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IN THE COURT OF SENIOR CIVIL JUDGE

TIS HAZARI COURTS DELHI


SUIT No. 601 OF 2009

IN THE MATTER OF:

P ……. Plaintiff
Versus
D ……. Defendants

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER 8 RULE I OF THE


CIVIL PROCEDURE CODE 1908.
All the averments in the plaint are denied except which are expressly admitted here
under.
PRELIMINARY SUBMISSIONS
1. The suit is not maintainable either in law or on facts. That the present suit is
liable to be dismissed under order 7 rule 11 of the civil procedure code as the
plaint does not disclose a cause of action.
2. That this court is not having the territorial jurisdiction to try the present suit as
no alleged cause of action arose within the jurisdiction of this court and also the
defendant resides at the Kerala state. Therefore the present suit is liable to be
dismissed on the preliminary ground of territorial jurisdiction.
3. The plaintiff suppressed material facts before this Hon’ble court and the suit is an
abuse of process of law and deserves to be dismissed with costs to this
defendant.
4. The suit is barred by limitation.

PARAWISE REPLY ON MERITS


1. Para 1 of the plaint is matter of record and needs no reply.
2. The averments in para 2 of the plaint is incorrect and vehemently denied. The
plaintiff suppressed material facts. --------------
3. The averments in para 3 of the plaint is incorrect. There was no mutually agreed
between the plaintiff and the defendant. The plaint suffers from vague pleadings,
4. In reply to para 4 it is submitted that the money was due to the defendant from
the plaintiff. The averments in para 5 is incorrect and hence denied. There was
no agreed term between the plaintiff and the defendant. There was no financial
liability on the part of the defendant towards the plaintiff.
5. The averments in para 6 is incorrect and hence denied. The defendant has never
agreed to pay agreed to pay the alleged amount with interest. The averments in
para 7 is incorrect and hence denied. There was no money due to the plaintiff
from the defendant and there was no question of demand by the plaintiff and
failure of payment on the part of the defendant.
6. The averments in para 8 is incorrect and hence denied. The legal notice sent by
the plaintiff is an abuse of process of law. The legal proceeding initiated by the
plaintiff is on the basis of a bogus agreement and only with an intention to harass
the defendant.
7. The averments in para 10 of the plaint is incorrect and hence denied. No cause of
action had arisen as stated in the plaint. The dates mentioned in this para are
bogus and mentioned only with an intention to file a suit and to harass the
defendant.
8. The averments in para 11 of the plaint is incorrect and hence denied. This
Hon’ble court has no territorial jurisdiction to try this suit. Neither the defendant
actually and voluntarily resides, or carries business or personally works for gain
in Delhi nor the cause of action whole or in part arisen in Delhi. The fact that the
plaintiff resides and works for gain in Delhi does not confer jurisdiction to file a
suit in Delhi. No cheque was handed over to the defendant at Delhi.
9. The averment in para 12 is also incorrect and denied.
10. In respect of para 13 it is submitted that the suit is not valued properly and
therefore liable to be dismissed.
11. That the present suit is liable to be dismissed as no proper verification was done
by the plaintiff.
12. The plaint averments do not constitute any cause of action for the suit. The mere
issuance of a cheaque and collection of the same does not give rise to the cause of
action for realization of money. On this ground alone the suit is liable to be
dismissed.
13. The above suit is an abuse of process of this hon’ble court. The plaintiff filed the
present suit without any pleadings and suppression of material facts only to
harass the defendant and to wreck the personal vendetta. On this ground alone
the suit is liable to be dismissed with exemplary costs to this defendant.

In the above circumstances it is respectfully submitted that this hon’ble court


may be pleased to
a. Dismiss the above suit with costs to this defendant.
b. To pass such other orders as this hon’ble court may deem fit and proper in
the circumstances of the case.
DEFENDANT
Through Advocate
Place
Date

VERIFICATION

Verified on this the …………. day of 2009 at New Delhi that the contents of the above
written statement in para 4 to 32 are true and correct to my knowledge while those para
1 to 3 are true as per information received, last para is prayer to this Hon’ble court.

DEFENDANT
IN THE COURT OF DEVENDER KUMAR JANGALA, SENIOR CIVIL JUDGE
TIS HAZARI COURTS DELHI
SUIT No. 601 OF 2009

IN THE MATTER OF:

P …….Plaintiff

Versus

D ……. Defendants
AFFIDAVIT
I, Mr. P S/o Mr. ………………………………….do hereby solemnly affirm and state as
follows.

1. I am the defendant in the above suit and thereby I am entitled to swear this affidavit.
2. I state the written statement is drafted by my counsel as per my instructions and the
averment made therein is true an correct.
3. I state that the verification is done by me after going through the written statement.
DEPONENT
VERIFICATION

Verified on this ….day of ……..2009 at………. that the contents of the above affidavit are
true and the correct and no material has been concealed there from.

DEPONENT
Signed before me on this …….2009 at ……..
S/d.. Advocate
IN THE COURT OF SHRI. P.S.TEJI, CIVIL JUDGE, TIZ HAZARI COURTS, DELHI

I.A. NO. ……… of 2007

IN

C.S No. 200 of 2007

………………….. ……..Petitioner/Defendant

Versus

M/s …………… ……...Respondent/Plaintiff

INTERLOCUTARY APPLICATION FILED UNDER ORDER 9 RULE 13 OF THE CODE OF


CIVIL PROCEDURE FOR SETTING ASIDE EX-PARTE DECREE.

1. The petitioner is the defendant in the above numbers suit. The petitioner is
acquainted with the facts and circumstance of the case.

2. Facts of the case in brief ……………………

3. Date of appearance, date of ex-parte order etc. in detail …………………….

4. Reasons for non-appearance ……………………………….

5. Reasons for setting aside the ex-parte decree ………………………………

6. The consequences if the order is not set aside …………………………..


PRAYER
1.

2.

3.

Dated this the day of …………Month ………….200…

Signature of the Counsel for the petitioner


IN THE COURT OF SHRI. P.S.TEJI, CIVIL JUDGE, TIZ HAZARI COURTS, DELHI

I.A. NO. ……… of 2009

IN

C.S No. 200 of 2007

IN THE MATTER OF :-

………………………….. ……..Plaintiff
Versus

M/s …………… ……..Defendants

AFFIDAVIT

I, ………………………, aged …… years, son of ………………………………, residing at ………………,


……………. State, presently at New Delhi do hereby solemnly affirm and state as follows:-

1. I am the …………. defendant in the above suit. I know the facts of the case and I am
competent to swear this affidavit.
2. I state that the petition is drafted by my counsel as per my instructions and the
averments made there in are true and correct.
3. I state that the verification is done by me after going through the petition
s/d.

DEPONENT

VERIFICATION
Verified on this day………….., month…………., 200… at New Delhi by the deponent
that the contents of the above affidavit are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

DEPONENT
SUIT FOR RECOVERY OF RS. ………………….

.
IN THE COURT OF THE …………………….

(Ordinary Original Civil Jurisdiction)

Suit No. ………………….2009

In the matter of :

A. B. C.

a body corporate incorporated and constituted ……..…..Plaintiff


under the Banking Companies
(Acquisition and Transfer of Undertakings)
Act, 1970 having its registered office at ……………

versus

D.E.F. ……………………. ……..…….. Defendants

Suit for recovery of Rs. ……… filed under Order VII Rule 1 CPC.

The plaintiff above named most respectfully Showeth:

1. That the Plaintiff is a body corporate duly constituted under the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its head
office at ………………………… inter alia its branch office at ……………………….., New
Delhi 110 003. Shri …………………… is the Principal Officer and constituted
attorney of the Plaintiff Bank and as such is well conversant with the facts and
circumstances of the present case. Shri ……………………….. has been duly
authorized by the Plaintiff, by virtue of power of attorney, to sign and verify the
plaint, applications, swear affidavits, institute suits, engage Advocates and to do
all other acts in connection therewith. Accordingly, the plaint has been verified
and has been instituted by the said Shri ………………………………….

2. That the Defendant No. 1 is a private limited company duly incorporated under
the Companies Act, having its registered office at ……………………, and inter alia
branch office at …………………………… Defendants No. 2 and 3 are the Managing
Director and Director of the Defendant No. 1 and they have personally
guaranteed the credit facility granted to Defendant No. 1.
3. That the Defendant No. 1 in the year ………………….. had purchased a
……………………………. Computer with accessories from ………………(for short
hereinafter referred to as ………………………), on deferred payment basis.
Therefore, the defendants in order to purchase the aforesaid computer
approached the Plaintiff with a request to accept Inland Usance Bills drawn by
Defendant No. 1 on Plaintiff payable to ……………………….. aggregating to an
amount of Rs. …………………….. The Plaintiff considered the aforesaid request of
the defendants sympathetically and agreed to accept the bills drawn by
defendant No. 1 and accordingly sanctioned Inland Usance Bills Acceptance
facility under the deferred payment guarantee scheme in the name of Defendant
No. 1 to the tune of Rs. ……………….

4. That in pursuance to the aforesaid sanction of Inland Usance Bills Acceptance


facility unde deferred payment guarantee scheme, the defendants No. 2 and 3, in
terms of Board Resolution dated ………………… of the Defendant No. 1, signed and
executed the following security documents on behalf of the Defendant No. 1 and
in favour of the Plaintiff on :

(a) Agreement of Counter Guarantee and Indemnity dated ……………………


(b) Agreement of Hypothecation of tangible moveable plant and machinery dated
………………………..
(c) Letter of Lien and Set Off dated ……………………….
(d) Irrevocable letter of authority dated …………………….. to debit the accounts of
Defendant No. 1.

(e) Letter of Undertaking dated ………………………. not to pay/receive any


guarantee/commission.
(f) Letter of Undertaking dated ……………………. not to incur expenditure or/invest
funds in other companies, declare or pay dividends without consent of the
Plaintiff.
(g) Letter of Declaration dated ………………………………..
(h) Letter of Declaration/Undertaking dated …………………………… to utilise the
advance for the purchase of computer only;

and delivered the same to the Plaintiff on the even date.

5. That the Defendant No. 1 agreed to provide with the Plaintiff Bank sufficient
funds atleast ……………………… days before the date of maturity of each bill to
enable the Plaintiff to make payment of the bills to the ICIM on the date of
maturity, and in the event of its failure: to do so, Defendant No. 1 agreed to pay
interest @ 7.5% per annum OBR with a minimum of 17.5% per annum with
quarterly rests plus penal rate 2% on overdue amount or at such other rate(s) as
notified to the defendants by the Plaintiff from time to time, to the Plaintiff from
the date of payment of such bills by the Plaintiff to ICIM, till the repayment by the
Defendants.

6. That as offered and agreed the Defendants No. 2 and 3 guaranteed the due
repayment of the amount due and payable by the Defendant No. 1 under the
aforesaid Inland Usance Bills Acceptance facility and have executed stamped joint
and several, personal and continuing Deed of Guarantee dated
…………………………………….. in favour of the Plaintiff, thereby undertaking to pay
the amounts due and payable by Defendants No. 1 in the account within two days
after demand in writing by the Plaintiff.

7. That pursuant to and in consideration of the execution of various security


documents as aforesaid Plaintiff accepted to Inland Usance Bills drawn by
Defendant No. 1 on the Plaintiff, aggregating to Rs. …………………… falling due for
payment on different dates (with instruction to pay to …………………………………. on
the respective due dates), details whereof are as under :

……………………. endorsed these bills of ……………………….. (for short hereinafter to


as …………………………..)

8. That the Defendant No. 1 contravened the various agreed terms of the security
documents and failed to maintain banking financial discipline and did not
deposit sufficient funds seven days before the maturity of each bill, for making
payment of the said bills with interest to the ………………………… Since the
Defendant No. 1 failed and neglected to deposit sufficient funds with the Plaintiff
before the maturity date of each bill, at the bills were paid by the Plaintiff on their
presentation by the ……………………….. on their maturity dates through their
Bankers.

9. That the defendants by executing letter of continuation and acknowledgement


dated ……………………. acknowledged and confirmed the sanction of the Inland
Usance Bills Acceptance facility, with the limit of Rs. ……………………….. besides
continuing the execution of the various security documents by them on
………………………

10. That the Plaintiff on each and every occasion, requested the Defendant No. 1 to
make the payment of the amount due and payable by the Defendant No. 1 under
the Inland Usance Bills Acceptance facility, but the Defendant did not pay any
heed to the requests of the Plaintiff, resulting in accumulation of huge amount.
After a great pursuation and chase-up of the Plaintiff. The Defendant paid a sum
of Rs. ……………………………….. on various dues last being on …………………………………
with part interest and commission in respect of the first five bills only as detailed
in Para 7 hereinabove. The Defendant did not make the payment in respect of the
amounts due and payable by them with interest and commission and other
charges in respect of the remaining five bills.

11. That the Plaintiff repeatedly requested the defendants to liquidate their
outstanding dues by making payment. The defendants did not pay any heed to
the aforesaid requests of the Plaintiff. Since the defendant failed and neglected to
make the payment to the Plaintiff despite his repeated requests, the plaintiff
through ……………………………. Advocate, served a legal demand notice dated upon
the defendants, calling them to make the payment of Rs. ………………… together
with interest @ 17.5% per annum with quarterly rests, w.e.f. ………………….. till
date of payment within seven days from the date of the notice, but the defendants
despite receipt of the legal demand notice, did not make the payment to the
Plaintiff, hence this suit.

12. That the defendants by executing the Deed of Hypothecation of Tangible


Moveable Plant and Machinery dated ………………… had hypothecated the
………………………… Computer with all other existing and indigenous machinery
installed or lying loose in their factory premises or godown at New Delhi or in
transit or anywhere else, in favour of the Plaintiff. In terms of the Deed of
Hypothecation, the Plaintiff is well within its rights and powers to seize, recover,
receive, appoint Receivers, or remove and/or sell by public auction or private
contract the hypothecated computer and plant and machinery in case of any
default in making payment by the defendants. Since the defendants have failed
and neglected to maintain the banking financial discipline, and they also did not
liquidate their dues by making the payment, the plaintiff is well within its rights
to sell the hypothecated ……………………………… to appropriate the sale-proceeds
thereof to recover its dues from the defendants.

13. That as on …………………….. the following sums -

S.No. Bill No. Date Bill Amount Amount due with


Commission and Interest

Are now due and outstanding against the defendant No. 1, which sum the
Defendants No. 1 to 3 being principal borrower and guarantors are jointly and
severally liable to pay to the plaintiff, together with future and pendent elite
interest.

14. That the cause of action for filing the present suit has firstly arisen in favour of
the Plaintiff and against the defendants on ………………. when the defendants
pursuant to the sanction of the Inland Usance Bills Acceptance facility, executed
the various security documents in favour of the Plaintiff. Thereafter, it arose on
……………. when the Plaintiff accepted Inland Usance Bills drawn by Defendant No.
1 on the Plaintiff. Thereafter, it arose on all the occasions when the defendants
failed to make the payment of the bills before the maturity date and the same
were paid on their respective maturity dates by the Plaintiff. It also arose on all
the occasions when the Plaintiff requested the defendants to make the payments,
and tile defendants failed to make tile payments. Finally, it arose on
………………….., when the plaintiff several legal demand notice on the defendants
and the defendants despite receipt of the same, have failed and neglected to make
the payment. The cause of action is continuing and still subsisting.

15. That this Hon’ble Court has got the pecuniary and territorial jurisdiction to try
this suit since all the parties to the suit have their offices and work for gain at
Delhi, within the territorial jurisdiction of this Court, and the cause of action has
also arisen at Delhi.
16. That the value of the suit for the purposes of court fee and pecuniary jurisdiction
is Rs. …………………. And accordingly a court fee of Rs. …………………………. Is paid
thereon.

PRAYER

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

(a) pass a joint and several decree in the sum of Rs. ……………….. together with
pendente-lite and future interest @ 19.5% per annum with quarterly rests, till
the realization of the decretal amount against the defendants and in favour of the
Plaintiff;

(b) order for sale of hypothecated ………………………… and all other existing and
indigenous machinery, lying at ………………………… and the sale proceeds thereof
may he ordered to be appropriated towards the decretal amount ;

(c) award entire costs of the proceedings;

(d) any other order which this Hon’ble Court may deem fit and proper may also be
passed in favour of the plaintiff and against the defendants.

Plaintiff

Through Constituted Attorney

Through Advocates
Place : ……………………….
Dated : ……………………….

VERIFICATION

I, …………………………… Constituted Attorney of tile Plaintiff do hereby verify that paras 1


to 13 of the above plaint are true in my knowledge, on the basis of information derived
from the records of the Plaintiff Bank, and those of paras 14 to 16 of the plaint are
believed by me to be true on the basis of legal advice sought. Lat para is a prayer to this
Hon’ble Court.

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

Plaintiff

Through Constituted Attorney


SUMMARY SUIT UNDER ORDER 37 OF CPC.

IN THE COURT OF………………………

(SUIT FILED UNDER ORDER 37 CPC.)

Suit No………………………2009

A.B.C………………… ….Plaintiff
Versus
D.E.F………………… ….Defendant

SUIT FOR RECOVERY OF RS……………… UNDER ORDER 37 CPC

Most respectfully Sheweth:

The plaintiff above named states as under:

1. That the plaintiff is a public limited company and registered with the Registrar of
Companies………….. under the Companies Act, 1956 (1 of 1956) and having its
registered office at …………….. The plaint is filed by Shri……….. who has been duly
authorized by a Resolution of the Board of Director of the company on
……………………. The copy of said resolution duly certified by the Secretary of the
company is annexed hereto and marked as Annexure…………….

