DRAFTING, PLEADING & CONVEYANCEDrafting, Pleading and Conveyance Chapter 1 Drafting : Y What is Draft? Y General Principles of drafting and relevant substantive rules.Drafting, Pleading and Conveyance Draftin, WI! Draft ? A written order by the first party, called the drawer, instructing a second party, called the drawee (such as a bank), to paymoney to a third party, called the payee. An ordert © pay a sum certain in money, signed by a drawer, payable on demand orat a definite t ime, to order or bearer. A tentative, provisional, or preparatory writing out of any document (as a will,contrac {, lease, and so on) for purposes of discussion and correction, which is afterward to be prepared in its final form, A draft that is payable on demand is called a sight draft because the drawee must complywith its terms of payment when it ispresented, in his or her sight or presence, by the payee. In contrast, a time draft is one that is payable only on the datespecifiedo nits face or thereafter. A draft may be payable to a designated payee or to the bearer--- the person who has the possession of the draft at the time it is presented to the drawee for the payment-— pursuant to the drawer direction. About Drafting : Drafting relates to making a draft of something. Drafting a document would imply making a rough copy of a document. Drafting requires knowledge of law and required ability to eal with abstract concepts and presence of mind. The company has to enter into various types of agreements with different parties and have to execute various types of documents in favour of its clients, banks, financial institutions, employees and other constituents. Drafting may be defined as the synthesis of law and fact in a language form. Perfection cannot be achieved in drafting unless the nexus between law, facts and language is fully understood. The essence of legal drafting is the law and the facts of document. ‘The process of drafting operates in two planes: the conceptual and the verbal. Besides seeking the right words, the draftsman seeks the right concepts. Drafting, therefore, is first thinking and second composing. Drafting, in legal sense, means an act of preparing the legal documents like agreements, contracts, deeds etc.Drafting, Pleading and Conveyance General Principles of Drafting and Relevant Substantive Ruk Key points Corporate Executive should keep in mind- 1) He must read the introductory note or the literature on the subject of the instrument. 2) Note down the important requirements of law which fulfilled complete instrument on the subject while drafting. 3) The facts which should be disclosed in the document cannot be suppressed. Nothing is to be omitted or admitted at random. 4) A company being a legal entity. The document is executed a person duly authorised by the directors by their resolution or by their power of attorney. 5) The format of documents adopted adheres to the customs and conventions in vogue in the business community or in the ordinary course of legal transactions. For any change in the form of such document, use of juridical and technical language should invariably be followed. 6) The order of the draft should be strictly logical. Legal language should be, to the utmost possible extent, precise and accurate. The draft must be readily intelligible to laymen. All the time the draftsman must keep his eye on the rules of legal interpretation and the caselaw on the meaning of particular words and choose his phraseology to fit them. 7) Document should be supported by the schedules, enclosures or annexures to the material facts. 8) Use concrete words. 9) Write short sentences. 10) Prepare a outline. Fowlers' five rules of drafting as follow as ~ 1) Prefer the familiar words. 2) Prefer the concrete word avoid abstract words. 3) Prefer the single word avoid synonyms words, 4) Prefer the short word rather than long words. 5) Prefer the Saxon word rather than Roman. 6) Prefer active voice to the passive voice in the drafting of documents. —— 4Drafting, Pleading and Conveyance Other rules ~ 1) Sketch or outline the contents of a document before taking up its drafting. This rule is suggested by Mr. Davidson,a celebrated authority on conveyancing in his book on Conveyancing, 2) Skelton draft and its self-appraisal- The Draftsman should frame “skeleton draft" which should be filled in or elaborated as he proceeds with his work. (Once the draft of the document is ready, the draftsman should appraise it with reference to the available facts, the law applicable in the case, logical presentation of the facts, 3). Due care is required i laws. certain documents to ensure it is adhere with applicable » Rules For Drafting : 1) Use legal dictionary and ordinary dictionary for ascertaining the meaning of the words. 