Name- Aditya Shaw

College- Heritage Law College

University- Calcutta University
Registered Email- anujshaw51@gmail.com
Mobile No- 7439013581

Question-1:-

Civil court- A civil court handles legal disputes that are not crimes. In the United States, all such legal matters
are handled by judges, attorneys, and law firms that focus on specific areas of non-criminal law, such as
patent law or divorce litigation. In civil cases, there is not a prosecution by the government. Rather, the
plaintiff, a person, group, business, institution, or a government body, brings a claim of harm against the
defendant, another person or group. Among the many types of civil courts, we include personal injury,
medical malpractice, torts, traffic court, bankruptcy, adoption and family court, business issues, and many
others. A court of law that deals with disagreements between individual people or private companies, rather
than with criminal activities is said to be Civil Court. It deals with cases related to money, debts, property,
housing, etc.

For filing a civil case or civil law suit, there is a detailed process laid down, if the process is not followed, then
the registry has a right to dismiss the suit. The Procedure is as follows:

Filing of Suit/Plaint - Plaint is the written complaint or allegation. One who files it is known as "Plaintiff" and
against whom it is filed is known as "Defendant". It contains Name of the Court, Nature of Complaint, Names
and Address of parties to be suit, it also contain verification from plaintiff, stating that, contents of the plaint
are true and correct

Vakalatnama- Vakalatnama is a written document, by which the person/party filing the case authorises the
Advocate/Lawyer to represent on their behalf. However a person/party filing a case, May also represent their
own case personally in any court and in this case he do not need Vakalatnama"

On General Terms, a Vakalatnama may contain below terms:

• The client will not hold the Advocate responsible for any decision
• The client will bear all the costs and/expenses incurred during the proceedings
• The advocate will have right to retain the documents, unless complete fees are paid
• The client is free to disengage the Advocate at any stage of the Proceedings
• The Advocate shall have all the right to take decisions on his own in the court of Law, during the
hearing, to the best interest of client

Filing -Filing of plaint before Chief Ministerial Officer [Sherestedar)–paying appropriate court fee & process
fees,different amount of court fees is paid for different type of documents.
Hearing: How Proceedings are conducted - On the first day of hearing, if the court thinks there are merits in
the case, it will issue notice to the opposite party, to submit their arguments, and fix a date. When the notice
is issued to the opposite party, the plaintiff is needed to do the following:

• File requisite amount of procedure - fee in the court.

• File 2 copies of plaint for each defendant in the court.
• Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary
post.
• Such filing should be done within 7 days, from date of order/notice.

Written Statement -

• When the notice has been issued to the respondent, he is required to appear on the date specified in
the notice
• Before such date, the respondent is required to record his written statement i.e. his barrier against
the claim raised by offended party, inside 30 days from date of administration of notice, or inside
such time as given by court
• The written statement should specifically deny the allegations, which defendant thinks are false. Any
allegation not specifically denied is deemed to be admitted
• The written statement should also contain verification from the Defendant, stating that, the contents
of written statement are true and correct
• The time period of 30 days, for filing a Written Statement, but after seeking permission of the court
it can be extended to 90 days

Replication by Plaintiff - Replication is a reply, filed by the plaintiff, against the "written statement" of
Defendant and it should also specifically deny the allegations raised by the Defendant in written statement.
Anything which is not denied is deemed to be accepted.Once Replication is filed, pleadings are stated to be
complete.

Filing of Other Documents - Once, the pleadings are complete, and then both the parties are given
opportunity to produce and file documents, on which they rely, and to substantiate their claims. Filing of
Documents should be admitted and taken on record. In brief the procedure is as follows:

• Documents filed by one party may or may not be admitted by opposite party
• In case documents are denied by opposite party, then they can be admitted by the witness
presented by party whose documents are denied
• Once the document has been admitted it shall form a part of the record of court, and all the details
of suit such as name of parties, title of suit etc, shall be inscribed on the document
• Documents, which are rejected i.e. not admitted, are returned to the respective parties.
• It is necessary that document should be filed in "original", and a spare copy should be given to the
opposite party.

