because she is born and brought up in
Delhi and has gone to college therefore, she definitely has a bad character.
That the respondent started linking the petitioner to various men and also
stooped to a level by suggesting that she had a relationship even with her
cousin. She was unable to bear such defamatory words and when she tried
to reply to them, respondent and his family members started
beating/slapping and/ punching her.
5. On 02/03/2020, the Respondent sent the petitioner to her father’s place and
had threatened her not to say a word about physical beating to her father.
On repeated request she went back to the matrimonial home on 12/03/2020.
However, there was no change in the attitude of the respondent and he
continued with his dowry demands.
6. That the attitude of the Respondents was very pathetic and miserable
towards the petitioner as she was tortured on several occasions. The
petitioner wanted to stay with the Respondent but the act of violence and
dowry demands were so grave that she was unable to bear them. Even the
petitioner still stayed silent and hoped thing would be fine one day but
nothing happened and due to the attitudes and actions of the Respondent
the petitioner is suffering from a low self-esteem.
7. It is also pertinent to mention that the petitioner is a housewife and has no
source of income whatsoever. It is also submitted that the respondent
husband is a constable in Haryana Police and is posted presently at Civil
Lines, Sonipat. The respondent is presently earning Rs. 50,000/- per month
which is his salary and is also earning nearly Rs. 25,000/- per month from
other sources such as rent, property etc. The respondent husband is leading
a lavish and luxurious life and has no one else to maintain as no one else is
dependent upon him except the petitioner wife. On the other hand, the
petitioner as stated above has no source of income and is presently at the
mercy of her father. The petitioner is in the need of money for maintaining
herself which she is unable to do at present. That despite the various request
on behalf of the petitioner, the respondent is purposely not maintaining the
petitioner.
8. That the petitioner got dejected when on 30/03/2020, Respondent and his
brother thrashed, abused and humiliated the petitioner and her father.
Thereafter, the petitioner was forced to leave the matrimonial house and
has been forced to lead a destitute life.
9. The petitioner filed a complaint in PS Delhi Cantt. on 26/03/2021 along
with list of items/articles belonging to the petitioner in possession of the
respondents which is enclosed herewith as ANNEXURE-A4.
10. That the cause of action arose on various dates which are mentioned in
petition. The cause of action arose since the year 2020 when the
Respondent Stopped paying the household as well as the maintenance
expenses for the petitioner. The cause of action again arose on 30/03/2020
when the respondent forced the petitioner to leave the matrimonial house
and has further refused to maintain the petitioner which he is legally and
morally bound to do. The cause of action is still subsisting as the
Respondent has refused to maintain the petitioner.
 11. That this Hon’ble court has the territorial jurisdiction to try and entertain
the present complaint as the petitioner is residing in the territorial
jurisdiction of this Hon’ble court and moreover, the marriage between the
parties was also solemnized in the territorial jurisdiction of this Hon’ble
court.
12. That the petitioner has not filed any other similar petition before any court
of law on the present cause of action.

PRAYER

Under the circumstances, it is therefore most respectfully prayed before this

Hon’ble court in light of the aforesaid facts and circumstances that the respondent
may kindly be directed to: -

a) Pay a sum of Rs. 20,000/- Pm as maintenance for the Petitioner.

b) Pay for the legal expenses incurred by the petitioner.

Pass any other or further order as this Hon’ble court may deem fit in the facts and
circumstances of the present case.

PETITIONER

VERIFICATION:

Verified at Delhi on this day of August, 2021 that the contents of Para no.
___to___ of my petition are true and correct to my knowledge and Para ___ to
___ are legal paras believe to be true on the information received. Last para is the
prayer to the Hon’ble Court.

PETITIONER

COMPLAINT U/S 138, NEGOTIABLE INSTRUMENTS ACT, 1881

Section 138 of Act deals with punishment of dishonour of cheques. It has no
concern with dishonour of other negotiable instruments.

Dishonour of cheque is not an offence in itself but to become an offence, the

following ingredients should be there:

• There should be a drawer that draws the cheque.

• The cheque drawn should be in discharge of some liability.
• Presentation of the cheque to the drawee bank.
• 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.
• The cheque returned by the bank unpaid on account of insufficient funds,
or it exceeds the amount arranged.
• Within 30 days of receiving a memo of return from the bank, a notice
should be served to drawer for payment of the said money.
• 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.

IN THE COURT OF CMM, TIS HAZARI COURTS,

WEST DISTRICT, NEW DELHI

Complaint Case No. /2022

In the matter of:

Ms. Harpreet Kaur …. COMPLAINANT

VERSUS

Puneet Grover …. ACCUSED

PS: Tilak Nagar

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENT ACT.

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law-abiding citizen and is residing peacefully at

the aforementioned address. The copy of the Aadhar card is annexed here
with as Annexure A-1.
2. That the complainant and the accused are known to each other since last 5
years. That the complainant and the accused had been maintaining a good
friendly and family relationship and are also related to each other. That the
complainant and the accused kept on meeting on and off and thus
complainant had developed faith in the accused.
3. That the accused had approached to the complainant for a friendly loan of
Rs.9,50,000/-(Nine Lakh Fifty Thousand only) on September, 2018 for a
period of one year and the complainant had given the above said amount
to the accused in Cash and in lieu of this the accused and the complainant
had entered into a Loan Agreement, dated 5.09.2018 for the
aforementioned loan amount. The copy of Loan Agreement dated
05.09.2018 is annexed herewith as Annexure A-2.
4. That as per the agreement the accused promised/assured the complainant
to pay the above-mentioned loan amount along with bank interest i.e., @
6% p.a. on or before 05.09.2019.
5. It is pertinent to mention here that the accused despite of several
assurances/promise did not return the above said amount even after the
expiry of stipulated time period i.e., one year.
6. That the complainant approached the accused several times but the accused
always made excuses for not being able to repay the said amount. It is
submitted that the accused further kept on lingering the matter on pretext
of the pandemic situation caused by covid 19 and showed his inability to
repay the aforementioned amount along with the interest for some time.
7. That the complainant further approached the accused repeatedly in the
month of December 2021 and the accused finally handed the complainant
with a duly filled cheque in January 2022. That in discharge of the existing
legal liability the accused had issued an account payee cheque under his
signature in complainant’s favour.
8. Details of the said cheques are as follows: -

CHEQUE CHEQUE DRAWN ON AMOUNT

NO DATE
8765456 05/01/2022 Canara Bank, Rs.3,80,000
Tagore Garden

9. That on 24.01.2022, the complainant presented the above said cheque in

her Bank Account i.e., State Bank of India, Tilak Nagar Branch, New Delhi
but the said cheque was returned unpaid vide cheque return memo dated
25.01.2022 with the endorsement “Funds Insufficient”. That the copy of
the Original Cheque is annexed herewith as Annexure A-3. The copy of
the Original Cheque Return Memo dated 25.01.2022 is annexed herewith
as Annexure A-4.
10. That the accused had mala fide intention to cheat the complainant since the
beginning and thus the intention of the accused to cheat and play fraud
 upon the complainant is apparent. That the accused have committed
criminal breach of trust and is liable to be prosecuted under Section 138
N.I Act 1881 and under the provisions of IPC for the same.
11. That the complainant submits that she was made to suffer further heavy
losses because of the numerous times when despite the assurances upon
presentation of the cheque issued by the accused, the same bounced.
12. There has been no justification on the part of the accused, for not releasing
the payment which is due and payable to the complainant.
13. That failing all efforts, the complainant issued a legal demand notice dated
01/02/2022 upon the accused through her counsel, MR ABC, thereby
calling upon the accused to return the said amount. That the copy of legal
notice is annexed herewith as Annexure A-5. The copy of the speed post
receipt is annexed here with as Annexure A-6. That it is pertinent to
mention herein that the said legal notice was served upon the accused on
7.02.2022 and the tracking report confirming the same is annexed here with
as Annexure–A7. Till date no reply has been received by the complainant.
14. That the accused has deliberately issued a Cheque to the complainant
knowing fully well that the same would not be honoured upon presentation.
The same is an offence under the provisions of N.I Act and the cause of
action for filing this complaint arose on the day when 15 days since the
receipt of notice by the accused expire.
15. That the bank of the Complainant lies within the territorial Jurisdiction of
this court and hence the present complaint stands maintainable.

PRAYER

In view of the above said facts and circumstances, it is humbly prayed that:

a) Accused may please be summoned, tried and punished according to the

relevant provisions of law, in the interest of justice.
 b) Convict the accused for the offence u/s 138 of the NI act and sentence him
for appropriate punishment.
c) Impose appropriate fine on the accused and release the same to the
complainant as compensation.
d) Direct the accused to deposit/give interim compensation amounting to 20%
of the amount stated on the Cheque to the complainant in view of Section
143 (A) Negotiable Instruments Act, 1881.
e) Direct the accused to pay the Cost of the case borne by the complainant.

Pass any other order which this Hon’ble court may deem fit and proper in the
facts and circumstances of the present case in the interest of justice.

COMPLAINANT

Dated: __.02.2022

New Delhi THROUGH

(ADVOCATE)

COMPOUNDING OF OFFENCES BY WAY OF COMPROMISE UNDER

SECTION 320 CRPC

Compounding is an arrangement whereby there is settlement of the differences

between the injured party and the person against whom the complaint is made.

If there is a settlement between the accused and the victim, it may be prudent in
some cases to permit the compounding of offences and to end the legal
proceedings. Sometimes, the public prosecutor or the complainant may decide it
is preferable to drop the case, the court may then approve this withdrawal, ending
the criminal trial.

To compound means “to settle a matter by a money payment, in lieu of other

liability.” In criminal law, the victim has the capacity to compound the offence.
Section 320 of the Code of Criminal Procedure, 1973, provides legal provisions
for the compounding of offences. The purpose of Section 320 of the Code is to
promote amicable relations between the parties in order to restore peace.

The offences that may lawfully be compounded are those that are mentioned in
Section 320 of the Code of Criminal Procedure. The offences other than those
cannot be compounded.

Under Section 320(1) of the Criminal Procedure Code, the legislation permits the
compounding of offences without the consent of the court. For e.g.:

• Wrongful restraint or confinement.

• Illegal trespass.
• Intentionally hurting someone.
• Mischief.
• Adultery.
• Criminal intimidation, etc.

Under Section 320(2) of the Criminal Procedure Code, the law permits the
compounding of offences for which a court’s approval is required. For e.g.:

• Voluntarily causing grievous hurt.

• Criminal breach of trust.
• Remarriage while a husband or wife is still alive.
• Cheating.
• Causing miscarriage.
• Theft committed by a clerk or a servant, etc.

When an offence is compounded, it means the person who experienced the crime
receives some form of compensation from the accused person. This compensation
isn’t necessarily money and it’s meant to avoid going through a legal trial.

Nature of Compoundable Offences

For an offence to be considered a compoundable offence, it needs to have certain
characteristics:

• The severity of the offence must not be extremely high.

• Compoundable offences are typically of a private nature. Private offences
negatively affect an individual’s personal rights or identity. These offences
should not harm the general public and should not go against the well-being
of the state.

Offences like rape, murder and dacoity are extremely serious in nature and
therefore cannot be resolved through a compromise.

Section 320 of the CrPC deals with compoundable offences. This section outlines
a range of crimes under the Indian Penal Code (IPC), 1860, that can be settled
through an agreement between the victims and the wrongdoers. Such an
agreement between both parties is known as ‘compounding of an offence’.
Consequently, specific IPC offences that are explicitly listed in Section 320 of the
CrPC can be resolved through a compromise agreed upon by both parties.

In certain situations, the complainant’s non-appearance or death may require the

proceedings to come to an end; similarly, the case may also be dropped if the
accused individual passes away, subject to certain conditions.

Non-Compoundable
Basis Compoundable Offences
offences

While the nature of the

offence is serious in the non-
The nature of the offence is compoundable offence.
Nature of crime not as serious in the instance
of a compoundable offence. For example, assault or
criminal force on women with
intent to outrage per modesty,
dishonest misappropriation of
 property, etc. are non-
compoundable offences.

Charges brought against the Charges brought against the

Withdrawal of accused for a compoundable accused for a non-
charges offence may be dropped or compoundable offence cannot
withdrawn. be dropped or withdrawn.

A non-compoundable offence
A private person is the only
has an impact on both private
Affected parties one who is impacted by a
individuals and society as a
compoundable offence.
whole.

For a compoundable
A non-compoundable offence
offence, a settlement may be
Compoundability may only be quashed. It
reached with or without the
cannot be compounded.
court’s approval.

In compoundable offences, Cases are generally brought

Case filing cases are often filed by an by the state in the non-
individual. compoundable offences.

If an offence is compoundable in nature, then aiding or abetting the commission

of such an offence, or an attempt to do so, is also compoundable in nature.

When a victim is a minor or of unsound mind, a guardian representing such a

person can compound the offence on their behalf. However, before a guardian
may compound an offence on behalf of a minor, the court must grant approval.

If the individual who had the authority to compound the offence is dead, a legal
representative of that person may compound an offence on his or her behalf if
prior authorization is obtained from the court.
When the accused is on trial for a compoundable offence or when the accused has
been convicted by a court and an appeal against the conviction is pending,
compounding of such an offence is not permitted at that stage without the
permission of the court.

It allows the High Court, u/s 401 CrPC, and the Sessions Court, u/s 399 CrPC, to
grant permission to compound offences, provided the individual requesting the
permission is competent to do so.

If the accused is liable either to additional punishment or to a punishment of a

different kind for any previous conviction, then he shall not be permitted to
compound an offence.

The outcome of compounding an offence is that the accused is acquitted. It makes

no difference whether the FIR was filed or whether the trial had begun; as long
as the offence was compounded with the court’s approval, the offender is released
from all the accusations.

