CHAPTER 9- PLEADINGS

a formal statement of the cause of an action or defence

 OVERVIEW OF THE CHAPTER

1. Introduction
2. Pleadings
3. Plaint
4. Written Statement
5. Affidavit and Execution Petition
6. Appeals
7. Other Concepts
8. Orders and Rules
9. Case Laws
 Overview

INTRODUCTION

1. Procedure of Civil Proceedings

2. Steps for Civil Proceedings
3. Important Legal Terms
 Index
STEPS FOR CIVIL PROCEEDINGS

1. Firstly, the Plaintiff files the Plaint (Complaint in case of Criminal

Matters) / Suit with the Court along with the supporting evidence
against the defendant.
TERMS DEFINED
2. If the Court satisfy, they call up the defendant through summons.
• Plaint- The statement of grievance made
by the aggrieved party 3. The defendant once served with the Summons/ Notice appears
before the court.
• Plaintiff- The aggrieved Party
• Defendant- Against whom the complaint 4. If the notice is not served to the defendant, then the summons are
reissued through publication in the newspaper for the defendant to
is filed appear before the court.
• Summons- Notice to the defendant to
appear before the court 5. If the defendant does not appear before the court, the decision is
given Ex-parte.
• Written statement- the replies made by
the defendant against the plaint 6. In case the defendant appears to the court, he submits the written
statement explaining his part within 30 days from notice
7. Then the Plaintiff can file the reply against the written statement
through a counter pleading which may contain objections.
8. Admission and denial of the documents filed by the parties
9. Framing of the issues by the court
10. Proceedings on the issues framed
STEPS FOR CIVIL PROCEEDINGS Filing of Plaint/ Claim Petition (Suit) (within the Index
limitation period) along with all relevant claims

Consideration of Plaint by the Court & on satisfaction issuance of Summons/ Notice of the suit to the Defendant

Summon/ Notice of filing Summon/ Notice of filing of

of cases served cases not served

Defendant Defendant does not

Appears Appear Pre issuance of summon or service of
notice through publication in the
newspaper (Publication is assumed as
Defendant has to file Suit is proceeded ex-parte service of the notice)
written statement within
30 to 90 days along with
supporting documents Defendant Appears Defendant
evidence does not
Submission of evidence by
Appear
the Plaintiff
Plaintiff replies to
written statement for
responding to the
objections/ contentions
of the defendant

Admission and denial of the

documents filed by both the parties

Framing of Issues by court

 Index
LEGAL TERMS AND THEIR DEFINITIONS
PLAINT
The document stating the cause of action and other necessary details
and particulars in support of the claim of the plaintiff is called the
“PLAINT”. If the defendant in his written statement provides for an
individual claims, then that also becomes PLAINT.

WRITTEN STATEMENT
The defence statement containing all material facts and other
details filed by the defendant is called the “WRITTEN
STATEMENT”.

PLEADING
Pleadings are statements, written, drawn up and filed by each party to a
case, stating what his contentions will be at the trial and giving all such
details as his opponent needs to know in order to prepare his case in
answer”.
 Overview

ALL ABOUT PLEADINGS

1. Objectives of Pleading
2. Fundamental Rules of Pleading
1. Rule 1- Meaning, Instances and Exceptions
2. Rule 2- Meaning, Instances and Exceptions
3. Rule 3- Meaning, Instances and Exceptions
4. Rule 4- Meaning
3. Points to be kept in mind while drafting Pleading
 Index
OBJECTS OF THE PLEADINGS
• To define the issues involved between the parties;
• To provide an opportunity to the opposite party or other side to met up the particular allegation
raised against him or her, and
• To enable the Court to adjudicate the real issue involved between the parties.

A PLEADING SHALL

Contain only a statement of facts, Contain all material facts and

and not Law; material facts only.

FUNDAMENTAL
RULES OF PLEADING

State facts on which the party

State such material facts concisely,
pleading relies and not the evidence
but with precision and certainty.
by which they are to be proved
 Index
First fundamental rule is that • The wife must state the facts about domestic violence (with dates),
the party should mention only the In case of Marriages force for dowry, husband being a drunkard, abusing the wife, prohibition
facts but not the law. It is the to visit her parents or did not enter in any relation with the wife
judge’s responsibility to draw
inferences from the given facts as
per the correct law, even if the party • The defendant must state that there was
Recovery of money
has mentioned about any other law • no purchase nor any agreement from the plaintiff
applicable on those facts. The for goods sold
• Goods taken on credit basis to be paid only on sale to third party
plaintiff must mention the facts
which supports his claims in the • The Plaintiff must state
Pleading. The parties should only
state the facts based on which legal • All the acts of the defendant(any public utterances) in which he
In case of
conclusions can be made by the remarks about the plaintiff such a way which lowers him in the eyes or
Defamation
court. Thus a party cannot plead estimation of society.
that the act of the defendant was • Exact words spoken in the statement of the defendant
unlawful, or he is guilty of
negligence, instead the plaintiff • the plaintiff must state those facts
must state facts which establish the In case of Damages
guilt or negligence of the defendant, • which establish the defendant’s duty towards the plaintiff
and Negligence
or how the act of the defendant was • how and in what manner the defendant was guilty of negligence
unlawful. The plaint should only
contain the recitals that would form • The plaintiff must state how
the basis of the claim. Case of legal heir and
• he and others were related to the deceased
property
• he was nearer in relation to the deceased than the other claimants
 Index

Foreign Law

Mixed
Customs question of
Exceptions to law and fact
the first rule

inferences
Legal Pleas
of law
 RULE 2: A PLEADING SHALL Contain all material facts and material facts only Index
Why is it required to find the What if a material fact is
What are material facts? Role of a Lawyer
materiality of a fact? excluded?

• The facts which have a direct • A litigant brings all facts of • A fact may not appear to • Thus a lawyer must
and immediate bearing on the
a case even the ones may be material at the initial visualize all the possible
case are material which would
vary from case to case. Every have a little relevance to stage, but it may become directions or dimensions
fact on which the cause of the case to the lawyer. material at a later stage. which the pleadings are
action or the defence is founded likely to assume.
• Not all the facts can be • Thus it would be better to
is material fact.
included in the plaint as include than to exclude • There after he would
• Then there are other facts
which indirectly establish the this may lead the learned those facts because at the prepare an outline of the
cause of action or defence judge to miss the essential later stage, he will not be pleading and submit all
which are material facts are to
track. Other less relevant permitted to adduce such facts to a close
be proved at the time of
proceedings. facts may be omitted after evidence to prove such a analysis in order to prove
being checked by the fact unless the pleading is all such material facts he
lawyer. amended. The general rule would succeed.
is that a party cannot
prove a fact which he has
not pleaded.
 INSTANCES FOR RULE 2 Index

What are non-material facts?

What are material facts in various situations?
• Suit of Promissory note- not
material to show Plaintiff’s request • Suit for Damages- Reasons and Circumstances of the collision,
for money and the refusal of the acts of negligence which, according to plaintiff, caused the
defendant to pay as in case collision
promissory note, the amount
becomes payable once the note • Suit for Ejectment of a Trespasser- Ownership documents,
becomes due plans of the maps sanctioned. For govt. land, there must be an
undisturbed possession of 12 years
• Similarly in a suit for recovery of
money for the goods sold, it is not • Suit of Defamation- To prove that the words were intended to
material to state that the goods defame or understood that way at public at large
belonged to the plaintiff or that the
goods were sold to the defendant • In a money suit, it is material to allege part-payment of the loan
on the belief that he would honestly and any other fact which gives a new lease of three years time
make the payment. to the loan in order to save the suit from the bar of limitation.
• In the case of damages general • In a suit for specific performance of a contract it is material to
damages are presumed to be the allege that the plaintiff has always been willing and is willing to
natural or probable consequence of perform his part of the contract.
the defendant’s act. Such damages
need not be proved.
 Index

EXCEPTION TO THE SECOND RULE

• Condition Precedent (occurrence of an event without which a contract cannot be performed) - The performance of any
condition precedent need not be pleaded as its happening is implied in the pleading. But where a party chooses to
contest the performance or occurrence of such condition, he is bound to set-up the plea distinctly in his pleading. “Any
condition Precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in
his pleading by the plaintiff or defendant.”
• Presumption of law- neither party need in any pleading allege any matter of fact which the law presumes in his favour or
as to which the burden of proof lies upon the other side unless the same has first been specifically denied. A party
should not plead anything which the law presumes in his favour. Regarding legal presumptions the exception applies to
only such facts as the court “shall presume” and not to those facts which the court may presume”, and therefore the
facts falling under the latter class must be pleaded.
• Matters of Inducement- Another exception to the general rule is regarding facts which are merely introductory. Such
facts only state the names of the parties, their relationships, their professions and such circumstances as are necessary
to inform the court as to how the dispute has arisen. Such facts are hardly necessary or material to the pleading, but
they are generally tolerated and are set in the pleadings by both the parties in order to facilitate the court to take a
stock of the situation of the parties. It is better if such prefatory remarks are cut down to the minimum.
 Index