2. That the company is presently engaged in the business of …………….

3. That the Defendant is a partnership firm and Defendant Nos. 2 and 3 are its
partners.
(set out herein facts of the case)

4. That the plaintiff after exhausting all the avenues available to it for realization of
the amount representing the hundies / cheques from the defendants, the plaintiff
ultimately sent a legal notice through its Advocate on ………………… demanding
payment of the amount representing the hundies / cheques as on date
amounting to Rs….. with interest at the rate of 24 per cent per annum till
payment of the said amount. The said legal notice had been duly served on the
defendant. The copy of the legal notice as well as the acknowledgement. Due
received back are annexed hereto and collectively marked as Annexure………

5. The despite assurances given by the defendants. The defendants have failed to
make payment of the amounts as per the hundies / cheques amounting to
Rs……………… The hundies / cheques are annexed hereto and marked as
Annexure………
6. That the defendants are liable to pay jointly and severally the amount of
Rs…………… with interest at the rate of 24 percent per annum which they have
failed and neglected to pay inspite of repeated requests and assurance given and
despite legal notice.

7. That the cause of action arose in favour of the plaintiff and against the defendants
when…………. It again arose in favour of the plaintiff and against defendant when
hundies cheques were returned unpaid. The cause of action again arose when the
plaintiff served on the defendant the legal notice on …………. And It still persists.

8. That as per the special terms of sale it has been agreed between the parties that
all disputes regarding bill shall be decided at ……………… and ……………….. Courts
alone shall have jurisdiction. Therefore this Hon’ble Court has jurisdiction to try
the present suit.

9. That the present suit is being filed under Order XXXVII of the Code of Civil
Procedure and no relief which does not fall within the ambit of this Rule has been
claimed in the plaint.

10 That the value of the suit for purposes of court fees and jurisdiction is fixed at
Rs………….. on which a court fee of Rs…………. Is being paid.

11. That no relief, which does not fall within the ambit of this rule ,has been
claimed in the plaint

The plaintiff accordingly prays that this Hon’ble court may be pleased to -

(a) pass a decree for the sum of Rs…….. in favour of the plaintiff and against the
defendants plus interest at the rate of 24% per annum and future interest from
the date of institution of suit till realization of the amount.

(b) Cost of suit be awarded in favour of the plaintiff and against the defendant and

(c) Such other order or orders as this Hon’ble Court may deem fit and proper in the
circumstance of the case may be passed.

Plaintiff

Authorised Signatory
Verification

I,……………………. The plaintiff do hereby verify that paras 1 to ……….. of the plaint are
correct and true to my knowledge and those of paras………. Are believed to be correct on
legal advice received.

Rest is a prayer to this Hon’ble Court

Verified and signed by the plaintiff who is personally known to me on……………at….


……………..

counsel for the Plaintiff


SUIT FOR DECLARATION AND PERMANENT INJUNCTION

IN THE COURT OF ……………………..

Suit No. ………………..

A.B.C. ………………. ….. Plaintiff

versus

D.E.F. …..… Defendant

To,

Hon’ble the Chief Justice and His Companion Justices of the High Court

Most respectfully Showeth :

1. The Plaintiff, ………………… is registered under the Societies Registration Act, and
is running a hospital popularly known as, …………….. has been established in
…………………………. And enjoys a very high reputation and goodwill for rendering
human service to the community, which include patients from all over India, as
well as abroad. The following medical departments and services covered there
under, are available to the patients :

(Mention here services rendered)

2. The Plaintiff is employing over ………………… employees whose conditions of


service stand regulated by applicable Service Rules, Conduct Rules, Office
Orders and Settlements, and has been having longstanding history of collective
bargaining and harmonious relations with the majority of employees.

3. That the employees, as represented by the defendant ………………… have vide


letter dated ……………………….. raised certain demands. Despite the petitioner
management explaining the entire position regarding those demands and its
(management’s) having displayed a most reasonable approach in response to
the said demands, the employees remained unwarrantedly stubborn and failed
to appreciate either the realities of the situation, or to adhere to the applicable
principles of collective bargaining.
4. That ultimately the demands of the employees, and the contentions of the
management were referred for adjudication and are presently pending before
the Industrial Tribunal …………………………. For adjudication vide Order O
Reference bearing No. ……………………. Which has been registered as case …………

5. That instead of awaiting the adjudication of the alleged Industrial Dispute


referred to above, some of the disgruntled and frustrated employees, out of
devious motives, have been engineering and generating all sorts of
unwarranted dissatisfaction and frustration amongst the employees clearly
with the view to thereby intimidate, coerce and compel the management on the
Plaintiff …………………………. Not to contest the industrial dispute and to concede
to their demands. They have been working up and instigating agitational
activities to persuade and compel the employer to their line and to follow the
path shown by them.

6. That the said actions of the disgruntled and frustrated employees and
motivated office bearers and activists of the defendant ………………. amount to
an unfair labour practice on the part of the said defendant/persons, and is also
prejudicial to the well settled principles or resolving of disputes by Industrial
Adjudication. It is significant to mention that the Industrial Disputes Act clearly
forbids the taking of direct action or resorting to agitation by either party to
any industrial dispute once a Labour Court/Industrial Tribunal becomes seized
of the matter by way of a reference being made to it under Section 10 of the
said Act.

7. That thus the above mentioned impugned acts aimed at by-passing the legal
recourses provided under the Industrial Disputes Act, are totally invalid and
impermissible in law.

8. That some-time in the last week of the respondent, its office bearers and its
activists have commenced the standing of demonstration at the premises of the
plaintiff’s ………………………….. thereby causing disruption of the work as well as
impediments in the treatment of the patients in the plaintiff’s hospital.

9. That on ………………………. and …………………. the defendant ……………………….., its


office bearers and activists staged an aggressive and unruly demonstration
using public address system and creating disruption and confusion in the
working of the plaintiff’s ………………………….

10. That thereafter they have been actively instigating and working up an
atmosphere of violence and inciting the staff and workmen to resort to direct
violence against the officials and the property of the plaintiff’s ……………… The
said defendant ………………………… its officials and activists are also bent upon to
create an atmosphere of violence, disruption etc., which is not congenial to the
rendering of proper medical services, and / or which are calculated to cause
anxiety and misgivings in the minds of the patients regarding the nature of
service to be availed by them as also about the risk to their lives. The same is
motivated to destroy the reputation of the plaintiff’s ……………………………… and
cause a shift of …………………….. away from the plaintiffs …………………………. On
account of the violence and the disruption, which has been and continues to be
engineered by the defendant.

11. That it is pertinent to mention that amongst other medical services, the
plaintiff has an intensive care unit, and a Coronary care unit, as well as Labour
room and Neonatology Deptts, which are all occupied by a large number of
patients who are in need of constant medical attention and who face serious
adverse consequence in the event of any disruption of any of the normal or
emergency functions of the plaintiffs. Even the use of public address
system/microphones and slogans shouting or any other similar form or loud
noise or other violent behaviour can have great detrimental consequence upon
such patients.

12. That the defendant ……………………., its office bearers and activists have recently,
with effect ……………………. started escalating the violent, disruptive and unruly
activities, as well as the activity of inciting staff and workmen, and taking resort
of abhorant practice which are absolutely inconceivable in relation to a
………………………….. The defendant ………………. its activists and office bearers
are staging massive demonstrations at the …………………….. premises by bringing
crowds of more than ………………………… persons after every few days since
………………………………and this crowd is inciting direct violence against the
officials of the plaintiff ………………………….. and its property inter-alia by way of
loud shouting, defamatory and abusive slogans, and the giving of provocative
speeches over the public address system/microphones etc.

13. That the latest demonstration has been held on ……………………… and the same
constitutes a grave escalation of the already continuing violent demonstration
and the plaintiff has grave apprehension of matters going out of hand with the
resultant risk to the life of the officials of the plaintiff hospital, its property as
well as life and property of the patients and their attending persons.

14. That they have also openly declared that they propose to even further intensify
their agitational activities by staging demonstration at a much more massive
scale. The patients, doctors and other staff who are already being subjected to
grant inconvenience, are terror-spoken by the threat of escalation of violence.
The essential and public utility service would be totally adversely affected. A
state of terror and tension is now prevailing in and around the premises of the
hospital.

15. The plaintiff has informed the police, but the same has been unable to dissuade
the demonstrators from violent demonstration.
16. Unless the defendants are restrained from staging demonstration, picketing,
pasting banners etc., the plaintiff will suffer irreparable injury and all the
functioning of annual services will be seriously affected.

17. That the cause of action has arisen on …………………. And thereafter is recurring
day by day with the escalation of violence by the defendants, and the
employees of the plaintiff, who have started instigating the workers to
demonstrate, picket and stage dharna and the same is continuing every day.
Recently the escalation of violent demonstration has taken place w.e.f.
……………………………

18. That the balance of convenience lies in favour of the plaintiff since the plaintiff
is hot in a position to carry on the normal activities whereas the defendant have
no right to stage violent demonstration or picket or stage dharna at the
premises of the plaintiffs …………………….

19. That the parties to the suit reside and carry on their activities in
………………………… and as such this Hon’ble Court has jurisdiction to entertain
and adjudicate upon the case.

20. That the suit for the purposes of court fee and jurisdiction the suit is valued at
Rs. ……………………… and the requisite court fee has been paid thereon.
21.

The plaintiff, therefore, respectfully prays :

(i) that the defendant either by themselves or through their activists, agents,
representatives as well as the members or the unions, its supporters or
sympathisers, be restrained from instigating or causing or arranging
demonstration, picketing or staging dharna or pilching tent (Shamiana)
within the radius of 200 meters at or around the premises of the
plaintiff’s………………….

(ii) the defendants be further restrained either themselves or although their


agents or representatives to harass, intimidate or to cause egress or ingress of
the executives, the willing employees or put play cards, banners, notices or
flags or writing on the walls on the premises of the plaintiffs.

(iii) directions be also given to the SHO Police Station ……………………. To enforce
and implement the order of the Hon’ble Court.
(iv) any other relief which this Hon’ble Court may deem fit and proper in the facts
and circumstances of the case be also awarded in favour of the plaintiff and
against the defendants.

(iv) the cost of the suit be also awarded in favour of the plaintiff and against the
defendants.

Dated :…………………

Plaintiff

Advocate
APPLICATION FOR EX PARTE AD-INTERIM INJUNCTION UNDER ORDER 39 RULES 1
AND 2 OF THE CODE OF CIVIL PROCEDURE 1908 READ WITH SECTION 151
THEREOF

IN THE COURT OF……………………….

I.A. No………….2009

IN

CS(OS)NO……………2009.

In the matter of

A.B.C……………. ……Plaintiff

Versus

D.E.F…………….. ….Defendant

The plaintiff abovenamed, most respectfully Showeth:

1. The plaintiff has filed a suit against the defendants for the recovery of Rs……….
Consisting of Rs……….. as principle and Rs………… as interest and with future
interest at the rate of 18 percent per annum; and the same is pending before this
Hon’ble Court.

2. The defendant is a sole proprietor of a concern in the name of ……….. The


defendant inter alia, carries on the business of the purchase and sale of various
electrical goods including the electrical, goods manufactured by the plaintiff.

3. The plaintiff has been supplying various electrical goods consisting largely of
fluorescent tubes and lamps of difference wattages from time to time to the
defendant. The subject matter of the suit, inrer alia, includes various supplies of
fluorescent tubes and lamps during the period…………

4. Various invoices were raised during the period………. By the plaintiff in


connection with the said electrical goods which were duly supplied by the
plaintiff and received by the defendant.

5. In respect of the various supplied made by the plaintiff to the defendant and the
various supplies received by the defendant. The defendant issued various
cheques during the period…………. The particulars of cheques issued are set out
herein below:-
From time to time the defendant has approached the plaintiff and has requested
fro more time for making the payment of the outstanding amounts.

The defendant has been on one pretext or the other evading the payment against
the dishounoured cheques. It was on account of the repeated request and
entreaties that the plaintiff did not take any legal action so far.

6. Finally on …………… the plaintiff issued a legal notice through its advocates to the
defendant for taking appropriate action against the first defendant within the
meaning of Sections 403, 417, 418 and 420 of the Indian Penal Code, 1860. The
plaintiff issued yet another notice dated…………. To the defendant through its
advocates calling upon the first defendants to forthwith pay the outstanding
principal amount of Rs………. alongwith interest.

7. Thereafter once again the defendant approached the plaintiff and asked for some
more time for clearing the outstanding including interest.

8. The plaintiff came to know of the fraud perpetuated by the defendant, as the fact
that the cheque issued by the defendant (and set out in para 6 of the plaint) had
been dishounoured, for the first time only by the letter of …………. Written by the
said bank. It was much later that the plaintiff came to know that the delivery of
the said, dishounoured cheque was dishonestly and illegally taken by the
defendant. In fact it was only on ……..when the plaintiff specifically requested the
said bank to hand over the debit advices that the copies of the said debit advices
for the first time were received by the plaintiff.

9. As on the date of filling of this plaint on …………. a total amount of Rs….. is due
from the defendants consisting of Rs……. As principle and Rs…………….. as interest
at the agreed rate of 18% per annum. The plaintiff is entitled to the said rate of
interest both by the usage in trade as also by virtue of the provisions of the
Interest Act, 1981.

The plaintiff is likewise entitled to future and pendentelite interest at the rate of
18% percent per annum as agreed to between the plaintiff and the defendant.
Further even by usage and trade, the plaintiff is entitled to the said rate of
interest. The plaintiff is also entitled to interest by virtue of the Interest Act.
1991.

10. The plaintiff has come to know that the defendant is in the ownership and
possession of property bearing Municipal No…… The plaintiff has come to know
that the defendant after being served with the notice by the advocate of the
plaintiff has been approaching various property dealers in order to sell and
dispose of the said property with a view to defraud and defeat the plaintiff. The
plaintiff apprehends that the defendant is taking steps to sell and or dispose on
the said property. It is submitted that otherwise the defendant does not have any
other assets against which the decree in the suit can be satisfied. It is submitted
that grave loss and injury would be caused to the plaintiff if the defendant is
permitted to dispose of, sell and / or alienate the said property bearing………..
11. The plaintiff has an extremely strong and prima facie case against the defendants
which is based on the non-payment of admitted dues by the first defendants, and
the defendant has in fact admitted the said debit the due.

12. It is in the interest of justice that this Hon’ble Court may be pleased to issue an
injunction restraining the defendant from in any manner alienating, creating any
charge or interest disposing off the said immoveable property at…………….

13. This application is made bonafide and is in the interests of justice.

14. The purpose of this application and indeed the plaint, and the ends of justice
would be defeated unless ex-parte ad-interim orders as prayed for are issued for
injunction.

In the premises, it is most respectfully prayed that this Hon’ble Court may be
pleased to:

(a) issue an ex-parte ad-interim injunction against the defendant restraining


and prohibiting the defendant from in any manner creating any charge,
mortgage, liability interest or in any manner alienating by sale or
otherwise the property situate at ………… during the pendency of the said
suit.

(b) make the ad-parte order prayed fro in para (a) above absolute upon
return of notice.

(c) pass such further or other orders as this Hon’ble Court may deem fit and
proper in the circumstances of this case.

Plaintiff
Through
Advocate

Note: Affidavit in support to be filed.


SUIT FOR SPECIFIC PERFORMANCE

IN THE COURT OF THE …………….

A.B.C………………………..………. Plaintiff

Versus

C.D.F……………………………..Defendant

The above named plaintiff, states as follows:

1. By an agreement dated………….. day of…………… and is signed by the defendant, he


contracted to buy from ( or sell to) the plaintiff certain immovable property
therein described and referred to, for the sum of Rs…….

2. The plaintiff has applied to the defendant specifically to perform the agreement
on his part, but the defendant has not done so.

3. The plaintiff has been and still is ready and willing specifically to perform the
agreement on his part of which the defendant has had notice.

4. (Facts showing when the cause of action arose and that the Court has
jurisdiction)

5. The value of the subject-matter of the suit for the purpose of jurisdiction

is Rs………. And for the purpose of court-fees is Rs……..

5. The plaintiff claims that the Court will order the defendant specifically to
perform the agreement and to do all acts necessary to put the plaintiff in full
possession of the said property ( or to accept a transfer and possession of the said
property) and to pay the cost of the suit.

Dated……….. Plaintiff

Through

Advocate
SUIT FOR SPECIFIC PERFORMACNE OF PURCHASING LAND

IN THE COURT OF THE ………………….

Suit No…………………of………………

A.B.C………..……………..…………. Plaintiff

Versus

C.D.F………………………………Defendant

The above named plaintiff, most respectfully submits as follows:

1. Status of the plaintiff and the status of the defendant, Notices and processes to
the plaintiff and the defendant are to be served in the addresses shown above.

2. On ……….day of…………… the plaintiff and the defendant entered into an


agreement, and the original document is hereto annexed and marked as
Annexure…………. (or, on the………… day of …………… the plaintiff and the
defendant mutually agreed that the plaintiff should sell to the defendant and the
defendant should purchase from the plaintiff ………area of land in the village of
……. for …………………..rupees).