APPLICATION UNDER SECTION 482 CRPC

Section 482 CrPC deals with inherent powers of the High Court. The inherent
powers of the High Court under section 482 can be invoked only in three
situations-:

• To give effect to an order passed under the code.

• To prevent the abuse of the process of the court.
• To secure the ends of justice.

It is well settled that the inherent powers under section 482 can be exercised only
when no other remedy is available to the litigant and not where a specific remedy
is provided by the statute. If an effective alternative remedy is available, the High
Court will not exercise its powers under this section.
There has been no limitation prescribed for making an Application under section
482 CrPC. However, the Application is to be filed within a reasonable period of
90 days .

Set aside Orders: The High Court may use its inherent authority to annul any
orders made incorrectly or against the rules of natural justice.

Stay proceedings: The court has the authority to halt proceedings, to stop any
party from taking undue advantage of legal system or harassing the other party.

Issue Directions: The High Court has the authority to give whatever instructions
are required in the interest of justice.

Correct errors: The High Court may use its inherent authority to correct any
mistakes or omissions that could have been made throughout the proceedings.

Prevent the abuse of powers: Preventing the misuse of the judicial process is
something the High Court can do using its inherent authority.

Provide temporary remedy: To prevent irreparable injury to either party or to

maintain the status quo until the issue is finally decided, the court may give
temporary relief.

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C.________ OF 2022

GURPREET SINGH ….PETITIONERS

VERSUS
THE STATE NCT OF DELHI & Anr. .…RESPONDENTS

PETITION UNDER SECTION 482 OF CRPC FOR QUASHING OF FIR

NO. 123/2017 UNDER SECTIONS 498A/406, 34 OF IPC REGISTERED AT
P.S TILAK NAGAR, NEW DELHI.
To,

The Hon’ble Chief Justice

And his Companion Judges of

High Court of Delhi at New Delhi

MOST RESPECTFULLY SHOWETH:

1. That the petitioner was married to the Respondent No. 2 on 13.03.2011 in

accordance with the Sikh Rites and ceremonies at Delhi and have been living
separately since 02.09.2016 and one girl child namely Ms. Parleen Kaur was
born form the said wedlock on 09/12/2011.

2. That due to certain temperamental differences both the parties could not live
together as husband and wife in spite of the best efforts made by the relatives,
common friends and respectable persons of the society, and they started living
separately from each other since 02/09/2016. The copy of the Aadhar Card
has been annexed herewith as Annexure A-1 (Colly) of both the parties.

3. That after their separation the parties filed various cases against each other
and the Respondent No. 2 had also got registered a criminal case against the
petitioners vide F.I.R no. 123/2017 U/S-498-A/406/34 IPC at P.S. Tilak
Nagar, New Delhi. The copy of FIR is annexed herewith as Annexure A-2.
That the matter was duly compromised between the parties in the Delhi
Mediation Centre Patiala House Court New Delhi.

4. That finally with the intervention of mediator, the petitioner and the
Respondent No. 2 entered into a settlement on 07.05.2018 and settled all their
claims/disputes. The copy of mediation Order is annexed herewith as
Annexure A-3. After discussions in cordial atmosphere during the mediation
proceedings the parties have settled all their above disputes for a total
 maintenance of Rs. 2,00,000/- to be paid by the petitioner no.1 to the
respondent no.2 on the terms and conditions mentioned as under:-

i. That the 1st installment of Rs. 75,000/- has been paid by the petitioner
No.1 at the time of recording the first motion.

ii. That the 2nd installment of Rs. 50,000/- has been paid by the petitioner
No.1 at the time of recording second motion.

iii. That the 3rd installment of Rs. 75,000/- shall be paid by the petitioner to
the respondent at the time of quashing of FIR bearing no. 123/17
registered at P.S. Tilak Nagar. That respondent no.2 shall cooperate
petitioners in quashing.

5. That the marriage between petitioner and respondent no.2 has been dissolved by
a decree of divorce by mutual consent by filing the petition under section 13-B (2)
before the Hon’ble court of Sh. Sanjay Garg-I, Principal Judge, Family Court,
Patiala House Courts, New Delhi vide Judgment/ Decree dated 23.12.2019 in
HMA NO. 1456/2019 and the Respondent No. 2 has since resolved all her
differences and is now left with no grievances against the petitioner. Copy of
Judgment/ decree and joint statement of Second motion is annexed herewith as
Annexure A-4.

6. That Respondent No.2 has no objection in case the said FIR No. 123/2017 under
Sections 498A/406, 34 of IPC, Police Station Delhi Cantt, New Delhi and the
pending criminal proceedings arising out of such FIR are quashed by this Hon’ble
Court and Respondent No.2 is also filing NOC/affidavit in respect of same. The
copy of the NOC/ Affidavit of Respondent no.2 is annexed herewith as Annexure
A-5.

7. That in the facts and circumstances as mentioned herein above, it is submitted that
no useful purpose would be served by continuing the criminal trial/proceedings in
question, especially when the matter has been amicably settled between the
 concerned parties in the Delhi Mediation Centre, Patiala House Court, New Delhi
that parties have gone through the terms recorded in the mediation and have
confirmed and verified the same to be correct and that they are going to sign it
without any threat, pressure, coercion or undue influence from any quarter. Both
sides undertakes to abide all the terms & conditions settle between them in the
mediation.

8. That the petitioner has not filed any other similar petition either before this Hon’ble
High Court of Delhi or the Hon’ble Supreme Court of India in respect of same
issues arising in the present petition.

9. That the annexure filed with the present petition are true copies of the originals.

10. That no prejudice shall be caused to any person if the present FIR and the
connected criminal proceedings are quashed by this Hon’ble Court at this stage.

11. That the continuation of the aforesaid case/criminal proceeding involving the
parties will cause unnecessary harassment, mental tension and agony to the
petitioner and respondent no.2 and shall affect their peaceful life, hence it is in the
interest of justice that the said FIR No.0233/2017 under Sections 498A/406, 34 of
IPC, Police Station Tilak Nagar, New Delhi and the pending criminal proceedings
arising out of such FIR are quashed by this Hon’ble Court.

PRAYER:
In view of the aforesaid facts and circumstances, it is, therefore, prayed
that this Hon’ble Court may be pleased to:

A. Quash the FIR No. 0233/2017 under Sections 498A/406, 34 of IPC, Police
Station Delhi Cantt, New Delhi and the criminal proceedings emanating
therefrom, in view of the settlement, in the interest of justice.
 B. Any other or further order which this Hon’ble Court may deem fit and
proper be passed on the present facts and circumstances of the present
petition, in the interest of justice.

PRAYED ACCORDINGLY

Dated: __.05.2022 PETITIONERS

New Delhi THROUGH

(ADVOCATE)
 NOTICE TO TENANT U/S 106 OF TRANSFER OF PROPERTY ACT

In the absence of a written lease contract, the lessee will be given 6 months’ notice
to terminate the lease, if the immovable property is used for agricultural or
manufacturing purposes on a yearly basis. In the case of other purposes on a
monthly basis, the lessee will be given 15 days’ notice to terminate the lease.

• The notice period will begin from the date when the lessee receives the
notice.
• Every notice must be in writing, signed by or on behalf of the person giving
it, or it must be personally given to such party or his family or servants at
his attached address.
• If the notice time has expired, a suit or procedure may be filed. The notice
will remain effective even after the expiry date has passed.

The purpose of Section 106 is to terminate the relationship of lessor and lessee
before the lessor sues for possession. He has no right of entry till the tenancy is
disrupted. Further, the idea is that every lessee must have some reasonable notice
before he is asked to vacate the premises.

SPEED POST

Dated……………………

To ………………

Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF

PROPERTY ACT, 1882 FOR EJECTMENT

Dear Sir,

Under the instructions from and on behalf of my client Sh.

……S/O……R/O …...... (hereinafter referred to as “my client”), I serve you with
the following notice:
 1. That the house bearing no……. situated at …... in……city is owned by my
client. That you approached my client and requested my client to give the
said property on lease to you.
2. That my client has inducted you as the tenant in respect of the said property.
That the agreed monthly rent for the said property is Rs … per month.
3. That my client is not interested in keeping you as a tenant and therefore, I
hereby call upon you to vacate the said property, of which you are now in
possession within 15 days of receipt of this notice.
4. On 15.12.2022, the tenancy shall terminate and all relationship of landlord
and tenant between my client and you shall absolutely cease.
5. You are requested to deliver vacant possession of the said premises to my
client within the aforesaid period.
6. In case of your failure to vacate the premises, you will be considered as a
trespasser and you will have to pay damages at rate of Rs .... per day until
you are evicted.

Yours faithfully

Advocate

NOTICE UNDER SECTION 80 CPC

Section 80 of the Code says that when someone wants to file a lawsuit against the
Government or a public officer for something they did in their official role, they
must first give written notice.

Section 80 specifies that you can’t start a lawsuit against the Government or a
public officer for their official actions until two months have passed after you’ve
delivered a written notice. The duration of two months provides time to the
official for responding to the notice served to it.

• If it’s a lawsuit against the Central Government (except for railway

matters), you should send the notice to the Secretary of that Government.
 • If it’s a lawsuit against the Central Government (Railways), you can send
the notice to the General Manager of that railway.
• If it’s a lawsuit against the Govt. of the State of Jammu and Kashmir, you
can send it to the Chief Secretary of that Govt. or an authorised officer.
• If it’s a lawsuit against any other state Government, you can send the notice
to the Secretary of that Government or the Collector of the district.
• If it’s a lawsuit against a public officer, you can send the notice to that
public officer.

Section 80(2) is in the nature of an exception to Section 80(1) and enables a

person to file a suit to obtain an urgent & immediate relief without serving any
notice, provided that he have to show the reasonable cause for such urgency.

If the court is satisfied with the grounds for urgent relief, it proceeds with the
case. However, if the court finds no sufficient reason for immediate relief, it
returns the lawsuit for presentation later, after complying with the requirements
of Section 80(1).

The basic requirements of the notice include:

• Clearly identifying the plaintiff’s name, description and residence to allow

for easy identification of the person sending the notice.
• Confirming that the notice was delivered or left at the office of the
appropriate authority specified in Section 80(1).
• Providing a clear indication of the cause of action and the relief sought by
the plaintiff.

The legislative intent behind this provision is to prevent unnecessary litigation

and the wastage of public funds.

SPEED POST

Dated……………………
To

Medical Superintendent

Indira Gandhi Hospital,

Government of Delhi

Sub: NOTICE UNDER SECTION 80 CPC

Dear Sir,

Under the instructions from and on behalf of my client Sh.

……S/O……R/O …...... (hereinafter referred to as “my client”), I serve you with
the following notice:

1. On or about Dec 2023 you were the Medical Superintendent of Indira

Gandhi Hospital and also the Head of the Deptt. of Surgery of the said
hospital.
2. My client was admitted to the said Indira Gandhi Hospital on for surgical
operation for removal of stones in the kidneys under your care and
supervision and 22 Dec 2023 was the date of operation of my client.
3. When my client was being operated, you were personally present in the
operation theatre and doing the operation with the assistance of junior
doctors.
4. After removing the stones, you, while undertaking stitching, had
negligently, carelessly and wilfully left a big piece of cotton inside the
body, due to which my client started to complain severe pain in the kidneys
for which you had prescribed some antibiotics on various visits.
5. When my client could not get treatment for his pain, he went to a private
Hospital and consulted Dr. Ram who opined that there is some element
around the kidney, for which my client was again operated on 01 Jan 2024
 in said private Hospital and a piece of cotton was removed from inside the
body and after the removal of the cotton, my client had got relief from pain.
6. My client had to undergo physical and mental suffering for the negligence,
carelessness and mistake committed by you and he had to spend lot of
money for treatment of pain, which was caused due to leaving the piece of
cotton inside the body by you, while undertaking operation for removal of
stones in the kidney.
7. My client therefore, demands from you Rs. ......... as damages for physical
and mental suffering, Rs. ......... as expenses incurred by him in the
operation and treatment. Rs. ......... as expenses incurred by him in
transport, hotel, etc. totalling Rs. ......... and I hereby give you notice that if
the said amount is not paid, my client will, on the expiry of two months
from the date of service of this notice, file a suit against you for the
recovery of Rs. ......... as damages and expenses incurred by him, at your
entire risk as to cost and consequences.

Yours faithfully

Advocate

NOTICE UNDER SECTION 434 OF THE COMPANIES ACT

1. On such date as may be notified by the Central Govt. in this behalf —

All matters, proceedings or cases pending before the Company Law Board,
immediately before such date shall stand transferred to the Tribunal and the
Tribunal shall dispose of such matters, proceedings or cases in accordance with
the provisions of Companies Act.

Any person aggrieved by any decision or order of the Company Law Board made
before such date may file an appeal to the High Court within sixty days from the
date of communication of the decision or order of the Company Law Board to
him on any question of law arising out of such order.
All proceedings under the Companies Act, 1956, including proceedings relating
to arbitration, compromise, arrangements and reconstruction and winding up of
companies, pending immediately before such date before any District Court or
High Court, shall stand transferred to the Tribunal and the Tribunal may proceed
to deal with such proceedings from the stage before their transfer.

2. The Central Govt. may make rules consistent with the provisions of this
Act to ensure timely transfer of all matters, proceedings or cases pending
before the Company Law Board or the courts, to the Tribunal.

REPLY TO NOTICE

SPEED POST

Dated……………………

To

Advocate ..............