The third fundamental rule of pleadings is that only facts must be stated and not the evidence there of as there is a tendency among
the litigants to mix up the bare facts with the facts which are in realty the evidence.
Every pleading shall contain a statement of the material facts on which the party pleading relies for his claim or defence but not the
evidence by which they are to be proved. While drafting a plaint, a lawyer must distinguish between facts which are asserted and
which must be established through evidence whether documentary or oral, and facts which are, by themselves, in the nature of
evidence.
The reason behind the rule stating evidence is that if the evidence were also allowed to be stated in the pleading that there shall
remain no limit of details and the chief object of the pleading would disappear. Evidence also consists of facts. How then to
distinguish between the two kinds of facts (i.e. material facts and evidence)? Long back in Ratti Lal v. Raghu AIR 1954 VP 53, the
question was answered thus: Material facts are those facts which a plaintiff must allege in order to show a right to sue or a defendant
must allege in order to constitute his defence.
At the initial stage only the former facts have to be narrated, and when the state of evidence comes, then the other facts will be
represented as a part of evidence in order to establish the first set of facts.
Evidence also consists of facts and there are two kinds of facts,
1. Facta Probanda- These are the material facts on which a party relies which are to be proved and are ought to be stated in the
pleading. On these facts, the party pleading relies for his claim or defence.
2. Facta Probantia- The facts by means of which material facts (facta probanda)are be proved and these are not to be stated in
Pleading. These facts are the evidence as to the existence of certain facts. Facta probanda are not facts in issue, but they are
relevant at the trial to proof the existence of facts in issue.

Only exception to this rule is writ petitions and election petitions

 INSTANCES OF RULE 3 Index

Mental Condition- Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be
sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred. Thus it is sufficient to allege that the
CASES OF RULE 3
defendant has cheated the plaintiff to the extent of Rs. 10,000/-. It is not necessary, to plead how the defendant has cheated the plaintiff. The “how”
part would be evidentiary and should not be pleaded.

Notices- wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact unless the
form or the precise terms of such notice or the circumstances from which such notice is to be inferred, are material. In many cases notice has to be
alleged as a material fact.

Implied Contract or relations-wherever any contract or any rotation between any persons is to be implied from a series of letter or circumstances, it
shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters conversations or circumstances without setting them
out in detail.

Presumption of Law- neither party need in any pleading allege any matter of fact which the law presumes in this favour or as to which the burden of
proof lies up-on the other side unless the same has first been specially denied. Only exception to this rule is writ petitions and election petitions
 Index
RULE 4- FACTS TO BE STATED PRECISELY

Dates, sums and numbers If the facts stated in the

every pleading must state shall be expressed in pleading are all material,
What this rules means is
the material facts figure. The pleading shall then they all must be
that the pleading should
concisely, but with be divided into alleged notwithstanding
be brief and to the point
precision and certainty. paragraphs, numbered the prolixity (repetition)
consecutively that might cause.
POINTS TO BE KEPT IN MIND 1. It is better to use the word “plaintiff’ or “defendant” instead of using their names.
FOR DRAFTING PLEADING 2. Spellings of persons and places should be accurate and shall remain the same
throughout the pleading.
3. Facts should be stated in active and not in the passive voice. Paraphrases (same thing
Pleading must be signed- It is obligatory written with different words for clarity) should be avoided.
that the pleading shall be signed by the
4. ‘Terse (abrupt)’, ‘Short’, ‘Blunt’ sentences should be used. All ‘its’ and ‘buts’ should be
party and his pleader (if any) or any avoided.
other authorized person in his absence. 5. Pronouns like “he” “she” or “that” should be avoided or when used should clearly
The main purpose of this rule is to denote the person or the thing to which such pronouns refer.
prevent any possible denial by any party 6. Things should be mentioned by their correct names, description of which should be
that he did not authorize the followed throughout.
proceedings. 7. Where an action is founded on some statute (law or Act), the exact language of the
statute should be used.
Verification of the Pleading- every 8. The use of “if’, “but” and “that” should be avoided as it can cause ambiguity.
pleading shall be verified at the foot by
9. Necessary particulars of all facts should be given in the pleading. Lengthy ones can be
the by any of the parties pleading or by given in an attached schedule with a clear reference made in the pleading. Repetitions
some other person proved to the should be avoided in pleadings.
satisfaction of the Court to be 10. Every pleading shall, when necessary, be divided into paragraphs, numbered
acquainted with the facts of the case. consecutively, each allegation being, so far as is convenient, contained in a separate
paragraph such that each paragraph deals with one fact. Inter-relationships of
The verification shall be signed by the paragraphs must seem to exist. All the relevant facts must be stated in strict
person making it and the date on which chronological order.
and the place at which it was signed. 11. Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

Index
 Overview

PLAINT

1. Classes Of Civil Courts And Contents Of A Plaint

2. Structure of a Plaint
1. Examples of Titles
2. Body of a Plaint
3. Draft Format of a Plaint
4. Example of a Plaint
 • The name of the Court in which the
CLASSES OF CIVIL COURTS AND CONTENTS OF A PLAINT suit is brought;
• The name, description and place of
residence of the plaintiff;
Supreme
Court • The name, description and place of
residence of the defendant, so far as
they can be ascertained;
High Courts • Where the plaintiff or the defendant is
a minor or a person of unsound mind,
a statement to that effect;
• The facts constituting the cause of
Civil Courts action and when it arose;
• The facts showing that the Court has
Court of District jurisdiction;
Judges (Higher Lower Courts • The relief which the plaintiff claims;
Court)
• Where the plaintiff has allowed a set-
Additional off or relinquished a portion of his
By territorial limits Pecuniary claim, the amount so allowed or
District
(Jurisdiction of court) Limits relinquished; and
Judges

• A statement of the value of the

Civil Judge Civil Judge subject-matter of the suit for the
Small Cause
(Senior (Junior purposes of jurisdiction and of court
Court
Index Division) Division)
fees, so far as the case admits.
 OTHER IMPORTANT POINTS FOR PLEADING CIVIL

In money suits- Where the plaintiff seeks the recovery of money, the plaint shall state the
precise amount claimed. But where the amount cannot be ascertained the plaint shall state
approximately the amount or value sued for.

Where the subject-matter of the suit is immovable property- where the subject-matter of
the suit is immovable property, the plaint shall contain a description of the property
sufficient to identify it or information about its boundaries or numbers.

When plaintiff sues as representative- Where the plaintiff sues in a representative character
the plaint shall show not only that he has an actual existing interest in the subject- matter,
but that he has taken the steps necessary to enable him to institute a suit concerning it.

Index
 Index
STRUCTURE OF A PLAINT
1. Name of the Court in which the suit is filed along with jurisdiction
2. Before the heading of the plaint proper space should be left for affixing court-fee stamp. Just below the name of
the court, a space should be left for the number of the suit.
3. Thereafter the names of the parties to the suit with all necessary particulars should be given (Name, Son or
Daughter of, Age, Residence).
4. The title of the suit should be given
5. Where the plaintiff or defendant is a minor or a person of unsound mind, the fact should be mentioned in the
cause-title. At the same time the name and description to the person through whom such person sues or sued
should also be given in the cause-title.
6. Body of the Plaint: Then follows the body of the suit/plaint. The plaintiff acquaints the court and defendant with
the case. Always better to start with “The above named plaintiff states as follows” and follows with
1. That…..
2. That…..
Followed by claims of the Plaintiff stated with- “Wherefore the plaintiff claims –
1. That….
2. That….
7. Verification
8. Affidavit should also be enclosed with plaint as provided under Order 6 Rule 15 (4) CPC, 1908. All documents on
which the plaintiff relies for his claim should be enclosed with a separate List of Documents
 Index
FEW EXAMPLES OF TITLES
• Individual person - AB S/o………Aged….. Res. of…………..
• Proprietary concern - AB S/o………Aged….. Res. of…………..proprietor of MIs XYZ and carrying on business at
• Partnership firm – M/s XYZ, a partnership firm registered under the Indian partnership Act, 1932 with its
principal place of business at ………….
• A company - M/s XYZ, Pvt. Ltd. A company incorporated under the companies Act having its registered office
at………….
• Company in Liquidation - M/s XYZ Ltd. In liquidation through liquidator Mr. ABC having office at ………….
• Statutory Corporation - The Life Insurance Corporation of India established and constituted under the Life
Insurance Act, having its registered office at ………….
• Municipality – Municipal Corporation of Delhi through its Chairman, Town Hall, Delhi.
• Minor - AB S/o………Aged….. a minor through his father and natural guardian S/o………Aged….. Res. of…………..
 BODY OF THE PLAINT Index
THE BODY OF THE PLAINT IS DIVIDED INTO TWO PARTS

1. Substantive portion of the body of plaint is devoted to

• statement of all facts constituting the cause of action and
• the facts showing the defendant’s interest and liability. But, as already noted, often it is
desirable to start the plaint with certain introductory statements, called ‘matters of
inducement’.