3 On………… day of ……………. The plaintiff, being then the absolute owner of the
property and the same being free from all encumbrances …………, tendered to the
defendant a sufficient instrument of transfer of the same (or, was ready and
willing, and is still ready and willing, and offered to transfer the same to the
defendant by sufficient instrument) on the payment by the defendant of the sum
agreed upon.

4. The plaintiff gave a registered notice dated ………….. received by the defendant
…………. On……………….. to attend office of Sub-Registrar land aforesaid and have
the sale deed duly registered as executed by the plaintiff on payment of the
aforesaid price due. However, the defendant did not appear in the office of Sub-
Registrar aforesaid up to 4 p.m. on the day aforesaid, even though the plaintiff
remained there from after giving intimation of the fact of his appearance and
presence to the Sub-Registrar aforesaid.

5 The cause of action arose on ………………… when the defendant did not appear
before the Sub-Registrar aforesaid even after notice and pay the money of the
purchase price as agreed, and this Court has jurisdiction to try the suit.

6. The suit is valued at Rs……………. The proposed and agreed sale price of the land
aforesaid, and Rs…………… for the purpose of court fee, and court fee is paid
thereon.
7. The property situates at………. Which is within the territorial jurisdiction of this
court and this court has the jurisdiction to try the case.

PRAYER

This Hon’ble court may be pleased to pass:-

(i) A decree in favour of the plaintiff directing the defendant for specific
performance of the suit by executing a registered sale deed.
.

(ii) Alternatively to pay liquidated damage of rupees…………. to the plaintiff with


interest at the rate of ….% from the date of the suit till realization.

(i) Costs of the suit this court deems fit and proper.

Dated this the ……day of …….2009.

S/d
Plaintiff

Through

Advocate

Verification.
Solemnly signed and verified by the plaintiff on……….. at……,who is personally known to
me.
s/d.
counsel for the plaintiff.
A SUIT FOR DISSOLUTION OF PARTNERSHIP
AND RENDITION OF ACCOUNTS
IN THE COURT OF ……………., DELHI
SUIT No. …………./2009
Name & Address Plaintiff
Versus
1. Name & Address
Defendants
2. Name & Address
SUIT FOR DISSOLUTION OF PARTNERSHIP U/S 44(…) OF THE INDIAN
PARTNERSHIP ACT……….. AND RENDITION OF ACCOUNTS
Sir
The plaintiff above named respectfully submits as under:
1. That the plaintiff and defendants were partners in a firm by the name of Ram Lal
Shyam Lal Associates, doing business of import and trade in computer parts.
Certified copy of the original partnership deed is herewith annexed as Annexure
P1.
2. That the said partnership firm was registered with the registrar of firms and
societies with registration no. …………….. dated ……………… wherein the names of
plaintiff and defendants appear as partners thereof.
3. That the plaintiff was not concerned with the day to day affairs of the firm as he
was just like a sleeping partner and defendant no. 1 was looking after the entire
work and was responsible for maintenance of accounts of the firm as well as
other things.
4. That the profit sharing ratio of the firms was plaintiff 50% defendant No.1 25%
and defendant No.2 25 %.
5. That the accounts of the firm were being maintained on financial year basis.
6. That for several years the business of the firm continued smoothly. However in
the last one year the problem has arisen as defendant No. 1 is bent upon securing
loans from various agencies in the name of the firm without consent of other
partners and is therefore raising the liability of the partnership firm which is not
in the interest of the firm.
7. That the said act of the defendant No. 1 is causing deliberate loss to the firm as
well as to other partners as the firm is not in need of funds and that the
defendant No. 1 has raised funds on loan from others with mala fide intentions.
8. That the defendant No. 1 has no right to any loan in the name of the firm without
the written consent of other partners as per the partnership deed executed
between the parties.
9. That the partnership was created with a clear understanding that if any of the
partners do not adhere to the terms and conditions of the partnership any other
partner will have the right to get it dissolved and in case other partners do not
agree for dissolution, the partner can seek the dissolution through intervention
of the court.
10.That the cause of action for filing the suit arose on ………. When defendant No. 1
raised a loan in the name of the firm from an outsider.
11.That the value of the suit for the purpose of the court fees and jurisdiction has
been fixed at Rs. ……………. tentatively on which the court fees of Rs……….. has
been affixed.
12.That the partnership firm is registered at …………….. . The business of the firm
was done at …………. as such the ………….. courts have the jurisdiction to try and
adjudicate the suit.

The plaintiff prays for the following reliefs :


i. That the partnership firm between the parties by the name and style of Ram
Lal Shyam Lal Associates may be dissolved and the defendants be directed to
render full and true accounts of the business.
ii. Any other relief(s) which this court deems fit and proper may be awarded in
favour of the plaintiff and against the defendants.
iii. Cost of the suit may be awarded in favour of the plaintiff.
Plaintiff
Place ………………. Through Counsel
Date ……………….

Verified at …………………. On this ………………….. day of ……………………2004 that the


contents of paras No. 1 to 9 are true and correct to my knowledge and contents of paras
No. 10 to 12 are believed to be correct on the information received and believed and last
para is prayer before the court.
APPLICATION FOR EVICTION OF TENANT

IN THE COURT OF RENT CONTROLER

Rent control petition No………. 2009

Name……………………….petitioner.

Name……………………….Respondent.

Under Section 14(1)…. of the Delhi Rent Control Act 1958.

1. Municipal No. of the premises


and name If any

2 Street and Municipal ward or As above


division in which the premises
are situated

3. (a) Name and address of the (a) As per the title in the
landlord petition i.e. petitioner

(b) Name and address of the (b) As per the title in the
tenant / tenants petition i.e. respondents

4. Whether the premises are Residential


residential or non-residential

5. In the case of residential Respondent No.2 is living in the


premises, the number of persons premises along with his family
occupying the same and in the members.
case of non-residential premises
the purpose for which these are
used and the number of
employees if any, working
therein

6. Whether any furniture is No.


supplied by the landlord

7. Details of fittings of any, Electricity, water and sanitary fittings


provided by the landlord

8. Details of accommodation Three bed rooms, drawing-cum-


available together with dining, bath and latrine (i.e. entire first
particulars as regards ground floor) portion of servant quarter on
area garden and out houses if second floor (more specifically shown
any, (Plan to be attached) red in the site-plan)

9. Whether the premises are Single tenant


occupied by a single tenant or by
more than one tenant

10. Amenities available in regard to Water, electricity and sanitation


lighting water, sanitation and the
like

11 Monthly rent together with Rs……….- per month excluding


detail of house tax, electricity, electricity and water charges
water and other charges paid by
the tenant.

12 (a) Date of completion of ……………


construction of the premises and
the cost thereof
Yes, it was obtained
(b) Whether completion report
was obtained from the local
authority and the date of thereof

13 Reteable value as entered in the As per municipal record


last property assessment book of
the Delhi Municipal Corporation,
New Delhi Municipal Committee
or the Delhi Cantonment Board,
as the case may be.

14. Date on which the premises 15th day of ……………. As per written
were let to the tenant and details agreement, the original of which is
of agreement, if any, with the with Respondent No.1
landlord (Attested copy of the
agreement to be attached)

15 Whether the rent of the Not Applicable


premises has been fixed under
the Rent Control Act, 1952 or
the Delhi Rent Control Act, 1958
and if so the amount of such rent
and the date from which it took
effect

16 Whether there are any Not Applicable


subtenants, and if so, the date of
such sub letting, accommodation
sub-let, whether with or without
the written consent of the
landlord and the rent charged
from the sub tenant.

17 Whether any additions or The petitioner has not inspected the


alteration have been since the premises for the last so many years
rent was fixed at stated under and the she cannot say whether any
Item No.15, and if so the date of addition or alteration has been made.
which such addition or
alteration were made, the cost of
such addition or alteration an
whether they were carried out
with the approval of the tenant
or the Controller

18 (a) The ground on which the (ii) The petitioner is the owner-
eviction of the tenant is sought landlord of the entire premises while
the respondents are the tenants as per
lease agreement dated…….
(iii) The premises was taken by
respondent No.1 for use and
occupation of respondent No.2 and
since the date of the lease deed,
respondent No.2 is living in the
premises.
(iv) Respondent No.2 with the
help, aid and assistance of Respondent
No.1 has, after the commencement of
the Act, built and acquired the vacant
possession of a residential premises at
……………… New Delhi

No notice is required

(b) Whether notice required has


been given and if so, particulars
thereof (Copies of such notice
and tenant’s reply if any, should
be furnished)

19 Any other relevant information The petitioner filed an earlier suit


bearing No…… in the Court of
Sri………… Additional Rent Controller,
Delhi
20 Relief claimed It is, therefore, respectfully prayed
that a decree of eviction may kindly be
passed in favour of the petitioner and
against the respondents in respect of
the entire first floor and a servant
quarter on the second floor in the
premises bearing No…… (more
specifically shown red in the site-
plan). Cost of the petition may also be
allowed to the petitioner and against
the respondents.

Any other relief which the Hon’ble


Court deems fit and proper under the
Circumstances may also be granted to
the petitioner and against the
respondents.

verification
S/d
Petitioner.
s/d.
counsel for the petitioner.
APPLICATION UNDER ORDER 40 RULE 1 CPC FOR APPOINTMENT OF RECEIVER

IN THE COURT OF………………


I.A.No………..2009.

IN
Suit No………2009.

A.B.C………………….. Petitioner/Plaintiff

Versus

D.E.F………………….. Respondent/Defendant

The applicant most respectfully showeth us under:

1. That the present suit has been filed by the Applicant / plaintiff for the eviction of
the defendant from the plaintiff’s factory situated at …………. Due to expiry of
lease on ……………….. and for recovery of possession of the factory.

2. That the factory under the style of …………..situate at …………… was leased to the
defendant by the plaintiff with all electric fittings furnishing etc. under a
registered lease deed dated ………… for the period of…………. Years expiring on
………….at a monthly lease rent of Rs………… per month.

3. That the defendant approached the plaintiff for renewal of the lease for another
term of 3 years put as the plaintiff requires the factory premises for his own use,
the plaintiff refused to renew the lease for a further period of 3 years.

4. That the defendant has started damaging the properties of the factory in order to
harass the plaintiff and has also not paid monthly lease for a period of six months
that is from ………… to………………

5. That in the circumstances it is expedient in the ends of justice and for proper
management of the factory it is necessary that the receiver be appointed by the
court to take possession of the factory.

PRAYER
It is must respectfully prayed that this Hon’ble Court may be pleased to

1. appoint a receiver for the aforesaid purpose on the terms and conditions as may be
considered proper by this Hon’ble Court.

2. Any other order or relief which this Hon’ble Court may be fit and proper.

Dated this the ……….day of………..2009.

s/d

Applicant / Plaintiff

s/d
Advocate
AFFIDAVIT

IN THE COURT OF …………………..

Suit No………………..

A.B.C………………. ………. Plaintiff

Versus

D.E.F………………. ………...Defendant

AFFIDAVIT

I, ……………….. son of …………… aged …………………R/o ………….. do hereby solemnly affirm


and declare as under:

1. That I am the plaintiff in the above mentioned suit and being fully acquainted
with the facts and circumstances of the case, am competent to swear the present
affidavit.

2. That the contents of the accompanying application under Order 40 Rule 1 CPC
are true and correct to my information and the legal submission are true to
advice received and believed to be true.

Verified at ……….. on this …………. Day of …………. that the contents of the above affidavit
are true and correct and nothing has been concealed there from.

Deponent

Solemnly affirmed and signed by the deponent who is personally known to me on this
the ……day of ……2009 at my office at………

Sd/-
IN THE COURT OF --------------, DELHI
SUIT No. ………../2009
Name & Address ……………Plaintiff
Versus
Name and Address ……………. Defendant
Application under order 26 Rule 9 CPC on behalf of plaintiff for appointment of
Local commissioner

Sir,
The above named plaintiff respectfully submits as under
1. that the plaintiff have filed abovementioned suit for possession and damages
against the defendant which is pending adjudication before this hon’ble court.
2. that during the pendency of the case the defendant had mouth of the discharge
pipe on the second floor and is continuously throwing water in it which has
resulted/caused seepage to the first floor and ground floor occupied by the
plaintiff/landlord. It is submitted that seepage is so high that one can feel it by
touching the wall.
3. that when the plaintiff tried to get discharge pipe repaired and requested
defendant threatened him with dire consequences and shouted that he would
continue to throw water in the discharge pipe.
4. that in view of the facts and circumstances it would be just and requisite that a
local commissioner may be appointed who could get the discharge pipe repaired
so that the damage caused to the plaintiff property by seepage could be stopped.

It is therefore most respectfully prayed that the hon’ble court may be pleased to
appoint a local commissioner with direction to him to visit the suit property No. ……..
and get the discharge pipe repaired so that damage caused through seepage could be
stopped.
Any other order, further order which this court may deem fit and proper may
also be passed.
It is prayed accordingly.
Plaintiff
Delhi through
Dated:
Counsel

Counsel for the petitioner.

[ Note: this must be supported with an affidavit duly attested]


APPLICATION FOR ANTICIPATORY BAIL BEFORE THE HIGHCOURT
IN THE HIGH COURT AT NEW DELHI (CRIMINAL MISCILANEOUS
JURISDICTION)
CRIMINAL MISC. APPLICATION No. ……………………/2009

R S/o M residing at ………… ………… Petitioner

Versus

State ……………Respondent

An application for anticipatory bail under section 438 of Code of Criminal


Procedure.

To,
The Hon’ble Mr. Chief justice and
His companion justice of the said
Hon’ble court

The humble petition of the petitioner above named most respectfully showeth as
under :

1. The petitioner is a law abiding citizen and has not been involved in any
offence.
2. That the petitioner is a reputed person being in service of tata iron and steel
company Ltd. and an assessee under the income tax act, 1961.
3. That the petitioner is residing at …………………….
4. That due to some enmity his rival D. Kumar S/o C.N. Kumar has lodged a
complaint against the petitioner for the alleged offence of cheating and
forgery.
5. That the intention of the complaint is only to harass the applicant and to
tarnish his image in the society and in the tata iron and steel company Ltd.
particularly.
6. That your petitioner has every apprehension that the police may arrest and
put him in jail to harass and cause mental torture and physical inconvenience
in connection with the said complaint,
7. That in the interest the petitioner’s plea for anticipatory bail should be
allowed and the petitioner undertakes to abide by all the terms and
conditions of the bail.
8. That if the anticipatory bail is not granted to the petitioner, he shall suffer
irreparable loss or injury.
9. That the application is made bona fide in the interest of justice.

In the circumstances the petitioner humbly prays :


That your lordship may be pleased to direct that in case the petitioner is arrested
in connection with the above noted complaint he shall be forthwith released on
bail.
Your lordship may pass such other order or orders as may be deemed fit and
proper.
And your petitioner as in duty bound shall ever pray

Signature of Advocate Signature of the Petitioner


APPLICATION FOR BAIL BEFORE THE HIGH COURT
( under section 439 of Code of Criminal Procedure)
In the high court of …………………. (Criminal miscellaneous Jurisdiction)

X .…….. ( in jail custody) S/o ………, residing at …………….. Petitioner

Versus

State of …….. ……………... Respondent

An application for bail under section 439 of Criminal Procedure Code.

To,
The Hon’ble Mr. Chief Justice and
His Companion Justices of the
Said Hon’ble Court.
The humble petition of ………………. the above named petitioner most respectfully
showeth:
1. The petitioner is a law abiding citizen and has not been involved in any
offence.
2. That the petitioner is respectable person engaged in social service and is
retired government servant and is also a income tax payer
3. That one Shri …………….. that de facto complainant has lodged a FIR in the
police station …………….. against the petitioner implicating him in the criminal
case.
4. That the police has investigated the case and has not found any evidence
against the petitioner.
5. That your petitioner applied before the Sessions Judge, Alipur in Criminal
Miscellaneous Case No………………….. or, …. Day of …….. but learned Sessions
Judge has refused the bail.
6. That your petitioner is in the jail for over a month and the police has duly
interrogated him during the police custody and any further detention of this
petitioner under the bail is not necessary for the purpose of investigation of
the case.
7. That your petitioner has his permanent residence at ……………….. and is a
retired government servant. Presently engaged in social work and has
absolutely no chance of absconding.

It is therefore most respectfully prayed that the petitioner be allowed the bail
and be kindly granted any such other order as may be deemed fit in the
circumstances of the case. And for this your petitioner shall ever pray.

Signature of Advocate Signature of the Petitioner


BAIL PETITION BEFORE THE SESSIONS JUDGE
(Under Section 439 of Criminal Procedure Code)
In the court of sessions judge at Alipur, 24 Paraganas, West Bengal,
Case No. …………. of ……………… 2009

X …………………. S/o R …………………. Petitioner/Accused

Versus

The State of …………….. Respondent

Bail application filed by accused under Section 439 of Cr.P.C.

