PART-I

DRAFTING
OF
CIVIL PLEADINGS"

INTRODUCTION:
Pleadings means the Plaint and the Written Statement.
the material facts on which
Every Pleading shall contain only and only a Statement in a concise form of
the party relies for his claim or defense as the case may be, but not the evidence by which they are to
be

proved.
Every pleading shall, when necessary be divided into paragraphs numbered consequently. Allegation
being so far as is convenient should be contained in a separate paragraph.
Dates sums and numbers shall be expressed in a pleading in figures aswel as in
words.
In all cases in which the party's Pleadings relies on any of
misrepresentation, fraud, breach willful
trust,such
default, or undue influence and in all other cases in which particulars may necessary beyond
be are

exemplified shall be
in the forms aforesaid, particulars stated in the pleadings.
 162. Author-Prof Prakash K.KMoka
Pleadings shall be clear and nambiguous. Law points should not be stated in the pleadir
Mokal.
should be material facts and facts
only.
Following are the parts of apleadings-
1) Title:
It deals with the in which the
court plaint is presented.
2) Matter of Inducement:
It begins with the words "The Plaintiff above named states as

3) Cause of action:
s i c rules for the cause of action is that, when the fact is alleged, particular fact must be mentioned.
A the facts of the case must be marshaled in a chronological order as it helps to understand what is hs
subject matter of the case, whether in the tort or the contract, etc. and helps to identify the court in
it can be filed. which

4) Common paragraphs :
They are the paragraphs regarding the jurisdiction. It contains the limitation clause, suit
clause, etc. valuatian

5) The Prayers:
The Relief sought from the court is to be mentioned in this clause.
Now in this part shall see the Drafting of Plaint, Affidavit in
we
Support, Notice of Motion, Chamber
Summons, and the Written Statement.

PLAINT"
SECTION 26, 0. IV AND 0.VII

Section 26 of C. P. C. lays down that every suit should be instituted the

such other manner as may be prescribed.
by presentation of the plaint or in
In every such plaint,
facts are to be proved by affidavit. Such Plaint is to be presented in duplicate to the
court or to such officer as may be appointed
by the court.
A suit is instituted when the plaint is presented, and not when the suit is
registered.
Written statement to the extent of claiming set off is deemed be
presented to the Court having proper jurisdiction.
to a plaint, however, the plaint is to

Now we shall Draft a Plaint based on the following facts.

FACTS

cUVAMULAL SHARMA has placed an order with MAHESH ANAND

for 1000 BAGS OF TEA to D
cInnlied on 23 DECEMBERK, 2020. Price was RS.200/- PER BAG. MAHESH ANAND fails
 deliver sala supply on 23RD DECEMBER 163. Author-Prof Prakash K. Mokal.
2020 On 24TH DECEMBER, 2020 SHYAMLAL
ned AsANAND and told him
that he needed the bags very
the the
gs fromDagsMAHESH but did not send. Ultimately,urgently,
and
ANAND
open market and promised requestea nintne
he has to PAY
SHYAMLAL purchased
RS.220/- PER BAG.
On
27DECEVBER,
of the damages @ RS.20
2020
SHYAMLAL Ales the suit against
PER BAG MAHESH ANAND for the recovETy
being the excess price he had to
tn the above matter. pay per ba
Plaint should be drafted as
IN THE cITY
underl:
CIVIL COURT OF
SUIT NO: 43 OF BOMBAY,
2020.
AT BOMBAY.
SHYAMLAL SHARMA
B-15, GULAB VIEw,
MUMBAI,400074 .. CHEMBUR,
...PLAINTIFF.
V/S.
MAHESH ANAND.
5, ESCORT VILLA,
BANDRA-WEST,
MUMBA - 400 050.

