1

A lawyer or attorney is a person who practices as an advocate, attorney at lw, barrister, barrister at law,

bar-at-Law,canonist canon lawyer, civil Law notary,counsel counselor, slolicitor,legel executive or public
servant preparing, interpreting and applying the law, but not as a paralegal or charter executive Working as
a lawyer involves the practical application of abstract legal theories and knowledge to solve specific
individualized problems, or to advance the interests of those who hire lawyers to perform legal services.
The role of the lawyer varies greatly across different legal jurisdictions

Responsibilities
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a
variety of civil law notaries., clerks, and scriveners. These countries do not have "lawyers" in the American
sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their
legal professions consist of a large number of different kinds of law-trained persons, known as jurists,
some of whom are advoctes who are licensed to practice in the courts.It is difficult to formulate accurate
generalizations that cover all the countries with multiple legal professions because each country has
traditionally had its own peculiar method of dividing up legal work among all its different types of legal
professionals.
Notably, England, the mother of the common law jurisdictions, emerged from the Middle Ages with similar
complexity in its legal professions, but then evolved by the 19th century to a single division between
barristers and solicitors. An equivalent division developed between advocates and procurators in some civil
law countries; these two types did not always monopolize the practice of law, in that they coexisted with
civil law notaries.
Several countries that originally had two or more legal professions have since fused or united their
professions into a single type of lawyer. Most countries in this category are common law countries, though
France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition
In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the
responsibilities listed below.

Oral argument in the courts

Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in
England and Australia,[23] and of advocates in some civil law jurisdictions.[24] However, the boundary
between barristers and solicitors has evolved. In England today, the barrister monopoly covers only
appellate courts, and barristers must compete directly with solicitors in many trial courts.[25] In countries like
the United States, which have fused legal professions, there are trial lawyers who specialize in trying cases
in court, but trial lawyers do not have a legal monopoly like barristers. In some countries, litigants have the
option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before
certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their
clients, in an effort to save money for all participants in a small case.[26] In other countries, like Venezuela,
no one may appear before a judge unless represented by a lawyer.[27] The advantage of the latter regime is
that lawyers are familiar with the court's customs and procedures, and make the legal system more
efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down
as a result of their inexperience.
Research and drafting of court papers
Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They
may have to perform extensive research into relevant facts. Also, they are drafting legal papers and
preparing for an oral argument.
In England, the usual division of labor is that a solicitor will obtain the facts of the case from the client and
then brief a barrister (usually in writing).[30] The barrister then researches and drafts the necessary court
pleadings (which will be filed and served by the solicitor) and orally argues the case.[31]
In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts
the papers and argues the case.[32]
In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for
laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue
their own cases.[33]
 2

Advocacy (written and oral) in administrative hearings[edit]

In most developed countries, the legislature has granted original jurisdiction over highly technical matters
to executive branch administrative agencies which oversee such things. As a result, some lawyers have
become specialists in administrative law. In a few countries, there is a special category of jurists with a
monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were
merged into the main legal profession in 1991).[34] In other countries, like the United States, lawyers have
been effectively barred by statute from certain types of administrative hearings in order to preserve their
informality.[35]

Client intake and counseling (with regard to pending litigation)[edit]

An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's
employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship is
explained in six steps. First, the relationship begins with an intake interview where the lawyer gets to know
the client personally. The second step is discovering the facts of the client's case. Thirdly is clarifying what
the client wants to accomplish. The fourth step is where the lawyer shapes the client's expectations as to
what actually can be accomplished. The second to last step begins to develop various claims or defenses
for the client. Lastly, the lawyer explains her or his fees to the client.[36][37]
In England, only solicitors were traditionally in direct contact with the client.[38] The solicitor retained a
barrister if one was necessary and acted as an intermediary between the barrister and the client.[39] In most
cases barristers were obliged, under what is known as the "cab rank rule", to accept instructions for a case
in an area in which they held themselves out as practicing, at a court at which they normally appeared and
at their usual rates.[40][41]

Legal advice[edit]
Main article: Legal advice
Legal advice is the application of abstract principles of law to the concrete facts of the client's case to
advise the client about what they should do next. In many countries, only a properly licensed lawyer may
provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress.[42]
[43][44]
 Therefore, even conveyancers and corporate in-house counsel must first get a license to practice,
though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime
of the unauthorized practice of law.[45]
In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to
corporations, and it is irrelevant if they lack a license and cannot appear in court.[46][47] Some countries go
further; in England and Wales, there is no general prohibition on the giving of legal advice.
[48]
 Singapore does not have any admission requirements for in-house counsel.[49] Sometimes civil law
notaries are allowed to give legal advice, as in Belgium.[50]
In many countries, non-jurist accountants may provide what is technically legal advice in tax and
accounting matters.[51]

Protecting intellectual property[edit]

In virtually all countries, patents, trademarks, industrial designs and other forms of intellectual
property must be formally registered with a government agency in order to receive maximum protection
under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary
clerks or scriveners varies greatly from one country to the next.[33][52]

Negotiating and drafting contracts[edit]

In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of
legal advice, so that it is subject to the licensing requirement explained above.[53] In others, jurists or
notaries may negotiate or draft contracts.[54]
Lawyers in some civil law countries traditionally deprecated "transactional law" or "business law" as
beneath them. French law firms developed transactional departments only in the 1990s when they started
to lose business to international firms based in the United States and the United Kingdom (where solicitors
have always done transactional work).[55]
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Conveyancing[edit]
Conveyancing is the drafting of the documents necessary for the transfer of real property, such
as deeds and mortgages. In some jurisdictions, all real estate transactions must be carried out by a lawyer
(or a solicitor where that distinction still exists).[56] Such a monopoly is quite valuable from the lawyer's point
of view; historically, conveyancing accounted for about half of English solicitors' income (though this has
since changed),[57] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of
solicitor-client contact in New South Wales."[58] In most common law jurisdictions outside of the United
States, this monopoly arose from an 1804 law[59] that was introduced by William Pitt the Younger as a quid
pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors,
attorneys, and notaries.[60]
In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[61] In
some civil law jurisdictions, real estate transactions are handled by civil law notaries.[62] In England and
Wales a special class of legal professionals–the licensed conveyancer–is also allowed to carry out
conveyancing services for reward.[63]

Carrying out the intent of the deceased[edit]

In many countries, only lawyers have the legal authority to draft wills, trusts, and any other documents that
ensure the efficient disposition of a person's property after death. In some civil law countries, this
responsibility is handled by civil law notaries.[54]
In the United States, the estates of the deceased must generally be administered by a court
through probate. American lawyers have a profitable monopoly on dispensing advice about probate law
(which has been heavily criticized).[64]

Prosecution and defense of criminal suspects[edit]

In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-
trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law
world.[65] In common law countries, prosecutors are usually lawyers holding regular licenses who simply
happen to work for the government office that files criminal charges against suspects. Criminal defense
lawyers specialize in the defense of those charged with any crimes.