2) Use current meaning of the words, case laws, where such words or phrases have been discussed, could be quoted in reference, 3) Technical words may be used after ascertaining their full meaning, import of the sense and appropriate use warranted by the circumstances for deriving a technical or special meaning with reference to the context. 4) The draftsman should be able to convey his intention to the readers, in the same way as he wishes them to understand. 5) It is always beneficial to use reference of eminent legal experts’ work, while interpreting the statute as it will give the readers clear idea and guidanceDrafting, Pleading and Conveyance Chapter 2 Pleadings : Y Civil: Plaint. Written Statement. Affidavit. ‘Execution Petition. Interlocutory application. Original Petition. Memorandum of Appeal and Revision. Petition under Article 32 eL 226 of the Constitution of India, PIL Petition. Y Criminal :- Complaint. Criminal Miscellaneous petition. Bail Application. Memorandum of Appeal and Revision.Drafting, Pleading and Conveyance Pleadings Asking a court to grantrelief Theformalpresentationofclaimsanddefencesbypartiestoalawsuit. ‘The specific papers bywhichtheallegationsofpartiestoalawsuitarepresentedinproperform; specifical ly the complaint of a plaintiffandtheanswerofadefendantplusanyadditionalresponsestothosepapersthat are authorize dby law. Y Civil: @ Plaint A private memorial tendered in open court to the judge, where the party injured sets forth his cause of action, A proceeding in inferior courts by which an action is commenced without original writ, 3 Bl. Comm, 373. This mode of proceeding is commonly adopted in cases of replevin. 3 Steph. Comm, 006.In the civil law. A complaint; a form of acti n, particularly one for setting aside a testament alleged to be invalid. This word is the English equivalent of the Latin “que- rela”. © Particulars to be contained in Plaint 1) 2» 6) ? 8) 9) ‘The names of the Court in which the sui is brought. The name, description and place of residence of the plaintiff. The Name, description and place of residence of the defendant, so far as they can be ascertained. Where the plaintiff of the defendant is a minor or a person of unsound mind, a statement to that affect. The facts constituting the cause of action and when it arose. The facts showing that the Court has the jurisdiction. ‘The relief which the plaintiff claims. Where the plaintiff has allowed a set-off or relinquished. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.Drafting, Pleading and Conveyance THE COURT OF Ms. SALONI S! -H, CIVIL JUDGE -02, PATIALA HOUSE, NEW DELHI Civil Suit No. 102 of 2015 (Under Order XXX VII of the Code of Civil Procedure, 1908) MEMO OF PARTIES 1)xX Having its Regd office at C-9, Radial Road Number 4, Connaught Place, Delhi 110001 ee Plainii, Versus Ly Having its regd. Office at Ath Floor, Statesman House, KG Marg, Delhil 10001 ..Defendant Delhi Plaintiff Date: Through Abe, AdvocateDrafting, Pleading and Conve IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE, NEW DELHI Civil Suit No. 102 of 2015 (Under Order XXXVII of the Code of Civil Procedure, 1908) IN THE MATTER O1 x C-9, Radial Road Number 4, aan Place, Delhi 110001 ..Plaintiff Versus Y Ath Floor, Statesman House, KG Pe Delhi 110001 s++++-Defendant THE PLAINTIFF NAMED ABOVE STATES AS UNDER: Most Respectfully Showeth:~ © That the present suit is being filed under the specific provisions of and in accordance of Rule 2 of Order XXXVI of the Code of Civil Procedure, 1908 and that the Plaintiff claims no relief, which does not fall within the ambit of this rule. ‘* That the Plaintiff is a Retail store engaged in a business of marketing and selling of books in various fields having its Registered Office at C- 9, Connaught Place, Delhi. Aman Jain through whom the present suit is being instituted is the sole proprietor of the Plaintiff and he is fully competent to engage the counsel, sign the vakalatnama, plaint, affidavit, etc. to depose before the Hon'ble court and to do such other acts, deeds and things. © That the plaintiff is engaged in marketing, selling & supplying newspapers, books and periodicals in the field of Indian law,Drafting, Pleading and Conveyance business, economics, companies, international trade, commercial books, etc. That the Defendant is a consultancy firm incorporated under the Companies Act, of 1956 having its registered office in 4th floor, Statesman House, Kasturba Gandhi Marg, Delhi. That the Defendant approached Plaintiff on June 28, 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014. That the plaintiff insisted on an advance amount before commencing supply. That defendant provided a post dated cheque 295959 for July 29, 2014 of Rs. 50,000/- drawn on HDFC Bank, Branch Barakhamba Road, Delhi. The same was accepted by the plaintiff. This act of defendant initiated the contract by conduct of parties and so the plaintiff started supplying various reading materials to the defendant. The