To

The humble petition of the accused most respectfully showeth:


1. That your petitioner was convicted by the Sub-Divisional Judicial Mgistrate,
Alipore under section 379, IPC on ………………………..200… and sentenced to 3
months rigorous imprisonment.
2. That against the said conviction and sentence your petitioner has filed a bail
which is pending before this Hon’ble Court.
3. That the type writer alleged to have been stolen by the petitioner. It was
purchased by a shop on …………………….., 200….. for a sum of 15000/- and for
which a cash memo has been issued by the shop keeper in favour of your
petitioner.
4. That your petitioner was a bona fide purchaser of a type writer and had no
knowledge that the type writer in question was a stolen property.
5. That your petitioner is a typist and runs a typing institute where he imparts
training to students.
6. That your petitioner is a man of reputation in his Mohalla and there is no chance
of his absconding.
7. That in the interest of justice the bail petition has moved by the petitioner. It
should be accepted and bail should be granted.
8. Unless the bail is granted to your petitioner he shall lose of his regular
customers.
9. That the petitioner undertakes to obey all the terms and conditions of the bail
and also undertakes to attend the court of the learned Magistrate as and when
required.
10.That the petitioner is bona fide and made in the interest of justice.
11.In the circumstances the petitioner humbly prays Your Lordship:

To order giving a direction for the release of the petitioner on bail or pass such other
order as may be deemed fit and proper.

And your petitioner, as in duty bound, shall ever pray.

Signature of the Advocate of the Petitioner

Signature of the Petitioner


BAIL PETITION BEFORE THE MAGISTRATE DURING POLICE ENQUIRY UNDER
SECTION 437, Cr.P.C.
IN THE COURT OF MAGISTRATE
BAIL APPLICATION No. …………………… of 200…….

Accused………………S/o……………………… Petitioner
Versus
State of U.P. ……………………………………... Respondent

In the matter of : A petition for bail of accused ………………, during police enquiry.
That the humble petition of the accused …………………….. most respectfully showeth:
1. That your petitioner was arrested by police on ……………day of ……………. 200… on
suspicion.
2. That no charge sheet has been filed by the investigating officer although more
than a month has passed since then.
3. That the arrest of the petitioner was made in connection with the burglary
alleged to have taken place in the house of ……………………………..
4. That your petitioner has reasons to believe that said ……………………..who has
been keeping grudge against your petitioner and who has been looking after his
case has falsely implicated petitioner in the case
5. That your petitioner is innocent and has a clean history behind him.
6. That in case your petitioner is granted bail he will not abscond and willfully
cooperate with the police.
7. That this petition is made bona fide in the interest of justice.
8. Your petitioner prays that this Hon’ble Court may kindly be pleased to call for the
record and direct the release of your petitioner on bail after perusing the same.
And the petitioner, as in duty bound shall ever pray.

Signature of Advocate Signature of the Petitioner


Application for maintenance by wife under
Section 125 of Code of Criminal Procedure, 1973

IN THE COURT OF ..................................... AT

Application No. .................................... of 2009

Mrs ...............................................
D/o.... ....................………………
Residing at ……...................... .... .
Police Station.............…….....…....
District ............……….. ……………..Applicant

Versus

Mr. ...............................................
S/o.... ....................………………
Residing at ……...................... .... .
Police Station.............…….....…....
District ............……….. …………Opposite party

APPLICATION UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973 FOR


MAINTENANCE ALLOWANCE.

It is most respectfully submitted as under :

1. That the petitioner is legally married wife of the opposite party. The marriage
was solemnized according of Hindu rites at ....... on .......

2. That the opposite party is a man of uncertain temperament and behaviour. He is


habitual of using abusive and filthy language. He has been treating the petitioner
as a bonded labour and no person of pride can live with him.

3. That on ....... the opposite party lost his temper, abused the applicant and threw
her away from the matrimonial house in presence of several gentlemen of the
locality.

4. That after being thrown out from her matrimonial house the applicant came to
her parents on ..... and has been living with them since then.

5. That the applicant made several attempts to get maintenance allowances from
the opposite party as the applicant has absolutely no independent income
whatsoever and the opposite party is living a decent life as his father has left
several lacs of rupees behind him which is now in possession of the opposite
party. Besides that, the petitioner is owner of a business concern and has an
income of approximately 1,50,000/- from his business as is evident from his
income tax return. A copy where of has been annexed hereto.
6. That the opposite party was served a notice by lawyer of the applicant, which the
opposite party has not cared to reply. The lawyer of the applicant has asked the
opposite party to provide Rs……….. per month to the applicant by way of
maintenance allowance.

7. That since the applicant has no independent income of her own and the financial
position of the parents of the applicant is not good, a sum of Rs. ………. per month
should be paid to the applicant by the opposite party by way of maintenance.

8. That since the opposite party is of uncertain temperament, the payment of the
maintenance allowances should be secured by a charge on his house
No. ......................... situate at ......................

9. That this application is made bonafide and in the interest of justice.

10. That if orders are not passed as prayed for, the applicant shall suffer irreparable
loss.

PRAYER

It is therefore respectfully prayed that -

(a) The opposite party be kindly directed to pay a sum of Rs.4000/- per month to
the applicant by way of maintenance to the applicant.

( b) Pendentelite maintenance may be granted to the applicant.

(d) Any other relief which this court deemed fit and proper in the circumstances of
the case may also be granted.

Dated this the ……day of …… 2009.

S/d.

Applicant.

S/d.

Counsel for the applicant.

AFFIDAVIT.
(CAUSE TITLE)

I .... ..........…… ........ D/o ....……................. W/o .......……………….......... ....do hereby


solemnly affirm and state that :

1. I am the applicant here in and as such I am fully acquainted with the facts stated
in this application.

2. All the facts stated herein are true to my knowledge and I believe it to be true.

3. No material has been suppressed nor any part of the application is false.

All the facts stated above are true to the best of my knowledge, information
and belief.

S/d.
Deponent.

Dated this the …….day of ……..2009

Solemnly affirmed and signed by the deponent before me on this the ....day of ……
at ................... ..........
Signature

Advocate
IN THE METROPOLITAN MAGISTRATE COURT,DELHI.
CRL. M.P. NO. ……………….. OF 2009
IN
C.C.NO. …………………. OF 2005

IN THE MATTER OF :

Raju …….………….. Petitioner

Versus

State ……………… …….…………... Respondent

AN APPLICATION UNDER SECTION 320 OF THE CODE OF CRIMINAL PROCEDURE


FOR COMPOUNDING THE OFFENCE

The petitioner is the accused in crime no…. of ….police station and a case is pending
before this court as case no……..
That the parties have agreed to compound the offence and the petitioner seeks
indulgence of this Hon'ble Court to compound the offence under Section 320 of the
Criminal Procedure Code.
It is submitted that as per Section 320 of the Criminal Procedure Code the offence
under Section 324 is compoundable with the permission of the Court by the person to
whom hurt is caused.
The persons to whom the hurt is caused, the defacto complainant in the instant case has
agreed for compounding the offence and the affidavit on behalf of him is filed along with
this Petition.
Therefore the application for compounding the offence is filed before this Hon’ble Court.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:-
(a) Grant permission under Section 320 Cr.P.C to compound the offence pending
against the petitioner under Section 324 I.P.C in C.C.No………… on the file of Metropolitan
Magistrate.

(b) Pass such other order or further orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case.

Dated this the ……..day of …………2009.

s/d.

petitioner

s/d.

ADVOCATE FOR THE PETITIONER

s/d.

complainant.
NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882.

Registered A.D.

Dated ..........................

To

XYZ

..........................

Dear Sir

Under instructions and on behalf army client Shri .........:................ I hereby serve you this
notice as in the succeeding paragraphs:

1. That you are tenant of my client in the premises situate at .......................... on a


monthly rental of Rs. ..........................

2. That your tenancy commences from the 7th day of every English Calender month.

3. That by this notice your tenancy is hereby terminated with effect


from ......................... day of ............... 19.......................

You are hereby advised to handover peaceful vacant possession of the abovesaid
premises on or before .......................... In case you failed to handover the peaceful vacant
possession, I have instructions from my client to initiate necessary legal proceedings for
your eviction in a court having jurisdiction in the matter at your risks and costs.

I have kept a copy of this notice in my record for future necessary action.

Yours faithfully

…………………
Notice to public officer.
Registered Address
From:
Advocate .................
To

The Trade Tax Officer


Sector......................
Circle..........
Uttar Pradesh.
Subject: Notice under Section 80 of the Code of Civil
Procedure,
1908.
Dear Sir,

Kindly be notified as under:


1. That my client ……………………………S/o ……………. residing at …………………… is building
his own house at plot No. …………………….. located on ……………… road in the city
of................

2. That my client purchased 400 bags of cement from J.P. Industries Ltd. from their Rewa
unit vide invoice No. ……………… dated ................

3. That the transporters at Rewa demanded Form No. 32 prescribed under the U.P. Trade
Tax Act, 1948 without which goods can not be transported into the State of Uttar
Pradesh.

4. That my clients moved an application on prescribed form and payment of prescribed


fee under the said Act for issue of two numbers of Form No. 32. My said clients also
enclosed with the application photo copies of invoice issued by the J.P. Industries Ltd,
letter dated ……………… from the …………. Development Authority regarding sanction of
the plan of the proposed building and certificate of an engineer regarding requirement
of 400 bags of cement in the proposed construction.
5. That for reasons best known to you. You rejected my application on the advice of your
Steno. Who is neigh hour of the said 'client and relations between the said steno and my
said client are extremely strained.

6. That you used abusive language and asked my client to get out of the office.

7. That your action was wholly unworthy of a public servant and illegal, mala fide.

8. That my said client has instructed me to institute a civil suit against you after serving
on you a notice under Section 80 of the Code of Civil Procedure, 1908.

9. That a draft plaint proposed to be filed against you in the Court of ……………….. at
………………… is appended herewith.

10. That accordingly I hereby give you notice that proper and satisfactory amends are
made and a sum of Rs………….. is paid to the said client and Form No. 32 is issued to him
in two numbers Within two months of delivery hereof. I have instruction from my said
client to institute a civil suit against you in the court mentioned in the appended plaint
on the cause of action arising on and for
relief appearing in the said draft plaint, which should be read as part of this notice and
in that case you shall be liable to costs and the consequences including cost of this
notice.

You are therefore requested please to make suitable compliance of this notice.

Given on this ………………… day of ………………….. in the year ………………………….


at……………………
under my signature and seal.

Yours faithfully
Notice to Railways

Registered Address

From:

Advocate……………….

To

The General Manager,


……………..Railway,
..................................

Subject: Notice under Section 80, of the Code of Civil Procedure and under Section 106
of the Railways Act, 1989.

Dear Sir,

Under instruction and for and on behalf of my client ……………….. S/o..............


residing at …………………….. I hereby give you notice under Section 80 of the Code
of Civil Procedure and Section 106 of the Railways Act, 1989 as under:

1. That my clients delivered 400 bags of potatoes each containing 80 bags to the station
master for being transported to and to be delivered thereto the
consignee of the goods.

2. That the consignment was accepted for being transported to the required destination
and Railway Receipt No. ……………………….. dated ………………………… was issued to my said
client.
3. That the consignee of the goods is M/s………………….. carrying on their business
at ................

4. That more than 6 weeks passed since booking of the said consignment but it did not
reach the destination.

5. That consignor made several enquiries and after great efforts the railway wagon
containing the consignment was traced in the railway yard at Moghal Sarai on
……………………….

6. That when the wagon was unlocked the entire consignment of potatoes was found
fully damaged wholly unfit for human consumption.

7 That damage certificate was issued to my said client which has been annexed hereto.

8. That claim for compensation has been lodged with the Chief Commercial
Superintendent who has registered the claim under file No. ...........................

9. That more than eight months have passed but the claim has not been settled as yet.

10. That the cause of action arose …………………… and the claim of my client is within
time..

11. That my client has claimed relief as under:

(a) Price of 400 bags of potatoes............... Rs. . . . . . . . . . . . . . . . . . . . . .

(b) Transportation charges and loading


Rs. . . . . . . . . . . . . . . . . . . . . .
and unloading charges upto delivery
to Railway at .................
(c) Freight paid to Railways vide R.R. Rs. . . .. . . . . . . . . . . . . . . . . .
No. ……….date.................

Total sum payable by railways to my client Rs. …………………………

This notice is therefore served on you under Section 80, C.P.C. and 106 of the
Railways Act, 1989 whereby you are called upon to settle the claims of my aforesaid
client within a period of two months from the date of delivery of this notice failing which
a civil suit for recovery of the said amount together with interest thereon at the rate of
18 percent per annum shall be brought against the Union of India through......... Railway
holding the said Government and the said Railway liable for the costs and the
consequences as well.

Given under my signature and seal on this …………………… day of ………………….. in the
year …………………. at .................

Yours faithfully
Annexure: As above.
Notice to the Central Government (u/s 80 of C.P.C., 1908)

Registered Address

From:
.......................
Advocate .....

To:

The Secretary.
Government of India.
Ministry of ...............
Department of .........
New Delhi.

Subject: Notice under Section 80 of the Code of Civil Procedure. 1908.

Dear Sir.

Under instructions from my client …………. S/o ……………….. residing at …………………… I


hereby give you this notice under Section 80 of the Code of Civil Procedure, 1908 as
under:

1. That

2. That

3. That

4. That
5. That cause of action arose on …………………. when .................

6. That relief claimed by my client is ...............

7. Therefore please be notified under Section 80 of the Code of Civil Procedure. 1908
that if the relief claimed by my client is not granted to him, he will be compelled to
institute a suit against the Government of India in Court of competent jurisdiction and in
that event the Government of India shall be liable to costs and consequences also.

Given under my signature and seal on this………………. day of ……………………. in


the year …………………

Signature of the Advocate

Solemnly affirmed by
……………………..
On this …………….
At …………………… Signature

Before me,

Advocate
NOTICE UNDER SECTION 434 OF THE COMPANIES ACT 1956 FOR INITIATING
WINDINGUP PROCEEDINGS
To,
Name & Address

Dear Sirs,

Under instruction from and on behalf of my client, Smt. IA, …………………. I serve you with
the following legal notice:

1. That you had taken a loan of sum of Rs. 2,50,000/- by way of cheque no…..
dated……. drawn on …………… on loan bearing interest @24% per annum out of
which 15% was agreed to be paid month after month and 9% was payable at the
time of returning the said loan amount of Rs. 2,50,000/-

2. That the said loan amount was taken by you through Addressee no. 2, Shri SM
who has family relations with my client and it was so agreed that the said amount
shall be paid on a notice of 24 hours at the time of marriage of daughter of my
client.

3. That you continued paying interest @ 15% per annum upto September, 2002 but
has failed to pay the interest since October, 2002.

4. That although you had promised to return the amount within 24 hours or
demand but have failed to return the amount even on persist at demand of my
client for ulterior and oblique motive.
5. That my client had been requesting you several times to return the amount but
all requests fell on gone to deaf ears

6. That the said loan amount was taken by you, addressee no.2, being in-change for
the day to day affairs of Addressee no.1 and was also the person who had taken
the cheque amount from my client personally as such this notice is being sent to
you being jointly and severally liable for the loan amount alongwith addressee
No.1

I, therefore, through this legal notice call upon you to pay the said amount within 3
weeks, the statutory period prescribed under S 434 of the Companies Act for initiating
winding up proceeding against the company otherwise legal consequences will follow
which please note shall be at your risk as to cost and consequences.

It may be treated as a notice for recovery of the amount as well as for initiating winding
up proceedings under S 434 of the Companies Act, 1956.

Advocate
NOTICE FOR SPECIFIC PERFORMANCE OF A CONTRACT

To,
Name & Address

Dear Sirs,

Under instruction from and on behalf of my client, …………………. I, serve you with the
following legal notice:

You know that you had executed an agreement for sale on ………… in favour of my client,
for the sale of ………………..(details of the property) for a sale consideration of
Rs………………. My client had paid an advance amount of Rs…………….. on the date of
execution of the agreement. As per the terms of the agreement the sale deed will be
executed on ……….. My client approached you on ………… for execution of the deed. But
you are not ready and willing to perform your part.

My client is always ready and willing to perform his part.

Hence, I call upon you to be ready on …………… and come to the registration Office for
registration of the deed and my client is ready with the balance money and he will wait
you there in the office.

Failing which my client will be constrained to take appropriate legal action against you
in a court of law and you are liable for the cause and consequence which you please take
note of.

Sd/-
Advocate
Date
GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT I, AB, etc., appoint EF, etc., my attorney in
my name and on my behalf to execute or do all or any of the acts or things hereinafter
mentioned, that is to say

(1) To appear and act in all the courts, civil, revenue or criminal, whether original
or appellate, in the registration offices and in any other office of Government or District
Board, Municipal Board or any other local authority;

(2) To sign and verify plaints, written statements, petitions of claims and
objections, memoranda of appeals and petitions and applications of all kinds and file
them in any such court or office;

(3) To appoint any advocate or any other legal practitioner;

(4) to compromise, compound or withdraw cases, to confess judgments and to


refer cases to arbitration;

(5) To file and receive back documents, to deposit and withdraw money, and to
grant receipts thereof;

(6) To obtain refund of stamp duty or repayment of court fees;

(7) To purchase property at court auction-sales in execution of my decrees up to


the amount of the decree;

(8) To take delivery or possession of property in execution of my decrees or of


property purchased for me at an auction-sale;

(9) To realize debts due to me, to collect rents from my tenants of houses and
land and to receive any money due to me from any other person and to grant receipts
and discharges for the same;

(10) To distrain the crops of my tenants for arrears of rent;

(11) To grant leases of my house property, lands agricultural and non-


agricultural;

(12) To file suits for rent and ejectment of tenants, and, when expressly
instructed by me, other kinds of suits;

(13) To apply to courts and officers for copies of documents and papers;

(14) To apply for the inspection of and to inspect judicial records;


(15) To accept service of any summons, notice or writ issued by any court or
officer against me; and (16) Generally to do all lawful acts necessary for the above
mentioned purposes.
Provided that the powers hereby conferred shall not extend to :-

(a) granting of an agricultural lease for a term over............years or reserving a


yearly rent exceeding Rs........;

(b) granting of a lease of house property for a term over.........years or reserving a


monthly rent exceeding Rs............;

(c) compromising or withdrawing a claim valued at more than Rs...........or


involving property of a value exceeding Rs...........;

(d) borrowing any money or hypothecating any property or creating any charge
thereon.