2. Formal Portion which includes

• Date when the cause of action arose;
• Statement of facts pertaining to jurisdiction;
• Statement of valuation of the suit and statement of affixing of court fees;
• Statement as to minority or insanity of a party or representation for other person;
• When a suit is filed after the expiry, a statement showing the ground on which he has claimed
exemption or condonation of delay
• Every relief sought for by the plaintiff should be accurately worded. A plaintiff is entitled to
claim more than one relief in respect of the same cause of action should sue for all of them
because he is debarred from bringing a fresh suit in respect to the omitted relieves except when
the omission in the first suit was with the permission of the court
• Verification by sign of Plaintiff or any representative
 FORMAT OF A PLAINT Index

IN THE COURT OF CIVIL JUDGE (Senior Division), ……….

OR
IN THE JUDICATURE OF HIGH COURT ……… Original Jurisdiction
………….. Suit No. ………….. of ………(Year)

AB s/o CD aged…………yrs, Resident of........................................ Plaintiff

versus
PQ s/o RS aged ……….Yrs, Resident of ………………………………… Defendant

“Suit for specific performance and damages” Or “Suit for Recovery of money” Or “Suit for damages for malicious prosecution”
Or “Petition for Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act, 1955”

‘The above named plaintiff states as follows:

1. That ….
2. That….
I…….. (Name), S/o Sri................... (Father’s name), the aforesaid plaintiff do hereby verify that the contents of paragraphs …… to
…. of the above plaint are true and correct within my personal knowledge and that the contents of paras………..to ……. (mention
the paras by their number in the pleading) I believed to be true on information received.
Signed and verified this at ……….(Place) on this ………….. (Date) day of month/years.
Sd/- (Plaintiff)
 An Example for Format of Plaint of Suit for Ejectment and Arrears of Rent
In the Court of Small Cause, ………….. Index
Suit No. ……. Of …..
(Space for Court-fee Stamp)
AB S/o CD Age….. Resident of ………… (Plaintiff)
Versus
PQ S/o RS Age….. Resident Of ………… (Defendant)
Suit for Ejectment, Arrears of Rent and Mesne Profits
The above-named plaintiff states as follows: -
1. That the plaintiff is the owner of the house no. ……. Situated at ……… and bounded as below: -
Boundaries of the Houses
2. That under verbal agreement made on ….. 20 ….. the defendant became a monthly tenant to the plaintiff in respect to
the house described in paragraph I above at the rent of Rupees ………. Per month and has been in occupation of the said
house as such tenant since the above mentioned date of the agreement.
3. That the defendant has not paid the rent from June 1, 20.. or any part thereof.
4. That the plaintiff duly determined the said tenancy by serving on the defendant, by registered post on October 1, 20.. a
notice to quit the said house within thirty days of the receipt of the notice and pay the entire arrears f rent from June 1,
20… That the said notice was served upon the defendant on October 7, 20.. yet the defendant has not vacated the house,
nor has he paid the said arrears of rent or any part thereof. Hence the defendant is liable to Ejectment under section 20 of
the U.P. Act No. XIII of 1971.
5. That now a total sum of Rupees ….. is due to the plaintiff as against the defendant, that is Rupees ……….. on account of
arrears of rent from June 1, 20.. to November 7, 20.. , and Rupees ……. On account of damages for use and occupation from
November 8, 20.., to 20.., the date of filing the suit.
 An Example for Format of Plaint of Suit for Ejectment and Arrears of Rent
6. That the cause of action for the said arose on November 8, 20.., when the period stipulated in the said notice expired.
7. That the defendant resides at …. within the jurisdiction of the court.
8. That the valuation of the suit for purpose of jurisdiction and payment of court-fee is Rupees …….. , has been paid.
Wherefore the plaintiff claims –
a) That the decree for Ejectment of the defendant from the house described in paragraph 1 above be passed in favour
of the plaintiff.
b) That the decree of Rupees on account of arrears of rent from June 1, 20.. to November 7, 20.. be passed in
favour of the plaintiff.
C) That a decree for Rupees …. On account of damages for use and occupation at the rate of Rupees …… per month
from June 1, 20.. , to November 7, 20.. , the date of suit, be passed in favour of the plaintiff as against the defendant.
d) That a decree for further damages for use and occupation at the aforesaid rate till the Ejectment of the
defendant be passed in favour of the plaintiff as against the defendant on payment of additional court-fee.
e) That cost of the suit be allowed to the plaintiff.
Place: …….. AB
Date: …….. Plaintiff
Through
Advocate
Verification
I, AB, he aforesaid, plaintiff, do hereby verify the contents of paragraphs …… and …….. of the above plaint are true to my personal
knowledge nd the contents of the paragraphs ………. And ……., I believe to be true on information received.
Signed and verified this …… day of . 20.. ….., at ……
AB
Plaintiff
Index
 Overview

ALL ABOUT WRITTEN

STATEMENTS

1. Definition and other important points

2. Body of a Written Statement
3. How to draft a Written Statement
4. Different types of Defences
5. Points to be kept in mind for drafting a written statement
6. Format of a Written Statement
7. Example of a Written Statement
8. Other Important terms – Interlocutory terms, Original Petitions
and Affidavits
 WRITTEN STATEMENT Index

A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaint in which he either accepts or denies the
allegations. The written statement must specifically deal with each allegation of fact in the plaint and when a defendant denies any fact, he must answer the
same in substance.

To make a written statement, the pleader of defendant side should carefully examine the plaint and check if all the details are present for him to understand the
case, If any particulars or documents are missing, defendant can ask the plaintiff to make available of those particulars or copies or documents before
defendant files the written statement.

If the defendant thinks any allegation/allegations in the plaint are embarrassing or scandalous, he should apply to have it struck out, so that he may not be
required to plead those allegations.

If there are several defendants, they may file a joint defence, if they have the same defence to the claim. If their defences are different, they should file separate
written statements, and if the defences are not only different but also conflicting, it is not proper for the same pleader to file the different written statements.

Formal Portion of written statement:

• Heading and title remains same as the plaint, except that, if there are several plaintiffs or defendants, the name of only one may be written with the addition
of “and another” or “and others”
• After the name of the parties and before the actual statement, there should be added some words to indicate whose statement it is, e.g., “written statement
on behalf of all the defendants” or “written statement on behalf of defendant No. 1”.
• The words “The defendant(s) states….…….” may be used before the commencement of the various paragraph of the written statement. No relief or dismissal
should be claimed in the written statement. But when a set off is pleaded or the defendant prefers a counter-claim for any excess amount due to him, a prayer
for judgment for that amount in defendant’s favour should be made.
 Index
Body of the Written Statement

Forms of Defence
• a “traverse”, as where a defendant totally and categorically denies the plaint allegation
• “a confession and avoidance” or “special defence”, where he admits the allegations but seeks to destroy their effect by
alleging affirmatively certain facts of his own, as where he admits the bond in suit but pleads that it has been paid up, or
that the claim is barred by limitation
• “an objection in point of law” (which was formerly called in England “a demurrer”), e.g., that the plaint allegations do not
disclose a cause of action, or that the special damages claimed are too remote

Types of Pleas
• “Dilatory Pleas” may sometimes be taken which merely delays the trial of a suit on merits
• “Peremptory pleas” or “pleas in bar” which go to the root of the case

All defences to be plead at once

• All defences (there can be number of pleas) which are permissible should be taken in the first instance, for, if the defendant
does not take any plea, he may not be allowed to advance it at a later stage, particularly when it involves a question of fact.
 HOW TO DRAFT A WRITTEN STATEMENT Index

When the defendant relies on several distinct grounds of defence or set off, they should be stated in separate
paragraphs, and when a ground is applicable, not to the whole claim but only to a part of it, its statement
should be prefaced by words showing distinctly that it is pleaded only to that part of the claim, thus: “As to
the mesne(intermediate) profits claimed by the plaintiff, the defendant contends that, etc.” or “As to the price
of cloth said to have been purchased by the defendant, the defendant contends that, etc.”