Delhi High Court

New Delhi-110001

SUB: REPLY TO YOUR LEGAL NOTICE U/S 138 NEGOTIABLE

INSTRUMENT ACT, 1881

Dear Sir,

Your legal notice dated 09.06.2015 has been placed before me by my

client Sh. …… at Connaught Place, New Delhi -110001 and I, the undersigned,
have been instructed to reply to your said notice on behalf of my client as under:

A. That, the notice under reply which you have sent on behalf of your client,
contains false and frivolous facts provided by your client against my client,
thereby your notice under reply deserves to be withdrawn, with
unconditional apology by your client. Because the claim made by you is
 without any basis and is based upon concocted facts, as no claim is made
out against my client and in favour of your client.
B. That, in fact, my client did not place any order for supply of any machines
whatsoever, as alleged by you. But, with a view to dispose of your old stock
of outdated machines, you requested my client to place them at his shop
for sale. Keeping in view old relations, my client agreed to your client’s
proposal, which was subject to the condition that payment would be made
only after those machines were sold out. However, those machines were
not only outdated, but were also mechanically faulty, because of which till
date they are lying with my client, which your client is at liberty to take
back with two days prior notice. It is pertinent to mention herein that the
cheque in question was handed over by my client blank and the same was
to be used only upon instructions of my client, after he could sell out all
those machines.
C. That, however, your client has cheated my client by misusing that cheque
which is not in the handwriting of my client. As a matter of fact, your client
has committed fraud in the matter and, consequently, is liable to be
proceeded under the relevant provisions of law.
D. Therefore, it is denied that the cheque in question was issued by my client
to your client in discharge of any liability. Rather, your client has misused
that blank cheque with ulterior motives, and forged the same.

REPLY ON MERITS:

1. That the contents of para 1 of your legal notice are wrong and denied and
whatsoever is stated above is reiterated. It is denied that my client
purchased from you client any machines whatsoever. Rather, my client
helped your client to keep your machines in his godown/shop for disposal.
Therefore, it is denied that the cheque in question was issued in discharge
of any liability towards my client, as alleged in this para.
 2. That the contents of para 2 are denied for want of knowledge. However, it
is reiterated that my client never issued any cheque, in the manner as
alleged by you.
3. That, in reply to para 3 of your legal notice, what is stated above is
reiterated. It is submitted that your client was not entitled to use that cheque
for encashment and deposit the same in his bank.
4. That the contents of para no. 4 & 5 are denied for want of knowledge.
However, it is reiterated that the cheque was not issued in discharge of any
liability towards my client to your client, rather it was handed over by my
client blank and the same was to be used only upon instructions of my
client.
5. That the contents of para 6 need no comments. However, it is denied that
my client committed any offence whatsoever.

In view of aforesaid facts and circumstances, you are being advised to further
advice your client to withdraw the said notice under reply and further advise him
not to drag my client in any frivolous litigation, failing which my client shall be
constrained to contest the suit against your client under the relevant provisions of
law, at the costs, risks and consequences of your client only.

Yours Sincerely

Advocate

GENERAL POWER OF ATTORNEY

Power of Attorney refers to a document wherein one party allows another party
to act on their behalf as their representative or proxy. Power of attorney is usually
utilised when a person is not in a position to act on their own and entrusts someone
else to handle their affairs on their behalf.

There can be two kinds of power of attorney. One is a general power of attorney
where the person authorised can act on behalf of the person manifesting the power
in all legal matters. The second is a special power of attorney where the person
authorised can act on behalf of the person, emphasising only particular matters.

The General power of attorney is a written authorisation to an organisation or

person to act on their behalf in all legal matters.

The General POA is an effective tool to be used while the person is out of the
country, physically or mentally incapable of managing the affairs, or if the person
is a minor.

A general POA gives a person or organisation broad powers to act on your behalf,
which includes:

• Entering into contracts.

• Handling business transactions.
• Operating business interests.
• Employing professional help.
• Settling claims and making gifts.

It is essential for an Attorney to keep accurate records of all transactions done on

your behalf and to provide you with periodic updates to keep you informed.

GPA

BE IT KNOWN BY THESE PRESENTS THAT I, Rajni Sharma, W/O Sh. Vinod

Kumar Sharma, aged about 56 years, R/O Dabri, New Delhi- 110045 hereinafter
called the "First Party'.

Whereas I am personally unable to attend to the managerial and other affairs with
respect to my property Dabri, New Delhi- 110045 so do hereby appoint and
nominate Sh. Sanjay Bansal, S/O Late Sh. Krishan Bansal, aged about 44 years,
R/O Jeevan Park, New Delhi - 110059, hereinafter called the 'Second Party' as
true and lawful General Attorney, to do the following acts, deeds and things in
my name and on my behalf:
1. To rent the aforementioned property by lease and license agreement.
2. To purchase the stamp, make, sign, execute and admit the execution of
lease and license agreement and to appear before the sub registrar for the
registration of the lease and license agreement of the aforesaid property.
3. To demand, collect the rent due on the aforementioned property.
4. To manage and control my aforesaid property including collection of
monthly rents, from the licensees and issuance of proper stamped receipts
acknowledging the rent received.
5. To make applications, affidavits, documents etc., to the Govt. Departments
required for the managing of the aforesaid property and to do all other acts,
deeds and things in respect thereof.
6. To carry out necessary repairs, additions, etc., in the said property as and
when may be desired, and for this purpose obtain all the necessary
permissions and/or sanctions, necessary from any appropriate authority.
7. To deal with Govt. departments and other local bodies for the purpose of
any essential facilities or amenities required to be provided in the building.
He can sign all papers and documents etc. for this purpose.
8. To pay all the taxes, Municipal levies and other taxes, which may be
required to be paid.
9. To file any objections with Govt. departments or other local body of
Government for any purpose related with said property.
10. To furnish the details of Licensee to concerned Police Station, to get No
Objection from the local Police by appearing personally as and when
required or called by the Police of concerned jurisdiction.
11. To pay maintenance charges to society and attend society meetings
12. To engage any Advocate for the purpose to appear for and represent in all
the courts, civil, criminal or revenue including labour tribunals, original,
revisional or appellate, in any registration offices, and also to present
 appeals in any court, and also to accept services of all summons, notices
and other processes of law.
13. AND GENERALLY, TO DO ALL other acts, deeds and things, which my
said attorneys may deem fit and proper for the maintenance, upkeep of my
property.
14. This power of attorney is without any consideration

Provided that the said attorney shall not sell or transfer the ownership of the
property to any person. Provided further that the said attorney shall keep true
accounts of all activities performed by virtue of this power of attorney.

I do hereby ratify and confirm that all actions done by my said Attorney shall
be binding on me in all respects.

IN WITNESS WHEREOF, I hereby signed this GENERAL POWER OF

ATTORNEY in the presence of the following witnesses:

PLACE: NEW DELHI EXECUTANT

DATED:

WITNESSES:

1.

2.

WILL

A will is a document made by a testator (a person making a will) before his/her

death. The will expresses the wishes of a testator that how his property is to be
distributed after death.

The document becomes legally enforceable only if it is written and signed by the
testator and at least two witnesses who have seen the testator signing the will. It
comes into effect only after the death of the testator and has no significance during
his lifetime. Though it is not compulsory to register a will, the testator may choose
to register it with the Registrar or Sub-Registrar of the area under whose
jurisdiction he/she resides.

It is always advisable to register a will as registering gives it a legal backing in

case of any disputes which may arise in the future, such as disputes regarding the
validity of the will. The testator can also choose to keep the will in safe custody.

What should a Will cover?

• Declaration in the beginning stating that it is your Last Will and that you
are making it in your senses and free from any pressure,
• Name, address and age of the testator,
• Decision and details regarding the property and documents,
• Names of beneficiaries - in a clear and unambiguous way,
• Legal guardian for children if they are minors,
• Name of the executor,
• Any other wishes such as particulars regarding funeral, or wishes regarding
care of your pets if any,
• Signatures of the testator and witnesses.

WILL

I, Deepak Basant Lal Kapoor, S/o Late Shri Basant Lal Kapoor, R/o KG-
1/431, MIG, Pink Flats, Vikas Puri, New Delhi, West Delhi, Delhi-110018, aged
about 62 years, on this ____ day of August, 2023 at New Delhi, do hereby make
and execute my last will and testament.

I have already attained the age about 62 years. I am mentally alert. There is always
uncertainty of life and with a view to avoid any dispute / confusion with respect
to my properties (both movable and immovable) and further to make things
convenient for the beneficiary, I have decided to make this deed which shall be
considered as my last and final Will.

I have been married to Mrs. Arpana Kapoor. I am living with her and my sister
Smt. Neelam Kapoor in the above-mentioned property. My wife has taken care
of me and continues to do the same. I have two children out of this wedlock
namely, Mr. Arun and Ms. Kiran.

WHEREAS I am the absolute owner of the following assets at present:

i. Savings Bank Account in Bank of Baroda, Account Number

31950100000910 at Branch-Vikaspuri, New Delhi.
ii. Fixed deposits.
iii. Cash at hand.

BY THIS WILL I do hereby declare and bequeath all my rights, title and Interest
in all the aforementioned assets in favour of my wife namely, Mrs. Arpana Kapoor
(hereinafter referred to as 'beneficiary'), Resident of House NO. KG-1/431, MIG,
Pink Flats, Vikas Puri, New Delhi, West Delhi, Delhi-110018.

I do further bequeath the money lying in my fixed deposits, saving account in

favour of my wife Mrs. Arpana Kapoor. It is made clear that my wife shall have
all the powers to deal with the above-mentioned assets in whatever manner she
deems it fit and therefore, she shall have the right to use and dispose the above-
mentioned assets in whatever way she deems fit.

I do further declare that after the death of my wife i.e., Mrs. Arpana Kapoor , all
the rights , title, and interest in the aforementioned assets (the ones that remain at
the time of death of my wife) will be further devolve in favour of below
mentioned beneficiaries in equal proportion:

a) Mr. Arun (Son)

b) Ms. Kiran (Daughter)
I shall, however, continue to remain the exclusive owner of the said assets and
accounts during my lifetime.

That no one else except the beneficiary mentioned herein-above shall have any
right, title or interest of any kind whatsoever in the abovementioned assets, under
any circumstances.

That if anyone whomsoever raises any objection to this Will in the future, the
same may be treated as null and void.

I am fully competent to make this Will. I have made this Will voluntarily, without
any pressure or undue influence from anywhere.

I hereby appoint Mrs. Arpana Kapoor, my wife, to be the Executor of my present

Will.

IN THE WITNESS WHEREOF I have signed and executed this will in a sound,
perfect and deposing state of mind and without any pressure or influence from
anybody. My previous wills, including will dated 24th July 2020 stand revoked by
this will.

Sign

Signature of witnesses hereunder: Sh. Deepak Basant Lal

TESTATOR

1.

2.

AGREEMENT TO SELL

An agreement of sale constitutes the terms and conditions of sale of a property by

the seller to the buyer. These terms and conditions include the amount at which
it is to be sold and the future date of full payment.
Being an important document in the sale transaction, it enables the process of sale
to go through without any hurdles.

An agreement for sale is an agreement to sell a property in future. This agreement

specifies the terms and conditions, under which the property in question will be
transferred.

An agreement for sale contains a promise to transfer a property in question in

future, on satisfaction of certain terms and conditions. So, this agreement itself
does not create any rights or interest in the property, for the proposed buyer.
Basically, transfer of ownership will take place at a future date or subject to
fulfillment of certain conditions.

Section 54 of TPA, 1882 has defined an agreement to sell as ‘A contract for the
sale of immovable property stating that the sale of the concerned property will
take place as per the terms mutually agreed upon by both parties.

In case of failure of the seller to sell or hand over possession of the property to
the buyer, the buyer gets a right of specific performance, under the provisions of
the Specific Relief Act, 1963. A similar right is available to the seller under the
agreement, for seeking specific performance from the buyer.

Agreement to Sell

This Agreement is made at Delhi, on 03 March, 2023 BETWEEN:

Rajni Sharma, W/O Sh. Vinod Kumar Sharma, aged about 56 years, R/O RZ-C-
105, Dabri Extension, East, New Delhi - 110045, HERE IN AFTER CALLED
THE FIRST PARTY

AND

Sh. Sanjay Bansal, S/O Late Sh. Krishan Bansal, aged about 44 years, R/O B-44,
Jeevan Park, New Delhi - 110059. HERE IN AFTER CALLED THE SECOND
PARTY.
The expressions first party and second party both shall mean and includes their
respective legal heirs, successors, representatives, administrators, executors and
assignees.

AND WHEREAS the first party is the absolute owner of Shop bearing no.2,
RZH-70, Raghu Nagar, New Delhi - 110045, measuring 8x8 ft approx. (Here in
after referred to as "the said Shop").

AND WHEREAS the first party has agreed to sell and transfer the said property
admeasuring 8x8 Ft approx., situated at Shop No.2, RZH-70, Raghu Nagar, New
Delhi - 110045, to the second party who has agreed to purchase the same for a
total sum of Rs.6,00,000- (Rs. Six lakhs only).