AND I hereby agree, that all acts, deeds and things lawfully done by my said
attorney shall be construed as acts, deeds and things done by me and I undertake to
ratify and confirm all and whatsoever that my said attorney shall lawfully do or cause to
be done for me by virtue oJ the power hereby given.

IN WITNESS hereof I have signed this deed on this...............day of............

Witnesses.

1……………..

2……………..
WILL

Know all men by these presents:

This Will is made at ........................... on this ........................... day of ........................... by


Shri ........................... Son of ........................... resident of .................. ..... (hereinafter called the
'Testator'):

1. I am making this the first and last Will of my own free will and without
any coercion from any side and in my full sense and disposing mind in
respect of my immoveable and moveable properties as mentioned in this
Will.

2. I am the Owner of ........................... I hold lease right of the said ...........................


vide lease deed executed in my favour by the .......................... . I have
acquired the lease hold right of these…...................... out of my own savings
and resources and have full right to dispose off the same.

3. I have made investments as per particulars hereinafter mentioned out of my


own savings and resources and have full right to dispose off the same

(1) NSC Rs. ……………….


(2) UTI Certificate No. ……….. No. of Units………..Rs. ...........................
(3) I am also in receipt of Rs. .................... as pension per month.

4. I hereby bequeath and devise the above said immoveable property and
movable property to my wife ........................... who shall inherit them absolutely with full
rights to dispose off the same Or to sell it off if she so likes.

5. I bequeath and devise the monthly pension to my wife .......................... and she
will be entitled to get the Family pension.

6. That this Will shall be irrevocable and I hereby declare that I have not made
any other Will in respect of the aforesaid immoveable and moveable properties in favour
of any other person.

7. As stated above, I am making this Will of my free Will without any coercion,
fraud, or misrepresentation practiced upon me from any quarter whatsoever.

8. That I am in complete, Sound and disposing mind and I have understood the
effect of this Will in favour of my wife, ........................... R/o....................

And I hereby appoint her the sole executrix of the Will.

In witness whereof the testator has signed this Will on the date, month and year
first above written in the presence of the witnesses who have seen the testator putting
his hand and signatures to this last Will and have also signed in the presence of each
other and in the presence of the testator.

Signature Testator

Signed by the above named Testator in our presence at the same time and each of us has
in the presence of the Testator signed hereunder as an attesting witness.

1. …………………

2. …………………
AGREEMENT FOR SALE OF PROPERTY

An agreement made on this the ...................day of... ......... ..... ..between A, B of etc.,
(hereinafter called the vendor) of the one part and C, D of etc., (hereinafter called the
purchaser) of the other part;

Whereas 'A' has agreed to sell and B has agreed to purchase the property detailed in the
schedule annexed hereto.

Whereas the property aforesaid is free from all encumbrances.

Now it is hereby agreed :

1. That the vendor agrees to sell and the purchaser agrees to purchase the property
known as...................and situate at.........with appurtenances thereof and more fully
described in the schedule hereto...................free from encumbrances.

2. That the purchase-money shall be Rs...................The purchaser having paid to the


vendor the sum of Rs............... part of the said purchase-money as a deposit (the
receipt of which sum the vendor hereby acknowledges) shall pay the residue of the
said purchase-money to the vendor on the day of................... when the purchase will
be completed.

3. That if from any cause other than the willful default of the vendor the purchase is
not completed on or before................ the purchaser shall pay to the vendor interest
on the residue of the purchase-money at the rate of 5% p.a. from that date.

4. That the abstract of title will be delivered within a fortnight from the date hereof.
The vendor's title shall begin with a sale, dated...................

5. That all requisitions or objections not made within ten days after delivery of the
abstract shall be deemed to be waived, time in this respect being of the essence of
the contract.

6. That the purchase shall be completed on the...................day of...................when the


balance of the purchase-money shall be paid and the purchaser shall be entitled to
the delivery of a proper sale-deed executed by the vendor.

7. That all expenses for preparation of the sale-deed and all expenses on account of
stamp and registration shall be borne by the purchaser.

8. That any error or mis-statement or omission in the description of the property


shall not annul the sale nor shall any compensation be allowed in respect thereof.

9. That the rents and profits of the property shall be received by or belong to the
vendor and all outgoings and rates and taxes shall be discharged by him up to the
time hereinbefore fixed for completion of the sale, and as from that date all
outgoings shall be discharged by and the rents and profits shall belong to the
purchaser. The purchaser shall not be entitled to possession of the property and to
rents and profits thereof until the completion of the sale.

10. That if the purchaser shall fail to comply with any of the conditions of this
agreement, his deposit of Rs................... shall be forfeited and the vendor shall be at
liberty to re-sell the property and any deficiency arising on re-sale and expenses
incurred by him for effecting the re-sale shall be paid by purchaser as liquidated
damages and any excess in price on re-sale shall belong to the vendor.

The Schedule above referred to containing description of the property sold is made part
and parcel of this sale agreement.

In witness whereof the parties hereto have set their hand on this........... .day
of.......... ..20........... ...in the presence of witnesses.

Signature of the vendor.

Signature of the purchaser.

Witness 1................... A, B...................

Witness 2................... C, D...................


Execution of sale-deed

THIS SALE-DEED is executed on this the ….. day of ……….. in the year ……………..between :

MN S/o OP aged.......... .... .years occupation....,......... .R/o..........,.... (as the vendor,


which means and includes his, heirs, successors, executors, representatives or
administrators etc.)
And
XY S/o BC aged....,......... .years occupation.,........... .R/o.............. .(as the vendee, which means
and includes his heirs, successors, executors, representatives or administrator etc.)

That the vendor is the lawful owner and possessor, having sufficiently good and
marketable title over the tenements, land, or premises (hereby intended to be granted
and conveyed and referred hereinafter as the said property) as an absolute and
indefeasible estate, free from all encumbrances.

And that the vendor has contracted with the vendee for the absolute sale of the said
property to him for a consideration of Rs................ (Rupees...... ........ .only).

Now this deed witnesseth as follows-

That in pursuance of the agreement executed by the vendor on dated...............day


of...............19...............and consideration of Rs................ (Rupees............. ..only) paid by the
vendee to the vendor after deducting a sum of Rs................(Rupees...............only) which has
been received as earnest money at the time of execution of agreement for sale at or
immediately before the execution of this deed, the receipt whereof the vendor do hereby
acknowledge and he as a beneficial owner of the said property do by this covenant,
indefeasibly, grant, sell, convey and transfer unto the vendee free from encumbrances,
attachment and other defects in title all that the said property mentioned specifically in
the schedule attached herewith forever to his enjoyment and usage without any
hindrance, interruption or disturbance on the part of vendor, who has exonerated and
released his title and claim over the said property. The vendee shall be kept indemnified
against loss, damages or expenses if any suffered by reason of any defect in title of the
vendor or any breach of covenant contained herein.
In witness whereof the vendor has set and subscribed his hand on this …….. day of………
in the year ….. at ………. in presence of witnesses.
Signature Vendor
Witnesses:

1................

2................
Deed of Simple Mortgage

THIS DEED OF MORTGAGE is made on the …………….. day of ………………….. BETWEEN


AB of, etc. (hereinafter called. the MORTGAGOR), of the one part and CD of etc.,
(hereinafter called the MORTGAGEE), of the other part, WITNESSES, that in
consideration of a sum of Rs. …………………. lent and advanced to the MORTGAGOR by the
MORTGAGEE the receipt whereof the MORTGAGOR does hereby and also by the receipt
hereunder admit, acknowledge and confirm, he, the said AB does hereby and hereunder
transfer and mortgage, as and by way of simple mortgage, unto and in favour of the said
CD, his heirs, executors, administrators or assigns, ALL THAT property specifically
described in the schedule hereunder, and charge and assure the same by way of security
for the repayment of the said sum of Rs…………………together with interest thereon at the
rate of……. per cent per annum: AND the MORTGAGOR does hereby agree and covenant
with the MORTGAGEE that he will pay or cause to be paid to the MORTGAGEE the
principal sum aforesaid, together with the interest then due, on or before the
…………….day of ………………… without delay or default AND THIS DEED further
witnesseth that it is hereby agreed and declared by and between the parties that in
case the said sum of Rs. …………………. with interest thereon at the stipulated rate is not
paid within the time and in the manner as aforesaid, it shall be lawful for the
MORTGAGEE to enforce this mortgage and to cause the property or any portion thereof
to be sold and appropriate the proceeds towards satisfaction of the mortgage debt
provided, however, that in the event of any shortfall or deficiency, i.e. should the claim be
not then satisfied, the MORTGAGEE shall be entitled to recover the balance if any as
against the MORTGAGOR who shall be entitled to redeem the said mortgage at his
option by payment of the amount of mortgage debt inclusive of interest at any time
before the ……………… day of ………………… AND THIS DEED further witnesseth that the
MORTGAGOR does hereby covenant with the MORTGAGEE that 'notwithstanding any
act, deed or thing here before done, executed, performed or suffered to the contrary, the
MORTGAGOR has good 'title, power and absolute authority to charge, assure and
mortgage the said property in the manner hereunder effected and that the same is free
from an encumbrances and attachments.
The Schedule above referred to

IN WITNESS WHEREOF the parties herein have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by the


MORTGAGOR AB

Signed, sealed and delivered by the


MORTGAGEE CD
in the presence of:
Witnesses.
1……….
2……………
MEMO OF CONSIDERATION

Received a Cheque No. ……………………. dated ……………… for Rs. ………………………on Bank
etc.

Received payments
Sd/.
CD
DEED OF MORTGAGE BY CONDITIONAL SALE

THIS DEED OF MORTGAGE made on this the ………………… day of …………….. 2009
BETWEEN
AB son of …………………… residing at ……………………… hereinafter called the MORTGAGOR
(which term shall include his heirs, successors, executors, administrators and assigns)
of the one part AND CD son of ……………….. residing at …………………hereinafter called the
MORTGAGEE (which term shall include his heirs. successors, executors, administrators
and assigns) of the other part WITNESSES that in consideration of the sum of
Rs……………… paid to the MORTGAGOR by the MORTGAGEE (the receipt whereof the
MORTGAGOR hereby acknowledges) the MORTGAGOR dues hereby grant, transfer,
convey, assign and assure to the MORTGAGEE ALL THAT etc. To Have and to Hold the
same absolutely and for ever subject to the condition hereby expressly declared namely,
that if and when the MORTGAGOR shall repay or cause to be repaid the said Sum of Rs.
………………. with interest thereon at the rate of …………………. per cent per annum on or
before ……………….. day of ………….. time for which purpose shall be deemed as essence of
contract then and in such an event the sale hereby effected shall stand void and shall be
of no effect to intents and purposes and the MORTGAGEE shall at the costs of the
Mortgagor reconvey and retransfer the said property and every part thereof as existing
to the MORTGAGOR provided, however, that if the MORTGAGOR, fail and/or neglect to
repay the said sum with interest at the said rate on or before the said date, or any
portion thereof the sale hereby effected shall become absolute and the MORTGAGEE
shall be entitled to foreclose mortgage when and in such an event the MORTGAGEE shall
be the absolute owner of the property freed and discharged from all right of equity of
redemption of the MORTGAGOR, AND IT IS HEREBY further AGREED AND DECLARED
that notwithstanding anything hereinbefore contained the MORTGAGOR shall remain in
possession of the said property and pay all rents, cess, tax rates and other impositions
which are now or may hereafter be imposed on the said property and in case the
MORTGAGOR fails and/or neglects to make such payments on or before the due date of
payments therefore, the MORTGAGEE shall be at liberty to pay the same and add such
sum or sums to the principle money hereby secured which shall carry interest at the
aforesaid rate. And that the MORTGAGOR does hereby covenant with the MORTGAGEE
that he had good title to the property and absolute authority and power to transfer same
in the manner hereinbefore indicated and that the property is free from all
encumbrances and attachments whatsoever.

The Schedule above referred to

WITNESS WHEREOF the parties hereto have executed these presents on the day, month
and year first above-written.

Signed, sealed and delivered by AB


the MORTGAGOR in the presence of:

Signed, scaled and delivered by CD


the MORTGAGEE in the presence of:
Witnessess.
1……………..
2………………

MEMO OF CONSIDERATION

Received of and from the MORTGAGEE the sum of Rs. …………………. being the
consideration by Bank Draft No……………. dated ……………. for Rs. ………………………. issued
by X Bank Ltd. payable in………..

WITNESES: Received

Signature of the MORTGAGOR


Deed of Usufructuary Mortgage

THIS DEED OF MORTGAGE is made on this ………………….. day of ………………….. 2009


BETWEEN AB son of …………………………. residing at ………………….. hereinafter called the
MORTGAGOR (which term shall include his heirs, successors, executors, administrators
and assigns) of the one part and CD son of …………………… residing at …………………………
hereinafter called the MORTGAGEE (which term shall include heirs, successors,
executors, administrators and assign)of the other part, WITNESSES that in
consideration of the sum of Rs. ………………….. paid by MORTGAGEE to the MORTGAGOR
at the time of the execution of this deed the receipt of which sum the MORTGAGOR
hereby acknowledges); the MORTGA GOR does hereby convey as and by way of
usufructuary mortgage to the MORTGAGEE ALL THAT etc. To Have and To Hold the same
and posses security until the repayment of the said sum with interest thereon at the rate
of Rs. ………………… per cent per annum. .

AND THIS INDENTURE further witnesseth and it is agreed and declared that the
MORTGAGOR hereby delivers possession of the said property to the MORTGAGEE who
shall retain such possession until payment of the said sum with interest is aforesaid and
shall receive the rent, issues and profits accruing from the said property and pay. all
rents, cesses, taxes and other impositions and
appropriate the balance firstly, in payment of the interest due and then in reduction or
payment of the principal sum advanced and that on such payment and satisfaction of the
whole of the principal sum and interest thereon the MORTGAGOR shall be entitled to get
back possession of the said property.

AND it is further agreed and declared that the MORTGAGEE shall at all times hereafter
until satisfaction of the mortgage debt take care of, manage and preserve the said
property as a person of ordinary prudence would manage it if it were his own and use
his best endeavours to collect the rents and profits thereof and make necessary
arrangements for maintenance, preservation and repair of the said property and keep
clear, full and accurate , accounts of all sums received and spent by him as MORTGAGEE
and furnish the MORTGAGOR at his cost true copies of such accounts and of the receipts
and vouchers by which they are supported.

AND it is furthermore agreed that in any event after expiry of.................. years the
mortgage debt shall be deemed as satisfied and extinguished out of the usufruct of the
property and the MORTGAGEE shall unconditionally reconvey the property to the
MORTGAGOR at his costs and expenses.

The Schedule above referred to

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by AB


the MORTGAGOR in the presence of:

Signed, sealed and delivered by CD


the MORTGAGEE in the presence of:
Witnessess.
1……………..
2………………..

MEMO OF CONSIDERATION

Received of and from Mortgagee the sum of Rs. …………………. Being the consideration by
Bank Draft No. ……………… dated ………………. For Rs. ……………………. issued by X Bank Ltd.
payable in……………..
WITNESSES: Received
Signature of the MORGAGOR
DEED OF USUFRUCTUARY MORTGAGE BY CONDITIONAL SALE
(ANOMALOUS MORTGAGE)

THIS DEED OF MORTGAGE made on this …………………. day of ………………. 2009


BETWEEN AB son of ………………… residing at …………………hereinafter called the
MORTGAGOR (which term shall include his heirs, successors, execution, administrators
and assigns) of the one part and CD son of ……………………… residing at ………………
hereinafter called the MORTGAGEE (which term shall include his heirs, successors,
executors, administrators and assigns) of the other part WITNESS that on consideration
of the sum of Rs……………….. now paid to the MORTGAGOR by the MORTGAGEE (the
receipt whereof the MORTGAGOR does hereby acknowledge), the said AB hereby
conveys to the said CD. All THAT, etc. (describe the property): from this day AND THAT
the MORTGAGEE shall be in possession of the mortgaged property under the terms of
the deed for securing payment on the …………….. day of …………….. of the principal sum
secured, with the interest thereon at Rs. …………………… per cent per annum,
which mortgage-money will be set off against the usufruct of the mortgaged property,
and the MORTGAGEE does hereby promise to keep clear accounts thereof.

The MORTGAGOR hereby agrees that the MORTGAGEE shall retain possession of the
mortgaged property until the principal sum together with the interest due be paid off
out of the proceeds of the property and on payment of the aforesaid sum, the
MORTGAGEE shall execute and register a release of the mortgaged property in favour of
the MORTGAGOR, AND THAT the MORTGAGEE shall not do, execute, perform, nor suffer
to the contrary any act, deed or thing whereby or by reason or means whereof the value
of the said property in his possession may be diminished or the same may otherwise be
prejudiced in title or estate.