Framing of Issues – Issues are framed by the Court and on the basis of “Issues” arguments and examinations
of witness takes place. Below are the key points:

• Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go
outside the purview of "Issues"
• Issues may be of: Fact or Law
 • At the time of passing final order, the court will deal with each issue separately, and will pass
judgements on each issue

List of witness -

• All witness, the parties wish to produce, and to be examined, has to be presented before the court
• Within 15 days from the date on which issues were framed or within such other period as the court
may fix, both the parties to the suit will have file a list of witness
• The parties may either call the witness by themselves, or can ask the court to send summons to them
• In case court send summons to witness then the party which asked for such witness has to deposit
money ' with the Court for their expenses, is known as "Diet Money"
• Any witness, who is not appeared before the court, if he is required by the court to do so, then the
court may penalize in terms of fine
• Finally on the date, the witness will be examined by both the parties
• Once, the Examination and Cross- Examination of witness is over, and also the admission and denial
of documents, then the court will fix a date for final hearing.

Final Hearing -

• On final hearing day, the arguments will take place

• The arguments should strictly be restricted to the issues framed
• Before the final Arguments, the parties with the permission of Court can amend their pleadings
• The court may refuse to listen for anything which is not contained in the pleadings
• Finally, the court will pass a "final Order", either on the day of hearing itself, or some other day
which will fixed by the court.

Certified copy of order- It is the final order of court, and having the seal and stamp of court. It is useful, in
case of Appeal or in case of execution of the order.

Appeal, Reference and Review - When an order is passed against a party to the suit, it is not that it has no
further remedy. Such party can further initiate the proceedings, by way of:

1. Appeal,
2. Reference, or
3. Review

Appeal - An appeal lies from any decree passed by the court. There are some technicalities and difference
between these stated as follows:

• Where the value of suit does not exceed Rs. 10,000, an appeal can be filed only on a question of law
• When a decree has been passed against the Defendant as "Ex-Parte" (i.e. without his appearance) no
appeal is allowed
• When an appeal is headed by two or more judges, then the majority decision will be prevailed
• In case there is no majority, then the decree of lower court shall be confirmed
• If number of judges in the court where appeal is filed, is more than the number of judges hearing
the appeal, and then if there is a disagreement on a point of law, such dispute can be referred to one
or more judges

Procedure for appeal from original decrees

 • The appeal has to be filed in the form prescribed, signed by the appellant, along with a true certified
copy of the order
• The appeal should contain the grounds of objection under distinct heads, and such grounds has to be
numbered consecutively
• If the appeal is against a decree for payment of money, the court may require the petitioner to
deposit the disputed amount or provide any other security
• A ground/objection which has not been mentioned in the appeal, cannot be taken up for arguments,
without the permission of court
• Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up
in appeal lies only against only those points which have been decided by the court rightly or wrongly.

Question-2:-

A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after
filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of
suit and it shows what a Plaintiff wants from that suit. The concept of a plaint is mentioned in the Civil
Procedure Code. Through the help of plaint, the plaintiff narrates or describes the cause of action and related
information which is considered as essential from the viewpoint of the suit.

Essentials of a Plaint-

• The name of the court where the suit is to be initiated.

• The name, description and place of residence of the plaintiff
• The name, description and place of residence of the defendant
• A statement to the effect of either the plaintiff or defendant being a minor or a
person of unsound mind
• Facts constituting the cause of action
• Facts showing that the court has the jurisdiction
• The relief claimed by the plaintiff
• A statement of the value of the subject matter of the suit

The particulars of any plaint include the Heading and title, the main body of the plaint
and the relief being claimed by the plaintiff. The heading always includes the name of
the court and also the name of both the parties i.e. the Plaintiff and the Defendants
along with their place of residence. The title of the suit includes the proper reasoning
specified by the plaintiff along with the jurisdiction for the suit. The body of the plaint
includes all the concerns of the plaintiff in an elaborate manner.

The body of the plaint consists of two parts i.e. the formal part and the substantial
portion. The formal part includes statements related to the cause of action, facts
specifying that the particular court has the pecuniary or territorial jurisdiction along
with the value of the subject matter of the suit. In the substantial portion it should be
shown that the defendant is interested in the subject matter for the purposes of calling
him /her before the court. Lastly, whatever relief is being claimed by the plaintiff has to
be specifically stated in clear words. The relief might include anything from damages to
specific performance and even injunctions.
 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) AT
WASSEYPUR

Suit No. ________ of 2021

Chulbul Pandey, S/o Mahachulbul Pandey

Shamshaan Gali, Wasseypur, UP .......... Plaintiff

v.

Cheddi Singh, S/o Mahachedi Singh

Ganghor Gali, Wasseypur, UP .......... Defendant

Plaint under Order 7 Rule 1 for Damages due to Wrongful Termination from
the

Employment

The plaintiff respectfully submits the following:

1. That the plaintiff was employed under the defendant’s company as a

financial

officer on a monthly salary of Rs. 30,000/- at Mumbai Office.