All admissions and denials of facts alleged in the plaint should be recorded in the first part of the written
statement and before any other pleas are written.

If there are some defences which are applicable to the whole case, then those should be pleaded first over
other defences which apply only to a part of the claim.
When it is intended to take several defences in the same written statement, the different kinds of defences Index
should be separately written. It is convenient to adopt the following order for the several pleas:

1. Denials (Traverse):Should be given in the opening

2. Dilatory Pleas: They simply raise formal objections to the
paragraphs. bare denials are in themselves valid defences to
proceedings and do not give any substantial reply to the
the claim made in the plaint. The rules as to denials are
merits of the case
Denials must be specific and not evasive

4. Special defence : Also known as the plea of confession

3. Objections to point of law: By such an objection the
and avoidance whereby defendant admits the allegations
defendant means to say that even if the allegations of fact
made in the plaint but seeks to destroy their effect by
(made in the plaint) be supposed to be correct, still the
alleging affirmatively certain facts of his own, showing
legal inference which the plaintiff claims to draw in his
some justification or excuse of matter charged against him
favour from those facts is not permissible.
or some discharge or release from it.

5. Set off and counter-claim: According to Black’s Law Dictionary set off is the defendant’s counter demand against the plaintiff, arising
out of a transaction independent of the plaintiff’s claim. Following are the conditions: a. the sum claimed must be ascertained, b. it must
be legally recoverable, c. it must be recoverable by the defendant and from the plaintiff, e. It must not exceed the pecuniary limits, both
parties must fill the same character as they fill in the plaintiff’s suit. Set-off may be of two kinds: legal set-off and equitable set-off. The
counter claim is the claim made by the defendant against the averments made by the plaintiff. Counter claim must be treated as a
plaint.
 Index
POINTS TO BE KEPT IN MIND FOR DRAFTING A WRITTEN STATEMENT
One has to deny the allegations of the plaint/petition which are incorrect or perverse. In any allegation contained in the plaint is not denied specifically, it is presumed to have
been admitted.

If the plaint has raised a point/issue which is not admitted by the defence, it is generally advisable to deny such point/issue and let the complainant prove that point. In reply,
one must submit the facts which are in the nature of defence in a concise manner.

Attach all relevant correspondence, invoice, challan, documents, extracts of books of accounts or relevant papers as annexures which should be duly page numbered and filed
with authority letter.

The reply should be given in such a manner that no para of the plaint is left unattended.

After reply, the same is to be signed by the constituted attorney of the defence otherwise it would be dismissed.

The reply/written statement is to be supported by an Affidavit of the opposite party (defence).

General rule is that no pleadings, no evidence. If any relief is not prayed for, will not be allowed. State all reliefs.

No party in any pleadings need to allege any matter of fact which the law presumes in his favour.
 FORMAT OF A WRITTEN STATEMENT Index

IN THE COURT OF CIVIL JUDGE (Senior Division), ……….

OR
IN THE JUDICATURE OF HIGH COURT ……… Original Jurisdiction
………….. Suit No. ………….. of ………(Year)

AB s/o CD aged…………yrs, Resident of........................................ Plaintiff

versus
PQ s/o RS aged ……….Yrs, Resident of ………………………………… Defendant

Written Statement on behalf of the defendant to the suit for “specific performance and damages” Or “Recovery of money” Or “damages for malicious
prosecution” Or “Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act, 1955”

‘The above named defendant states as follows:

• That…
• That...
Additional Pleas
• That....
I…….. (Name), S/o Sri................... (Father’s name), the aforesaid defendant do hereby verify that the contents of paragraphs …… to …. of the above written
statement are true and correct within my personal knowledge and that the contents of paras………..to ……. (mention the paras by their number in the
pleading) I believed to be true on information received.
Signed and verified this at ……….(Place)
on this ………….. (Date) day of month/years.
Sd/- (Defendant)
 Example Format of Written Statement Index
Suit for Ejectment and Arrears of Rent
In the Court of Small Cause, …………..
Suit No. ……. of …..
(Space for Court-fee Stamp)
AB S/o CD Age….. Resident of ………… (Plaintiff)
Versus
PQ S/o RS Age….. Resident of ………… (Defendant)
Written Statement on behalf of the defendant to the suit for Ejectment, Arrears of Rent and Mesne Profits
The above-named defendant states as follows: -
1. That the defendant admits the facts stated in paragraph 1 of the plaint.
2. That the defendant admits the agreement mentioned in paragraph 2 of the plaint and his occupation of the said house as
alleged therein.
3. That the defendant denies that he has not paid the rent from June 1, 20.. , as stated in paragraph 3 of the plaint.
4. That the defendant admits service of the notice alleged in paragraph 4 of the plaint, but does not admit that the plaintiff
duly determined the defendant’s tenancy thereby. That the defendant admits that he continues to be in occupation of the said
house but denies that he has not paid any part of the said arrears of rent or that he is liable to Ejectment under the provisions of
law alleged in paragraph 4 of the plaint.
5. That the defendant does not admit anyone of the several allegations made in paragraph 6 of the plaint.
6. That no cause of action even occurred to the plaintiff alleged in paragraph 6 of the plaint.
7. That the defendant admits the jurisdiction of the court as alleged in paragraph 7 of the plaint. However, it is submitted that
the jurisdiction of this Hon’ble Court has been wrongly invoked by the plaintiff.
8. That paragraph 8 of the plaint relates to valuation of the suit and payment of court fee which is matter of record.
Additional Pleas
9. That the defendant has paid the rent for the months May, June, July, August and September, 20…, to Sri EF, the plaintiff’s
authorized agent who has been collecting the rent of the said house on behalf of the plaintiff but no rent receipts in respect of
the aforesaid months have been issued to the defendant even after repeated demands by the defendant.
10. That the rent for the October, 20.. , and that for the subsequent months was tendered to the said agent of the plaintiff and to
the plaintiff himself but both have refused to accept it.
11. That in fact only Rupees ….. , are due from the defendant to the plaintiff as arrears of the rent , being the rent for the months
mentioned in paragraph 10 above and that the defendant is ready and willing to pay the said amount to the plaintiff herein before
this Hon’ble Court.
12. That the notice mentioned in paragraph 4 of the plaintiff is invalid in that it did not purport to give sufficient period of time to
the defendant as stipulated in section 30 of the U.P. Act No. XIII of 1972.
13. That there are absolutely no grounds for granting the relief prayed for by the plaintiff and the suit is liable to be dismissed
with costs.
Place: …….. AB
Date: …….. Defendant
Through
Advocate
Verification
I, AB, he aforesaid, defendant, do hereby verify the contents of paragraphs …… and …….. of the above written statement are true to
my personal knowledge and the contents of the paragraphs ………. And ……., I believe to be true on information received.
Signed and verified this …… day of . 20.. ….., at ……
AB
Defendant
Index
Interlocutory Application: “Interlocutory” (Decree or judgement) means supplemental
proceedings that do not decide the cause but which only settles some intervening matter
relating to the cause. After the suit is instituted by the plaintiff and before it is finally disposed
off, the court may make interlocutory orders which may be just and convenient. Example:
Applications for appointment of Commissioner, Temporary Injunctions, appointment of
Receivers, payment into court, security for cause etc.

Original Petition: Suits are filed to lodge money claims in civil courts working under District
OTHER Courts while petitions are filed in High Courts which are above District Courts seeking some
directions against the opposite party; mostly the Government. After judgment in suit or

IMPORTANT petition, then any aggrieved party can challenge it by filing appeal in the higher court which is
called as Appeal but often in some court it is termed as Letters Patent Appeal (LPA) & as

TERMS Special Leave Petition (SLP) in Supreme Court.

Affidavit: An affidavit is a sworn(pledged) statement in writing made specially under oath

before an authorized officer which may also be ordered by Court in some cases to prove any
fact or that the affidavit of any particular witness may be read at the hearing, provided that
the Court may order the deponent to appear in person in Court for cross-examination. In the
verification it must be specified as to which portions are being sworn on the basis of personal
knowledge and which, on the basis of information received and believed to be true. In the latter
case, the source of information must also be disclosed.
 Overview

AFFIDAVIT AND EXECUTION PETITION

Affidavit: An affidavit is a sworn(pledged) statement in writing made specially
under oath before an authorized officer which may also be ordered by Court in
some cases to prove any fact or that the affidavit of any particular witness may be
read at the hearing, provided that the Court may order the deponent to appear in
person in Court for cross-examination. In the verification it must be specified as to
which portions are being sworn on the basis of personal knowledge and which, on
the basis of information received and believed to be true. In the latter case, the
source of information must also be disclosed.