*****.****
MAY IT PLEASE YOUR ....DEFENDANTI.
HONOUR.
THE PLAINFIFF ABOVENAMED BEGS TO STATE AS
1. The UNDER:
plaintiff as a businessman dealing in the selling of the Tea
2. The defendant is also a businessman
on
wholesale basis.
dealing in the selling of the tea on a
3.On 23th December large scale basis.
2020 plaintiff
of the tea
@ Rs.200/- Per Bag to be placed the order with the defendant for the
supplied by 23" December, 2020. supply of the 1000 bags
4.
Defendant failed to
supply
the said
consignment by the prescribed date.
S.On 24th
OT December, 2020
the said tea plaintiff phoned the defendant and told him that he
bags and requested to send the tea bags. was in very
urgent need
Defendant promised to send the same
but never sent it.

itimately, plaintiff purchased tea bags from

as@Rs.220/- per bag. the open market and the
price he had
paid for the same

hPay 1ntiff
the requested the defendant
forne to pay the
order which the defendant failed
difference of the sum of Rs.20/- per bag which
to deliver. he had to

C
of the repeated requests defendant failed to pay the said sum of money to the defendant.
 INTRODUCTION COMPLAIN T"
Section 200 of the Code
Magistrate. It lays down of Criminal Procedure deals with the
Magistrate takes cognizancethe procedure
of an offence regulating complaints complaints which are made to the
and the witnesses, if on made by the
any, on oath and
a
complaint, he must, first of
private
all examine theperson.
If the
Thiscomplaint must be signed must then reduce
by the
complainant,
the substance of
the witnesses and such examination complainant
into writing.
also by the
If the
complaint is made to the Magistrate.
must, if the
complaint is in
Magistrate
who is not
competent to take the
that effect. writing, return it for
presentation
to the cognizance of the offence, he
proper court with an endorsement to
If the
complaint is not in writing, then direct the complainant to the proper court.
The complaint if made in
that the
writing to the Magistrate, then the complaint should contain all the
complainant wants to make against the Accused, if the accused person is known Allegations
to the
Complainant, and if the accused person is unknown to the complainant then the
=the namne of some unknown person. complaint
can be made in
i
i
 172. Author-Prof. Prakash K. Mokal
A Complaint is always made to the Magistrate with the view to his taking action under the Code.
Now we shall see how a Complaint made to a Magistrate is drafted.
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASss.
MAGISTRATE COURT BELAPUR.
COURT CASE NO.224 OF 2020.

MR. RAMNARAYAN GUPTA.

B-56, MANORAMA APARATMENTS,
BELAPUR, NAVI MUMBAI 400614.
cOMPLAINANT.

VIS.