This year, in addition to dealing with a lack of jobs during a global recession and
six-figure debt, law graduates also have to deal with the stress of staying safe
during a pandemic. This includes stressing about staying healthy during exams—
whether they’re in-person or virtual. 

My first advice for new lawyers is to have faith that it will get better. Once you get
past the obstacles you face now, you can build the career of your dreams.
Although it won’t be easy and it may not resemble the career you pictured during
your 1L year, you will get there.

How? Well, after pivoting many times in my career and after graduating in a
similarly challenging environment, I’ve got a few ideas.
 4

What’s the most important career advice

for new lawyers?
The most important career advice for new lawyers is to take risks. At this point, the
old model—joining the firm, sticking to it for seven years, making partner, then
working there until you die—is essentially gone for most graduates. Your career as
a new lawyer can go a million different ways. The only way you’re going to find true
happiness and fulfillment is to take chances and pivot when necessary.

Be willing to pivot in your legal career when

needed 
My next piece of advice for new lawyers is to be willing to pivot when necessary.
What do I mean by pivot? It is a term startups use when they completely change
business strategies or even products. They realize, at some point, that the sunken
cost isn’t worth staying the course. As a result, they reinvent themselves on the fly
to survive. 

You may start your legal career as a prosecutor, then decide that you really enjoy
child support enforcement cases and pivot to family law. Or you may start as a
litigator and realize that you really prefer dealmaking and would rather get involved
with transactional work. Or maybe, you will create the next great legal startup.

This “side project” turned into a multi-million dollar tech company that was acquired
within 6 years.

Just start. 🚀 https://t.co/hHvaIkxeb4

— Janine Sickmeyer (@myfriendjanine) July 29, 2020

Be ready to move fast in your legal career

My advice for new lawyers is to start somewhere. Find a job. Try it out for a while.
Don’t be afraid to cut and run if you realize that the job is making you miserable or
if you find something you love more. Even in a good economy, your career as a
new lawyer likely would not have been exactly what you pictured as a law student.
In a bad economy, you have to move faster and pivot harder, but you will still find a
way forward.
 5

Learn the VUCA Prime framework

VUCA is an acronym for Volatility, Uncertainty, Complexity, and Ambiguity. The

definition of VUCA first came from the US military to describe the nature of the
world and the challenges it faced after the end of the cold war. Today, it is often
used in business and investment contexts to describe complex organizations,
problems, or the overall state of the world. 

VUCA Prime, on the other hand, stands for Vision, Understanding, Clarity, and
Agility. It is a model to help individuals and organizations succeed in a VUCA
world. 

By understanding the concept of VUCA Prime, you can reframe the volatility,
uncertainty, complexity, and ambiguity of a VUCA environment and provide a clear
path forward to success. For a new law graduate, the VUCA Prime framework can
help you find your footing in an uncertain environment, make difficult decisions,
and thrive.

Redefine what success means to you

As a law undergraduate, I was seduced by the idea of six-figure salaries. I thought
that finally having money, after growing up with none, would make me happy.
 6

It took me more than a few years after law school to get to that financial mark. But
did more money equal more happiness? Not really. My greatest professional joys
are in building things and reinventing systems—I would rather build a system that
can help a thousand people than spend years on a single person’s litigation case.
Outside of work, my life is way more about my family than it is about finances.

Does having money help? Of course. But if you do not land your dream salary now,
don’t look at that as a failure. You will get there and learn that there are other more
important metrics to measure happiness and success.

Determine what you value in an employer

This might be the most underrated point on this list. While there are many great
employers in the legal industry, you will find that some don’t value
employees’ mental health, treat employees poorly, and have severely unrealistic
expectations.

After leaving my job in June and starting my own firm, I can now spend a few
minutes in the mornings being creative & artistic. No one is going to yell at me. I
lived in fear of allowing any sort of self care for 8 years, because I was
brainwashed to bill at all costs. 1/

— What is a yute? (@whatisayute) October 20, 2020

Here is the truth: Know your worth, prioritize your mental health, and learn how to
recognize a toxic environment. I’m not saying to quit the moment the job gets a
little bit tough. But don’t stick around a toxic employment situation just because
you feel guilty that they gave you a job. 

Consider all your career options as a new law graduate

Like I said earlier, the days of spending your entire career at one or two law firms
are gone for most people. Today’s young lawyers and workers switch between
firms and jobs far more often than prior generations.

And if you really want to make money and don’t like working for others? My advice
for new lawyers, in this case, is to start a new law practice. Not the entrepreneurial
type? Maybe you just want to lawyer. Consider joining a larger law firm where there
is plenty of support staff to handle all of the time-consuming billing and admin
tasks. You can also get a job as an in-house counsel. This way, you can focus on
the legal needs of one corporate master.

Interested in learning about what else you can do with a law degree? Read
about how to find an alternative legal career.
 7

Consider starting a virtual law firm

If you are starting a new law firm, strongly consider starting a virtual law firm. A
major benefit of a virtual law firm is cutting your overhead costs on a new law firm.
As the 2020 Legal Trends Report states, “the technology adoption that we’ve seen
during this [pandemic] has laid the foundation for a new legal-service model that
will be better suited to the needs of clients.” In other words, all the recent
technology adoption is here to stay. 

The last six months have been a whirlwind, with the entire world instantly pivoting
to virtually delivering everything. While courts have been forced to adopt all of this
technology overnight, there are constant glitches, headaches, and questions.
There is not enough support in solving those issues, creating lots of stress when
you have a case deadline, and no documentation on how to submit an emergency
filing. But this great technological push of the last six months has advanced us
years on the path towards running the law firm of the future. 