1. Points to be kept in mind while drafting Affidavit

2. Draft of an Affidavit
3. Specimen of an Affidavit
4. Execution Petition
5. Contents of Execution Petition
 POINTS TO BE KEPT IN MIND FOR AFFIDAVIT Index
• The person making the affidavit and the persons or places referred to in the affidavit should be correctly and fully described in the
affidavit;
• An affidavit should be drawn up in the name of the first person;
• An affidavit should be divided into paragraphs, numbered consecutively, each paragraph should be confined to a distinct portion of the
subject;
• When the declarant speaks of any fact he must use the words “I affirm” or “I make oath and say”;
• Affidavit should generally be confined to matters within the personal knowledge of the declarant, and if any fact is within the personal
knowledge of any other person and the petitioner can secure his affidavit about it, he should have it filed. But in interlocutory
proceedings, he is also permitted to verify facts on information received, using the words “I am informed by so and so” before every
allegation which is so verified. If the declarant believes the information to be true, he must add “and I believe it to be true” or “I make
oath and say”.
• Not a single allegation more than is absolutely necessary should be inserted;
• When the application or opposition thereto rests on facts disclosed in documents or copies, the declarant should state the source from
which they were produced, and his information and belief as to the truth of facts disclosed in such documents;
• The affidavit should have the following oath or affirmation written out at the end: “I swear that this my declaration is true, that it
conceals nothing, and that no part of it is false”. (or) “I solemnly affirm that this my declaration is true, that it conceals nothing and that
no part of it is false”. Any alterations in the affidavit must be authenticated by the officer before whom it is sworn. An affidavit has to be
drawn on a non-judicial Stamp Paper as applicable in the State where it is drawn and sworn.
• An affidavit shall be authenticated by the deponent (person making the oath) in the presence of an Oath Commissioner, Notary Public,
Magistrate or any other authority appointed by the Government for the purpose.
• Affidavits are chargeable with stamp duty under Article 4, Schedule I, Stamp Act, 1899. But no stamp duty is charged on affidavits filed
or used in Courts. Such affidavits are liable to payment of Court fee prescribed for the various Courts.
 Index
DRAFT OF AN AFFIDAVIT IN THE (HIGH) COURT OF……………
In the matter of ……..

I, A.B., aged………… years, son of Shri…………… resident of……………………, do hereby on oath (or on
solemn affirmation) state as follows:
1. Name of the court 1. That the
2. Description of the matter 2. That in proof of the aforesaid statement I attach hereto the documents marked A, B
and C.
3. The name, age, residence of the 3. That ….
person making the oath 4. That this my affidavit is true and, that it conceals nothing and no part of it is false.
4. The statements starting with “state Sd/- A.B.
as follows” followed by the points to Dated
be verified
Deponent
5. Reference to the documents Verification
attached I, the abovenamed deponent, verify that the contents of paragraphs 1 to 4 of this affidavit are
true to my personal knowledge. Sd/- A.B.
6. Date Dated……………………
7. Signature of the Deponent I,……………………S/o…………………R/o…………………………declare, from a perusal of the papers
8. Verification by the deponent (oath produced by the deponent before me that I am satisfied that he is Shri A.B.

maker) Sd/-……………………
9. Verification by the Authority Solemnly affirmed before me on this…………………… day of…………………… 20...... of……………………
(time) by the deponent.
certifying the Oath
10. Signature of the Authority
Sd/-……………………
(Oath Commissioner)
 Specimen Affidavit of Creditor in proof of his debt in Proceeding for the Liquidation of a Company
IN THE (HIGH) COURT OF………………………………………… Index
In the matter of Companies Act, 1956
And
The matter of the liquidation of…………………… Company Limited.
I, A.B., aged………… years, son of Shri…………… resident of……………………, do hereby on oath (or on solemn affirmation) state as follows:
1. That the above named company was on the…………… day of………………, 20...., the date of the order for winding up the same, and still is
justly and truly indebted to me in the sum of Rupees……………………… (Rs……………………) only in account of (describe briefly the nature of the
debt).
2. That in proof of the aforesaid debt I attach hereto the documents marked A, B and C.
3. That I have not, nor have any person or persons by my order or to my knowledge or belief for my use, received the aforesaid sum
of Rupees……………… or any part thereof, or any security or satisfaction for the same or any part thereof except the sum or security (state the
exact amount of security).
4. That this my affidavit is true and, that it conceals nothing and no part of it is false.
Sd/- A.B.
Dated
Deponent
Verification
I, the abovenamed deponent, verify that the contents of paragraphs 1 to 4 of this affidavit are true to my personal knowledge. Sd/- A.B.
Dated……………………
I,……………………S/o…………………R/o…………………………declare, from a perusal of the papers produced by the deponent before me that I am satisfied
that he is Shri A.B.
Sd/-……………………
Solemnly affirmed before me on this…………………… day of…………………… 20...... of…………………… (time) by the deponent.
Sd/-……………………
(Oath Commissioner)
 Index

EXECUTION PETITION
PETITION TO THE COURT FOR THE EXECUTION OF ANY DECREE OR ORDER

Application for execution of a decree shall be made by a holder of a decree

who desires to execute it to the appropriate court (either the one which passed it or
to which the decree has been sent for execution)or to the officer appointed in this
behalf. Application is of two types:
1. Oral Application- Where a decree is for payment of money the court may on the
oral application of the decree holder at the time of the passing of the decree, order
immediate execution thereof by the arrest of the judgement debtor, prior to the
preparation of a warrant if he is within precincts of the court.
2. Written Application: Every application for the execution of a decree shall be in
writing, signed and verified by the applicant and shall contain in a tabular form all
the required particulars,
A certified copy of the Decree may be required by the court.
Every application for the execution of a decree shall be in writing, signed, verified by the applicant and shall contain

Index
No. of the suit, the name of the parties, the date of the decree and the amount of costs
awarded

the name of the person against whom execution of the decree sought, whether any
appeal has been preferred from the decree

1.the mode in which the assistance of the court is required, whether by delivery,
attachment, sale or sale without attachment of any property, arrest and detention of any
person, as the nature of the relief granted may require.

Any previous applications made for the execution of the decree, the dates and results of
such applications, whether any payment has been made between the parties

the amount with interest(if any), or relief granted, whether passed before or after the
date of the decree
 Overview

APPEALS

1. Memorandum of Appeals
2. Types of Appeals
3. Appeals to the Supreme Court
4. Format of an Appeal
5. Grounds of an Appeal
6. Specimen Draft of an Appeal
 Memorandum of Appeals
• The word “Appeal” has not been defined in the Index
Code of Civil Procedure, 1908.
• Any application by a party to an appellate First Appeals
Court, asking it to set aside or revise a decision
of a subordinate Court is an “Appeal”. • Appeal from original degree
• An Appeal cannot be filed unless so provided
for under the statute and when a law authorizes • Made to the Appellate Court
filing of an appeal, it can impose conditions as • On both Question of Facts and law
well.
• It is for the appellant to show that the statute
gives a right of appeal to him. Second Appeals

• Appeal from the decree of Appellate

Court
• Made to the High Court
Types of
Appeals • Only on Question of Law
Appeals to
the
Appeal from
Supreme
Orders Memorandum of appeal contains the grounds
Second Court on which the judicial examination is invited.
First Appeal Appeal
 TYPES OF APPEALS Index
Particulars First Appeal Second Appeal Appeals from Orders Appeal to the Supreme
Court
Made The decree of Court every decree passed in any - Against the decree of
against exercising original appeal by a Court subordinate High Court
jurisdiction to the High Court

Made to the Court authorised to the High Court - The Supreme Court (the
hear appeals from the highest court)
decisions of former Court

involves Points on both Question Only points on Substantial Orders on grounds substantial question of
of Fact or Law question of law of defect or law of general
irregularity of law importance
Additional _ • Any appeal withdrawn Taken against order Taken only if the High
Points previously cannot be • Allowance of Court certifies: that the
restored special costs case involves a
• HC may determine any issue • Refusing leave to substantial question of
which was not or wrongly institute a suit law of general
determined previously • Compensation importance that needs to
for obtaining be decided by the
asset Supreme Court.”
• Imposing of fine,
orders of arrest
 Appeals to the Supreme Court Index

Appeals in Constitutional cases : if the High Court certifies under Article 134A that the case
involves a substantial question of law as to interpretation of the Constitution.
Articles 132 to 135
of the Constitution
Appeals in civil cases : It should be a “judgement, decree or final order” of a High Court and
deal with ordinary
shall involve a substantial question of law.
appeals to the
Supreme Court:
Appeals in criminal cases: The Supreme Court has been constituted a Court of criminal appeal
in exceptional cases where the demand of justice requires interference by the highest Court
of the land. Certification of HC is not required in these cases.