NOW IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. That the consideration of Rs 50,000, is to be paid by the second party to

the first party, at the execution of this agreement as earnest money. That
the remaining amount of Rs. 5,50,000 will be paid at the time of signing of
the title deeds.
2. The first party agrees to handover actual, physical and vacant possession
of the said property to the second party at the time of sale deed.
3. That the first party hereby assures the second party that the said property
under sale is free from all kinds of encumbrances such as prior sale,
previous agreement, injunctions, disputes, litigations, attachment in the
court, notification, acquisition, Will, Trust, Lease, Loan, Surety, Security,
Lien family disputes, stay order, court case, court proceedings, claims,
prior agreement to sell etc. and there is no legal defect in the title of the
first party.
4. That all the dues and demands of house tax, electric & water bills, lift
maintenance charges, and other outstanding dues charges, in respect of the
 said property under sale shall be paid and borne by the first party till date
of delivering possession of the said property under sale.
5. That all the registration expenses of this transaction shall be paid and borne
by the second party.
6. That the first party had not entered into any sorts of agreement with
anybody for the sale or transfer of the said property except the second party.
7. The first party also undertakes that after entering into this agreement, he
shall not alienate/ transfer the property to the third party by means of sell/
gift/ exchange/ relinquishment/ tenancy/ lease/ license.
8. That the first party shall hand over all the title deeds and documents of the
said property to the second party at the time of executing registered deed.
9. That both the parties have signed on this agreement with their sound mind,
good health, without any force from any side.
10. This agreement shall be governed by the provisions of contract act and
other applicable law and any dispute arising out of this agreement shall be
subject to the jurisdiction of Delhi Courts only.
11. That the Seller shall be bound to execute registered Sale Deed as and when
requested by the Purchaser.
12. That if the Seller party infringes the terms and conditions of this agreement,
then the purchaser party shall be entitled to get implementation thereof
effected through court of law by specific performance of the Agreement, at
the cost and risks of the seller party or may rescind this Agreement. The
seller party shall be liable and responsible for making good of the losses or
fee during litigations which may be incurred or sustained by the purchaser
party as a result thereof.
13. That in case the first party backs out from this transaction then the first
party is liable to refund the amount to the second party and in case the
second party backs out from this transaction then the first party shall be
entitled to get the agreement executed in the Court of law.
IN WITNESS WHERE OF, both the parties have signed this Agreement, on the
day, month and year first above written in the presence of the following witnesses.

WITNESSES: FIRST PARTY

1.

2. SECOND PARTY

SALE DEED

A sale deed is a written formal document that allows the owner of a property to
transfer the whole of their rights in the property to another in exchange for a
consideration. It is executed by the seller and the buyer for the transfer of
ownership of the property.

It is an essential document as it is the proof of ownership of the property. The

sale/purchase of the property is not legally complete until the sale deed is signed
by the buyer and the seller and is registered.

As per the Indian Registration Act, 1908, an agreement for the transfer of an
interest in immovable property of value more than Rs.100, is required to be
registered. Thus, the sale deed of a property, such as a flat, building or land must
be registered for the sale to be legally valid. Once you register a sale deed, the
transaction of the transfer of a property is complete.

The sale deed must be registered in the local Sub-Registrar’s office. An

unregistered sale deed has no value in the eyes of law. The sale deed is made on
non-judicial stamp paper, that is purchased as per the value prescribed by the
stamp duty act of a state.

Elements of a Sale Deed

Name and address of the executing parties: The sale deed must specify the
name, age, address and contact number of the buyers and the sellers.
Description of the property: The complete address of the property and
description and type of property such as residential flat, Kothi, bungalow, shop,
office, etc., should be mentioned.

Sale consideration: The sale price agreed between buyer and seller, must be
mentioned in the sale deed. Also, if any advance has already been paid, it should
also be specified in the deed. + Mode of Payment.

Passing the title: The sale deed should specify the time when the title of the
property will get transferred to the buyer.

Indemnity: Make sure that the title of the property is free from any charge,
litigation or encumbrances, i.e. any other person does not have the right to the
property to be transferred to the buyer. In case such a situation arises, the seller
shall be made liable to indemnify the buyer against any loss.

Registration: A sale deed is not legally binding unless it is registered in the sub-
registrar office.

Sale Deed

THIS SALE DEED is made at …………on this …………day of……….

BETWEEN

Mr…… aged.... s/o……….r/o…. (hereinafter referred to as the VENDOR which

expression shall mean and include his heirs, executors, administrators and
assignees of the FIRST PART).

AND

Mr…… aged.... s/o……….r/o…. (hereinafter referred to as the

VENDEE/PURCHASER which expression shall mean and include his heirs,
executors, administrators and assignees of the SECOND PART).
WHEREAS the vendor purchased a freehold residential plot measuring 300 sq.
yds. and bearing No.170 in M Block of the residential colony known as Greater
Kailash Part-II, New Delhi vide sale deed dated 6.8.1985 registered in the office
of the Sub-Registrar, New Delhi as document No. 5560 Addl. Book No. I, Vol.
No. 5318 at pages 136 to 152 on 6.8.85.

AND WHEREAS the Vendor after purchasing the said plot, got the building plan
sanctioned from the Municipal Corporation of Delhi vide their letter/file No.
400/B/85 dated 13.12.1985. Then the Vendor caused construction thereon of
residential building.

AND WHEREAS the Vendor has agreed to sell and the Vendee has agreed to
purchase first floor for a total consideration of Rs. 92,00,000/- on the terms and
conditions set forth hereinafter.

NOW THIS SALE DEED WITNESSES AS FOLLOWS:

1. That in pursuance of this agreement, the Vendor has already received from
the Vendee a sum of Rs. 2,00,000 (Rupees two lacs only) as part sale
consideration, the receipt of which the Vendor hereby admit and
acknowledge.
2. The balance amount of Rs. 90,00,000/- has been paid by the Vendee to the
Vendor by cheque No. 010806 dated 29.9.86 drawn on Central Bank of
India, Kalkaji, New Delhi-110019.
3. That the Vendor hereby grant, convey and transfer all his rights, titles and
interests of First Floor, on the terms and conditions contained herein,
provided that common staircase, water tanks and other common facilities,
fittings etc. shall be used and enjoyed by the Vendee along with other
owners/occupants of the said building.
4. That the Vendor is free to sell the remaining portion(s) of the said
residential building to any other party/parties with common rights for use
 of common entrances, common passages, staircases, water tanks, common
facilities etc. and the Vendee will not make any objection thereto.
5. That the Vendor assures that the said residential portion is free from
attachment, tenancies gifts, decree, prior sale and religious and if the
Vendee suffers any loss due to any of the aforementioned reasons, then the
Vendor shall be liable to make good the loss suffered by the Vendee.
6. That the Vendee shall have no right to use or affix any display boards or
any sign boards at the external face of the said building.
7. That all expenses of registration, Corporation tax etc. have been borne and
paid by the Vendee.
8. That charges for maintenance/consumption for common amenities such as
lights in staircases etc. and booster and charges for major repairs etc. shall
be paid by the owners of all the portions proportionately.
9. That all taxes from the date of the Agreement to sell of the said portion
shall be borne and paid by the Vendee. If assessment of taxes in not made
separately for each portion, then all the owners of the said building shall
pay such charges proportionately directly to the authorities concerned and
the Vendor shall in no way be responsible for the same.
10. That the Vendee shall keep the said property in properly repaired and good
condition and shall not do anything or omit to do anything which may
endanger or affect the other portions of the said building.
11. That the Vendee shall neither use the said portion for any illegal, immoral
or commercial purpose nor use it so as to cause annoyance or nuisance to
the other owners/occupants of the said building. Common parts e.g.
staircase, passage, driveway etc. will in no case be used for keeping pets or
any other animal or storing cycles, scooter, motor-cycles etc.
12. The Vendee has also satisfied herself about the soundness of the title of the
Vendor and his power to sell the said portion in the manner stated herein.
 13. While the Vendee shall have the right to make at her own discretion any
internal alternations (except structural) in the said portion at her own cost.
14. That the Vendee shall not make any alterations involving structural changes
in the said portion/building. The Vendee shall have no right to use the
terrace at the top of the building.
15. That the Vendee and owners/occupants of the said building will have full
right for access to booster pump (tubewell), water meter, sewer tank,
overhead water tank etc. at all reasonable times.
16. That photostat copies of title deeds etc. have been handed over by the
Vendor to the Vendee and physical, vacant possession of the said
floor/portion has also been taken by the Vendee.
17. That this transaction has taken place at New Delhi. As such Delhi Court
shall have exclusive jurisdiction to entertain any dispute arising out of or
in any way touching or concerning this deed.

SCHEDULE OF PROPERTY

All that piece and parcel of the property bearing No.170 in M Block of the
residential colony known as Greater Kailash Part-II, New Delhi vide sale deed
dated 6.8.1985 registered in the office of the Sub-Registrar, New Delhi as
document No. 5560 Addl. Book No. I, Vol. No. 5318 at pages 136 to 152 on
6.8.85, and bounded as follows:

On the EAST ... ROAD

On the NORTH … PLOT NO. M-168

On the WEST… SERVICE LANE

On the SOUTH… PLOT NO. M-172

IN WITNESS WHEREOF, parties herein have signed this document on the date
and place first above written in the presence of following witnesses.
 VENDOR

WITNESSES: VENDEE

(1)

(2)

LEASE DEED

A lease can be defined where one party grants a right to use a property or land to
another party in return for consideration and for a specific period of time. Both
the parties enter into a lease agreement specifying the terms and conditions of the
agreement. The party who owns the leased premises or property is the lessor. The
party accepting the leased property is the lessee.

A lease deed is a written contract between the lessor and lessee, which contains
all the terms and conditions. A lease deed is usually required, when the property
is rented out for a long period of time.

A deed has to be registered, if the lease period is for more than 11 months. Lease
deed must be presented for registration within 4 months from the date it was
created.

Lease deed is the legal document that bind on the lessor and the lessee. The lease
deed sets forth the terms and conditions on the lease, which includes including
the rent to be paid, security deposit to be made, consideration, period of the lease,
responsibilities of the lessor and the lessee, due dates, consequences in case of
violation of the lease.

The lease deed guarantees the rights and obligations as between the lessor and
lessee. Either party can sue each other for non-performance of any terms and
conditions of the deed. The deed also specifies the notice period for vacating the
leased property.
 Lease Deed

THIS DEED OF LEASE entered into at Mumbai on this ____ day of March 2018
between MR. ABC residing at Mumbai, hereinafter referred to as ‘THE LESSOR’
which expression will mean and include his heirs, survivors and legal assignees
of the ONE PART;

AND

M/S. XYZ PVT. LTD. represented herein by its Director MR. ___________
having its address at Mumbai, hereinafter referred to as ‘THE LESSEES’ which
expression will mean and include the said Company, its Directors, Managers,
Subsidiaries and Permitted Assignees if any of the SECOND PART.

WHEREAS:

1. The Lessor is the exclusive owner of a plot of land, admeasuring _______

at Village _______, Survey No. _____________, Bhiwandi, Thane more
particularly described in the Schedule A. The Lessor has acquired this
premises vide a Deed of Conveyance dated 29thSeptember 2011 from MR.
_________________.
2. The Lessee is in business of Textiles and is already having manufacturing
facilities at Mumbai. In course of expansion of their existing business, the
Lessee have requested the Lessor to grant on lease basis a part of the land
for the purpose of setting up a textile manufacturing unit thereon which
will be used for their industrial and manufacturing purpose of carrying on
Textile Weaving, Dyeing, Bleaching, Printing and other related activities.
The area to be given on lease is more particularly described in the Schedule
and herein after referred to as ‘The Leased Land’.
3. The Lessor has agreed to grant lease of the Leased Land for a period of 10
years subject to terms and conditions hereinafter appearing.
 4. The Lessor has made out his title to the leased land free from all
encumbrances, claims or reasonable doubts.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. The Lessor agrees to give on lease and the Lessee agree to take on lease a
plot of land admeasuring __________ sq. metres. at Village Bhiwandi,
Thane more particularly described in the Schedule for a period of 10 years.
2. The Lessee shall pay a lease rent of Rs. 1,10,000/- per annum starting from
1st April 2018. Such annual lease rent shall be payable by the first month
of the year. The time shall be an essence of this contract. Upon failure of
the Lessee to make such payment by end of the first month, the Lessee shall
be liable to pay interest thereon at 2% per month, however, in no case such
payment shall be delayed by six months thereafter. Upon failure of the
Lessee to pay the amount even by the extended time limit, the Lessor shall
have right to terminate this agreement, apart from any other course of
action available to him.
3. The Lessees Hereby Agree To The Following Covenants:
• To develop the land and construct the power loom shed for the purpose of
power loom activity.
• To pay all taxes, cess, impositions, assessments, dues and duties payable in
respect of the leased land to the Government of Maharashtra or any other
local authority. If any of such liability is discharged by the Lessor, the same
shall be reimbursed to the Lessor by the Lessee immediately.
• Not to sell or dispose the said leased land or act in any manner which may
adversely affect right title and interest of the Lessor over the leased land.
• Not to sell, dispose of, unit to be set up by the Lessee on the leased land
which may adversely affect the rights, title and interest of the Lessor over
the lease land, without the prior consent of the Lessor in writing.
• To insure and to keep insured the constructed buildings /plant /machineries
/ equipment on the leased land against the loss or damages by fire,
earthquake, riot with a reputed insurance company approved in writing by
the Lessor in the joint names of Lessor and Lessee.
• To use the leased land for the said Industrial and commercial purposes i.e.
for manufacturing and processing of textiles only. Usage for any other
purpose would be only by prior written consent of the Lessor.
• To permit the Lessor or his duly authorized agent / agents to enter upon the
leased land and constructed buildings at reasonable hours to inspect the
same, provided the Lessor shall not thereby unreasonably interfere with the
Lessee’s business on the leased land and constructed buildings.
4. And It Is Hereby Agreed Between The Parties As Follows:
• The Lessee shall have the option to terminate the lease agreement by giving
six months prior notice in writing to the Lessor.
• On the expiry of the term hereby created, the Lessee will hand over
peaceful and vacant possession of the leased land in good condition. The
Lessor shall refund the security deposit, after adjusting the amount of any
liability / likely liability remaining unpaid/undischarged by the Lessee as
on that day.
• The Lessee shall settle and discharge all the Government Liabilities, if any,
at the point of termination of this Lease Deed, however, if any liability
remains undischarged then it shall be settled by the Lessor, which cost shall
be reimbursed by the Lessee to the Lessor. The constructed building shall
be taken over by the Lessor at the time of termination of this Lease Deed
at the depreciated book value.
• In the event mentioned hereinabove, the Lessor will have the first right
regarding purchasing from the Lessee the buildings / plant / machineries /
equipment thereon at a mutually agreeable price.
• The Lessor shall have a right to sell, assign or encumber the land during
the subsistence of the lease period; provided, however, such act shall not
affect the right of the Lessee under this agreement. In case of sale of the
leased land on the payment to the Lessor, a consideration to be mutually
agreed upon between the Lessor and Lessee and the Lessor shall execute a
conveyance in respect of the reversion of leased land purchased by the
Lessee in favour of the Lessee. However, the Lessor shall have full right
and authority to deal with the rest of the land in any manner.
• It is hereby agreed that if default is made by the Lessee in observance and
performance of any of the covenants and stipulations hereby, then on each
such default, the Lessor shall be entitled to terminate the lease and to take
possession of leased land and constructed building, provided that a notice
in writing shall be given by the Lessor to the Lessee of his intention to
terminate the lease and to take possession. And in such an event, the entire
security deposit shall stand forfeited.
5. This Lease Deed shall be executed in duplicate. The original shall be
retained by the Lessor and the duplicate by the Lessee.
6. The Lessee shall bear the stamp duty, registration charges and other
expenses in respect of this Lease Deed. The Lessor shall bear and pay all
other costs incurred by him including his Advocate’s fees.
7. This Agreement shall be governed by and will be construed in accordance
with the laws of the State of Maharashtra. If any part of this Agreement is
not enforceable, the remaining provisions will remain valid and
enforceable.
8. If the Lessor or the Lessee disagree as to any matter governed by this
Agreement, the parties shall promptly consult with one another in an effort
to resolve the disagreement. If such effort is unsuccessful, any controversy
or claim arising out of or relating to this Agreement, or the breach thereof,
 shall be settled by arbitration in accordance with the Arbitration and
Conciliation Act, 1996.