A virtual law firm benefits your clients 

Here’s a personal anecdote behind why my advice for new lawyers is to consider
starting a virtual law firm: Remember when I said I had reinvented my career
through so many pivots over the years? Well, a few years ago, I met a girl and
moved from the West Coast to the east. With her medical residency guaranteed to
cause at least one or two more moves in the future, I took my practice online.

Even two years ago, this was not easy. Clients did not understand the concept
of Zoom and many would ask if I was running a scam. Now, I work from home. I
handle clients in seven states, mostly back in California, from my home base in
New York City. If we have to move to another state at some point, I can still help
those same clients in their respective states.

Use cloud-based legal technology tools

You may already use a cloud-based file storage system like
Microsoft’s OneDrive or Google Drive. If you are starting a law practice now, do not
start with a batch of Word templates saved on your hard drive. Do not start tracking
time on an Excel spreadsheet or a yellow pad.

Instead, my advice for new lawyers is to invest in the cloud from the start. Cloud-
based legal tech tools like Clio Manage, can handle all of your billing, document
storage, and client communication on pretty much any device from any location.
While you are there, check out the document automation features that allow you
to toss out the binders and thumb drives full of old templates.
 8

Understand what it means to be truly client-

centered
oday’s consumer lives online, and ingests reviews and spits them out the moment
their case is done. Each consumer’s experience is amplified through marketing and
word-of-mouth at a level never seen before.

So what does being client-centered mean? It does not mean that the client is

always right. Rather, it means that the client’s experience is paramount. This
includes communicating clearly and openly, providing convenience, delivering
services virtually, and billing electronically. Fascinatingly, even as recently as last
year, consumer surveys such as the 2019 Legal Trends Report showed that clients
preferred phone calls and in-person meetings to text messages and electronic
communication. Today, that paradigm has shifted significantly. The 2020 Legal
Trends Report found that 69% of consumers prefer to share documents
electronically, 56% of consumers prefer videoconferencing over a phone call, and
65% prefer to pay through electronic payments.

Pick up some business development skills

Nobody is as popular as the guy who brings in the business. This is a lesson that I
hold dear to my heart, after working in a law firm as both an associate attorney and
as the marketing director. 

The same thing goes for when you run your own firm. You cannot just say that you
are a lawyer and leave the marketing and business development to others. Clients
won’t just spontaneously call you for help. You have to be where they are.
Depending on your practice area, that might mean building a presence on social
media, Google My Business, or virtually networking with startup geeks at a local
small business conference. (If you set up a Google My Business listing, check
out Clio’s integration that lets new clients book consultations with your firm directly
from your listing).

Take care of your mental and physical health

This piece of advice for new lawyers isn’t talked about enough. It is easy to ignore
your current physical and mental health needs. If you are doing a great job at work,
they will expect more moving forward. If you are available 24/7 and never take time
for yourself, when you finally do take a couple of days off, they will think you have
become disenchanted or disengaged with your job.

It is hard for us lawyers to talk about lawyer wellness and mental health. But if you
ignore things like downtime, hobbies, or even just sleep, you will burn out. You’ll
 9

become more impatient with difficult coworkers, you will start making more
mistakes on cases, and eventually something will break. 

Do not wait to take care of yourself. Get enough sleep. Take some time off on
the weekends. Find things you love to do outside of work. It is totally okay to use
your vacation time. And it is okay to tell your loved ones that you are struggling and
need a couple of days to just catch your breath.

This is also a good opportunity to reiterate the point above about toxic workplaces.
If you are working for someone who is making your life a living hell, it probably will
not get better. Don’t waste years of your life in a toxic work environment where
stress eats away at your health until you break. All you will be left with is regret and
a couple lines on your resume.

It isn’t always about the money

This one is hard to write with a straight face because I grew up broke. Like, really
broke. Single-mom-with-five-kids broke. Worked-at-McDonald’s-in-high-school-
and-peddled-popcorn-and-pizza-throughout-college broke. Taught-the-LSAT-and-
supervised-the-dorms-during-law-school broke.

But once you get to the point where you are making enough money to pay the bills
without worrying, happiness is not found in getting a bigger paycheck. Instead, you
will start looking for jobs, cases, or projects that are more fulfilling or exciting.

If you are looking at this at the beginning of a career, my advice for new lawyers is
to design your career to get to the endpoint where you are surrounded with those
exciting projects. Avoid picking a practice area or career path that you think will
lead to the most money. Obviously, you have to balance a fun career with earning
a living. But the key is to find a middle ground.

Seek out a mentor

It is so incredibly difficult to find a true mentor. I have actually taken new jobs just
because of the promise of more and better mentorship, only to find that they did
not have time to spare to show me the ropes. Good mentors are good teachers—
something not all lawyers are good at.

But, if you find one that is willing to help, seize the opportunity. Learning from a
lawyer with decades of experience will mean you get much greater results for your
clients. You will also cut your stress level and imposter syndrome feelings in half.
At least.

How do you find a mentor as a lawyer? It seems to happen by chance for most
people I know. Most formal mentorship programs match you with someone who
 10

wants to feel like they’re giving back, but they may not be the best teacher. Some
people I know met mentors through bar associations and developed a rapport that
led to an ongoing friendship and mentorship. I met one by picking up a case that
the lawyer-mentor had worked on a decade earlier.

Never stop learning

Don’t be the lawyer tracking time on paper and requiring clients to spend an hour in
traffic just to wait in your waiting room before meeting you. If you do these, you will
lose out to law firms that invest in virtual meeting technology and cloud-based
practice tools.

The same goes for CLEs and substantive legal education. There is nothing quite
as fun as reminding your opposing counsel that the rule they cited changed five
years ago. As a result, their client is going to lose tens of thousands of dollars.

Law is a profession that requires you to constantly learn. If you are not studying
your profession constantly, you will be left behind. If you run your own small firm,
the technology to power your business processes is changing by the week. The
pandemic has accelerated that change to the point where firms of even six months
ago could seem ancient by the end of next year.

In addition to investing time in your clients, business development, self-care, and

family, you need to carve out time to continue to learn both substantive law and law
practice management technology.

You’re in the most exciting time in history

It is easy to get down on yourself and your situation with all that is going on. You
do not have it easy. You are graduating into an economy that seems like it is on
the precipice of imploding. With so much uncertainty, you’re probably at a stress
level of 10.0.