MR.GOVARDHANDAS PANDEY.
B-58, MANORAMA APARATMENTS,
BELAPUR, NAVI MUMBAI-400 614.
" ACCUSED.
 183. Author-Prof, Prakash K. Mokal.
APPE AL"
NTRODUCTION:
erm appeal signifies theright of carrying a particular case from the inferior to a
h view to ascertaining whether the judgment superior
of the lower court is sustainable. It is court,
ncmbered that Appeal is a creation of the Statute, and exists to be
only where such right is conferred by the
statute.
sion 372 of the Code of Criminal
Sectio
Procedure deals with the Appeal and
at no appeal will lie from lays down the general rule
any judgment or order
Crminal Procedure Code or by any other law.
ofcriminal court,
a
except as provided by the
APPEALSFROM CONVICTION
t is provided that any person who is convicted on trial
Criminal Jurisdiction, can appeal to the Supreme Court.
by the High Court in its Extraordinary Original
Ifa person is convicted on trail by the Session Court or
any Court passing the sentence of 7 years or
more, he can file appeal to the High Court.
If a person is convicted by any other Metropolitan Court the
sentence upto 3 years, then Appeal lies to the Sessions Court.
or
Magistrate Court passing the
The Application for Appeal is hereby Drafted as under
APPEAL BEFORE SESsIONS COURT:
INTHE COURT OF SESSIONS AT THANE
CRIMINAL APPEAL NO : 712 OF 2020
MR.GOVARDHANDAS PANDEY.
B-58, MANORAMA APARATMENTS,
BELAPUR, NAVIMUMBAI-400614.. ****** ..APPEALANT
(ORIGINAL ACCUSED)
VIS.
STATE OF MAHARASHTRA. asssesoa e o.RESPONDENTT
HROUGH BELAPUR POLICE STATION).
(ORIGINAL COMPLAINANT)
ay it please your Honour
December, 2020 passed by the
This C the Judgment Dated 19
n a l Appeal is preferred Against 32 of Magistrate
Court Belapur, in the -
at Court Room No. STATE OF
CrimJudicial Magistrate presidingbetween GOVERDHANDAS PANDEY V/S.
Case No : 222 of 2017 IPC, Convicting the
the
u/s. 379 IPC, Convicting
MAR BELAPUR POLICE STATION)
of Imprisonment and a
PDelASHTRA (THROUGH him to undergo 3 years
Section and sentencing
under the aforesaid
e of Rs.1000/-
 184 Author-Prof Prakash K. Mokal
Being Aggrievd by the Orier and Jadynent of the Learned Judicial Magistrate presiding at (ourt
Rom Na o t Magistrate C'ourt Belapur. The Appellant prefers
Appeal on the Following this
ameagst ether Grounds-
D Te judgment of the trial court is bad in law and deserves to be set aside.
The Jaigment unwarranted
is by the evidenee on record as the learned judicial Magistrate has tailed
appraiate the Evidene on moni.
3) The Judgmeat sutfers from the self As the trial court has found that the
contradictory Findings.
Appellant was not invohad in any thett of any artiele tvm the godown.
4) Under the cireumstanoes of the The
case
Appellant is not guilty of any criminal offence.
5) Moraover, there is eye witness
no to testity that the Appellant was present the site of the Thett
6)Because the sentence is unwarranted for.
ITIS THEREFORE PRAYED THAT THIs HONORABLE COURT BE PLEASED -
1. To admit the appeal for
hearing. and after hearing the Appellant, the judgment of the Trial court
recording the conviction and imposing sentence on the Appellant be set aside and he be acquitted.
2. That pending the hearing and the final
disposal of this Appeal, this Honorable court be pleased to
stay the Execution Proceeding of the sentence awarded by the Learned Judicial
Court Room No. 32 of Magistrate Court-Belapur. Magistrate presiding at
3. That pending the hearing of this
Appeal and the Final Disposal of this Appeal, the Bail granted to
the Appellant may please be continued.
4. Any other order in the interest of the justice.
For this act of kindness, the Appellant shall ever be thankful to this Honourable court and shall
ever pray
SD/-
PLACE:MUMBAI GOVERDHANDAS PANDEY
DATE: 21* JANUARY, 20200 APPELLANT
SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE APPELLANT
APPEAL BEFORE THE HIGH CURT
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
CRIMINAL APPELATE JURISDICTION.
CRIMINAL APPEAL NO : 2786 OF 2020.
 "REVISION"
INTRODUCTION: records by the High Court of the Sessions
The term 'Revision' under criminal law means calling of
inferior Criminal Court situated
Court and examine the record of any proceeding before any
or
within its local jurisdiction, for the purpose of satisfying itself as to the correctness, legality
or order recorded or passed, as to the regularity of any
propriety of any finding, sentence
proceeding of such inferior Court.
While calling for such record, it may also direct the execution of any sentence or order to be
own
suspended.
the
and if the accused is in confinement, that he be released on bail, on his bond, pending
examination of the record.
Section 397 of Code of Criminal Procedure deals with the provision of Revision.
Note: If an Application is made by any person to the High Court, then such person cannot make a
further Application to the Sessions Judge and vice-versa.
 187.
Wan Application for Revision made to a court is drafted as under:
Author-Prof Prakash K. Mokal.
REVISIONAPPLICATION BEFORE THE SESSIONS COURT:
IN THE COURT OF SESSIONS AT THANE
CRIMINAL REVISION NO:6 OF 2020
MRGOVARDHANDAS PANDEY.
R8, MANORAMA APARATMENTS,
BELAPUR, NAVIMUMBAI-400614....
REVISIONIST.
(ORIGINAL ACCUSED)
V/S.
STATE OF MAHARASHTRA
THROUGH BELAPUR POLICE STATION)..
eeeee. RESPONDENT.
(ORIGINAL COMPLAINANT)
May it please your Honour:
This Criminal Revision is preferred Against the Judgment Dated 19" January, 2020 passed by the
Learned Judicial Magistrate presiding at Court Room
Criminal Case No : 222 of 2020 between No. 32 of Magistrate Court-Belapur, in the
GOVERDHANDAS PANDEY V/S. STATE OF
MAHARASHTRA (THROUGH BELAPUR POLICE
Appellant under the aforesaid Section and STATION) u/s 379 IPC, convicting the
Sentencing him to undergo
3 years of a
fine of Rs.1000/-. Imprisonment and
Being Aggrieved by the Order and Judgment of the Learned Judicial
Room No. 32 of
the
Magistrate presiding at Court
Magistrate Court Belapur, Revisionist prefers
this Revision Application on the
Following amongst other Grounds-
)The judgment of the trial court is bad in
law and deserves to be set aside.
The is
41o Judgment unwarranted by the evidence on record as the learned Judicial
appreciate the Evidence on
Magistrate has failed
record.
ne Judgment suffers from the self contradictory findings, as the trial court has found that the
VISIonist was not involved in any theft of any article from the Godown.
d e r the
circumstances of the case, the Revisionist is not guilty of any criminal offence.
N
5) Oreover, there is no eye witness to testify that the Revisionist was present at the site of the Theft.
6)
Becaus the sentence is unwarrant for.
lHEREFORE PRAYED THAT THIS HONOURABLE COURT BE PLEASED -
1.T
ria dmit the Revision Application for hearing, and after hearing the Revisionist, the judgment of the
eDe a r t recording the conviction and imposing sentence on the Revisionist, be set aside and he
acquitted.
 188 Author-Prof. Prakash K. Mokal,
2. That pending the hearing and the final disposal of this Revision Application, this Honourable court
be pleased to stay the Execution Proceeding of the sentence awarded by the Learned Judicial
Magistrate presiding at court Room No. 32 of Magistrate Court-Belapur.