In appeals, the
parties are not
entitled to produce When the party seeking The Appellate Court
additional evidence, When the lower Court to produce additional requires any document
but the Appellate has refused to admit evidence establishes to be produced or any
Court has discretion evidence which ought to that he could not witness to be examined
to allow additional have been admitted produce it in its trial to enable it to
evidence in the Court for no fault of his pronounce judgement
following
circumstances:
 • Court Name
• Suit No.
FORMAT OF AN • Name of the Appellant
APPEAL • Name of the other party (whether plaintiff or
defendant)
• An introductory statement (the number and date of
decree, the court which passed it, and the name of the
presiding officer)
An appeal may be divided into three • Grounds of Appeal
parts:
1. formal part, known as the • Reliefs to be sought
memorandum of appeal, • Signature- A memorandum of appeal need not be
2. material part, grounds of appeal, and signed by the appellant himself. It may be signed by him
3. relief sought for. or by his counsel but if there are several appellants and
they have no counsel, it must be signed by all of them.
It is not required to be verified.

Index
 GROUND OF APPEALS Index

The grounds of appeal be given under the heading “Grounds of Appeal”. The grounds of appeal are the grounds on which the decree or the
order appealed from is objected to or attacked. As a general rule, in the grounds of appeal, the following points may be raised:
• any mistake committed by the lower Court in weighing the evidence;
• any mistake in the view of law entertained by the lower Court;
• any misapplication of law to the facts of the case;
• any material irregularity committed in the trial of the case;
• any substantial error or defect or procedure;
• and the defect, error or irregularity of any inter-locutory order passed in the case, whether the same was appealable or not.
A ground taken but not pressed in the first Appellate Court cannot be revived in second appeal. A defendant can question the propriety of
ex parte proceedings in an appeal from the decree.
The general rule, besides being subject to Section 100 of the Code, is also subject to two conditions:
1. that the mistake of the lower Court should be material i.e., it should be such as affects the decision, and
2. that the objection taken must be such as arises from the pleadings and evidence in the lower Court.
Points for drafting “Grounds of Appeals”
1. Grounds of objection should be written distinctly and specifically;
2. They should be written concisely;
3. They must not be framed in a narrative or argumentative form; and
4. Each distinct objection should be stated in a separate ground and the grounds should be numbered consecutively.
 SPECIMEN FORMAT OF AN APPEAL Index
IN THE HIGH COURT OF…………………… AT……………………
CIVIL APPELLATE JURISDICTION
REGULAR CIVIL APPEAL NO…………………… OF
IN THE MATTER OF:
A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act and having its registered
office………………………
Appellant
Versus
M/s…………………… a partnership concern (or XYZ company Ltd., a company incorporated under the Companies Act and having its
registered office at……………………)…
Respondents
May it please the Hon’ble Chief Justice of the High Court of…………………… and his Lordship’s Companion Justices,
The appellant-company
“Appeal from the decree of…………………… Civil Judge of…………………… at…………………… in Suit No…………………… passed on
the……………………”.

MOST RESPECTFULLY SHOWETH:

1. That the appellant herein is a company duly registered under the provisions of the Companies Act , 2013 and the registered
office of the appellant is at…………………… and the company is engaged in the business of manufacturing……………………
 SPECIMEN FORMAT OF AN APPEAL Index
2. That the respondents who are also doing business of selling goods manufactured by the appellants and other manufacturers
approached the appellant for purchasing from the appellant-company the aforesaid manufactured goods. An agreement was
reached between the parties which were reducing into writing. The appellant supplied goods worth Rs. 15 lacs over a period of
…………………… months to the respondents. A statement of account regarding the goods so supplied is annexed hereto and marked as
ANNEXURE A-1.
3. That the respondents have made a total payment of Rs. 6 lacs on different dates. The statement of the said payments made by
the respondents is appended and is marked as ANNEXURE A-2.
4. That the remaining amount has not been paid by the respondent despite repeated demands and issuance of a legal notice by the
appellant through advocate.
5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs together with interest at the rate of 12%
per annum and the cost of the suit. The suit was filed on…………………… in the court of the learned District Judge.
6. That upon being summoned by the said court the respondents appeared through counsel and filed their written statement to
which appellant-plaintiff also filed replication.
GROUNDS
A. That the judgement and decree under appeal are erroneous both on facts as well as law.
B. That the learned trial court has failed to properly appreciate the evidence, and has fallen into error in not finding
that the preponderance of probability was in favour of the plaintiff-appellant.
C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit and the defendant-
respondent has failed to effectively rebut the plaintiff’s evidence, more particularly the documentary evidence.
 SPECIMEN FORMAT OF AN APPEAL Index

D. ……………………
8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at ₹…………………… and the requisite court fee is
appended to this memorandum of appeal.
9. That this appeal is being filed within the prescribed period of limitation, the judgement and decree under appeal having been
passed on…………………

In the above facts and circumstances the appellant prays that this appeal be allowed, the judgement and decree under appeal be set
aside and the decree prayed for by the appellant in his suit before the court below be passed together with up-to-date interest and
costs of both courts.
APPELLANT
(………)
VERIFICATION
Verified at…………………… on this, the…………………… day of…………………, 20..... that the contents of the above appeal are correct to the
best of my knowledge and belief and nothing material has been concealed therefrom.
THROUGH
APPELLANT
 Overview

OTHER MISCELLANEOUS
CONCEPTS

1. Revision – Format of Revision

2. Complaint
3. Criminal Miscellaneous Petition and Bail
• Criminal Miscellaneous Petition Draft
• Bail Application
4. First Information Report (FIR)
5. Specimen Draft of FIR
 REVISION Index
Revision is the process of examination of an order of a lower court by a higher court, so as to rectify any improper exercise of judicial
power. Section 115 of the Code of Civil Procedure, 1908 lays down:
(1) The High Court may call for the record of any case which has been decided by any Court sub-ordinate to such High Court and in
which no appeal lies thereto, and if such sub-ordinate Court appears:
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the
case as it thinks fit:
Provided that the High Court shall not, under the Section, vary or reverse any order made, or any order deciding an issue, in the
course of a suit or other proceeding, except where:
(a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other
proceeding; or
(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was
made.
(2) The High Court shall not, under this Section vary or reverse any decree or order against which an appeal lies either to the High
Court or to any Court subordinate thereto.”
Section 115 of the Code of Civil Procedure, 1908 provides for the remedy of revision. In a case where an appeal does not lie against a
final order the aggrieved party can file a revision before the High Court (and no other court). There are certain orders passed by the
Civil Courts subordinate to the High Court against which the remedy of appeal is not available, even through such orders finally
decide an important question involved in the suit or substantially affect the right or interest of a party to the suit. In such cases the
High Court can entertain a revision and quash or modify the order of the court below.
 REVISION Index
SPECIMEN FORM OF REVISION
In the High Court of……………………
Civil Appellate Jurisdiction
Civil Revision No…………………… of 20.....
IN THE MATTER OF:
ABC S/o……………..... R/o………………………………………… Petitioner
Versus
XYZ S/o.........................R/o…………………………………………… Respondent
AND
IN THE MATTER OF:
CIVIL REVISION AGAINST THE ORDER DATED…………………… PASSED BY THE LEARNED SUB-JUDGE, IST CLASS…………………… IN THE SUIT ENTITLED ABC -
VS.- XYZ (CIVIL SUIT NO. …………………… OF 2013)
May it please the Hon’ble Chief Justice, High Court of…………………… and his companion Justices.
The petitioner most respectfully showeth:
A. 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 Ist Class…………………… and the next date of hearing is……………………
B. 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.
In the facts and circumstances discussed above the petitioner prays that this Hon’ble Court be pleased 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.
[Affidavit to be filed in support of the fact that the contents of the accompanying revision petition are true and correct to the best of the deponent’s
knowledge and that nothing has been kept back or concealed].
 Index
COMPLAINT

Complaint under section 2(d) of the Criminal Procedure Code means any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Code that some person, whether known or unknown, has
committed an offence, but it does not include a police report. In fact, the definition gives the requisites of the
complaint.

Report made by the police officer in a case which discloses after investigation, the commission of a non-
cognizable offence shall be deemed to be a complaint, and the police officer making the report to be deemed as a
complainant.

In general a complaint into an offence can be filed by any person except in cases of offences relating to marriage,
defamation and offences mentioned under Sections 195 and 197.