But you are also on the precipice of an industry that is reinventing itself. Courts that
have taken decades to build out rudimentary e-filing have overnight added virtual
hearings and trials. Lawyers that did not know what an e-signature was are being
replaced by a generation that probably can’t remember the last time they wrote a
paper check.

It may not be okay today. It may not be okay in three or four months. But your
career is going to last decades. You will pivot and twist and turn and adapt and
learn. Here’s my last piece of advice for new lawyers: Know that you will not just
be okay—you will thrive because you have what it takes to help reinvent this
industry.
 11

Basic Rules of Drafting of a Plaint under CPC

INTRODUCTION:

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

 Only facts have to be stated and not law;

 The facts stated should be material facts;
 No evidence should be stated;
 The facts should be stated in a concise, brief and clear manner.

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

PLAINT:

Meaning

      The expression ‘plaint’ has not been defined in CPC. However, it can be said to be a
statement of claim, a document, by presentation of which a suit is instituted. Its object is to
state the grounds upon which the assistance of the court is sought by the plaintiff. It is a
pleading of the plaintiff.[1]

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

Every plaint should contain the following particulars:

 The name of the court in which the suit is brought;[2]

 The name, description and place of residence of the plaintiff;[3]
 The name, description and place of residence of the defendant;[4]
 Where the plaintiff or defendant is minor or a person of unsound mind, a statement to
that effect;[5]
 12

 The facts constituting the cause of action and when it arose;[6]

 The facts showing that the court has jurisdiction;[7]
 A statement of the value of the subject matter of the suit for the purpose of jurisdiction
and court fees;[8]
 The reliefs claimed by the plaintiff, simply or in the alternative;[9]
 Where the plaintiff files a suit in the representative capacity, the facts showing that the
plaintiff has an actual existing interest in the subject-matter and that he has taken
steps that maybe necessary to enable him to file such a suit;[10]
 Where the plaintiff has allowed a set off or relinquished a portion of his claim, the
amount so allowed or relinquished;[11]
 Where the suit is for recovery of money, the precise amount claimed;[12]
 Where the suits is for accounts or mesne profits or for movables in the possession of
the defendant or for debts which cannot be determined, the approximate amount or
value thereof;[13]
 Where the subject-matter of the suit is immovable property a description of the
property sufficient to identify it, e.g. boundaries, survey numbers, etc.[14]
 The interest and liability of the defendants in the subject-matter of the suit;[15]
 Where the suit is time-barred, the ground upon which the exemption from the law of
limitation is claimed.[16]

     Three essential parts:

 Part I – The Heading and Title

 Part II – The Body of the Plaint
 Part III – The Relief Claimed

HEADING AND TITLE:

 Name of the Court

      Every plaint should begin with the name of the court in which the suit is brought,[17] to be
written at the head of the plaint and this is called its heading, e.g. “In the Court of District
Judge, Chandigarh”. It is not necessary to add the name of the Presiding Officer of the Court.
Where a court, e.g., the High Court, has various jurisdictions, the jurisdiction in which the suit
is brought should be stated below the name of the Court, thus:

 Parties to the Suit

      There must be two parties in every suit, namely, the plaintiff and the defendant. There
may, however, be more than one plaintiff or more than one defendant.[19] It is essential to
state in the plaint:

1. The name, description and place of residence of each plaintiff;[20] and

2. The name, description and place of residence of each defendant, so far as they may
be ascertained.[21]

      The word ‘description’ includes the name of the father, age and other particulars
necessary to identify a person. If a defendant is not properly named or described, but the real
person intended has been properly served with the summons and he does not appear to
defend the suit, a judgment passed against him will be as effective as if his true name and
description has been given in the plaint, and the correct name and address can be
 13

substituted at any subsequent time when they are discovered, because the whole purpose of
the description of parties is to properly identify the person who is a party to the suit.

      When there are several plaintiffs or several defendants, each should be described
properly and serial number should be given to each of them so that they can be easily
referred to in the pleadings. It is convenient to mention them in the order in which they play
their part in the story told in the plaint.[22]

      A minor or insane person cannot sue or be sued except through a next friend (in the
case of a plaintiff) or a guardian ad litem (in the case of a defendant). Where any of the
parties is a minor or a person of unsound mind, he should be so described[23] in the cause
title, and the name and description of the person through whom he sues or is being sued
should also be stated. For example:

                AB, s/o …….., r/o…….., a Minor, by CD, s/o …….., r/o…….. his next friend

                                                                          
– Plaintiff

                                                                                       Versus

                  EF, s/o ………, r/o………. a Minor, through his guardian GH, s/o ………,
r/o………

                                                                          
– Defendant

      Though there is no provision in the Code to require that when a party sues or is being
sued in his representative character, he should indicate that fact in the cause title of the plaint
also, in addition to making a statement to that effect in the body of the plaint, yet it is
convenient to state the matter in the title also. Such description should be in the following
form:

       AB, s/o ……, r/o ……, suing on behalf of himself and of all the Hindu residents of            
Village…..[24]

 Title of the Suit

      The title of the suit shall mention the reason for approaching the court and the provision
under which the jurisdiction of the court is being evoked. For example:

      “Petition for Permanent Injunction restraining the Defendant …. from illegally
dispossessing the property of the Plaintiff…”

      “Rent Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for
the purpose of eviction of the Respondent tenant from the tenancy premises (H. No. ….,
Sector …., Chandigarh) on the ground of non-payment of rent and creating nuisance”
 14

BODY OF THE PLAINT:

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

Formal Portion

The formal portion consists of the following particulars:

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

2. Facts showing that the court has jurisdiction;
3. A statement of the value of the subject-matter of the suit for the purposes of
jurisdiction and of court-fees;
4. When any party is a minor or a person of unsound mind, a statement to that effect;
5. When the plaintiff sues in a representative character, a statement to that effect,
coupled with the statement that he has taken the steps (if any) necessary to enable
him to institute the suit;
6. When the suit is instituted after the period of limitation, a statement showing the
ground on which the exemption is being claimed.
7. Date of Cause of Action:

      The date of the cause of action should as far as possible be precisely given. O.VII, R.
1(e) requires that the plaint should contain “the facts constituting the cause of action
and when it arose.” For instance, the cause of action for suit for damages for breach of
contract would be the contract, its breach and the resulting damages. The date of accrual of
cause of action is the date on which the breach of contract took place.[25]