SCHEDULE OF THE DEMISED PROPERTY

Land Admeasuring ______ sq. metres. craved out of the total Land owned by the
Lessor.

Term of Lease – 10 years.

Lease Rent – Rs. 1,10,000/- per annum.

IN WITNESS WHEREOF, the lessor and the lessees have put their respective
signatures on the day and year first hereinabove written.

LESSOR

WITNESSES: LESSEES

(1)

(2)

PARTNERSHIP DEED

Partnership deed is a written legal document that contains an agreement made

between two individuals who have the intention of doing business with each other
and share profits and losses. It is also called a partnership agreement.

The purpose of a partnership deed is to provide clear understanding of the roles

of each partner, which ensures smooth running of the operations of the firm.

All the rights and responsibilities of each member are recorded in a document
known as a Partnership Deed. This deed can be oral or written. A few essential
characteristics of a partnership deed are:

• The name of the firm.

• Name and addresses of the partners.
 • Nature of the business.
• The term or duration of the partnership.
• The amount of capital to be contributed by each partner.
• The drawings that can be made by each partner.
• Rights of partners.
• Duties of partners.
• Remuneration to partners.
• The method used for calculating goodwill.
• Profit and loss sharing ratio

Importance of partnership deed

• It controls and monitors the rights, responsibilities and liabilities of all the
partners
• Avoids dispute between the partners.
• Avoids confusion on profit and loss distribution ratio among the partners.
• Individual partner’s responsibilities are mentioned clearly.
• Partnership deed also defines a remuneration or salary of the partners and
working partners. However, interest is paid to each partner who has
invested capital in the business.

All the existing partnership firms are registered under the law governing
partnerships in India that comes under Indian Partnership Act, 1932.

After registering as a partnership firm, all the partners are required to sign and
date the partnership deed. This signed document needs to be witnessed by an
individual above 18 years of age who shall not be among the partners or members.
A copy of partnership deed should be kept with each and every partner of the
firm.

Partnership Deed
THIS DEED OF PARTNERSHIP is executed at New Delhi on this 20th day of
January,2004

BETWEEN

Sh. X S/o __ R/o ___ , hereinafter called the “FIRST PARTY” which expression
shall mean and include his heirs, successors, executors and legal representatives.

AND

Sh. Y S/o __ R/o __ , hereinafter called the “SECOND PARTY” which expression
shall mean and include his heirs, successors, executors and legal representatives.

WHEREAS the First Party is in occupation of property measuring 1000 sq. ft. on
the ground floor bearing No. E-1 Ram Nagar, Delhi, as a tenant.

AND WHEREAS the First Party is desirous of carrying on the business of interior
decoration and the Second Party, being experienced in this trade, has approached
the First Party to run this business with him jointly in partnership.

AND WHEREAS the parties have agreed to commence and run the business of
interior decoration, furnishing, manufacture and sale of furniture in partnership.

NOW, THEREFORE, THIS DEED WITNESSES AS UNDER:

1. The name and style of this partnership business shall be M/s XYZ.
2. The business of this partnership shall be considered to have commenced
on 20th day of January, 2004.
3. That the principal place of business of this partnership shall be at . E-1 Ram
Nagar, Delhi. However, the same may be shifted or carried on elsewhere
as well with the mutual consent of both the parties from time to time.
4. That the business of the partnership shall be interior decoration, furnishing,
furnishing, manufacture and sale of furniture. However, the parties will
also be entitled to extend their activities into business or manufacturing of
any other item as well.
5. The shares of the parties in the profits and losses shall be as follows :
• First Party – 51%
• Second Party – 49%
6. The initial capital has been contributed by both the parties by investing a
sum of Rs. 15,000/- each. If and when more funds are required for the
business, the partners shall invest the same. In case loans or deposits are
raised from outside i.e. friends and relations of the partner or the financial
institutions then only those loans or deposits, which are taken with the
written consent of both the partners and are entered in the books of
accounts of the partnership, shall be binding on the firm.
7. Each of the partners shall be entitled to withdraw a sum of Rs. 2000/- every
month which shall be adjustable in the final profit and loss account to be
prepared every year.
8. The First Party shall also be entitled to withdraw a sum of Rs. 5000/- per
month towards the rent he is paying to the Landlord in respect of the
portion of property No.E-1 Ram Nagar, Delhi
9. The tenancy rights in respect of property No. . E-1 Ram Nagar, Delhi shall
always vest in the First Party and whenever the partnership is dissolved for
any reason whatsoever, the Second Party shall not be entitled to any right,
title or interest in the same.
10. That the partnership shall maintain proper books of accounts in the normal
course of business at the principal place of its business and the same shall
always be open for inspection to the partners.
11. That the first accounting period of the partnership shall close on 31st
March, 2005 and thereafter the financial year, shall run from 1st April every
year to 31st March of the subsequent of the English calendar.
12. That the bank accounts of the partnership and / or its branches shall be
operated under the signatures of any of the partners.
 13. That at the close of the accounting period / year, a trial balance, profit and
loss account and balance-sheet etc. shall be prepared.
14. That either of the parties would not be entitled to carry on similar or
competitive trade individually or in partnership and in any other manner.
15. The partnership shall be at Will. However, whenever any party intends to
dissolve the same or retire from the same, he shall give an advance notice
of 15 days to the other party and during the period of notice, profit and loss
account, balance sheets shall be completed to finalize the accounts in
between as parties as well as with the outsiders.
16. That in the event of any dispute arising between the partnership with
respect to any clause of this document or the working of the partnership or
for anything indicated thereof, the same shall be decided by arbitration in
accordance with the provisions of the Arbitration Act and by no other
process.
17. That in all other matters not provided herein, the partnership shall be
governed by the Indian Partnership Act as applicable from time to time.

IN WITNESS WHEREOF the parties have signed this document on the date first
above written in presence of the following witnesses.

FIRST PARTY

WITNESSES: SECOND PARTY

(1)

(2)

MORTGAGE DEED

A Mortgage can be defined as the transfer of interests in a specific property to

secure the loan advanced or to be advanced in the future.
When any person takes a loan from anyone, some security is required to be kept
with the lender to have the assurance that in case of default in the repayment of
the loan, the lender can recover his money from that security.

The person who mortgages his property against the loan is called “Mortgagor.”
Whereas the person to whom the property is mortgaged is called Mortgagee”.

The terms and conditions related to mortgages are contained in the “Mortgage
Deed”. The mortgage deed acts as evidence that the property is transferred to the
lender.

The mortgage deed is an instrument or a legal document containing terms and

conditions relating to the Mortgage. The mortgage deed grants the lender the legal
authority to sell the property in the event of default on the debt.

It comprises of:

• Personal details of the parties (full name, residential addresses and age)
• Details regarding the property mortgaged,
• Details regarding the extent of interest of the mortgagor and the mortgagee
over the mortgaged property,
• Modes and conditions for repayment of the loan amount,
• Duties and responsibilities of the parties,
• Mortgage clause - stating the type of Mortgage the parties have agreed to.
• Clause stating whether the mortgagor has the right to exercise possession
over the mortgaged property or not,
• Clause specifying the treatment of mortgaged property in the scenario
where the mortgagor is declared insolvent,
• Tenure of the mortgage deed as to when the mortgagor is entitled to get
his/her property back.

Mortgage Deed
THIS DEED OF MORTGAGE is executed at Delhi on this 31st day of Jan 2017

BY

Mr. A son of Sh. ____ resident of ___ hereinafter called the MORTGAGOR,
which expression shall mean and include his heirs, legal representatives,
executors, administrators and assigns of the FIRST PART;

IN FAVOUR OF

M/s ABC Ltd., A company incorporated under the Companies Act having its
registered office at hereinafter called the MORTGAGEE, which expression shall
mean and include its successors of the SECOND PART.

WHEREAS the Mortgagor has vide perpetual Lease-deed dated 5.1.1988 has
taken a vacant residential plot bearing No. A-25 situated at Ashok vihar , Delhi

AND WHEREAS per the terms of the said perpetual Lease-deed, the Mortgagor
is required to construct a residential building on the aforesaid vacant plot of land;

AND WHEREAS the Mortgagor is not possessed with the financial means to
undertake the construction of the residential building on the aforesaid plot of land;

AND WHEREAS the Mortgagee, with whom the Mortgagor is presently

employed, has agreed to advance a loan of Rs.2,00,000/- to the Mortgagor, and
which shall be utilized by the Mortgagor towards the construction of a residential
house on the above vacant plot of land.

AND WHEREAS in consideration of the aforesaid amount of Rs. 2,00,000/-

borrowed by the Mortgagor from the Mortgagee, the Mortgagor has agreed to
execute this Mortgaged deed of the vacant plot of land in favour of the Mortgagee.

NOW THIS DEED, THEREFORE WITNESSES AS UNDER:

 1. The Mortgagor admits and acknowledges that he owes a sum of
Rs.2,00,000/- to the Mortgagee on the basis of promissory note and receipt
dated 1.6.1990 executed by him in favour of the Mortgagee.
2. The Mortgagor shall be liable to pay interest on the above stated principal
sum of Rs. 2,00,000/- @Rs. 12/- per cent per annum form the date of the
loan until payment.
3. The Mortgagor will pay to the Mortgagee the said sum of Rs. 2,00,000/- in
equal monthly installment of Rs.20,000/- per month on or before the 31st
December, 2000 and in the meantime interest at the rate of 12% percent
per annum by half yearly payments on the 30th day of June and the 31st
day of December in each year.
4. That any interest not paid on the due dates shall be treated as principal and
added to the principal sum hereby secured and bear interest at the rate and
payable on the half yearly days aforesaid.
5. In consideration of the aforesaid, the Mortgagor hereby transfer by way of
simple mortgage to the Mortgagee, a vacant residential plot bearing
Municipal No. A-25, Ashok Vihar, Delhi.
6. By this deed, the Mortgagor also mortgages to the Mortgagee any building
and all other permanent structures that shall be built on the aforesaid vacant
plot by the Mortgagor.
7. The Mortgagor hereby covenants with the Mortgagee as follows :
i. That the said premises are free from all encumbrances and the Mortgagor
undertakes that until the entire principal amount and interest, if any due, is
not paid back to the Mortgagee, the Mortgagor shall not create any fresh
mortgage, charge, pledge, or in any other manner, alienate the corpus or his
interest in the aforesaid property to any third person.
ii. If the Mortgagor fails to pay the sum with interest after it has become
payable under the provisions of this deed, the Mortgagee shall, in addition
to any other remedy available to him under the law, have the power to sell
 without the intervention of a Court the mortgaged property or any part
thereof for the realization of the money due to it hereunder .
iii. During the continuance of the Mortgage, the Mortgagor shall keep any
building or permanent structure erected on the aforesaid plot of land
insured against damage by fire in the name of the Mortgagor with an
Insurance Company and shall punctually pay all premium on such
insurance and shall produce to the Mortgagee on demand, the policy of
such insurance and the receipt for the premium so paid.

Provided always, that if the Mortgagor shall make default in any of the above
matters, the Mortgagee may, in its discretion, insure and keep insured all or any
of the said building and permanent structures to the amount aforesaid and that the
expenses of doing shall be repaid to it by the Mortgagor on demand, and until so
paid shall be added to the principal money hereby secured and bear interest
accordingly and be secured in the like manner as the said principal.

IN WITNESSES WHEREOF the Mortgagor has executed this document on the

day and date, first above written.

MORTGAGOR

WITNESSES MORTGAGEE

1.

2.

GIFT DEED

Section 122 of the TPA defines a gift as a voluntary transfer of property made
without consideration, by one person (the donor) to another person (the donee),
who accepts the gift.

For a gift to be valid, certain conditions should be met:

 • The transfer must be made voluntarily and without any consideration.
• The donor must be competent to transfer the gift, which means that the
donor must be of sound mind, and must be of the age of majority.
• The gift must be accepted by the donee.
• The gift must be accepted by the donee during the lifetime of the donor.