The facts which are connected with the incident and which can prove involvement of the accused in the offence
have to be stated in the complaint. The complaint must disclose the names of the witnesses of the offence.
 Index
Criminal miscellaneous petition
• The filing of Criminal Miscellaneous Petition will start even BAIL
before registering the case by way of anticipatory bail
application. • Bail means the release of the accused from the custody of
• When a petition is filed seeking interim relief in criminal cases, the officers of law and entrusting him to the private
it is registered as Criminal Miscellaneous Petition. custody of persons who are sureties to produce the
accused to answer the charge at the stipulated time or
• Once the Petition is filed, primary duty of the Court is to see date.
whether the relief sought is provided under Criminal • Bail is liberty to the accused to remain at large till the
Procedure Code or not and If provided, the Petition shall be investigation, inquiry and trial is over. And to be given only
called in Public Court by assigning a particular miscellaneous in bailable offences. Section 437 of Cr.P.C. deals with non-
number and notices shall be ordered to the opposite party. bailable cases. When any person accused of, or suspected
Having heard both the parties, a speaking order has to be of, the commission of any non-bailable offence is arrested
pronounced. or detained without warrant or appears or is brought
before a Court such person may be released on bail by the
Court under section 437 (1) Cr.P.C.
• An “anticipatory bail” is granted by the High Court or a
Petition Memo Court of Session in non-bailable offence, to a person who
apprehends arrest for having committed a non-bailable
offence but has not yet been arrested (Section 438). An
• Memo is bringing a fact to • Petition is filed requiring opportunity of hearing must be given to the opposite
notice before a Court of some relief from the court party before granting anticipatory bail
Law • a notice to opposite party is
• No relief can be sought. No mandatory
order be passed on Memo.
 CRIMINAL MISCELLANEOUS PETITION Index
Specimen Petition by Wife under section 125, Cr.P.C. 1973 for Maintenance
In the Court of ........ ... Judicial Magistrate 1st Class
Case No. ………… under s. 125, Cr.P.C.
Petitioner W (wife) Opposite Party H (husband)
Daughter of........... versus Son of...............................
Village .................... Village...............................
Thana .................... Thana ................................
Occupation............ Occupation........................
In the matter of petition for maintenance of petitioner W from the husband H under S.125, Cr.P.C.
The humble petition of W (wife), the petitioner above-named
Most respectfully Sheweth:
1. Your petitioner W is the married wife of the opposite party. The marriage between them was solemnized according to the Hindu rites on ……………
at
2. The opposite party H is a clerk on the staff of AB & Co. Ltd. holding a responsible position and drawing salary of Rs. 15,000 per month.
3. The opposite party severely assaulted the petitioner on .......... and drove her away from the matrimonial house on ............. in presence of several
gentlemen of the locality.
4. That the opposite party leads a life of drunkenness and debauchery. He is besides a man of uncertain temperament and would fly into rage in
season and out of season without any reason whatsoever. He has lost all sense of decorum and would use extremely filthy language.
5. Your petitioner after being driven out of the house by the opposite party came over to her father’s place on the same day and has been staying at
father’s house.
6. The opposite party was served with a pleader’s notice to send your petitioner Rs. ............................... every month for her maintenance but with
no result. Having regard to the violent temper of H and his inhuman way of beating your petitioner she does not venture to go back to the place of
the opposite party.
Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite party and after taking evidence of both sides be
pleased to order the opposite party to pay the petitioner maintenance at the rate of Rs. ............................... per month. Remaining same like before.
Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite party and after taking evidence of both sides be
pleased to order the opposite party to pay the petitioner maintenance at the rate of Rs. ............................... per month.
And your petitioner, as in duty bound, shall ever pray.
................... Petitioner
...................Through
Advocate AB
AFFIDAVIT
I, W daughter of MN resident at ……… do hereby solemnly affirm and say as following:
1. I am the petitioner above-named and I know the facts and circumstances of the case and I am able to depose thereto.
2. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to my knowledge and that I have not suppressed any
material fact.
Solemnly affirmed by the said
Mrs. W on the …….. day of ……. 20............... in the Court House at .......................................
Before me
Oath Commissioner / Notary / Magistrate.
Index
 BAIL APPLICATION Index
Specimen Bail Application under Section 437, Cr.P.C. 1973
In the Court of............... Magistrate ......
................... State ...................
Versus
Accused AB son of TZ, Aged: ............. R/o ...................
Police Station: ............................................................
FIR No.: ............................................................
In the matter of petition for bail of accused AB, during police enquiry
The humble petition of AB the accused above-named
Most respectfully sheweth:
1. That your petitioner was arrested by the police on 5th March 20..... on mere suspicion. That nearly a month has passed after the arrest
but still the Investigating Police Officer has not submitted a charge-sheet.
2. That your petitioner was not identified by any inmate of the house of CM where the burglary is alleged to have taken place, nor was any
incriminating article found in his house. .
Your petitioner prays that your Honour may be pleased to call for police papers and after perusing the same be pleased to direct the
release of your petitioner on bail. And your petitioner, as in duty bound, shall ever pray.
................... Petitioner
...................
Through
Advocate AB
 Index
BAIL APPLICATION… CONTINUATION
Verification
I, AB, son of TZ, residing at................ by occupation business, do hereby solemnly affirm and say as follows:
1. I am the petitioner above-named. I know and I have made myself acquainted with the facts and circumstances of the case and I am
able to depose thereto.
2. The statements in paragraphs 1 to 5 of the foregoing petition are true and correct to my knowledge and belief.
3. I sign this verification on the .................. day of .................. 20......
Solemnly affirmed by the said AB on ................................... at the Court
House at......................... AB
Before me
Oath Commissioner / Notary / Magistrate.
 Index
FIR (FIRST INFORMATION REPORT)
Section 154 Cr.P.C 1973 deals with information in cognizable cases. Section 154 reads:
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced
to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to
writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in
such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under Sub-section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in Sub-section (1)
may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such
information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by
any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of
the police station in relation to that offence.
In Lallan Chaudhary and Ors v. State of Bihar, AIR 2006 SC 3376, the Supreme Court held that section 154 of the Code thus casts a statutory duty
upon police officer to register the case, as disclosed in the complaint, and then to proceed with the investigation. The mandate of Section 154 is
manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station, such police officer has
no other option except to register the case on the basis of such information. Genuineness or credibility of the information is not a condition
precedent for registration of a case. That can only be considered after registration of the case. [Ramesh Kumari v. State (NCT of Delhi) and Ors,
2006 Cri.LJ 1622].

If the officer refuses to record such

Summary

Information of a Cognizable Offence It is mandatory for the police officer

info, then the aggrieved person may
to be read by any person and to register the case (cognizable
send write it to the Superintendent
recorded in writing by the Officer-in- offence) and proceed for
of Police, thereafter an investigation
charge investigation as per Sec 154 of Cr.P.C
to be made on his satisfaction.
 SPECIMEN OF FIR (FIRST INFORMATION REPORT) Index
To
The Officer-in-Charge
.......................... (Name of the Police Station)
Sir
This is to inform you that my cycle has been stolen from the cycle stand in the daily market last evening. Last evening, before I went to the market, I placed my
green model Hero Cycle in the cycle stand No. 1 as usual. I had locked the cycle. The cycle bears the No. ......................... I had bought it only a month ago and it
was almost new. The cycle had a full gear case, a carrier and a side basket. When such mishap occurred I was buying vegetables in the market. I asked
everybody who were present there about the cycle. It was all in vain.
I request you to kindly register a case of theft and initiate the necessary investigation to recover the stolen cycle.
Yours faithfully,
______ (Your Name)
Application under Section 156 (3) Cr.P.C.
In the Court of Chief Judicial / Metropolitan Magistrate at ……………..
Complainant Accused
‘X’ (1) “Y”
W/o S/o ………
D/o (2) “Z”
At present residing at her father’s place, S/o ……….
At ……………………………… all of ………..
Distt. ….P.S. …… District ….
Witnesses: (1)……. (2) …………..
 SPECIMEN OF FIR (FIRST INFORMATION REPORT) Index
Under section 498 A/406 of the Indian Penal Code
The complainant above-named begs to state as follows:
1. The complainant was married to the accused no. 1 ……(Name) according toHindu rites and customs at her father’s place at ……(Place) P.S.
2. That at the time of the marriage the father of the complainant apart from arranging for a large gathering gave in stridhan gold ornaments worth
Rs. ………, a Swift car worth Rs. ………. and ………(mention all other items)
3. That after marriage the complainant was first taken to her matrimonial home where the in-laws were residing and after spending a month
complainant and accused (1) and (2) were shifted to …………..
4. That after six months of the marriage, the complainant was subjected to mal treatment, both physically and mental at the hands of accused (1)
and encouragement of the accused (2) for demand of dowry of Rs. 20 lacs. Having failed to meet such demand she was tortured continuously and
torture by accused (1) and (2) were unabated.
5. That the offence under section 498 –A, Indian Penal Code is a continuing offence and on some occasions both accused (1) and (2) had taken part
in inflicting tortures on the complainant and on other occasion accused (1), husband had taken part of the said offence and as such ……….. (P.S.) has
jurisdiction to investigate into the matter under Clause (C) of Section 178 of the Cr.P.C. and this Court has jurisdiction to try this case.
6. That there is prima facie case under sections, 498 A/406 of the Indian Penal Code against all the accused persons.
7. That the incident was reported to the ………..(P.S.), they did not take any action against the accused and refused to report a FIR against them,
hence the Complaint is filed in this Hon’ble Court.
Prayer:
It is therefore, prayed that the complaint be forwarded to the Officer-in-charge,………… (P.S.) to investigate the matter and to lodge an FIR in the
above case and report may be called from the SHO …… (P.S.) under Section 156 (3 of Cr.P.C.) in the interest of Justice.
Sd. Complainant
Through Counsel
 Overview
ORDERS AND RULES
• Order II Rule 2 (3)-Suit to include the whole claim: A plaintiff is entitled to claim more than one relief in respect of
the same cause of action should sue for all of them because he is debarred from bringing a fresh suit in respect to the
omitted relieves except when the omission in the first suit was with the permission of the court.
• Order IV Rule 3-Institution of Suits: “every suit shall be instituted by presenting a plaint in duplicate to the Court or
such officer as it appoints in this behalf”.
• Order VI Rule 1-“Pleading” shall mean ‘plaint’ or ‘written statement’
• Order VI Rule 2-Pleading to state material facts and not evidence: Every pleading shall contain, and contain only a
statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the
case may be, but not the evidence by which they are to be proved.
• Order VI Rule 6-Condition Precedent: Any condition precedent, the performance or occurrence of which is intended
to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant. But where a party chooses to
contest the performance or occurrence of such condition, he is bound to set-up the plea distinctly in his pleading.
• Order VI Rule 10-Malice, knowledge, etc: wherever it is material to allege malice, fraudulent intention, knowledge or
other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the
circumstances from which the same is to be inferred.
 ORDERS AND RULES