      The object of this rule is to determine whether the suit is within the period of limitation.
Sec. 3 of the Limitation Act, 1963 lays down that every suit instituted, appeal preferred and
application made after the prescribed period, shall be dismissed although limitation has not
been set out as a defence. It is therefore the duty of the court to find out whether the plaint is
in time.[26]

 Jurisdiction of Court:

      The plaint must state all the facts showing how the court
has pecuniary and territorial jurisdiction over the subject matter of the suit.[27] If the plaintiff
relies on the defendant’s residence or place of business as giving jurisdiction, the facts
showing this must be stated in the body of the plaint. The statement of these facts in the title
of the suit is not sufficient as the title to the suit is not covered by the verification clause.[28]

 Valuation of Suit:

      The plaintiff must distinctly and separately give in his plaint the valuation of his claim for
the purposes of court fee and of jurisdiction.[29] Sometimes, the valuation of the subject-
matter for both the purposes may be the same, for example, in a suit for recovery of money.
But sometimes, the two valuations may differ, for example, in a suit for declaration or in a suit
for injunction or for possession of immovable property. In such a case, the plaintiff should
 15

distinctly state the valuation of the suit for the purpose of the jurisdiction of the court and for
the purpose of court fees.[30]

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

      In suits for which a fixed court-fee is payable, e.g. in suits for declaration without a
consequential relief, no value for the purposes of court-fee need to be given, but it may be
alleged that a fixed fee has been paid on the plaint.[31]

2. For Jurisdiction – Valuation of a claim for the purpose of jurisdiction is required in order to
determine whether the suit is within the pecuniary jurisdiction of the court, and also further for
determining the forum of appeal. In some cases this required also for determining the amount
of process-fee required to be paid, as per the rules framed by some of the High Courts.[32]

 Minority or Insanity of a party:

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

 Plaintiff’s Representative Character:

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

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

 Preliminary Steps:

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

 Limitation:

If a claim is prima facie barred by limitation, and the plaintiff claims it to be within time by
reasons of any of the exceptions to the general rule of limitation, the ground upon which the
exemption is claimed shall be known in the plaint.[33] If the claim is barred by limitation and
the ground of exemption is not alleged, the plaint is liable to be rejected under O. VII, R. 11
(d).[34]
 16

Substantial Portion

The other portion of the body of the plaint, which must be called its substantial portion, should
contain a statement of all the facts constituting the cause of action, with such particulars of
those facts as are necessary. And where the plaintiff seeks relief in respect 

of several distinct claims or causes of action founded upon separate and distinct grounds,
they shall be stated as far as possible separately and distinctly.[35] The plaint shall further
show, either specifically or by implication from other facts, that the defendant is, or claims to
be, interested in the subject-matter and that he is liable to be called upon to answer to the
plaintiff’s demand. Where there are more than one defendants and they are not jointly
interested in the claim, it should be shown what the liability of each is and why each has been
impleaded in the suit. Similarly, if more plaintiffs than one bring a joint suit and their interest in
the subject-matter is not joint; their causes of action would be separately shown.[36]

1. Cause of action:

 Every suit presupposes the existence of a cause of action against the defendant because if
there is no cause of action, the plaint will be rejected.[37] Even though the expression ‘cause
of action’ has not been defined in the Code, it may be described as “a bundle of essential
facts, which it is necessary for the plaintiff to prove before he can succeed”, or “which gives
the plaintiff right to relief against the defendant”. Thus, cause of action means every fact,
which is necessary to establish to support a right or obtain a judgment.

The classic definition of the said expression is found in the case of Cooke  v. Gill[38] wherein
Lord Brett observed, “Cause of action means every fact which it would be necessary for the
plaintiff to prove, if traversed, in order to support his rights to the judgment of the court.”

It is necessary for the plaintiff to state specifically when such cause of action arose. This will
enable the defendant as well as the court to ascertain from the plaint whether the cause of
action as alleged by the plaintiff did arise or not. In Kuldip Singh  v. Ganpat Lal,[39] the
Supreme Court stated, “The object underlying O. VII, R. 1 (e), which requires that the plaint
shall contain the particulars about the facts constituting the cause of action and when it
arose, is to enable the court to find out whether the plaint discloses the cause of action
because the plaint is liable to be rejected under O. VII, R. 11 if it does not disclose the cause
of action.”

Thus, in a suit for possession against the tenant on the ground of non-payment of rent, the
period for which the tenant has been in default must be stated. Where the plaintiff seeks relief
in respect of several distinct claims or causes of action founded upon separate and distinct
grounds, he should state them as far as possible separately and distinctly.[40] Those facts
which are material, essential or integral form the cause of action. This is decided by the court.
[41]

RELIEF:

The third and the last part of the plaint is the relief sought by the suit. The relief sought should
be accurately worded and it is risky to use loose language.[42] Every plaint must
state specifically the relief which the plaintiff claims whether it be damages or specific
 17

performance or an injunction or a declaration or possession of land or relief of any other kind.

[43] A plaintiff might claim any one or more of such reliefs, either simply or in the alternative.
These reliefs have to be specifically claimed because reliefs claimed in the plaint cannot be
supplemented by an oral prayer.[44]

 Specific Ground

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

 Excess Relief Claimed

When the plaintiff asks for more than what he is entitled to, the suit should not be dismissed
but a decree given for what he is entitled to. Thus, in a suit for ejectment, the court can grant
decree for joint possession or partition. However, when a plaintiff asks for less than what he
is entitled to, no decree can be given in excess of what is claimed unless the plaint is
amended.[45]

 General Relief

The court also provides that it is not necessary to ask for any general or other relief, in
addition to the main relief or reliefs which the plaintiff claims. Such general or other relief may
always be given as the court may think fit, to the same extent as if it has been asked for. The
practise of adding a relief in the following or similar form “Any other relief to which the plaintiff
may be found to be entitled”, is, however, common.[46]

Signature and Verification:

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

Verification of the plaint by the plaintiff himself or where he is unable to verify because of his
absence or any other good cause, by some other person proved to the satisfaction of the
court to be acquainted with the facts of the case. The verifier shall specify by reference to the
numbered paragraphs of the pleadings, what he verifies of his own knowledge and what he
verifies upon information received and believed to be true.