The gift of immovable property will be effective when the gift deed is registered
with the appropriate Registrar or Sub-Registrar. Registration of the gift deed is
mandatory when the donor wishes to gift immovable property to the donee.

The gift of movable property is effective when the gift deed is registered or by
delivery of the property. When the gift deed is registered, the transfer of the
property from the donor to the donee takes place immediately, and the parties
need not go to court for its execution.

The properties can be gifted as follows:-

• A movable or immovable property

• A tangible property
• A transferable property
• An existing property

GIFT DEED
This Gift Deed is made and executed at New Delhi on ___________
BY
Rajni Sharma, W/O Sh. Vinod Kumar Sharma, aged about ___ years, R/O RZ-
C-105, New Delhi- 110045 (hereinafter called the “DONOR” of the one part).

IN FAVOUR OF

Sanjay Bansal, S/O Late Krishan Bansal, aged about ___ years, r/o RZH-70,
Raghu Nagar, New Delhi - 45 (hereinafter called the “DONEE” of the other part).
The expression of Donor & Donee both shall mean & include their respective
legal heirs, representatives, successors, administrators, executors and assigns.

Whereas the DONOR and DONEE are joint co-owners and in possession of
PROPERTY BEARING NO. RZH-70, Raghu Nagar, New Delhi – 110045,
AREA MEASURING ____ Sq. Mtr. (approx.), with the free hold rights land
under the said property, having purchased the same vide registered Sale deed
dated __________ registered as Document Regd. No. ________, in Addl. Book
No.1, Volume No. _______, on pages _____ to _____ on date ___________ in
the office of Sub-Registrar-____, New Delhi.

AND WHEREAS now the DONOR is desirous of gifting her share i.e., 50% of
PROPERTY BEARING NO. RZH-70, Raghu Nagar, New Delhi – 110045,
AREA MEASURING ____ Sq. Mtr. (approx.), to the DONEE, who is her
brother and for whom the DONOR has great love and affection and the DONEE
holds her in great esteem and regard.

However, the property was purchased with the help of a housing loan, which has
also been got transferred in the name of the DONEE who shall solely be liable/
responsible to make the payment of the loan amount.

That due to natural love and affection to the DONEE, the DONOR has agreed to
transfer all her rights, titles and interest in the above said portion of property as
aforesaid with all fittings, fixtures connections and structure standing thereon by
way of GIFT onto the DONEE, and DONEE has agreed to accept the GIFT of the
said portion of property. It is, therefore, considered, expedient to record the Gift
in writing and therefore: -

NOW THIS GIFT DEED WITNESSETH AS UNDER: -

1. That the DONOR on her own free will and without any pressure and undue
influence from any side and in full possession of her senses, hereby
conveys, transfers and assigns the portion of aforesaid property by way of
 this Gift, with all fittings and fixtures unto the DONEE absolutely and
forever.
2. That the DONEE has accepted the said Gift.
3. That the actual, vacant physical possession of the aforesaid portion of
property under Gift mentioned above has been handed over by the DONOR
to the DONEE at the time of execution of this Gift Deed, on the spot.
4. That the DONOR assures to the DONEE that the said portion of property
is free from all sorts of encumbrances such as prior sale, mortgage, Gift,
exchange, lease, suits, injunctions, cases, decree, disputes, litigation,
attachments, notification, acquisition, surety, security, liens etc.
whatsoever.
5. That the DONOR has gifted, transferred, conveyed, assigned, handed over
all rights, title, powers, interests, authorities of ownership of the said
portion of property unto the DONEE, by way of the Gift Deed.
6. That all the expenses of this Gift Deed shall be borne by the DONEE such
as stamp paper, execution and registration charges etc. whatsoever.
7. That the proprietary and symbolic possession of the said portion of
property has been delivered by the DONOR to the DONEE.
8. That now the DONOR has been left with no rights, title, interest, claim or
concern of any nature whatsoever with the said portion of property and the
DONEE has become the absolute owner of the said portion of property.
9. That the DONEE shall also be fully entitled, empowered, authorized to get
the said portion of property as mutated and transferred in his name, in all
the concerned Government Revenue Records on the basis of this Gift Deed
even in the absence of the DONOR also.
10. That any dues or demands if any, payable in respect of the said portion of
property shall be paid by the DONOR upto date and thereafter, the DONEE
will be responsible for the payment of the same.
 11. That the DONEE shall have as a matter of right, rights to use all amenities
as are available in the said portion of property and make any additional
alterations or reconstruction etc. on the above said property.
12. That the present gift deed is irrevocable and neither the DONOR OR
DONEE, nor any person claiming under them shall be entitled to challenge
the same.
13. That the value of said portion of property to be gifted for the purposes of
chargeability of stamp duty is assessed at Rs.__________/- as per rules
thereto vide report of the valuation by Er. __________, Registration
No.CAT-1-288/95, E-1138, B.E. (Civil), Engineer, Govt. Approved Valuer
and Structural, Designers, Approved Architects, Surveyor and Loss
assessors, at ___________________________.

IN WITNESS WHEREOF, the DONOR & DONEE has signed this GIFT DEED
at NEW DELHI on the day, month and year first above written, in the presence
of the following witnesses:

Signature of DONOR

WITNESSES: - Signature of DONEE

1.

2.

RELINQUISHMENT DEED

Relinquishment deed is a legal document/instrument where a legal heir gives up

or releases his legal rights in an inherited parental property for another legal heir
such as his mother, son, daughter, brother, sister, etc.

The term relinquishment refers to the abandoning and surrender of the rights, title,
and interest, by one co-owner of property for the other co-owners.
The relinquishment of property can only be done by someone who has a share in
the property. In case there is more than one owner in a property, either of the co-
owners can do relinquishment. For a valid relinquishment, the essentials of a valid
contract are to be followed other than the compensation.

Relinquishment of property cannot be done in the name of any third person other
than the already existing co-owner. Hence, for a valid relinquishment, the person
getting the relinquished property must be a legal heir.

As a relinquishment deed is a legal document by which a person formally gives

up his claim to another person, the said deed must be systematically executed and
registered as per Section 17 of the Registration Act, 1908.

The main objectives of a relinquishment deed are to transfer the ownership of a

property from one party to another in a legal and transparent manner.

The deed helps to avoid disputes over the ownership of the property and ensures
that the transfer is done with the consent of all parties involved. It also helps to
establish the clear title of the property and can be used as evidence in case of any
legal disputes.

Relinquishment Deed

THIS DEED OF RELINQUISHMENT is executed at Delhi on this 3rd day of

July, 1990 BY

1. Smt. Avadh, wife of Sh. _____, daughter of late Sh. X, Resident of______
2. Smt. Bala, wife of Sh. _____, daughter of late Sh. X, Resident of______
3. Smt. Chand, wife of Sh. _____, daughter of late Sh. X, Resident of______.
4. Sh. Janak Lal, son of late Sh. X, Resident of______

Hereinafter called the RELEASORS which expression shall, unless repugnant to

the context or meaning hereof, mean and include their heirs, successors, legal
representatives and executors, of the FIRST PART.
 IN FAVOUR OF

Smt. Ragini, wife of late Sh. X, resident of Delhi, hereinafter called the
RELEASEE which expression shall, mean and include her heirs, successors, legal
representatives and executors, of the SECOND PART.

WHEREAS late Sh. X was the sole and absolute owner of property bearing No.
_____, Delhi consisting of double Storey house built over an area of 200 sq. yds;

AND WHEREAS the said Sh. X expired on 25th April, 1990;

AND WHEREAS Releasors No. 1 to 3 are the daughters of late Sh. X, Releasor
No. 4 is the son and the Releasee is the wife of late Sh. X. and each has got 1/5th
share in the above-mentioned house according to the law of inheritance.

AND WHEREAS besides the Releasors and the Releasee, there is no other legal
heir of the deceased or anybody else is entitled to or claims any right, title or
interest in the above-mentioned property.

AND WHEREAS the Releasors are desirous of giving up their 4/5th share in the
above-mentioned property in favour of the Releasee on account of natural love
and affection without receipt of any consideration amount from her.

NOW THIS DEED OR RELINQUISHMENT WITNESSES AS UNDER:

1. That the Releasors voluntarily, without any outside pressure from any side
and in their full senses give-up and release all their right, title and interest
in property No. _____, Delhi along with the land beneath the same
measuring 200 sq. yds in favour of the Releasee without taking or receiving
any consideration from them to the extent of their 4/5th share and now the
Releasee is the absolute and the sole owner of the above-mentioned
property. (4/5th share of the Releasors and 1/5th share of the Releasee
herself).
 2. That the Releasors, their heirs, successors and assigns have been left with
no claim, title or interest in the property hereby relinquished and the
Releasee is the sole and absolute owner thereof.
3. That the possession of the above-mentioned property is exclusively with
the Releasee and the Releasee is entitled to continue the same.
4. That the Releasee is fully entitled to get the above-mentioned property
mutated and transferred in her name on the basis of this deed of
Relinquishment.
5. That the original sale-deed and other relevant papers regarding the above-
mentioned property are with the Releasee.

IN WITNESS WHEREOF the Releasors ad the Releasee have set their respective
hands to this deed of Relinquishment at Delhi on the date mentioned above.

Witnesses RELEASORS

1. RELEASEE
2.
 FORMS

PETITION FOR GRANT OF PROBATE

IN THE HIGH COURT OF DELHI AT NEW DELHI

(TESTAMENTARY & INTESTATE JURISDICTION)

PROBATE CASE NO. ..................OF 2017

IN THE MATTER OF:

THE ESTATE OF LATE SH. ......... (DECEASED)

IN THE MATTER OF:

X ____ …... APPLICANT/PETITIONER

VERSUS

1. State of NCT of Delhi

2. Y ...RESPONDENTS

PETITION FOR GRANT OF PROBATE

To

The Hon’ble Mr Justice.................., Chief Justice And his Companion Justices of

this Hon’ble Court

Most Respectfully Showeth:

1. That the present petition is filed by the petitioner for the grant of probate
in respect of the estate of deceased Late Sh...........S/O....... At the time of
his death on ......... the deceased was residing...............
2. That during his lifetime before his death the deceased had bequeathed his
estate in the manner specified in his last and final testament/will dated......,
 which was made by him in the sound state of mind. The Original Will is
annexed as Annexure A.
3. That the said will was duly made by the deceased in presence of the
witnesses whose names, addressed and signatures appear at the end of the
Will.
4. That by virtue of the said will, the deceased has bequeathed......(mention
how the deceased has bequeathed his estate, name, relation and the
individual share of the person and also mention whether he has excluded
any of his legal heirs from the will.).
5. That a description of the relatives of the deceased, and their respective
residences are given below:
• Son (Petitioner)
• Brother, Sri.............resident of..................
• Widow, Smt............resident of.............
• Mother, Smt.............resident of.............
• Daughter, Smt..........resident of..............

(All the relatives will be made as Respondents).

6. That the amount of the assets of the deceased which are likely to come to
the hands of the petitioner, are detailed in Schedule-A, which is annexed
with the present petition.
7. The petitioner has set forth all the assets and liabilities with complete
particulars of the estate of the deceased as the petitioner could ascertain as
of now with the best of his efforts.
8. That so far as your petitioner has been able to ascertain and is aware there
are no properties and effects other than those specified in the affidavit of
assets.
9. That the petitioner undertakes in case of any other properties and effects
coming to his hands - to pay Court-fees payable in respect thereof.
 10. That there is no legal impediment to the grant of probate in favour of the
petitioner.
11. That the petitioner undertakes to execute the Will of the testator as per his
wishes and undertake to take all steps as per his wishes and desires and
directions of the deceased as contained in the Will annexed.
12. That the petitioner is claiming the probate of the Will and has filed this
petition being the named executor in the Will.
13. That to the best of the belief of the petitioner, no petition has been made to
any other court for the purpose of the said Will.
14. That the deceased died and had a fixed abode within the territorial
jurisdiction of this Hon’ble Court.
15. The immovable property is also situated within the jurisdiction of this
Hon’ble Court and therefore this Hon’ble Court has the jurisdiction to
entertain, try and decide this petition.

PRAYER:

It is therefore, most humbly prayed that:

a. The probate of the Will be granted to the petitioner.

b. Any other or further relief which this Hon’ble Court may deem fit just proper
and necessary may also be granted in favour of the petitioner.

Place: PETITIONER

Date: THROUGH

ADVOCATE

VERIFICATION:

I, ............., S/o............, R/o............, the petitioner in the above petition, declare

that what is stated herein is true to the best of my information and belief. Last
para is the prayer to this Hon’ble Court.
Verified at New Delhi on this ........ day of........

PETITIONER

VERIFICATION:

I, ............S/o........., R/o........., one of the witness to the last WILL and Testament
of the Testator mentioned in the above petition, declare that I was present and saw
the said Testator affix his signature on the WILL annexed to the above petition
and acknowledge the writing annexed to the above petition to be his Last WILL
and Testament in my presence.

WITNESS NO. 1

VERIFICATION:

I, ........ W/o........., R/o..........., one of the witness to the last WILL and Testament
of the Testator mentioned in the above petition, declare that I was present and saw
the said Testator affix his signature on the WILL annexed to the above petition
and acknowledge the writing annexed to the above petition to be his Last WILL
and Testament in my presence.