• Order VI Rule 11-Notice: wherever it is material to allege notice to any person of any fact, matter or thing, it shall be
sufficient to allege such notice as a fact unless the form or the precise terms of such notice or the circumstances from
which such notice is to be inferred, are material.
• Order VI Rule 12-Implied contract, or relation: wherever any contract or any rotation between any persons is to be
implied from a series of letter or circumstances, it shall be sufficient to allege such contract or relation as a fact, and
to refer generally to such letters conversations or circumstances without setting them out in detail.
• Order VI Rule 13-Presumptions of Law: neither party need in any pleading allege any matter of fact which the law
presumes in this favour or as to which the burden of proof lies up on the other side unless the same has first been
specially denied.
• Order VI Rule 14-Pleading to be signed: the pleading shall be signed by the party and his pleader (if any).
• Order VI Rule 15-Verification of Pleadings: Affidavit should also be enclosed with plaint. The court is bound to see
in every case that the pleadings are verified in the manner prescribed and that verifications are not mere formalities.
• Order VI Rule 17- Amendment of pleadings— The Court may at any stage of the proceedings allow either party to
alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be
made as may be necessary for the purpose of determining the real questions in controversy between the parties.
• Order VII Rule 1. –Contents of Plaint
 ORDERS AND RULES

• Order VII Rule 7-Relief to be specifically stated: Every plaint shall state specifically the relief which the plaintiff
claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may
always be given as the Court may think just to the same extent as if it had been asked for.
• Order VII Rule 14- Production of document on which plaintiff sues: All documents on which the plaintiff relies for
his claim should be enclosed with a separate List of Documents.
• Order VIII Rule 1-Written Statement: when a suit has been duly instituted, a summons may be issued to the
defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days
from the date of service of summons on that defendant.
• Order VIII Rule 5-Specific Denial: Every allegation of fact in the plaint, if not denied specifically or by necessary
implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as
against a person under disability
• Order VIII Rule 6-Particulars of set-off to be given in written statement: Any independent counter claims which is
not exactly set off but falls under some other statute which is not permitted to be pleaded by the courts but when the
.defendant files such counter claims, the written statements is treated as a plaint.
• Order XIX Rule 3-Matters to which affidavits shall be confined: An affidavit should be confined to such facts as the
depondent is able of his own knowledge to prove, except on interlocutory application, on which statements on his
belief may be admitted; provided that the grounds of such belief are stated.
 Overview
CASE LAWS
• Ratti Lalv. Raghu AIR 1954 VP 53- Material facts are those facts which a plaintiff must allege in order to show a right
to sue or a defendant must allege in order to constitute his defence.
• It must be borne in mind that the denial has to be specific and not evasive. [1986 Rajdhani Law Reporter 213; AIR
1964 Patna 348 (DB), AIR 1962 MP 348 (DB); Dalvir Singh Dhilowal v. Kanwaljit Singh 2002 (1) Civil LJ 245 (P&H);
Badat & Co v. East India Trading Co. AIR 1964 SC 538]. However, general allegation in the plaint cannot be said to be
admitted because of general denial in written statement. [Union v. A. Pandurang, AIR 1962 SC 630.]
• If the plaint has raised a point/issue which is otherwise not admitted by the opposite party in the correspondence
exchanged, it is generally advisable to deny such point/issue and let the onus to prove that point be upon the
complainant. In reply, one has to submit the facts which are in the nature of defence and to be presented in a concise
manner. [Syed Dastagir v. T.R. Gopalakrishnan Setty 1999 (6) SCC 337.]
• The reply to each of the paras of the plaint be drafted and given in such a manner that no para of the plaint is left
unattended. The pleadings are foundations of a case. [Vinod Kumar v. Surjit Kumar, AIR 1987 SC 2179.]
• It may be noted that if the plaint or reply is not filed by a duly authorised person, the petition would be liable to be
dismissed [Nibro Ltd . v. National Insurance Co. Ltd., AIR 1991 Delhi 25; Raghuvir Paper Mills Ltd. v. India Securities
Ltd. 2000 Corporate Law Cases 1436]. However, at the time of filing of petition, if the pleadings are signed by a
person not authorised, the same could be ratified subsequently [United Bank of India v. Naresh Kumar, AIR 1997 SC
2.]
 CASE LAWS
• It may be noted that if any of the important points is omitted from being given in the reply, it would be suicidal as there
is a limited provision for amendment of pleadings as provided in Order 6, Rule 17 CPC, and also the same cannot be
raised in the Affidavit-in-Evidence at the time of leading of evidence. Because if any point has not been pleaded in the
pleadings, no evidence could be led on that point. General rule is that no pleadings, no evidence. [Mrs. Om Prabha Jain
v. Abnash Chand Jain, AIR 1968 SC 1083; 1968 (3) SCR 111.]
• If a party is alleging fraud, undue influence or mis-representation, general allegations are insufficient even to amount to
an averment of fraud of which any court ought to take notice, however, strong the language in which they are couched
may be, and the same applies to undue influence or coercion. [Afsar Shaikh v. Soleman Bibi, AIR 1976, SC 163; 1976 (2)
SCC 142]. While pleading against fraud or misrepresentation, party must state the requisite particulars in the pleadings.
[K Kanakarathnam v. P Perumal, AIR 1994 Madras 247.]
• In every pleading, one must state specifically the relief which the party is claiming from the court or tribunal or forum.
While framing the prayer clause, one should claim all possible relief as would be permissible under the pleadings and the
law [Order 7, Rule 7 CPC]. The general principle is that the relief if not prayed for, will not be allowed. [R Tiwary v. B
Prasad, AIR 2002 SC 136.]
• No order to be passed on Memo (Held in a decision held in between Syed Yousuf Ali Vs. Mohd. Yousuf and Others
reported in 2016 (3) ALD 235)
 MYSELF

Who am I?
This is Monika. Just want to give a disclaimer that I am neither a Faculty nor a founder or member of any
Education Institute. I am a student just like you people.

Why am I here?
I am here to help CS students struggling with these theory subjects running into hundreds of pages. Also to help
people who study other courses also and do not have enough time to take classes. These are my first notes and I am
going to make for other chapters also. These notes cover almost all the important points of the Pleading Chapter.

What to do if you want other chapters also?

I have kept all my efforts to make these notes and would like to continue doing this for other chapters also to
help you all. All I need is your support friends and that is very simple. Just reach out to me on my new Instagram Page
(csselfhelp) or my mail ID ([email protected]). Once you text me there, I will start posting notes of other
chapters as well. I just want your reviews on my notes which will encourage me to make other chapters’ notes also.

THANK YOU SO MUCH