Signature of the verifier along with the date at which and the place where the verification is
made. The verification shall be made before the court or an officer appointed to administer
oath, i.e. Oath Commissioner. Where the plaintiff or the verifier of the plaint does not know
the language of the plaint in which it is written, the contents thereof must be interpreted and
explained to him before he puts his signature and the verification is attested by the Oath
Commissioner.[47]
 18

Affidavit:

CPC does not say how the affidavits are to be drawn up and sworn. The different High Courts
have, however, have framed rules by amendments to O. XIX CPC. Affidavit shall be confined
to such facts as the affiant is able to his own knowledge to prove except upon interlocutory
applications where statement of his belief may be admitted.[48] The grounds of belief of the
affiant are required to be stated with sufficient particularity to enable the judge to know
whether it would be safe to act on the deponent’s belief.[49] The affidavit should contain only
that allegation which is absolutely necessary. The affiant should be fully described in the
affidavit and the affidavit should be drafted in first person. The person or place referred to in
the affidavit should be correctly and fully described so that he or it can be easily identified.
The declarant should state the source of the documents which are produced along with the
plaint if the affidavit discloses some facts in the document. The affidavit should have an oath
or affirmation written out in the end.[50]

Production of Documents:

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

R. 14 directs the plaintiff to file the documents which he intends to rely on and which are in
his power and possession, along with the plaint. All such documents should also be entered
in the list of documents and where a document entered in the list of documents is not
produced at the time of the plaint, it shall not be received in evidence without the leave of the
court. The purpose behind R. 14 is to provide against false documents being set up after the
institution of the suit. Therefore in those cases, where there is no doubt of the existence of a
document at the date of the suit, the court would as a general rule, admit the documents in
evidence even though it was not produced with the plaint or entered in the list of documents
annexed to the plaint as required by R. 14. But the court may even in such cases refuse to
receive it in evidence, if it is produced at a very late stage of the proceedings.[51] The Lahore
High Court refused to admit a document after the arguments were closed as no reason was
shown for its non-production.[52]

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

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

witnesses; or
 Documents handed over to a witness merely to refresh his memory.[53]

Computation of fees payable in certain suits

As per The Court-fees Act, 1870
( ACT NO. VII OF 1870 )

(i) for money;

 19

i. In suits for money (including suits for damages or compensation, or arrears of maintenance,
of annuities, or of other sums payable periodically) -according to the amount claimed:

(ii) for maintenance and annuities;

ii. In suits for maintenance and annuities or other sums payable periodically-according to the
value of the subject-matter of the suit, and such value shall be deemed to be ten times the
amount claimed to be payable for one year:
Provided that, in suits by widows for maintenance such value shall be deemed to be the
amount claimed to be payable for one year.

(iii) for moveable property having a market-value;

iii. In suits for moveable property other than money, where the subject-matter has a market-
value - according to such value at the date of presenting the plaint:

(iv) (a) for moveable property of no market- value;(b) [Omitted](c) for declaratory
decree and consequential relief;(d) for an injunction;(e) for easements;(f) for accounts;
iv. In suits-

(a) for moveable property where the subject-matter has no market-value, as, for instance, in
the case of documents relating to title,
 
(b) [Omitted by section 7(1) of the Court-fees (Amendment) Act, 1935 (Act No. VII of 1935).]
 
(c) to obtain a declaratory decree or order, where consequential relief is prayed.
 
(d) to obtain an injunction.
 
(e) for a right to some benefit (not herein otherwise provided for ) to arise out of land, and
 
(f) for accounts-
 
according to the amount at which the relief sought is valued in the plaint or memorandum of
appeal subject to the provisions of section 8C.
 
[In all such suits the plaintiff shall state the amount at which he values the relief sought:
Provided that in such suits the valuation shall not be such as would attract a court-fee of less
than  [two hundred taka].]

(v) for possession of land, buildings or gardens;

v. In suits for the possession of land, buildings or gardens
(a) according to the value of the subject-matter, and such value shall be deemed to be fifteen
times the net profit which have arisen from the land, building or garden during the years next
before the date of presenting the plaint, or if the Court sees reason to think that such profit
have been wrongly estimated, fifteen times such amount as the Court may assess as such
profits or according to the market-value of the land, building or garden,
whichever is greater:
(b) if, in the opinion of the Court, such profits are not readily ascertainable or assessable, or
where there are no such profits, according to the market-value of the land, building or garden:
Explanation.In this paragraph “building” includes a house, out-house, stable, privy, urinal,
shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal
or any other material whatsoever:
 20

(vi) to enforce a right of pre-emption;

vi. In suit to enforce a right of pre-emption-according to the market-value of the land, building
or garden in respect of which the right is claimed:
[Provided that in an application to enforce a right of pre-emption under section 96 of the State
Acquisition and Tenancy Act, 1950 (E.B Act No. XXXVIII of 1951) or under section 24 of
the Non-Agricultural Tenancy Act, 1949 (E.B Act No XXIII of 1949), a fixed fee of an amount
of [two hundred taka] shall be payable.
Explanation.In this paragraph "building" has the same meaning as in paragraph v;]
viA. In suits for partition and separate possession of a share of joint family property or of a
joint property, or to enforce a right to a share in any property on the ground that it is joint
family property or joint property-
if the plaintiff has been excluded from possession of the property of which he claims to be a
co-parcener or co-owner, according to the market value of the share in respect of which the
suit is instituted:

(vii) for interest of assignee of land revenue;

vii. In suits for the interest of an assignee of land revenue - fifteen times his net profits as
such for the years next before the date of presenting the plaint:

(viii) to set aside an attachment;

viii. In suits to set aside an attachment of land or of an interest in land or revenue - according
to the amount for which the land or interest was attached:

(viiiA) to set aside decrees;

viiiA. In suits to set aside decrees passed for ascertained amounts - according to the
amounts of the decrees sought to be set aside, or where such decrees are not for any
ascertained amounts, the fee payable shall be the same as paid on the plaints of the suits in
which the questioned decrees were passed:
Provided that, where such amount exceeds the value of land or interest, the amount of fee
shall be computed as if the suit were for the possession of such land or interest:

(ix) to redeem; to foreclose;

ix. In suits against a mortgage for the recovery of the property mortgaged,and in suits by a
mortgage to foreclose the mortgage, or, where the mortgage is made by conditional sale, to
have the sale declared absolute according to the principal money expressed to be secured by
the instrument of mortgage:

(x) for specific performance;

x. In suits for specific performance
(a) of a contract of sale - according to the amount of the consideration:
(b) of a contract of mortgage - according to the amount agreed to be secured:
(c) of a contract of lease - according to the aggregate amount of the fine or premium (if any)
and of the rent agreed to be paid during the first year of the term:
(d) of an award - according to the amount or value of the property in dispute:

(xi) between landlord and tenant;

xi. In the following suits between landlord and tenant:
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
(cc) for the recovery of immovable property from a tenant including a tenant holding over after
the determination of a tenancy,
 21

(d) to contest a notice of ejectment,

(e) to recover the occupancy of immovable property from which a tenant has been illegally
ejected by the landlord, and
(f) for abatement of rent
according to the amount of the rent of the immovable property to which the suit refers,
payable for the year next before the date of presenting the plaint.
xii. In suits not expressly provided for in this section, according to the value claimed, but such
value shall not be less than a value which would attract a Court-fee of less than fifteen taka.

Fee on memorandum of appeal against order relating to compensation

8. The amount of fee payable under this Act on a memorandum of appeal against an order
relating to compensation under any Act for the time being in force for the acquisition of land
for public purposes shall be computed according to the difference between the amount
awarded and the amount claimed by the appellant.

Statement of particulars of subject-matter of suits and plaintiff's valuation thereof

[8A. In every suit in which an ad valorem court-fee is payable under this Act on the plaint, the
6

plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit and
his own valuation thereof unless such particulars and the valuation are contained in the
plaint. The statement shall be in such form and shall contain such particulars as may be
prescribed by the Government by notification in the official Gazette. In every such suit the
plaintiff shall also, if the Court so directs, file a duplicate copy of the plaint and of the said
statement.

Procedure where insufficient Court-fee is filed on plaint or memorandum of appeal

8B.(1) In every suit in which a court-fee is payable under this Act on the plaint or
memorandum of appeal the Court shall, on the date fixed for the appearance of the opposite
party or as soon as may be thereafter, and in every case before proceeding to deliver
judgment, record a finding whether a sufficient Court-fee has been paid.
 
(2) If the Court records a finding that an insufficient court-fee has been paid on the plaint or
memorandum of appeal the Court shall
 
(a) stay all further proceedings in the suit until it has determined the proper amount of such
court-fee payable and the plaintiff or the appellant, as the case may be, has paid such
amount or until the date referred to in clause (b) as the case may be:
Provided that if the plaintiff or appellant gives, within such time as the Court may allow,
security, to the satisfaction of the Court, for the payment of any additional amount for which
he may be found liable the Court may proceed with the suit,
 
(b) fix a date before which the plaintiff or appellant shall pay the amount of court-fee due from
him, as determined by the Court under clause (a).
 
(3) If the plaintiff or appellant fails to give the security referred to in clause (a) of sub-section
(2) or to pay the amount referred to in clause (b) of that sub-section within the time allowed or
before the date fixed, by the Court, as the case may be, the suit shall be dismissed.

Inquiry as to valuation of suits

8C. If the Court is of opinion that the subject-matter of any suit has been wrongly valued it
may revise the valuation and determine the correct valuation and may hold such inquiry as it
thinks fit for such purpose.
 22

Investigation to ascertain proper valuation

8D.(1) For the purpose of an inquiry under section 8C the Court may depute, or issue a
commission to , any suitable person to make such local or other investigation as may be
necessary and to report thereon to the Court. Such report and any evidence recorded by
such person shall be evidence in the inquiry.
  
(2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit
such sum as the Court thinks reasonable as the costs of the inquiry, and if the costs are not
deposited within such time as the Court shall fix, may, notwithstanding anything contained in
any other Act, dismiss the suit if such party is the plaintiff or the appellant and, in any other
case, may recover the costs as a public demand.

Power of persons making inquiry under sections 8C and 8D

8E.(1) The Court, when making an inquiry under section 8C and any person making an
investigation under section 8D shall have, respectively, for the purposes of such inquiry or
investigation, the powers vested in a Court under the Code of Civil Procedure, 1908, in
respect of the following matters, namely:

(a) enforcing the attendance of any person and examining him on oath or affirmation;
 
(b) compelling the production of documents or material objects; and
 
(c) issuing commissions for the examination of witnesses
 
(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial
proceeding within the meaning of sections, 193 and 228 of the  [* * *] Penal Code.
7

Costs of inquiry as to valuation and refund of excess fee

8F. If in the result of an inquiry under section 8C the Court finds that the subject-mater of the
suit has been under-valued the Court may order the party responsible for the under valuation
to pay all or any part of the costs of the inquiry.
 
 
If in the result of such inquiry the Court finds that the subject-matter of the suit has not been
undervalued the Court may, in its discretion, order that all or any part of such costs shall be
paid by the Government or by any party to the suit at whose instance the inquiry has been
undertaken, and if any amount exceeding the proper amount of fee has been paid shall
refund the excess amount so paid.]
Procedure in suits for mesne profits or accounts when amount found due exceeds
amount claimed
11.(1) Where, in any suit for mesne profits or for land and mesne profits or for an account, the
fee which would have been payable if the suit had comprised the whole of the relief to which
the Court finds the plaintiff to be entitled exceeds the fee actually paid, the Court shall require
the plaintiff to pay an additional fee equal to the amount of the excess, and if such additional
fee is not paid within such time as the Court may fix, the suit, or if a decree has previously
been passed therein, so much of the claim as has not been so decreed, shall be dismissed:
 
 
Provided that, where the additional fee is payable in respect of a portion of the claim which
can be relinquished, that portion only shall be dismissed.
Refund where amount decreed is less than amount claimed
 23

(2) Where in any such suit as is referred to in sub-section (1) the Court-fee paid is found to be
in excess of the amount of fee which would be payable if the suit had been valued at the
amount decreed, the decree-holder shall be entitled to the refund of the excess of Court-fee
paid by him.
Decision of questions as to valuation
12. i. Every question relating to valuation for the purpose of determining the amount of any
fee chargeable under this chapter on a plaint or memorandum of appeal shall be decided by
the Court in which such plaint or memorandum, as the case may be, is filed, and such
decision shall be final as between the parties to the suit.
 