The MORTGAGOR does also agree to pay the Government revenue and the municipal
taxes of the said property regularly, and in case he fails to make such payment, the
MORTGAGEE shall be at liberty to pay such revenue and: taxes, and such sum paid shall
be considered an additional principal sum advanced to the MORTGAGOR, and shall carry
interest at the rate stipulate above AND LASTLY, the MORTGAGOR also agrees that if he,
the MORTGAGOR does not pay the principal sum with the interest then due on the
stipulated date, this conveyance will become absolute and the MORTGAGEE will be
entitled to foreclose the mortgaged property, and thereafter the MORTGAGOR, his heirs,
executors, administrators or assigns shall be absolutely debarred of all the rights to
redeem the same.

The Schedule above referred to

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, Sealed and delivered by AB


the MORTGAGOR in the presence of:

Signed, sealed and delivered by CD


MORTGAGEE in the presence of:
Witnessess.
1………………
2……………….

MEMO OF CONSIDERATION

Received of and from the Mortgagee the sum of Rs. …………….. being the consideration
by Bank Draft No. .................... dated ……………. for Rs. ………………. issued by X Bank Ltd.
payable in ……………….
WITNESSES: Received

Signature of the
MORTGAGOR
DEED OF ENGLISH MORTGAGES

THIS DEED OF MORTGAGE made on this the ………………….. day of ………………….. 2009
BETWEEN AB son of ………………. residing at .........................hereinafter called the
MORTGAGOR (which term shall include his heirs, successors, executors, administrators
and assigns) of the one part and CD son of …………………. residing at ………………..
hereinafter called the MORTGAGEE(which term shall include his heirs, successors,
executors, administrators and assigns) of the other part.
WHEREAS the MORTGAGOR is absolutely seized and possessed or is otherwise well and
sufficiently entitled to an absolute estate of inheritance or an estate equivalent thereto
free from encumbrances to the lands, hereditaments …………… fully mentioned and
described in the Schedule hereto AND whereas the MORTGAGOR intending to borrow a
sum of Rs. ……………………. approached the MORTGAGEE which the MORTGAGEE has
agreed to lend and advance on having repayment thereof with interest at ……………………..
per annum and secured by a conveyance by way of mortgage of the said property. Now
THIS DEED witnesseth that in consideration of the sum of Rs………………. this day paid
to the said AB by the said CD (the receipt whereof the said AB hereby acknowledges),
the MORTGAGOR hereby agrees with and covenants to pay to the MORTGAGEE on the
…………………. day of ……………….. the sum of Rs…………………… , with interest thereon in
the meantime at the rate of ............................ percent per annum computed from the date of
this deed such interest to be paid monthly and every month on the 15th of every current
month AND THIS DEED also WITNESSES that for the consideration aforesaid the said AB
as the beneficial owner, does hereby grant, transfer, convey unto and to the use of the
said CD ALL THAT etc. (describe the property): TO HAVE AND TO HOLD the same
absolutely and for ever PROVIDED ALWAYS that if the MORTGAGOR shall pay or cause to
be paid the sum of Rs……………. with interest thereon, on the …………………… day of
………………….. , according to the foregoing agreement in that behalf, the MORTGAGEE,
shall, at the request and costs of the MORTGAGOR, reconvey to him or them as he or
they shall direct, the said property. AND THAT the MORTGAGOR does hereby covenant
unto the MORTGAGEE that the MORTGAGOR has absolute title to the land
hereditaments, and premises hereby granted and conveyed and that the MORTGAGOR
has good right, full 'power, absolute authority and indefeasible title to grant, convey,
transfer, assign and assure the same unto and to the use of the MORTGAGEE in the
manner hereinbefore indicated and further the MORTGAGOR and all persons having
lawfully or equitably any estate or interest in the same shall at all times hereafter during
the continuance of the security does execute or perform or cause to be done executed
and performed all such further or other acts, deeds and things as may be reasonably
required for further and more perfectly assuring the same unto and in favour of the
MORTGAGEE.

PROVIDED, HOWEVER, and it is further agreed by and between the parties that if the
MORTGAGOR commits any default in payment of the principal amount on the due date
or any three installments of interest, whether they have been demanded or not it shall
be lawful for the MORTGAGEE to institute a suit for sale and to have a Receiver
appointed over the mortgaged property.
The Schedule above referred to

IN WITNESS WHEREOF the parties to this Mortgage Deed have executed these presents
on the day, month and year first above-written.

Signed, sealed and delivered by AB


the MORTGAGOR in the presence of:

Signed, sealed and delivered by CD


the MORTGAGEE in the presence of:
Witnessess.
1………….
2………………
MEMO OF CONSIDERATION

Received of and from CD the sum of Rs. …………………. being the loan amount for the said
mortgage.
received
Signature
WITNESS: Signature
PARTNERSHIP DEED (GENERAL)

This DEED OF PARTNERSHIP is executed on the ……………… day of ……….. 20…. by and
between:

Shri ………………………..S/o………….aged about ………… years, R/o …………………….. (Herein


after referred to as the, FIRST PARTY which expression shall; unless it is repugnant to
the context, mean and include his legal heirs, successors, administrators and assigns or
anyone claiming through or under him)

AND
Shri …………………….S/o ………………..aged about years, R/o …………………….. (herein
after referred to as the SECOND PARTY which expression shall, unless it is repugnant to
the context, mean and include his legal heirs, successors, administrators and assigns or
anyone claiming through or under him).

WHEREAS both the parties have decided to enter into a partnership for carrying
on the business mentioned in the objects clause of this Deed of Partnership.
WHEREAS the partners agree that this Deed of Partnership shall be deemed to
have come into force on the day ………… of …….. 20............
WHEREAS the partners have decided to reduce the terms and conditions of their
partnership into writing as per the terms and conditions appearing hereinafter:

NOW THIS DEED OF PARTNERSHIP WITNESSETH AS FOLLOWS;

1. The parties hereby agree that the partnership firm shall (be deemed to have or) come
into force on the ……………. day of …………….. 20............

2. The partnership shall carry on business in the name and style of ……………… (mention
name of the Finn).
3. The partnership shall carry on the business of (mention objects) or such other
business as may be agreed upon by the partners from time to time.
4. The partnership firm shall carry on its business from its principal place of business at
……………. or at such other place/places as the partners may, from time to time, decide.
5. The partners have agreed that each of them shall contribute it sum of Rs..........................
(In figures) rupees ……………………… (in words) to the capital of the firm as their capital
contribution.
The Firm shall pay simple interest …………….. (% p.a.) on the total capital
contributions of the partners.
6. On amounts specifically brought in as loans to the Firm by the partners, simple
interest of @ ………………% p.a. shall be payable.
7. The partners will mutually decide, from time to time, the work to be undertaken by
each of them. Remuneration payable to the partners for the work done by them shall be
decided by the partners mutually from time to time (or specify the amount).
8. Proper books of account shall be maintained in the usual Course of business and the
same shall be closed once in a year to ascertain the net profit or loss of the Firm for that
year and they shall be kept al the place of business and either partner shall have access
to all the books of accounts of the firm at all reasonable times and shall be at liberty to
take copies of the same. The parties have agreed to share profits / losses in the following
proportion :-

First Party: 50%


Second Party: 50%
9. The partnership shall be one at will (mention any other reason, if any).
10. The Firm may raise funds from any banks, financial institutions and other private
parties for the purpose of the business of the Firm and all the documents shall be signed
by both the partners.
11. The Firm may open one or more bank accounts and such account(s) shall be
operated by the partners (severally or jointly).
12. Except to the extent mentioned herein above, the provisions of the Indian
partnership act, 1932 shall be applicable to the Firm and the partners.
13. No partner can sell or mortgage or transfer or assign his share or interest in the
partnership property or business without the consent of the other partners.
IN WITNESS THEREOF, the parties hereto have affixed their signatures on the date,
month and year herein above first mentioned.

(1) First Party


(2) Second Party
Witnesses.
1……………
2……………..
PARTNERSHIP DEED BETWEEN TWO TRADERS

This DEED OF PARTNERSHIP is made on the ………………… day of …………20…….. between


A of etc., of the ONE PART and B of the OTHER PART.

Witnesseth that it is hereby mutually agreed that the said parties hereto shall become
partners upon the fallowing terms:
1. The partnership business shall be that of …………. and shall be carried on at ………………
or at such other place as may be from time to time agreed upon.
2. The partnership shall commence on the …………… day of …………… 20…. and shall
continue for the term of three years from that day and thereafter until determined as
provided hereafter.
3. The name of the firm shall be ...............................
4. Any partner may determine the partnership at any time after expiry of the aforesaid
term of three years on giving not less than six calendar months previous notice in
writing to the other partner of his intention in that behalf and at the expiration of such
notice the partnership shall be considered dissolved.
5. The capital of partnership shall be Rs………………. to be contributed by the partners in
equal shares. In case further capital is required for the business of the partnership the
same be continued by the partners in equal shares.
6. The net profits of the partnership shall be divided between the partners in equal
shares and they shall bear all losses in the same proportion.
7. The Bankers of the partnership shall be ……………………… (name of the Bank) and the
account herein shall be in the firm's name and all cheques thereon shall be drawn by
both the partners.
8. Each partner may draw out of the banking account of the firm sums not exceeding
……………….. per month, but if on taking the annual general account the sum drawn
by any partner during any year shall exceed his share of profits for the year, he shall
refund the excess with interest @ ……………………… p.a.
9. All necessary and proper books of account shall be kept by the partnership and shall
not be removed from the place of business without the consent of both Partners. The
account books shall be open to inspection by each of the partners, who shall be entitled
to take.such extracts therefrom as they think fit.
10. A general account shall be taken each year on the ……………….. day of ………….. 20….
The assets, liabilities, profits and losses of the partnership shall be audited by a firm of
Chartered Accountants and shall be signed by each partner. Such account can be opened
only if any error is discovered within three months after the signing thereof, in which
case such error can be corrected. After the general account has been so signed, the net
profits shall be divisible between the partners in the proportions laid down in
paragraph 6 supra.
11. Each partner shall :
(a) devote his whole time and attention to the business of the partnership;
(b) carry on the business of the firm to the greatest common .advantage;
(c) be just and faithful to each other and shall render true accounts and full information
of all things affecting the firm to the other partner or the legal representative;
(d) pay his separate and private debts and indemnify the other partner or partnership
assets against all proceedings, claims or demands in respect thereof.
12. Neither partner shall without the consent of the other -
(a) carry on any business other than that of the firm of which he is a partner;
(b) assign or mortgage his shares or interest in the partnership;
(c) compound, relinquish or discharge any debt which shall be due or owing to
the partnership without receiving the full amount;
(d) draw or accept or endorse any bill of exchange or promissory note on account of me
partnership;
(e) dispose of by loan, pledge, sale or otherwise any part of the partnership property;
(f) lend money or give credit to or have any dealing on behalf of the partnership with
any person whom the other partner shall have previously forbidden to trust or deal
with;
(g) except in case of gross misconduct, dismiss any person in the employment of the
firm;
(h) buy any property or goods or articles for the use of the partnership exceeding
the value of Rs. …………………………

13 If during. the continuance of the partnership, any partner dies or becomes bankrupt,
the remaining partner shall have the option of purchasing his share on giving written
notice within three months from his death or bankruptcy' to his legal representatives or
Trustee in bankruptcy. The purchase price shall be the amount of the share of the
deceased or the outgoing partner as determined at the last general annual account plus
6% interest p.a. thereon up to the date of purchase, or if no such account had been
taken, the amount credited to him as his share capital at the commencement of the
partnership plus interest at the aforesaid rate.
14, All disputes which may arise between the partners or their legal representatives
about the interpretation of this deeds or their rights and liabilities there under or in
relation to any other matter whatsoever touching the partnership affairs shall be
referred to arbitration by two arbitrators, one to be appointed by each partner or his
legal representatives under the provisions of the Indian Arbitration Act, 1940, or in
case of the, neglect or refusal of either partner or his legal representative to appoint an
arbitrator within one month after being requested in writing so to do by the other
partner, by a single arbitrator nominated by the other partner.
In witness whereof the parties have hereto set their hands in the presence of witnesses.

s/d
First Party
s/d.
Second Party
Witnesses.
1…………..
2……………
PETITION FOR A WRIT OF HABEAS CORPUS

IN THE HIGH COURT OF……..


Criminal Original Jurisdiction

Writ Petition No. ………………. Of ………………….. 20 …………………….

IN THE MATTER OF :-

A …. Aged ……
s/o ……………
r/O…………… Petitioner;

Versus

1. Union of India

2. State of Bihar. . . . . . . . . . . .

3. The Superintendent if Police . Respondents.

PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE 32 OF


THE CONSTITUTION OF INDIA

To

The Hon'ble the Chief Justice and his companion Judges of the Hon’ble Supreme Court of
India.

The humble petition of the petitioner


MOST RESPECTFULLY SHOWETH:

1. That the present petition under Article 262 of the Constitution of India is filed for
issuance of Writ of Habeas Corpus.

2. That the petitioner is a resident of . . . . . . . . . . . . and he was living peacefully at his


residence at the place aforesaid.

2. That on. . . Respondent No.3 arrested…………and was derained him in an illegal


custody. The grounds of detention were not supplied to the petitioner.

4. That on . . . . . . . . . . . . the Petitioner submitted a representation against the detention


of………….to Respondent No. 2 and 3 but the same was not considered and they were nit
ready to infirm the petitioner about the ware about of the …………
5. That the was no reason for detaining ………

5. That the orders of detention of the Petitioner are illegal, improper and without
jurisdiction on the following:

GROUNDS
. Because the grounds are irrelevant to the object of the Act.
. Because the grounds are vague.
. Because there was no reason for detention.
Therefore it is humbly submitted by the petitioner. That for the reasons stated abouve it
is respectfully prayed that this Hon’ble Court may be pleased to issue a writ in the
nature of Habeas Corpus to the opposite parties and directing that the detenu be set at
liberty forthwith.
Date…………………

Advocate for the Petitioner.


PETITION FOR A WRIT OF MANDAMUS

IN THE HIGH COURT OF JUDICATURE AT ………………


(Original Civil Jurisdiction)
Writ Petition No . . . . . .of. . . 20

Name…………….. S/o.
R/o …………………………. Petitioner;
Versus
1. State of …………….. . . . . .

2. . . . . . . . . . . . .
Respondents.

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION FOR THE ISSUE OF A WRIT
OF MANDAMUS

To

The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of
Judicature at ………………………………..

The above named Petitioner begs to submit as under:

1. Facts in brief
2. The respondent has a duty to do the acts
3. The petitioner has the right to get it done.
4. The petitioner demanded the authority to do the thing.
5. The authority refused to do it.
6. Petitioner’s fundamental rights has been violated.
GROUNDS

A) ……………………………………………………..
B) ……………………………………………………..
C) ……………………………………………………..
D) ……………………………………………………..

It is, therefore, most respectfully prayed that

1. This Hon’ble Court may be pleased to issue a writ, direction or order in the
nature of mandamus be issued to Respondent No. …….. directing him to do
……………………………………………
2. Any other order or direction as this Court deems fit.

Dated………………………..
A.B.
(Petitioner)
…………………………..

(Counsel for the Petitioner)


IN THE HIGH COURT OF ……………….AT …………………..
Constitutional Writ Jurisdiction
CIVIL WRIT PETITION NO ………………….. OF ……………….

M/s................ Petitioner
Versus

……………………………….. Respondents

AFFIDAVIT

I, …………………… aged about ……………. years, working for gain at ………………………., do


hereby solemnly affirm and declare as under:

1. That the contents of the accompanying petition under art 226 of the Constitution of
India are true and correct to my knowledge and belief as derived from the record of
the company and believed by me to be true.
2. That the annexures to the writ petition are true and correct copies of the their
respective original(s).

Deponent

VERIFICATION
I, the above named deponent do hereby verify and declare that the facts stated in my
affidavit are true and correct to my knowledge and belief and that nothing material has
been concealed therefrom.

Verified at ………………….. on this ……………………day of..........................

Deponent
MODEL FORM OF PETITION FOR PROHIBITION
IN THE HIGH COURT OF ……………….AT................
Constitutional Writ Jurisdiction
CIVIL WRIT PETITION NO. ……………………. OF................

In Re:
M/s................ Petitioner
......................
......................

Versus

1) State Consumer Disputes Redressal Commission


…………………………..

2) ABC Company Respondents


Registered under the Companies Act 1956
having its registered office at................

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE


OF WRIT OF PROHIBTION OR OTHER APPROPRIATE WRIT

To
The Hon'ble Chief Justice of the High Court of……………
and His Companion Justices of the
said High Court at................