3. That pending the hearing of this Revision Application and the final disposal of this Revision
Application, the Bail granted to the Revisionist may please be continued.

4. Any other order in the interest of the justice.

For this act of kindness, the Revisionist shall ever be thankful to this Honourable court and shall
ever pray.

SD/
PLACE:MUMBAI GOVERDHANDAS PANDEY
DATE :2 FEBURARY, 2020.
REVISIONIST
SD/-
ISHWARLAL AGARWAL
ADVOCATE FOR THE REVISIONIST
 190. Author-Prof. Prakash K. Mokal.
WRIT PETITON"
Remedies in the form of Writs can be sought u/A-226 and u/A-227of
the High Courts of the States and u/A-32 Constitution of India
through
through the Court. Supreme
There five kinds of Writs
are
provided under Constitution of India.
They are:
1. HABEAS CORPUS:
The Latin phrase Habeas Corpus means "have the body". This writ provides the prompt and effective
remedy against illegal restraints. The principal object of this Writ is to
the alleged unlawful detention. provide for the judicial review of

2. MANDAMUS:
Mandamus means the "command". It is an order issued
by the Court to a public authority, asking it to
perform a public duty imposed upon it bythe Constitution or
by any other law.
Mandamus is a judicial remedy which is in the form of an order from the
Supreme Court or the High Court) to any Government. Court, Superior Court (The
do or to forbear from doing some Corporation or the Public
Authority to
specific act which that body is obliged under law to do or refrain
from doing, as the case
may be. and which is in the nature ot a public duty and in certain cases of a
Statutory duty.
3.PROHIBITION
A Writ of Prohibition is a judicial Writ. It can be issued against a
judicial
Quasi-judicial
or the
authority. Where such authority exceeds its jurisdiction or tries to exercise jurisdiction not vested in it.
A Writ of Prohibition is an order
directing an Inferior Tribunal forbidding or from continuing it
with proceeding on the ground that the proceeding is without or excess of
laws of the land, statutory or otherwise.
jurisdiction
or contrary to the

4.CERTIORARI:|
Certiorari means "to certify". It is so named as in it's
original form it requires the judge of any inferior
court of record to certity the record of any matter in that court with all things touching the same and to
send it to king's court to be examined.
It is an order issued by the High Court to an inferior court or any
authority exercising judicial or quasi-
judicial functions to investigate and decide the legality and validity of the orders passed by it.

5. QUO WARRANTO:
Quo Warranto literally means *what is your authority ?". It is a judicial remedy against er
or usurper of an independent substantive public office, franchise or liberty.
If the holder has no authority to hold the office, he can be ousted from its enjoyment.