2. That the plaintiff has been working under the defendant’s organization
for the

past six years.

3. That the plaintiff was given appointment letter dated 01 of January 2015
to the

effect abovenamed.

4. That the plaintiff looks after the financial activities of the company and in
order to
lure the customers, defendant asked plaintiff to embezzle the financial
report to

reflect that, the company is doing well; which if would had been done, it
would

have unethical and illegal consequences. The defendant outrightly and

blatantly

rejected such offer.

5. That thereafter on 10th of January 2021, the defendant accused the

plaintiff of

wrongfully embezzling with the financial report of the company and hence
was

terminated from the services without paying his salary for last month. i.e.,
the

month of December, 2020.

6. That the defendant also made a false report to the Police, for which the
plaintiff

was prosecuted, but later on discharged on finding the accusation to be

baseless, on 10th of March 2021.

7. That the cause of action arose on 10th of January 2021 when the plaintiff
was

wrongfully terminated by the defendant after wrongfully accusing him of

embezzling with the financial reports and initiating a malicious prosecution

and

this Court has the Jurisdiction to try this suit.

8. That the suit is valued at Rs _________ for the damages for wrongful
termination

of employment, the defamation and the malicious prosecution and one

month’s

salary. Court fees has been paid and this Court has the Pecuniary

Jurisdiction for the same.

Reliefs Claimed:

The plaintiff claims the following reliefs:

1. The payment of Rs 170,000 from the Defendant

2. Interest on the aforesaid amount from the date of filing of the suit till
payment of

the amount aforesaid.

Place: ________

Date: _________

Signature (Plaintiff)

VERIFICATION

I, Abovementioned plaintiff, do hereby verify that the contents of paras 1 to

6 of the

plaint are true to my personal knowledge and the content of the remaining
paras

thereof are based on the legal advice which I believe to be true.

Verified on this 16th Day of May 2021 at Wasseypur Plaintiff.

Question-3:-
Process of drafting an affidavit: -
1.At the top, write the name of the court, tribunal in which the affidavit is to be submitted, along with
the allotted case/suit no.
2.Mention the names of parties in brief.
3.As a heading/title of the document, mention ‘AFFIDAVIT’ in the bold and underlined font.
4.Thereafter give the details of the deponent (the person who is testifying as to the truth of submissions
made by him, in the main petition) such as the name of the deponent and his father, age of deponent
and his residential address, followed by ‘Do solemnly affirm and declare as under.’
5.In the first paragraph after the introduction, the deponent has to mention that he/she is the plaintiff
or the defendant (as the case may be) in the suit for which the affidavit is being submitted and he has
to make a declaration that he is fully aware and conversant with the facts of the case and can testify
for the same.
6.In the second paragraph, mention that the petition or submission made in the petition has been
drafted by the counsel of the deponent and that the contents have been read over in vernacular
language, with detailed explanation made to the deponent, along with consequences of the same,
been explained to him.
7.Mention in brief the circumstances of the suit or the submission made by the deponent. In case the
main petition already contains the details, the same need not be repeated in the affidavit and one can
mention that ‘contents of the petition are not being repeated here for sake of brevity and therefore one
shall consider the same as a part of this affidavit.’
8.Lastly, state that it is the deponent’s true and correct statement, followed by a paragraph about
verification, which will state that contents of the affidavit are true and correct to the deponent’s
knowledge and that nothing material has been concealed.

Sample format

IN THE_________ COURT, NEW DELHI

CIVIL SUIT NO._______ OF 2021

IN THE MATTER OF:

Xyz …..Plaintiff

VERSUS

Abc ……Defendants

AFFIDAVIT

I, __________S/O__________, aged _____ years, R/O ______________________,

do hereby solemnly affirm and declare as under:-

4. That I am the plaintiff in the above-noted suit and fully conversant with facts
of the case and able to depose about the same.
5. That the accompanying suit/plaint has been drafted by my counsel on my
instructions and contents of the plaint have been read over and explained to
me in vernacular language and I have understood the meaning and
implications thereof and the facts stated therein are correct.
6. That the contents of the suit are not being repeated here for the sake of brevity
and same shall be considered as part of this affidavit also (Optional but you
can also add the details of submissions to be made before the court, to which
deponent is testifying to be true to his knowledge).