The humble petition of the petitioner above named

MOST RESPECTFULLY SHEWETH


The petitioner most respectfully submits as under:
1. That the petitioner is a company registered under the Companies Act 1956 having its
registered office at................
2. That the respondent no 2 had filed a complaint under the Consumer Protection Act
1986 alleging unfair trade practice on the part of the petitioner.
3. That respondent no 2 further alleged that he had purchased a machine from the
petitioner and it was further alleged that the same is defective and called upon the
petitioner to return the cost of the machine.
4. That the petitioner on receipt of the complaint made a preliminary objection about
the maintainability of the complaint as both petitioner and respondent no 2 are
engaged in business activity, hence, the respondent no 2 had no right to move
consumer court for redressal of their grievance.
5. That respondent no 1, State Consumer Dispute Redressal Commission where the
complaint is pending, has failed to pass orders on the preliminary objection of the
petitioner that the consumer agencies have no jurisdiction to try the complaint
where both the parties are engaged in commercial activity.
6. That instead of dismissing the complaint, respondent no 1 is proceeding with the
complaint which is not maintainable it.
7. That as the respondent no 1 has no jurisdiction to try and adjudicate upon the
complaint of the respondent no 2, the entire proceedings are bad in law and are
liable to be stayed.

GROUNDS

1. That the respondent no 1 has no jurisdiction to try and adjudicate upon the
complaint filed by respondent no 2 as it is a business dispute arid is not a consumer
dispute.
2. That respondent no 2 is not a consumer and has no right to file any complaint under
the Consumer Protection Act 1986 against the petitioner.
3. That in case the respondent no 2 proceeds in the matter, the same will result into
miscarriage of justice.
4. That the petitioner has not filed any other similar petition under art 226 of the
Constitution of India before this court or in any court of law.

PRAYER

It is, therefore, most respectfully prayed that this court may graciously be pleased to:
(i) issue an appropriate writ(s) in the nature of prohibition for prohibiting the
respondent no 1 from proceedings in the matter.
(ii) issue such appropriate writ(s) as this court may deem fit and proper in the facts
and circumstances of the case;
(iii) pass such further or other order(s) as this court may deem fit and proper for the
ends of justice.

Drawn and filed by

Advocate for the petitioner

Place ……………..
Date........................
IN THE HIGH COURT OF ……………….AT …………………..
Constitutional Writ Jurisdiction
CIVIL WRIT PETITION NO ………………….. OF ……………….

M/s................ Petitioner
Versus

State Consumer Disputes Redressal Commission & anor Respondents

AFFIDAVIT

I, …………………… aged about ……………. years, working for gain at ………………………., do


hereby solemnly affirm and declare as under:

1. That the contents of the accompanying petition under art 226 of the Constitution of
India are true and correct to my knowledge and belief as derived from the record of
the company and believed by me to be true.
2. That the annexures to the writ petition are true and correct copies of the their
respective original(s).

Deponent

VERIFICATION
I, the above named deponent do hereby verify and declare that the facts stated in my
affidavit are true and correct to my knowledge and belief and that nothing material has
been concealed therefrom.

Verified at ………………….. on this ……………………day of..........................

Deponent
IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.N o. OF 2009
IN
C.S.(OS) NO. 527 OF 2008

IN THE MATTER OF :

Industrial Development Corporation ………….. Plaintiff


Versus
Jayaprakash Systems (P) Ltd. ………….. Defendants

AN APPLICATION FILED BY THE DEFENDANTS UNDER SECTION 8 OF THE


ARBITRATION AND CONCILIATION ACT, 1996 READ WITH SECTION 151 OF C.P.C

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned Suit is filed by the plaintiff on 1.2.2007, seeking recovery
of Rs. 75,00,000/- along with future interest at the rate of 15% annum till the date of
realisation.

2. The applicant! defendant was served with summons and a copy of the Plaint and the
documents filed along with the suit on 2.3 .2007. The suit is posted for appearance
and for filing vakalath and written statement on 30.3.2007.

3. Thereafter the defendants through their counsel filed vakalath on 15.3.2007

4. The claim of the plaintiff arise out of Loan Agreement executed by and between the
plaintiff and defendants dated …………….The Loan Agreement dated …………….
contains an Arbitration Clause. The said Arbitration Clause is extracted herein
below for ready reference:-
"If any dispute or difference arises between the Parties hereto as to the construction,
interpretation, effect and implication of any provision of this Agreement including
the rights or liabilities or any claim or demand of any Party against other or in
regard to any matter under these presents but excluding any matters, decisions or
determination of which is expressly provided for in this Agreement, such disputes or
differences shall be referred to the sole arbitration and the decision of such
arbitrator shall be conclusive and binding on the parties hereto. A reference to the
arbitration under this Clause shall be deemed to be submission within the meaning
of the Arbitration and Conciliation Act, 1996 and the rules framed there under and
any statutory modifications thereof for the time being in force, which shall be
deemed to apply to the arbitration proceedings under this Clause.”

5. As per the agreement, the Courts at Delhi shall have exclusive jurisdiction in all
matters concerning this Agreement, including any matter arising out of the
arbitration proceeding or any award made therein. The certified true copy of the
Agreement dated ……………annexed and marked as ANNEXURE- RI

6. The dispute in the present Suit is regarding the construction, interpretation, effect
and implication of the provisions of the agreement and therefore referable to
arbitration as per the Agreement dated ……………
In the circumstances it is prayed that the parties be referred to arbitration as per the
Agreement dated ………………………. .

PRAYER

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


(i) Refer the parties to Arbitration as per Agreement dated …………………..

(ii) Stay the proceedings in the above Suit C.S. (O.S.) No. 527 of 2008

FOR WHICH ACT OF KINDNESS THE HUMBLE PETITIONER SHALL DUTY BOUND EVER
PRAY.

FILED BY
Advocate
NEW DELHI.
DATED ……………
IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.N o. OF 2009
IN
C.S.(OS) NO. 527 OF 2008
IN THE MATTER OF :

Industrial Development Corporation ………….. Plaintiff


Versus
Jayaprakash Systems (P) Ltd. ………….. Defendants

AFFIDAVIT
I, ……………………S/o……………………… aged …………………….. (ADDRESS), do hereby
solemnly affirm and state as follows :-

1. that I am the defendant in the above suit and the applicant in the present
petition and I am competent to swear this affidavit.
2. I state that I have read and understood the contents of the accompanying
Application under section 8 of the Arbitration and Conciliation Act 1996 and I
say that the contents thereof are true and correct to the best of my
knowledge. The submissions contained are based on the legal advice which I
believe to be true and correct.
3. that the annexures are true copies of the originals.

DEPONENT.

VERIFICATION

Solemnly affirmed and signed by the deponent on this ……….day of ………… 2007 at ………
that the contents of the affidavit are true and correct.

DEPONENT.
Deed of Gift of Property in Consideration of Natural Love

THIS DEED OF GIFT made this ……………….day of ……………1999

BETWEEN …………………..(hereinafter called the DONOR), of the one part, and …………...
(hereinafter Called the DONEE),of the other part, WITNESSES, that in consideration of
the natural love and affection which the DONOR had and still has for the donee, the
latter being his daughter, the DONOR doeth hereby grant, convey, transfer, give and
assure unto an to the use of the DONEE, freely and voluntarily, the property mentioned
and described in the schedule hereto and hereinafter referred to as the said property
and delivered possession of the same unto and in favour of the DONEE TO HAVE AND TO
HOLD the same for her sole use and benefit absolutely and unconditionally forever.
Usual covenants as in a sale-deed AND THAT the DONEE accepts the gift of the said
property hereunder made as testified by her being a party hereto and executing these
presents. The estimated value of the property is Rs……………

The Schedule above referred to

IN WITNESS WHEREOF the DONOR has executed these presents and the DONEE has
accepted the gift on the day, month and year first above-written.

Signed, sealed and delivered by …………


the DONOR in the presence of:

Signed, sealed and delivered by ………


the DONEE accepting the said gift.
DEED OF GIFT OF PROPERTY FOR PARTICULAR PURPOSE

THE DEED OF GIFT is made on this the ……………..day of ………2000 BETWEEN AB


of, etc. (hereinafter called the DONOR), of the one part, and CD of, etc. (hereinafter called
the DONEE), of the other part.

WHEREAS the DONEE intends to start a school in his village ……………. For the
education of girls AND whereas the DONOR is desirous of donating the land fully
mentioned and described in the schedule hereto to be used as a site for the said school.

NOW This Deed witnesseth that in pursuance of the said pious wish and desire
and as a patron of the proposed school to be started by the DONEE, the DONOR doeth
hereby and hereunder freely and voluntarily grant, convey, transfer, give, assign and
assure unto and to the use of the DONEE and his successor ALL THAT, etc., to be used
solely and exclusively for the purpose of a site for construction and accommodation of
the proposed girls’ school TO HAVE AND TO HOLD the same so long as the same shall be
used and occupied as a site and/or building of the school AND THAT the DONEE accepts
the gift of the said property hereunder made solely and exclusively for the purpose
hereinbefore indicated subject to the condition hereunder provided.

This deed further witnesseth that it is expressly agreed and understood by and
between the parties that this gift of land will stand ipso facto revoked in the event the
land hereunder given is not used for the purpose of the intended school for which the
same is give within a period of one year from the date of these presents or in the
alternative the said school is abolished or shifted elsewhere or amalgamated with some
other institution when and in all or any such event or events the land with all buildings
and structures, if any erected thereon, shall revert to and revest in the DONOR or his
heirs, executors, administrators and representatives and shall form part of his former
state as if this deed of gift was never executed nor intended. And it is further agreed by
and between the parties that in case the land is acquired by the Government, the DONEE
or his successors, including any person or persons managing the school, shall invest the
compensation money to be awarded in purchase or another land or building to be used
solely and exclusively for the school unless otherwise directed by any court of
competent jurisdiction. The estimated value of the property is Rs. ………………….

The Schedule

IN WITNESS WHEREOF the DONOR has executed this Deed of Gift and delivered the
same to the DONEE who has also executed the same in token of acceptance thereof the
day, month and year first above-written.

Signed, sealed and delivered by AB


the DONOR in the presence of:

Signed, sealed and delivered by CD


the DONEE in token of acceptance of the Gift.
ARBITRATION AGREEMENT

THIS AGREEMENT OF APPOINTMENT OF ARBITRATOR is made at Delhi on this


the ………day of ………20…….. between Mr. X, s/o ………. r/o……….. (hereinafter called the
FIRST PARTY).

AND

Mr. Y, s/o ………. r/o……….. (hereinafter called the SECOND PARTY).

WHEREAS the FIRST PARTY has agreed to sell his entire first floor portion with
common passage and staircase along with proportionate share of land underneath in
one free hold built up residential property at No. ……….. measuring ………….. sq. meters
more fully described in the Schedule hereunder along with all other concerning rights,
titles, interests etc. whatsoever vide Agreement to Sell dated ………………… to the
SECOND PARTY and the FIRST PARTY has also received the full and final consideration
for the said portion from the SECOND PARTY through separate receipt of full and final
payment executed and signed by the FIRST PARTY in the name of the SECOND PARTY.

AND WHEREAS the parties agree that in case of any dispute between the parties
or if the FIRST PARTY fail to comply with the terms and conditions of the said
Agreement for sale, then the parties shall refer the matter to the arbitrator mentioned
hereunder:

1. Mr. ………………….., s/o ……….………….. r/o………………..….. Delhi


2. Mr. ………………….., s/o ……….………….. r/o………………..….. Delhi
3 Mr……………………...s/o…………………….r/o…………………….Delhi

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:


1. That the arbitrators are entitled to decide and determine the matter referred to
them for final determination.

2. That the arbitrators shall deliver the award referred to them within four months
from the date of reference of the dispose.

3. That the arbitrators award shall be final and binding upon the parties, their heirs,
legal representatives and assignees in case of death of any of the party during the
course of arbitration proceedings.

4. That the arbitrators shall make such inquiries and shall call upon such evidences
as they may deem fit for the determination of the dispute between the parties.

5. That the arbitrators shall decide the matter referred to them under the relevant
provisions of Arbitration and Conciliation Act, 1996.

6. In case of difference of opinion between the arbitrators the the majority decision
shall be final.

7. That the arbitrators shall fix a date for hearing and if the parties do not turn up
on the date of hearing, the arbitrators shall proceed ex-parte.

8. That it shall be the discretion of the arbitrators to fix the cost of reference.

9. That the arbitrators shall make note of the evidences produced by the parties
and shall examine them and shall keep the minutes of the proceedings of the
arbitration.

10. That the arbitration award passed by the arbitrator shall have the same effect
as that of a decree of the civil court.
The above named parties do hereby agree to all the terms and conditions mentioned
above without any duress, coercion or undue influence and after fully understanding the
terms of this deed of arbitration do hereby put our hands on the day, month and year
first written above in the presence of the following witnesses:

s/d

FIRST PARTY

s/d
SECOND PARTY

Witnesses:

1………………

2…………………
RELINQUISHMENT DEED

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

………….., 20…
By

1. Shri…………….., S/o late. ……………… R/o …..

2. Miss ……………… d/o Late ………. R/o….. 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. ……….. W/o Late Sh. ………. R/o …….., hereinafter called ‘the Releasee’ which
expression shall unless repugnant to the context or meaning hereof, mean and include
her heirs, successors, legal representatives and executors or the second part.

WHEREAS Late Sh…………………. was the absolute owner of property bearing no.
…………….., Delhi.

ANDWHEREAS the said …………. expired/died on ……200.

ANDWHEREAS the releaser no.-1 is the son of Late ……………and the releaser
no.2 is the daughter of Late ………… and releasee is the wife of Late……………..

ANDWHEREAS besides releasors and releasee there is no other legal heir of the
deceased nor anybody else is entitled to or claim any right, title or interest in the above
mentioned property according to law of inheritance.

OR

ANDWHEREAS the said ………… died intestate without leaving any Will and
besides the releasors and releasee, there is no other legal heir of the deceased nor
anybody else is entitled to claim any right, title or interest in the above mentioned
property according to law of inheritance.

ANDWHEREAS the releasors wish to relinquish their share in favour of their


mother……….the releasee, who is also a shareholder in the property, on account of
natural love and affection without the receipt of any consideration amount from her.

Now this deed of Relinquishment witnesses as under

1. That the Releasors in pursuance to their wish hereby relinquish all their
share inherited on the death of their father ………….and hereby declare and
offer that the releasors, their successors, executors, administrators shall
have no right to claim or interest in the above said property and the same
shall rest absolutely in Smt. ………W/o Late ……………….R/o…………the
releasee.

2. That the possession of the above mentioned property is exclusively with


the Releasee and the Releasee is entitled to continue the same.

3. That the Releasee is fully entitled to get the above mentioned property
mutated transferred in her name on the basis of this deed of
Relinquishment.

4. That the original sale deed and other relevant paper regarding the above
mentioned property are with Releasee.

IN WITNESS WHEREOF the Releasors and the Releasee have set their respective
hands to this deed of Relinquishment at Delhi on date month year first above written.
s/d.

Releasor

s/d.

Releasee

Witnesses

1. X……….
S/o……………
R/o……………

2. Y……………….
S/o……………….
R/o………………….
IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE OF …

CAVEAT No…. of …

Between :-

Name……………… ………… Caveator

And

Name………………… ………… Objectors

CAVEAT FILED ON BEHALF OF THE CAVEATOR U/S. 148(A) OF THE

CODE OF CIVIL PROCEDURE CODE

1. Name………, S/o. …
aged, R/o. …Village………………………………………… Caveator:-

The address of the caveator is as stated above and all the processes to the
caveator may be served in the address shown above.

Name……W/o. ……
Aged….. R/o. ………………………………………………………… Objector

The address of the objectors is as stated above.

3. The caveator submits that he is the absolute owner in possession and


enjoyment of the schedule property and Respondents/Objectors have nothing to
do with the same. To cause harassment and wreck vengeance against the
caveator, the objectors are threatening to institute Civil Suit or Suits against the
Caveator and seek Interim ex parte order like Injunction, appointment of
Commissioner, appointment of Receiver etc., in which case the caveator may be
given notice off.

4. Court-fee of Rs. …………………. is paid.

5. Notice of the caveat has been sent to the objectors by registered post with
acknowledgement.
The caveator therefore prays that this Hon’ble Court may be pleased to lodge the
Caveat and Order notice of any petition that may be filed by the Objectors in any suit
that may be filed against the caveator and grant such other further relief.

s/d.
Caveator.

Advocate for caveator

Schedule

……………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………

I, the above caveator do hereby declare that the facts stated above are true, and correct
to the best of my knowledge and information and I signed at ………………………………… on
this the …………………………………..

. s/d.
Caveator
Petition for Letters of Administration

In the Court of the District Judge, …………

Case No……... / 20 09

Name, …….. s/o……. Petitioner

PETITION FILED UNDER SECTION 278 OF THE INDIAN SUCCESSION ACT,


1925 FOR THE GRANT OF LETTERS OF ADMINISTRATION

humble petition of the Petitioner above named most respectfully showeth:

1. That the late A.B. of ……………..died intestate at …………..on the …………day of


…………20……… leaving properties situate within the jurisdiction of this Court, A
description of the said properties is set forth in the affidavit annexed to the petition.

2. That the description of the relatives of the deceased and their respective
residences are given below:

(1) Name…………………………………………………Son (Petitioner)


(2) Name…………………………………………….... Brother,.r/o…….
(3) Name ……………… . Widow ………
(4) Name ………………………………………… mother…,r/o.
(5) Name ………………………………… …..Daughter…….. r/o..

3. The petitioner is the son of the deceased, and as such is entitled to letters of
administration to the estate of the deceased.