WITNESS NO. 2

PETITION FOR GRANT OF LETTERS OF ADMINISTRATION

IN THE COURT OF DISTRICT JUDGE, DELHI

CASE NO. ..................UNDER ACT XXXIX OF 1925

IN THE MATTER OF A PETITION FOR LETTERS OF ADMINISTRATION

OF THE ESTATE OF LATE SH. ......... (DECEASED)

IN THE MATTER OF:

X ____ …... APPLICANT/PETITIONER

VERSUS
1. State of NCT of Delhi

2. Y ...RESPONDENTS

PETITION FOR GRANT OF LETTERS OF ADMINISTRATION

Most Respectfully Showeth:

1. That the present petition is filed by the petitioner for the grant of letters of
administration in respect of the estate of deceased Late Sh...........S/O.......
At the time of his death on ......... the deceased was residing...............
2. That during his lifetime before his death the deceased had bequeathed his
estate in the manner specified in his last and final testament/will dated......,
which was made by him in the sound state of mind. The Original Will is
annexed as Annexure A.
3. That the said will was duly made by the deceased in presence of the
witnesses whose names, addressed and signatures appear at the end of the
Will.
4. That by virtue of the said will, the deceased has bequeathed......(mention
how the deceased has bequeathed his estate, name, relation and the
individual share of the person and also mention whether he has excluded
any of his legal heirs from the will.).
5. That a description of the relatives of the deceased, and their respective
residences are given below:
• Son (Petitioner)
• Brother, Sri.............resident of..................
• Widow, Smt............resident of.............
• Mother, Smt.............resident of.............
• Daughter, Smt..........resident of..............

(All the relatives will be made as Respondents).

 1. That the amount of the assets of the deceased which are likely to come to
the hands of the petitioner, are detailed in Schedule-A, which is annexed
with the present petition.
2. The petitioner has set forth all the assets and liabilities with complete
particulars of the estate of the deceased as the petitioner could ascertain as
of now with the best of his efforts.
3. That so far as your petitioner has been able to ascertain and is aware there
are no properties and effects other than those specified in the affidavit of
assets.
4. That the petitioner undertakes in case of any other properties and effects
coming to his hands - to pay Court-fees payable in respect thereof.
5. That there is no legal impediment to the grant of letters of administration
in favour of the petitioner.
6. That the petitioner undertakes to execute the Will of the testator as per his
wishes and undertake to take all steps as per his wishes and desires and
directions of the deceased as contained in the Will annexed.
7. That the petitioner is claiming the letters of administration of the Will and
has filed this petition being the named executor in the Will.
8. That to the best of the belief of the petitioner, no petition has been made to
any other court for the purpose of the said Will.
9. That the deceased died and had a fixed abode within the territorial
jurisdiction of this Hon’ble Court.
10. The immovable property is also situated within the jurisdiction of this
Hon’ble Court and therefore this Hon’ble Court has the jurisdiction to
entertain, try and decide this petition.

PRAYER:

It is therefore, most humbly prayed that:

a. The letters of administration of the Will be granted to the petitioner.

b. Any other or further relief which this Hon’ble Court may deem fit just proper
and necessary may also be granted in favour of the petitioner.

Place: PETITIONER

Date: THROUGH

ADVOCATE

VERIFICATION:

I, ............., S/o............, R/o............, the petitioner in the above petition, declare

that what is stated herein is true to the best of my information and belief. Last
para is the prayer to this Hon’ble Court.

Verified at New Delhi on this ........ day of........

PETITIONER

VERIFICATION:

I, ............S/o........., R/o........., one of the witness to the last WILL and Testament
of the Testator mentioned in the above petition, declare that I was present and saw
the said Testator affix his signature on the WILL annexed to the above petition
and acknowledge the writing annexed to the above petition to be his Last WILL
and Testament in my presence.

WITNESS NO. 1

VERIFICATION:

I, ........ W/o........., R/o..........., one of the witness to the last WILL and Testament
of the Testator mentioned in the above petition, declare that I was present and saw
the said Testator affix his signature on the WILL annexed to the above petition
and acknowledge the writing annexed to the above petition to be his Last WILL
and Testament in my presence.
 WITNESS NO. 2

APPLICATION FOR APPOINTMENT OF A LOCAK COMMISSIONER

IN THE COURT OF SENIOR SUB-JUDGE, DELHI

IA No…. of 20XX

In

Civil Suit No…20XX

X ……….Plaintiff/Applicant

Versus

Y ……….Defendant/Opponent

APPLICATION UNDER ORDER 26 RULE 9 AND ORDER 39 R/W

SECTION 151 CPC 1908 FOR APPOINTMENT OF LOCAL / COURT
COMMISSIONER

The Plaintiff respectfully submits as under:

1. That the plaintiff has filed the above-noted suit for possession. Along with
the plaint, the plaintiff has also moved an application under Order 39 Rule
1 and 2 and Section 151 C.P.C. The contents of the same may be read as
part of this application.
2. That the defendant who is in possession of the disputed premises is trying
to defeat and delay the claim of the plaintiff. The defendant is trying to part
with the possession of the premises in dispute.
3. That to know the factual position and to defeat the false defence, it is
necessary that a Local Commissioner may be appointed to go to the spot
and report regarding the possession of the disputed premises.
4. It is therefore most humbly prays:-
 • That a court/local commissioner be appointed with directions to visit
the spot and report as to who is in possession of the disputed
premises shown in blue in the site plan annexed with the plaint.
• Pass any other just an equitable order as deemed fit in the interest of
justice.

Place: PLAINTIFF

Date: THROUGH

ADVOCATE

APPLICATION FOR COMPROMISE OF SUIT

IN THE COURT OF SENIOR SUB-JUDGE, DELHI

Civil Suit No…20XX

X ……….Plaintiff

Versus

Z ……….Defendants

Application Under Order 23 Rule 3 read with Section 151 CPC for recording
a compromise and granting permission for withdrawal of suit

Most Respectfully Showeth:

1. That the plaintiff has filed a suit for mandatory injunction being suit No.
.................... which is pending before this Hon’ble Court and is fixed for
hearing on .....................
2. That in the above-mentioned suit the plaintiff has prayed for mandatory
injunction relating to the alleged tenanted portion of property bearing No.
................ and for damages.
 3. That the plaintiff and the defendants have now compromised the matter.
The plaintiff has agreed to relinquish his all rights, title and interest in the
alleged afore mentioned tenanted portion of the property on the terms and
conditions as mentioned in the Compromise Deed annexed hereto and
marked as Annexure ‘A’ to which the Defendants agree.
4. The parties also agreed that they will withdraw all the criminal cases if any
found against each other regarding the suit property and now there is
nothing due against the defendants and the plaintiff has already received
back all the amount paid by him together with the amount of litigation
expenses and damages from the defendants and now there is nothing due
against each other.

In view of the above, it is most respectfully prayed that this Hon’ble Court may
record the compromise between the parties as per the Compromise Deed dated
......... annexed hereto and permit the suit to be withdrawn leaving the parties to
bear their own cost.

It is prayed accordingly.

Place

Date

Plaintiff Defendants

Through

Advocate Advocate

VERIFICATION

We, the above noted parties to the suit do hereby verify that the contents of para
___ of this compromise application are true to our personal knowledge.

Signed and Verified this 3rd day of February 2020 at Delhi.

Plaintiff Defendants

APPLICATION FOR APPOINTMENT OF GUARDIAN

In the Court of Civil Judge (Senior Division), Mumbai

Guardianship Case No................of 2023

In the matter of MB, a minor under the age of 18 years residing at Mumbai

And

In the matter of:

PN ................ Petitioner

Versus

RS

RT ................ Respondents

APPLICATION UNDER S. 10 OF THE GUARDIANS AND WARDS ACT

1890 FOR APPOINTMENT OF A GUARDIAN OF THE MINOR.

The humble petition of the petitioner above-named most respectfully Showeth:

1. MB above-named is the son of PQ. The said PQ was a businessman

and was residing at....... The said PQ died on 15th June 1999 at
his residence. The mother of MB predeceased PQ. Your petitioner was a
close friend of the deceased.
2. The said MB is a minor born on 1st May 1989. He is now
approximately 10 years of age.
3. The said minor is residing with his distant relative at ................
4. The said minor is entitled to, in his own right, several assets and
properties, namely, moneys covered by two Life Insurance Policies in the
name of his deceased father and in respect of which the minor is the
 nominee. The premises No................also belongs to the minor by
inheritance.
5. The said minor is governed by the Hindu Law.
6. The other relatives of the said minor are the following:
• RS brother of the said deceased, residing at................;
• QT, the brother's son of the deceased residing at................
7. The guardian of the person or property of the said minor has not been
appointed either by Will of the said PQ or by court. In fact, the said PQ has
died intestate.
8. GP the proposed Guardian is a service holder and is the maternal
uncle of the minor. He is married and is at present residing
at................ The said GP is financially well-off having a monthly
income of Rs. 5,000. He is of a good character and habits. He is a fit
and proper person to be appointed the guardian of the person and property
of the said minor.
9. There is no person quite fit or in a position to look after the welfare of the
minor or to protect and preserve the assets and properties of the minor.
10. At present there is nobody suitable to look after his education and welfare,
assets and properties. The maternal uncle is a teacher and can devote time
and energy for the welfare of the minor.
11. In view of the aforesaid the present application is being made for the
benefit of and in the interest of the minor.
12. Unless Orders are made as prayed for herein, the minor will be
seriously prejudiced.

Prayer

• Mr. GP or some other fit and proper person be appointed as the Guardian
of the person and properties of the said minor MB;
 • Rs. 500 per month be allowed to the said GP as the remuneration in respect
of collection of rents, moneys and assets of the minor and investments
thereof and for looking after the minor;
• The said guardian to be appointed herein be given liberty to invest the
moneys of the minor in an appropriate safe manner;
• The said GP be given liberty to carry out the repairs of the tenanted
premises and to take proper steps for realisation of arrear and current rents;
• The costs of this application be directed to be paid out of the income
of the minor;
• Further Orders be made and directions be given as to this Learned
Court may deem fit and proper to afford complete relief to the petitioner.
And your petitioner as in duty bound, shall ever pray.

Verification

I, PN, aged about 30 years and the petitioner above-named know the facts
and circumstances of this case and I am able to depose thereto. The statements
contained in paragraphs No. 1 to 14 hereinabove are true to my knowledge
based on information derived from the documents shown to me and also
info. derived from the mother of the minor and from my personal association
with' the deceased and I believe them to be true.

Place: Mumbai PN
Through

Date Advocate

Declaration of GP

I, the undersigned GP, the Maternal Uncle of the minor residing at ................
do hereby agree to accept the office of the Guardian of the person and property
of the minor MB son of PQ of ................, in case this Learned Court shall
think fit to appoint me as the Guardian of the minor.
 GP

Through

Advocate

APPLICATION TO SUE AS AN INDIGENT PERSON U/O 33 CPC

IN THE COURT OF………., ROHINI COURT, DELHI

SUIT NO…….OF…….

IN THE MATTER OF:

X ___________ …APPLICANT/PLAINTIFF

Versus

Y ___________ …RESPONDENT/DEFENDANT

APPLICATION UNDER ORDER XXXIII READ WITH SECTION 151 OF

THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the applicant has filed the above titled suit which is pending disposal
before this Hon’ble Court.
2. That the contents of the accompanying suit 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 applicant is an indigent person and has no movable or immovable
property and has no source of income. Therefore, is unable to pay the
requisite amount of court fee stamp as required by law.
4. That the applicant undertakes to pay the entire court fee if the case is
decreed in his favour.
 5. That there are sufficient reasons for the acceptance of the present
application and for granting permission to the applicant to institute the
present suit as an indigent person.

PRAYER:

It is therefore most respectfully prayed that the Hon’ble Court may:

• allowed to sue as an indigent person in the interest of justice.

• to pass such further orders/directions as it may deem fit and proper.

DATE: Applicant

PLACE: Through

Advocate

APPEAL FOR EXECUTION

IN THE COURT OF DISTRICT JUDGE, DWARKA COURTS, DELHI

EXECUTION PETITION NO._____OF 2022

IN

CS NO. Of ______ 2020

IN THE MATTER OF:

Sh. X ...DECREE HOLDER

VERSUS

Sh. Y ...JUDGEMENT DEBTOR

EXECUTION PETITION U/O XXI RULE 10 OF CPC OF THE ORDER

DATED 08/03/2022.
The Applicant prays for the execution of the Order dated 08/03/2022 the particulars
whereof are stated in the column here under:
 1. No. of case CS NO. ___ of 2020
2. Name of parties As detailed in the
Memo of Parties.
3. Date of Order of which execution is 08/03/2022
sought.
4. Whether an Appeal was filed against the NO.
Order under execution
5. Whether any payment has been received NO
towards satisfaction of Order
6. Whether any application was made NO
previous to this and if so their date and
results
7. Amount Ordered along- With interest as Rs.16,66,500/- along with
per ORDER /Decree or any other pendente-lite and
relief granted by the ORDER future interest @6% p.a.
8. Amount of costs if allowed by the Court Rs.23,492/-
9. Against whom execution is sought Sh. Y

10. In what manner Court’s assistance is To recover the amount stated

sought in the Order dt. 08/03/2022.

PRAYER:
The applicant humbly prays that this Hon’ble Court may be pleased to pass the
appropriate orders for recovery of the amount/ executing order dated 08.03.2022 for a
sum of Rs.16,66,500/- along with pendente-lite and future interest @6% p.a. in favour
of the Decree Holder and against the Judgement Debtor or to send the Judgement
Debtor into Prison.
Any other relief/ direction this Hon’ble Court deems fits and proper in the facts and
circumstances. It is prayed accordingly.
NEW DELHI DECREE HOLDER
DATED: ___/07/2022 THROUGH
(ADVOCATE)

Verification

I,______ S/o _____ R/o __________ do hereby verify that the contents of this
application are true to my knowledge or belief.