DEPONENT

VERIFICATION:
Verified at New Delhi on this______day of _____May 2021, that contents of the
above affidavit are true and correct to my knowledge and nothing material has been
concealed therefrom.

DEPONENT

Question-4:-

INTERLOCUTORY APPLICATION
BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY
IA NO. ______OF 200
In
Appeal/Original Petition No. ________of 200 .
CAUSE TITLE
Set out the Appeal No. _________________of 200
Appeal / Petition short cause title
Set out the 1. Appeal No.____________200
Cause Title – Interlocutory Application
Petition for stay/direction/dispense with/condone delay/calling records
The applicant above named state/s as follows :
1. Set out the relief (s)
2. Brief facts
3. Basis on which interim orders prayed for
4. Balance of convenience, if any :
(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its
behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has been
concealed or suppressed and further declare that the enclosures and typed set of material
papers relied upon and filed herewith are true copies of the originals or fair reproduction of the
originals or true translation thereof.
Verified at_________dated at _______this day __________of _______200 .
Counsel for Applicant
Applicant
VERIFICATION
I __________________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case
may be ) ___________age ____________working as __________ in the office of
_______________resident of _______________ do hereby verify that the contents of the
paras _____________to ___________are true to my personal knowledge / derived from
official record ) and para _________ to _______are believed to be true on legal advice
and that I have not suppressed any material facts.
Date :
Place :
Signature of the Appellant/Petitioner or authorized officer

Question-5:-

Writ Petition is an order by a higher court to a lower court or courts, directing

them to do something or stop them from doing something. It is a form of written

command in the name of the court in which it directs you to act in a specific way.

In India one can file a writ petition under Article 226 in the Hon’ble High Court

and under Article 32 of the Indian Constitution in the Supreme Court. Article 32

and Article 226 of the Indian constitution elaborate on the process and meaning

of the writ petition

In case where one thinks that the High Court has not given a suitable judgment

then in that condition one can then submit the petition of the writ in the Supreme

Court.
IN THE HIGH COURT AT _______________________

DB HABEAS CORPUS WRIT _________ of 20___

IN THE MATTER OF:

ABC

Petitioner

Versus

The State of _________ through the Chief Secretary, Govt. of __________ at __________The
District Magistrate of _____________________The Superintendent _____________ Jail
_________ at _________

Respondents

***

IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA

AND
IN THE MATTER OF DIRECTION, ORDER OR ORDERS AND/OR WRIT IN THE NATURE OF
HABEAS CORPUS AND/OR ANY OTHER APPROPRIATE WRIT OR WRITS.

AND

IN THE MATTER OF THE IMPUGNED ORDER OF DETENTION BEING ORDER NO. _______
DATED _____ PASSED BY________

***

To,

THE HON’BLE CHIEF JUSTICE & OTHER COMPANION JUDGES OF THE HIGH COURT OF
JUDICATURE FOR ___________ AT ___________.

MAY IT PLEASE YOUR LORDSHIPS,

The humble petitioner above named respectfully submits as under:-

That the petitioner is citizen of India and his description ______________.That the petitioner was
arrested on _________ by an order being order No. ________ dated _______ passed by the
respondent No.3 on _________ at_________ was put in the custody of respondent No. 2 in the
Jail at ________.That the said order of detention dated ________ was passed under the
________ act for Indulging/committing _____________. The order detention annexed marked as
“A”.That the petitioner was conveyed with the following grounds of detention under the said Act
on __________. A copy of the grounds of detention is marked as annexure “B”.Made
representation but went unheeded.Being aggrieved by and dissatisfied with the said order of
detention and grounds of detention the said petitioner _________ to move to your Lordships on
the following amongst the other.
GROUNDS

(I)

(II)

(III)

(IV)

(V)

7. It is incumbent upon the Respondents to set your petitioner at liberty and unless orders
as prayed for herein are made, your petitioner will suffer irremediable loss and liberty.

8. The petitioner has no other alternative and the reliefs claimed hereinbefore, if granted,
will give complete and effective relief.

9. The cause of action arises and the records of the case are lying within the jurisdiction
of this Hon’ble court.

10. The application is made bona fide and is in interest of justice.

PRAYER

In view thereof the petitioner above named humbly and most respectfully prays that your
Lordships may please be that

A writ in the nature of Habeas Corpus be issued commanding the Respondents for the production
of body of your petitioner in the court and set at liberty.Any other order or orders and/or directions
as your Lordships may deem fit and proper.

And petitioner as in duty bound, shall ever pray.

Date

Petitioner

ADVOCATE