4. That the amount of assets which are likely to come to the petitioner’s hands is
Rs……………………. An account of which is given in Schedule ‘A’ and the amount of his
liabilities is Rs………………. Which is described in Schedule ‘B’ of the annexed affidavit.

5. That the deceased at the time of his death had a fixed place of abode at ……………..
or had properties at …………….. situate within the jurisdiction of this Court.
6. That, to the best of the petitioner’s belief, no application has as yet been made by
anybody to any other court for letters of administration of the estate of the said
deceased.

7. Under the circumstances set forth above, the petitioner prays that letters of
administration to the estate of A.B. may be granted to the petitioner.

And the petitioner as in duty bond shall ever pray.

I, ………………., the petitioner in the above petition, do hereby declare that what is
stated therein is true to the best of my information and belief.

(Signature of the Petitioner)


Petition for obtaining a Probate
(under section 276 of the Indian Succession Act, 1925)

IN THE HON’BLE COURT OF DISTRICT JUDGE,

AT…….

Name…….s/o Petitioner.
r/o ……………

Petition filed under section 276 of the Indian Succession Act, 1925

The petitioner most respectfully showeth:

1. That the petitioner is the only son-in-law of late Shri ……………………..


(name of deceased father-in-law), who resided permanently at …………………………………..
(mention the complete address).

2. That the said Late …………………….. had made a will annexed hereto as his
last will and testament in respect of his properties described in the Schedule attached
herewith.

3. That the said Late …………………….. died on …………. While residing at his
above stated address. Copy of death certificate issued by the …………………………… (name
and designation of authority issuing the death certificate) is attached herewith.

4. That the properties detailed in the Schedule attached herewith in respect


of which the said Late ……………….. has made a Will on…………. day of …………20……….
Situate within the jurisdiction of this Hon’ble Court.

5. That the said Late …………………………. As per his last Will dated
………….20……………. as referred above has appointed the petitioner as the sole executor
of his Will.

6. That the market value of the properties mentioned in Schedule attached


herewith the Will been left by the deceased Late …………………. and come in the hands of
the petitioner works out to be Rs……………….. (particulars of valuation thereof as
indicated in the Schedule).

7. That after discharging certain liabilities of deceased as shown in the


Schedule the approximate value of the properties of deceased come out to be Rs.
……………..(mention the approximate amount).

8. That to the best of knowledge and belief to the petitioner, no application


has been made in any court of law for grant of probate regarding will or letter of
administration of the properties left by deceased Late…………………… (mention the name
of deceased).
9. That there is no legal impediment for grant of probate to the petitioner.

In view of the above narrated facts and circumstances, the petitioner most
humbly and respectfully prays that the probate be granted in his favour on the basis of
will made on …………..day of ………..20…….. of the deceased Late………………………..(name of
the deceased).

Petitioner

s/d.
VERIFICATION

Verified on this ……………day of …………..20………. that I, ………….. the above named


petitioner do hereby solemnly affirm that the statements made in the above petition are
true and correct to the best of my knowledge and belief.

Petitioner

s/d.
WITNESSES:

I, …………………… s/o……………….. r/o………………. hereby confirm that I being


witness to the Will dated ……………20………. made by Late …………………………….. enclosed
with this application, declare that the deceased Late ………………………. has put his
signature on the said Will in the presence of me and one Shri …………………….. (name the
other witness, if any) and at that time the deceased Late ……………………….. was having
full knowledge and understanding of the contents of the Will. The deceased read and
understood the contents of his said Will and admitted before me the correctness of the
contents of the said Will and it was his last Will and testament.

Signature of witness with address.

Encl:

Schedules of properties and liabilities.


MEMORANDUM OF REVIEW PETITION

IN THE HIGH COURT OF JUDICATURE


OF ……………… AT ……………….

Review .P. No. …………….of


in
A. No. …………………. of …….

On the file of the High Court of ……….. at ……….. dt. ……………………….


Between :-
……………. …………. Appellant

And

……………….. ……………. Respondents

[Under Order 47 Rule 5 and Section 151 of C.P.C]

The address for service of all notices and processes on the above named
Appellant is that of its counsel …………………… and ………………………, Advocates at
…………………………….

The above named Appellant begs to present this Memorandum of Review


Petition to this Hon’ble Court against the Order of the Hon’ble High Court, Division
Bench consisting of his Lordship Justice …………. And Justice …………………. In .A. No.
……………., dated …………. For the following among other.

Grounds

1. The order of the Division Bench directing the respondents to pay a sum of Rs.
……………. Every quarter is not justifiable and does not protect the interests of the
petitioner.

2. The learned Judges should have seen that admittedly the transaction between the
defendants ……….. to …… and ……… were neither within the knowledge of the
plaintiff nor with the prior approval or consent of the plaintiff Bank. Therefore,
the possession of the ……….. defendant is illegal and does not bind the plaintiff.

3. The learned Judge should have seen that immediately after the plaintiff came to
know about the transaction, the plaintiff has recalled the advance and the ……..
defendant cannot be permitted to be in possession of the property without
taking steps to repay the liability as admitted between the defendants….. to ……
and ……… Since the ……… defendant did not carryout the understanding between
it and defendants ………. to ….., it cannot be permitted to be in possession of the
property without clearing the liability to the plaintiff Bank.
4. The learned Judges should have seen that though the transaction appears to be
way back on ………………., till the date of filing of suit or thereafter the ………
defendant has not taken any steps to repay the amounts due to the plaintiff Bank.
Therefore, the …….. defendant cannot be permitted to be in possession of the
assets and liabilities of the ………. defendant.

5. The learned Judges should have seen that by virtue of allowing the ……..
defendant to run the factory without making any payments, the …….. defendant’s
property is in danger of being wasted away and the value of the assets will be
diminished and as such the plaintiff will not be in a position to recover its dues.

6. The direction of the learned Judges to deposit Rs. ……….. every quarter will not be
even sufficient of the interest accrued from time to time. Therefore, the learned
Judges should have granted injunction restraining the ………… defendant from
running the unit.

7. The learned Judges at least should have exercised the power under Order 39,
Rule 1 by appointing a Receiver to safeguard the interests of the Plaintiff and by
preventing the wastage and damage of the property which is under mortgage to
the plaintiff Bank.

8. Contrary to the directions of this Hon’ble Court, the defendant has not completely
paid the first installment due and thus the …… defendant even violated the
directions of this Hon’ble Court. Hence, it is a fit case for appointment of a
Receiver to safeguard the interests of the property by virtue of the powers
conferred under Order 39, Rule 1 read with Section 151 of C.P.C.

9. The learned Judges should have seen that under Section 65-A of the Transfer of
Property Act, a mortgagor has no right to alienate the property by way of lease in
more than a period of ……… years. Therefore, the alienation of the firm’s
property by defendants……….. to … in favour of the …… defendant is void and
therefore the …….. defendant cannot be permitted to be in possession of the
property. In the circumstances the learned Judges should have protected the
interests of the plaintiff Bank by directing to deposit atleast the entire principal
sum or atleast should have appointed a Receiver to safeguard the interests of the
Plaintiff Bank.

Valuation :

The value of this Review Petition is more than Rs. …………… and the fixed Court-
fee of Rs. ………… is paid herewith.

:
Dated this the ………. Day of ………… 2009.

Counsel for the Petitioner


MEMORANDUM OF CIVIL REVISION PETITION

IN THE HIGH COURT OF JUDICATURE


OF ……………….. AT ……………….

C.R.P. No. ……………….. of


in
E.A. No. …………………… of
in
E.P. No. …………………… of
in
O.S. No. ………………… of

Between :-
……………. …………. Petitioner

And

……………….. ………. Respondent

On the file of First Addl. District Munsif Court ……………

Between :-
……………. …………. Plaintiff

And

……………….. ………. Defendant

MEMORANDUM OF CIVIL REVISION PETITION FILED UNDER SECTION 115 OF C.P.C.

The address for service of all notices and processes, summonses on the above
named petitioner in that of her counsel.

(2) The above named petitioner begs to present this Memorandum of Civil
Revision Petition to this Hon’ble High Court against the Order in dated ………………. in E.A.
No. …………….. of ………………. E.P. No. ……………. of ………… in O.S. No. …………. of ………………
on the file of First Addl. District Munsif, ………………… on the following amongst other
grounds.

Grounds

1. The order of the Court below is contrary to law, weight of evidence and is vitiated
by errors of jurisdiction.

2. The Court below should have seen that immediately after the dismissal of
application to set aside the default order, the petitioner can file a revision against
that order within ……….. days to the High Court.

3. The Court below should have seen that there is a decree for the vacant
possession of the land but there is no decree for the removal of the machinery of
the rice mill which made the decree in executable.

4. The Court below ought to have waited till the limitation for filing CRP expires
without missing the E.A. with a direction to petitioner to handover the vacant
suit site land which is beyond his jurisdiction.

5. The Court below misunderstood the scope of Section 47 and dismissed the E.A.
before the expiry of limitation for filing a CRP in the Hon’ble High Court.

In view of the matter, the Court below ought to have waited for the result of the CRP
without dismissing the E.A.
(3) The value of the CRP is more than Rs. …………… and a fixed Court-fee of Rs. …………. Is
paid herewith.

Therefore it is prayed that this Hon’ble High Court may be pleased to set aside the order,
dt. …………….. in E.A. No. ………….. in E.P. No. ……….. of ………………. In O.S. No. ………. of
………… on the file of First Addl. District Munsif, ……………………., and pass such other and
further orders.

Dated this the ………….day of…….


Counsel for the Petitioner
MEMMORANDUM OF APPEAL

IN THE COURT OF THE SENIOR CIVILJUDGE OF …

C.M.A. No. ……of……


in
I.A. No. ………….. of …

Between :-
……………. …………. Appellants

And

……………….. ……………. Respondents

On appeal against the order of injunction vacated dated ……………..


By the Munsif court in

I.A. No. …………… of


In
.
O.S. No. ………….. of …

Between :-

……………. …………. Plaintiffs/Petitioners

And

……………….. ……………. Defendants/Respondents

Memorandum of Civil Miscellaneous Appeal filed on behalf of the Appellants


under Order 43 Rule 1 of C.P.C.

1. Appellant ………………………, S/o. ……………………………., aged about …………… years,


residing at ……………., village …………………, …………… taluk …………… district within the
jurisdiction of this Hon’ble Court.

Address of the Appellants are as stated above. C/o. ………………..


Advocate……………………..

2. Respondent…………………….., W/o. ………………………., aged about ……………… years,


residing at ……………….., village …………, ………… taluk within the jurisdiction of this
Hon’ble Court.
The addresses of the respondent is as stated above.

The above named Appellant being vacated the order of injunction granted in
favour of the respondents in I.A. ……………. In O.S. No. ……….. on the file of ………………..,
dated ………….. against the Appellants and the appellants beg to prefer the following
among others.
Grounds of Appeal

1. The Lower Court passed orders in the said I.A. against the law and weight of the
evidence and other probabilities of the case.

2. The Lower Court ought to have allowed the petition by granting temporary
injunction on the sole ground that the respondents ……… to …….. who are J.Ds. in
O.E.P. ……….. on the file of Subordinate Judges Court, ……………. Have no saleable
interest in the suit properties as per the final decree in O.S. ……….. on the file of
Sub-Court, ……………..

3. The Lower Court grossly erred in dismissing the petition having come to the
conclusion that the Respondents have no saleable interest and the ……..
respondent stepped into the shoes of respondents ……… to …… to the process of
Court auction, also has no right, title or interest or possession and further as per
the principles of that Neme dot and quard non habet i.e., no one can convey
better title what he has. So the ….. respondent did not get any right or title
although he purchased the suit properties (in collusion with his father who is a
decree holder in O.S. ………….) in the Court auction.

4. The Lower Court ought not to have commented about the compromise decree in
O.S. No. …………… except to follow the same which is binding on the parties to the
said decree.

5. The Lower Court erred in concluding that one should file any claim petition
under Order 21, Rule 58 if one’s property is attached before the date of sale and
later he cannot file a suit after the sale of property.

6. The Lower Court ought not to have vacate the interim injunction only on the
ground that the appellants have filed to proceed properly and prosecuted his
case.

7. The Lower Court ought not to have come to the conclusion that the petitioner has
filed the previous proceedings as if he knows the legal consequences.

8. It is therefore prayed that this Hon’ble Court may please to allow the appeal and
grant temporary injunction against the respondents till the disposal of the suit
O.S. …… on the file of ………………, D.M.C., and pass such other order or orders as
this Hon’ble Court may deem fit in the circumstances of the case.

Memo of valuation
Court-fee paid on the C.M.A. Rs. …………..
Under Art. 3, Sch. II of C.F. Act is ……….. Rs. …………..

Schedule

…………………………………………………………………………………
………………………………………………………………………………………….
………………………………………………………………………………………….

Advocate for the Appellant


Lease Deed

THIS DEED of lease made at …………this………day……..of 20……….by and between


A (description) and B (description) is as under :

Whereas the lessor is the absolute owner of the property more fully described
in the schedule.
Whereas the lessee approached the lessor for lease of the said property to the
former.
Whereas the lessor has consented the same.

It is, hereby, mutually agreed to between the parties hereto as follows:

1. The property demised by the lessor to the lessee is the one that is more
fully described in the Schedule hereto.

2. The tenancy is for a period of three years from this date (i.e.) from
……..to………. The lessee is given the option to renew the lease for a further
period of three years provided he exercises his right to renew the lease
three months prior to expiry of the lease period herein and provided
further that on such renewal the lesser shall pay as monthly rent the
present monthly rent plus 20% increase thereon.
3. The monthly rent is Rs…………..(Rupees ……….only) it does not include
charges or fees for amenities such as water, electricity, etc. The lessee
shall, himself, bear the charges or fees for such amenities.
4. The demised premises shall be used for residential/non-
residential/manufacturing purposes only.

5. The lessees has paid this day to the lessor a sum of Rs…………….
(Rupees……………………..only) as security deposit. The same is refundable
to the lessee on the lessee vacating and surrendering vacant possession of
the demised premises subject to adjustment by the lessor as hereinafter
stipulated. In the meantime, it shall not carry any interest.

6. The monthly rent shall be paid on or before 5 th of the month succeeding


that for which the same shall fall due on 5th of every succeeding month.
7. The lessee shall not sublet the demised premises or any part thereof
without, the written consent of the lessor.

8. The lessee shall not erect any permanent structure in the demised
premises or any part thereof without the written consent of the lessor.

9. The lessee is entitled to make his own arrangements for the additional
electrical fittings at his cost and responsibility and shall remove all such
fittings at the time of vacating the demised premises without causing any
damage to the premises.
10. The lessee shall, at his cost carry out, minor repairs to, and colour/white
wash, the premises. The lessee should maintain the property in good
condition and shall, at the time of vacating the premises, hand over the
same in the same condition as it was at the time of letting subject to
reasonable wear and tear.

11. The lessee should allow the lessor and or his agents, at all reasonable
times during the subsistence of the lease to enter upon the property and
inspect the condition thereof and give or leave notice of any defect in such
condition and if such defect is caused by any act or default on the part of
the lessee, his servants or agents, he is bound to make good the same
within three months from date of receipt of such notice by the lessor.

12. If the lessor becomes aware of any proceeding touching the demised
property or any encroachment he shall give with reasonable diligence
notice thereof to the lessor.

13. The lessee shall not put the demised property for any purpose other than
that for which it is leased.

14. In case the lessee commits breach of any of the covenants contained
herein, the lease shall stand determined irrespective of the period
stipulated herein, and the lessor will be entitled to re-enter the same.
15. The lessee shall vacate and surrender vacant possession of the demised
premises on the expiry of the period of lease.
16. If at the time of vacating the premises any damage is found to have been
caused to the premises the lessee shall bear such cost as to repair the
damages and if the lessee shall fail to do so, the lessor is entitled to have
the repair carried out and shall adjust such cost against the security
deposit in his hands and refund the balance subject to further adjustment
against arrears of electricity charges, water charges and other public dues
payable by the lessee touching the demised premises.
17. The lessor shall pay the property tax and other taxes by virtue of
possessing and enjoying the property. In case the lessee constrained to
pay, he is entitled to adjust such payments against the rents.
18. The lessor assures the lessee that the lessee shall enjoy the demised
premises without any interruption or interference by him or at his
instance as long as the lessee observes his obligations under this deed of
lease.
19. The term lessor shall mean and include his heirs, executors,
administrators, legal representatives and assignees while the term lessee
will include only his wife and son living as part of his family until his
demise.
20. In other respects the Transfer of Property Act shall apply.

SCHEDULE

In witness whereof the lessor and the lessee set their respective hands and seals
on the day and year first above written and in the presence of witnesses:
Lessor.

Lessee.

1. ………………….

2. ………………….

I……….. declare that what is stated herein is true to the best of my knowledge and
belief.
Signed ………………….., decree-holder

Dated the ……………….. day of ……………. 19……/20……

[When attachment and sale of immovable property is sought]


Description and specification of property

The undivided one-third share of the judgment-debtor in a house situated in the


village of ………………., value Rs. 40, and bounded as follows:-
East by G’s house; West by H’s house, South by public road; North by private lane
and J’s house.
I ……………………… declare that what is stated in the above description is true to
the best of my knowledge and belief, and so far as I have been able to ascertain the
interest of the defendant in the property therein specified.

Signed ………………….., decree-holder