Decree Holder

APPLICATION FOR CAVEAT UNDER SECTION 148A CPC

IN THE HIGH COURT OF DELHI AT NEW DELHI

CAVEAT NO. /2017

(ARISING OUT OF THE JUDGMENT AND ORDER DATED ……… IN

SUIT NO.…… TITLED AS ABC v. XYZ PASSED BY SH.___, CIVIL
JUDGE, DISTRICT, DELHI)

In the matter of:

XYZ . . Petitioner

Versus

ABC . . Respondent/Caveator

CAVEAT UNDER SECTION 148A OF CPC BY RESPONDENT /

CAVEATOR.

Most respectfully Showeth:

a. That Sh. _____, Civil Judge, District, Delhi has passed order against
appellants in Civil Suit No. ____titled as ABC v. XYZ on _____ whereby
 application for amendment U/O VI Rule 17 CPC filed by plaintiff/would
be petitioner, was dismissed.
b. That the caveator is expecting that the plaintiff/would-be petitioner may
file a Civil Misc. (Main) Petition under Article 227 of Constitution of India
against said order in this Hon’ble Court as such this caveat is being filed.
c. That the caveator has a right to appear and contest the Civil Misc. (Main)
Petition if preferred by the plaintiff/would-be petitioner.
d. That the caveator desires that he may be given the notice of the filling of
the Civil Misc. (Main) Petition as and when the same is filed by the
plaintiff/would-be petitioner, to enable caveator to appear at the time of
hearing for admission and no stay may be granted without hearing the
caveator/respondent.
e. That a copy of this caveat has been sent by Regd. A/D post to the
plaintiff/would be Petitioner.

It is, therefore, most respectfully prayed that nothing may be done in Civil Misc.
that may be filed by the petitioner without notice to the caveator or his counsel.

DATE Caveator

Delhi Through

ADVOCATE

SPECIAL POWER OF ATTORNEY

BY THIS POWER OF ATTORNEY I, ......... son of ...... residing at ................

plaintiff in civil suit No. ...... hereinafter referred to as the said suit, pending in
the court of the .......... hereby nominate, constitute and appoint Shri ..................
son of Shri .......... resident of ......... as my attorney for me, in my name and on
my behalf to do or execute all or any of the following acts or things in connection
with the said suit:
 1. To represent me before the said court or in any other where the said suit is
transferred in connection with the said suit.
2. To engage or appoint any solicitor, counsel, advocate, pleader or lawyer to
conduct the said suit.
3. To prosecute the said suit and proceedings, to sign and verify all plaints,
pleadings, applications, petitions or documents before the court and to
deposit, withdraw and receive document and any money from the court or
from the defendant either in execution of the decree or otherwise and sign
and deliver proper receipts for me and discharges for the same.
4. To apply for inspection and inspect documents and records, to obtain
copies of documents and papers.
5. To compromise the suit in such manner as the said attorney shall think fit.
6. To do generally all other acts and things for the conduct of the said suit as
I could have done the same if I were personally present.

And I hereby for myself, my heirs, executors, administrators and legal

representatives, ratify and confirm whatsoever the said attorney shall do or
purport to do by virtue of these presents.

IN WITNESS WHEREOF, I have signed this document on the date and place first
above written in the presence of following witnesses.

EXECUTANT

WITNESSES 1

WITNESSES 2

REFERENCE TO ARBITRATION AND DEED OF ARBITRATION

This agreement made and entered into between Mr……… and Mr…………. on
this……… day of (month) and (year) witnessed as follows:
WHEREAS differences and disputes have arisen between the parties above-
mentioned regarding the matter of ………… and the parties could not mutually
settle the matter. Now the parties agree that the matter as under be referred to
arbitration to obtain an award:

1. For the purpose of final determination of the dispute, the matter will be
referred to Mr…………. nominated by one party and Mr………
nominated by the other party as arbitrators and their award shall be final
and binding on both the parties.
2. If differences should arise between the said two arbitrators on the questions
referred to them, the said arbitrators shall select an umpire and the award
to be given by the umpire shall be final and both the parties hereby agree
that the award so given by the umpire or arbitrators shall be binding on
both the parties.
3. A reasonable time-limit may be fixed after consulting the arbitrators for the
grant of the award by them and umpire if appointed and the said time may
be extended in consultation with the arbitrators or umpire if need be.
4. The provisions of the Arbitration and Conciliation Act, 1996 so far as
applicable and as are not inconsistent or repugnant to the purposes of this
reference shall apply to this reference to arbitration.
5. Both the parties agree that they would co-operate and lead evidence etc.
with the arbitrators so appointed as expeditiously as possible and it is an
express condition of this agreement, that if any of the parties non-co-
operates or is absent at the reference, the arbitrators would be at liberty to
proceed with the reference ex-parte.
6. The parties hereto agree that this reference to arbitration would not be
revoked either by death of either party or any other cause.
7. If the arbitrators or anyone of them as chosen under this agreement become
incapacitated either by death or sickness or other disability, the parties
 retain the right of nominating substitutes and no fresh agreement therefor
would be necessary.
8. It is an express stipulation that any award passed by the said arbitrators
shall be binding on the parties, their heirs, executors and legal
representatives.

Having agreed to the above by both the parties, the said parties affix their
signatures to this agreement on this …… day of (month and year) at (place).

Signature I
Signature II

In the presence of Witnesses

Witness 1

Witness 2

NOTICE FOR SPECIFIC PERFORMANCE OF CONTRACT

SPEED POST

To,

Mr. X

Subject: Notice for specific performance of contract.

Dear Sir,

Under instruction and on behalf of my client I do hereby serve you with the
following notice:

1. That on ____ you had entered into an Agreement to sell with my client to
sell your land measuring ____ sq. yards which is situated within the
Dwarka District. You, the addressee, have executed the Agreement to sell
in the presence of witnesses thereof on the same day.
2. That the sale consideration of the above-mentioned land was settled at Rs.
____. Out of the total sale consideration you have received the earnest
money i.e., Rs. ___ from my said client on the same day and you had
executed the separate cash receipt in the presence of witnesses thereof in
favour of my client.
3. That as per the terms and conditions of Agreement to sell the date for
execution and registration of the sale deed was fixed for _____ and you
were bound to execute and register the sale deed of the above-mentioned
land in favour of my client on _____.
4. That on _____ my client reached at the office of Sub Registrar, along with
the balance sale consideration and expenses of stamp papers and
registration charges etc. My client waited you at the office of Sub Registrar,
whole the working hours but you did not turn up to execute and register the
sale deed of the above-mentioned land in favour of my client.
5. That since then my client have been visiting your house and has been
continuously requesting you and offered you the balance sale consideration
and requesting you also to execute and register the sale deed of the above-
mentioned land in favour of my client but you have been avoiding to the
legitimate requests of my client on one pretext or the other.
6. That on ____ my client personally met with you the addressee and
requested you to execute and register the sale deed in respect of the above-
mentioned land in favour of my client but you clearly refused to execute
and register the sale deed in favour of my client as well as to receive the
balance sale consideration.
7. That now you have become dishonest and you the addressee do not want
to execute and register the sale deed in favour of my client intentionally
and deliberately and wants to grab the money of my client, which was
received by you as earnest money.
 8. That since very beginning my client was ready and is still ready and willing
to perform his part of contract but it seems that you do not want to perform
your part of contract intentionally and deliberately.
9. I, therefore, through this Legal Notice call upon you to receive the balance
sale consideration from my client and get the sale Deed of the above-
mentioned land executed and registered in favour of my client within the
period of 15 days from the date of receipt of this Legal Notice, failing
which I have clear instructions from my client to file civil, criminal
complaint, suit for specific performance of contract and other Misc.
proceedings against you in the competent court of law and in that event
you shall be fully responsible for all costs, risks and responsibilities which
you note well.

A copy of this notice has been preserved in my office for record and future course
of action.

Yours Truly,

(ADVOCATE)

APPEAL FROM ORDERS UNDER ORDER 43 OF CPC

IN THE COURT OF DISTRICT JUDGE, SOUTH WEST DISTRICT

DWARKA COURTS, NEW DELHI

APPEAL NO. ___/2023

IN THE MATTER OF:

MURLI …. APPELLANT

Versus

SURENDER .... RESPONDENT

APPEAL U/O 43 RULE 1 CPC AGAINST THE IMPUGNED ORDER
DATED 07/07/2023_IN CS NO. 1234/2021 PASSED BY THE HON’BLE
COURT OF MS. RAJAT GOYAL, SCJ DWARKA COURTS IN THE CASE
TITLED AS SURENDER SINGH VS. MURLI KUMAR

MOST RESPECTFULLY SHOWETH:

1. That the present appeal has been preferred against the order dated 07.07.2023
passed by the Hon’ble Court of Ms. Rajat Goyal, CJ Dwarka Courts, Delhi in
a suit no. 1234/2021 titled as Surender Singh vs. Murli Kumar vide which the
Ld. Trial Court dismissed the application under order 9 rule 13 CPC filed by
the appellant. The copy of order dated 07.07.2023 is annexed herewith as
Annexure A-1.
2. The Ld. Trial Court has passed the impugned order without application of its
judicial mind. The Ld. Trial Court has failed to take into account even the most
basic principles of law and legal procedure and has passed the impugned order
totally neglecting the apparent facts / documents.
BRIEF FACTS OF THE CASE:

1. That the Respondent herein had filed a suit for recovery of Rs. 25,000/-
against the appellant along with pendent-lite and future Interest.
2. That vide Order dated 23/12/2021 the Hon’ble Court was pleased to pass
an ex-parte Order stating that the summons was served upon appellant on
23/03/2021, but the applicant/appellant failed to appear and was proceeded
ex- parte. That it is pertinent to mention here in that the address mentioned
in the recovery suit is completely different from the address given on the
Aadhar card of the appellant. The copy of the Aadhar card and Electricity
Bill are annexed herewith as Annexure A-2 (Colly). That appellant being
aggrieved by the said order dated 23.12.2021 has moved an application for
setting aside of the Ex-parte Order dated 23.12.2021. The copy of the Order
dated 23.12.2021 is annexed herewith as Annexure A-3.
3. That it is pertinent to mention herein that due to the incorrect address
mentioned on the summon the said summon were never served upon the
appellant due to which he could not appear before the Hon’ble Court. It is
submitted further that the correct address of the appellant i.e., WZ-15,
Delhi instead of WZ-51 Delhi due to which the summons never served
upon the appellant. The copy of the Suit C.S NO. 1234 /2021is annexed
here with as Annexure –A4 The Copy of Application of Order IX Rule 13
CPC is annexed here with as Annexure –A5.
4. It is pertinent to mention here in that even the report of the process server
dated 23/03/2021 is ambiguous. As it is apparent from his report that the
address mentioned in the suit is incorrect and it creates doubts in the mind
that after making call at the given phone number the appellant confirmed
his address and there after the summon was served upon the appellant by
the process server. On the other hand, the appellant is denying it completely
that he has not received any such calls from any process server regarding
the same.
5. That it is further submitted that on 18/04/2022 when the appellant and the
Counsel of the appellant inspected the Court file, they noticed that the
signature on the process server report is completely different from the
actual signature of the appellant. It is pertinent to mention here in that even
the report of the process server was not bearing any signature of the witness
to authenticate that the summons was served upon the appellant.
6. It is also apparent from the record of the Court file that no amended memo
of parties was filed and hence the process server has no authority to change
the address by himself to effectuate the summon served upon the appellant,
and if he does so it is considered to be the abuse process of law. It clearly
shows the malafide intent and connivance between the process server and
the plaintiff. It is further submitted that the signature purported to be the
 receiving have not been done by the appellant and the same are forged. The
appellant has never been served with the notice/summons.
7. That the appellant has no knowledge/apprehension that the present suit has
been instituted by the Respondent against the appellant before this Hon’ble
Court.
8. That the prima facie case is in favor of the appellant and against the
respondent and if the ex-parte Order dated 23.12.2021 is not set- aside then
the appellant will suffer irreparable loss which may not be compensated by
any means.
9. It is submitted that the suit of the respondent is not maintainable as no cause
of action arises within the Jurisdiction of this Hon’ble Court and the
plaintiff in order to harass/humiliate appellant has instituted this false and
bogus claim and have raised bald allegations against the appellant.
10. The application under order IX Rule 13 CPC, filed by the appellant herein
was dismissed by the Ld. Senior Civil Judge vide its order dated
07/07/2023 and being aggrieved by the said order, the appellant herein is
impugning the same on the following amongst other grounds-
GROUNDS

(A) Because the Ld. Trial Court has clearly ignored the address mentioned in
the memo of parties. It is pertinent to mention herein that further the Ld.
Trial Court fell in grave error while observing that there was a discrepancy
in the address as shown in the, electricity bill from the one which was
shown in the memo of parties. It is submitted that the said observation is
not correct as the perusal of the Aadhar card would suggest that the address
shown is not the same as mentioned in the electricity bill therefore, the
impugned order suffers from infirmity.
(B) Because the Ld. Trial Court miserably failed to assess the proper situation
as the present case was a perfect example of a situation where all the three
 factors i.e., prima facie case, balance of convenience and irreparable loss
lies favour of the appellant herein and as such the application should have
been allowed in all respects.
(C) Because the Ld. Trial Court miserably failed to verify the signature of the
appellant to divulge the true facts whether the summons was properly
served upon the appellant.
11. That the present appeal has been filed within the period of limitation as
prescribed under the Limitation Act.

PRAYER

In the facts and circumstances as mentioned above, the applicant most humbly
prays this Hon’ble Court may kindly be pleased to set aside the Impugned Order
dated 07/07/2023 and allow the appellant to contest the suit no. 1234/2021 on
merits, in the interest of Justice.

Pass any, or further order as this Hon’ble Court may deem fit and proper in the
facts and Circumstances of the case, in the interest of justice.

APPLICANT/RESPONDENT

DELHI THROUGH

DATED: .08.2023 (ADVOCATE)