 
ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such
Court considers that the said question has been wrongly decided to the detriment of the
revenue, it shall require the party by whom such fee has been paid to pay so much additional
fee as would have been payable had the question been rightly decided, and thereafter:
 
 
(a) if the party required to pay is the appellant or petitioner, the provisions of sub-sections (2)
and (3) of section 8B shall, so far as may be, apply;
 
 
(b) if the party required to pay is the respondent or the opposite party, the provisions of sub-
section (2) of section 8B shall, so far as may be, apply, and, if such party fails to pay the fee
required before the date fixed by the Court, the Court shall recover the amount of such fee
from him as a public demand:
 
 
Explanation.For the purposes of this section a question relating to the classification of any
suit for the purpose of section 7 shall not be deemed to be a question relating to valuation.
Refund of fee paid on memorandum of appeal
13. If an appeal or plaint, which has been rejected by the lower Court on any of the grounds
mentioned in the Code of Civil Procedure, 1908, is ordered to be received, or if a suit is
remanded in appeal, on any of the grounds mentioned in Order XLI, Rule 23 of the First
Schedule to the said Code for a second decision by the lower Court, the Appellate Court shall
grant to the appellant a certificate, authorizing him to receive back from the Collector the full
amount of fee paid on the memorandum of appeal:
 
 
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the
whole of the subject-matter of the suit, the certificate so granted shall not authorize the
appellant to receive back more than so much fee as would have been originally payable on
the part or parts of such subject-matter in respect whereof the suit has been remanded.
Refund of fee on application for review of judgment
14. Where an application for a review of judgment is presented on or after the ninetieth day
from the date of the decree, the Court, unless the delay was caused by the applicant's
laches, may, in its discretion, grant him a certificate authorizing him to receive back from the
Collector so much of the fee paid on the application as exceeds the fee which would have
been payable had it been presented before such day.
Refund where Court reverses or modifies its former decision on ground of mistake
15. Where an application for a review of judgment is admitted, and where, on the rehearing,
the Court reverses or modifies its former decision on the ground of mistake in law or fact, the
applicant shall be entitled to a certificate from the Court authorizing him to receive back from
 24

the Collector so much of the fee paid on the application as exceeds the fee payable on any
other application to such Court under the second Schedule to this Act, No. 1, clause (b) or
clause (d).
 
 
But nothing in the former part of this section shall entitle the applicant to such certificate
where the reversal or modification is due, wholly or in part, to fresh evidence which might
have been produced at the original hearing.

Multifarious suits
17.(1) In any suit in which two or more separate and distinct causes of action are joined and
separate and distinct relief's are sought in respect of each, the plaint or memorandum of
appeal shall be chargeable with the aggregate amount of the fees with which the plaints or
memoranda of appeal would be chargeable under this Act in separate suits instituted in
respect of each such cause of action:
 
 
Provided that nothing in this sub-section shall be deemed to affect any power conferred by or
under the Code of Civil Procedure, 1908, to order separate trials.
 
 
(2) Where more relief's than one based on the same cause of action are sought either jointly
or in the alternative, the fee shall be paid according to the value of the relief in respect of
which the largest fee is payable.
Written examinations of complainants
18. When the first or only examination of a person who complains of the offence of wrongful
confinement, or of wrongful restraint, or of any offence other than an offence for which police-
officers may arrest without a warrant, and who has not already presented a petition on which
a fee has been levied -
 
 
under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure,
1898, the complainant shall pay a fee of  [fifty paisa] unless the Court thinks fit to remit such
8

payment.
Exemption of certain documents
19. Nothing contained in this Act shall render the following documents chargeable with any
fee:
 
 
i. Power-of-attorney or other written authority to institute or defend a suit when executed by
an officer, warrant-officer, non-commissioned officer or private of the  [Bangladesh] Army not
9

in civil employment.
 
 
ii. [Repealed by the Amending Act, 1891 (Act No. XII of 1891).]
 
 
iii. Written statements called for by the Court after the first hearing of a suit.
 
 
iv. [Repealed by the Cantonment Act, 1889 (Act No. XIII of 1889).]
 
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v-vii. [Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.]
 
 
viii. Probate of a will and letters of administration, where the amount or value of the property
in respect of which the probate or letters shall be granted does not exceed two thousand
taka.
 
 
ix. Application or petition to a Collector or other officer making a settlement of land-revenue,
or to the  [National Board of Revenue] or the Commissioner], relating to matters connected
10

with the assessment of land or the ascertainment of rights thereto or interest therein, if
presented previous to the final confirmation of such settlement.
 
 
x. Application relating to a supply for irrigation of water belonging to Government.
 
 
xi. Application for leave to extend cultivation, or to relinquish land, when presented to an
officer of land-revenue by a person holding, under direct engagement with Government, land
of which the revenue is settled, but not permanently.
 
 
xii. Application for service of notice of relinquishment of land or of enhancement of rent.
 
 
xiii. Written authority to an agent to distrain.
 
 
xiv. First application (other than a petition containing a criminal charge or information) for the
summons of a witness or other person to attend either to give evidence or to produce a
document, or in respect of the production or filing of an exhibit not being an affidavit made for
the immediate purpose of being produced in court.
 
 
xv. Bail bonds in criminal cases, recognizances to prosecute or give evidence and
recognizances for personal appearance or otherwise.
 
 
xvi. [Omitted by the Adaptation of Central Acts and Ordinances Order, 1949].
 
 
xvii. Petition by a prisoner, or other person in duress or under restraint of any Court or its
officers.
 
 
xviii. Complaint of a public servant (as defined in the  [* * *] Penal Code), a municipal
11

officer  [* * *].
12

 
 
xix. Application for permission to cut timber in Government forests, or otherwise relating to
such forests.
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xx. Application for the payment of money due by Government to the applicant.
 
 
xxi. Petition of appeal against the choukidari assessment under Act No. XX of 1856, or
against any municipal tax.
 
 
xxii. Applications for compensation under any law for the time being in force relating to the
acquisition of property for public purposes.
 
 
xxiii. [Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.]
 
 
xxiv. Petition under the Christian Marriage Act, 1872, sections 45 and 48.
 
 
xxv. Petition of appeal by Government servants or servants of a Court of Wards against
orders of dismissal, reduction or suspension; copies of such orders filed with such appeals,
and applications for obtaining such copies.
 

Application by person other then judgement debtor against dispassion by decree holder n purchaser