copy of the cheque is annexed herewith and marked as Annexure A-1. That the plaintiff supplied newspapers, magazines and periodicals in the month of July to the defendant. The total amount at the end of the month of July was calculated as Rs. 75,000/- (Rupees Seventy five thousand only). It was conveyed to the defendant vide Invoice 2652 dated July 30, 2014 which was duly accepted. A copy is annexed herewith and marked as Annexure A-2. That vide a letter dated August 01, 2014 the deposited cheque 295959 was returned dishonoured by plaintiff’s bankers i.e. HDFC bank, Connaught Place Branch, Delhi. With this the plaintiff withheld the supply of the books & circulars till defendants pay off the dues. A copy of the letter is annexed herewith and marked as Annexure A-3. 10Drafting, Pleading and Conveyance ‘That the plaintiff requested the defendant several times, orally and also via electronic mails to make the payment of the outstanding amount but the defendant on one pretext or the other avoided to the legitimate requests of the plaintiff without any cause or reason and never made any payment to the plaintiff. A copy of the trailed mails are annexed herewith and marked as Annexure A-4. That vide legal notice dated December 22, 2014 through registered post the plaintiff requested defendant to pay an amount of Rs. 75,000/- (Rupees Seventy five thousand only) due towards the services provided within 3 months (three months) after the receipt of the letter. A copy the notice is annexed herewith and marked as Annexure A-5. That no communication has been made till date by the defendants regarding the payment of money. That the defendant has not been cooperating and also has failed to repay their dues of the Plaintiff and hence this present suit. That the cause of action accrued to the plaintiff against the defendant within the jurisdiction of this Hon'ble Court on March 25, 2015 when the legal notice served by the plaintiff upon the defendant and he has not acted upon it thereafter. That the plaintiff is entitled to an interest @ 8.5% (at the rate of eight and half percent per annum) which is in consonance with the prevailing market rates and bank rates. The plaintiff claims interest at the above rate from the defendant from the date it became due till the date of realization. That the present suit being filed by the plaintiffs against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter. That plaintiff and the defendant works for gain and the entire cause of action also accrued between the parties at Connaught Place Delhi, within the territorial jurisdiction of this Hon'ble court. Therefore, this FryDrafting, Pleading and Conveyance Hon'ble court has got the jurisdiction to entertain and try the present suit. ‘© That the value of the suit for the purposes of jurisdiction and payment of court fee is approximately Rs. 75,000/- (Rupees seventy five thousand only) on which Court fee of Rs. 3076.00 (Rupees three thousand seventy six only) has been paid. Prayer The plaintiff thereby prays: + That the amount due against the defendant is 75,000/- (Rupees Seventy five thousand only) to be ordered for payment to the plaintiff and leave to defend may please be granted accordingly. «That interest on principal sum from August 01, 2014 till the date of institution of suit be awarded and Pendente lite interest at the rate of 18% may be granted till the payment by the defendant. + That the costs of the suit be awarded to the plaintiff against the defendant. Delhi Plaintiff Date: March 27, 2015 VERIFICATION I, the plaintiff above named do hereby verify that the contents of this plaint from paragraph | to 13 are true and correct to my personal knowledge and paragraphs 14 to 18 are believed to be true and correct according to the legal advice received to me. Signed and verified on March 27, 2015 at Delhi. Plaintiff 12Drafting, Pleading and Conveyance IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE, NEW DELHI Civil Suit No. 102 of 2015 (Under Order XXXVII of the Code of Civil Procedure, 1908) x Versus Y AFFIDAVIT I, Mr. Aman Jain on behalf of X do hereby solemnly affirm and state as under that:- 1. That the deponent is the plaintiff in the captioned suit. | am fully conversant with the facts of the plaint and competent to swear this affidavit on my behalf. 2. That the present appeal has been drafted by my counsel under my instructions and guidance and the contents of the same are true and correct and are not being repeated herein for the sake of brevity and to avoid repetition and prolixity. 3. That the contents of the plaint may kindly be read as part and parcel of this Affidavit also. DEPONENT VERIFICATION: Verified by me at Connaught Place-Delhi on this 27th day of March 2015, that the contents of my above affidavit are true and correct to my knowledge, no part of it is wrong and nothing material facts has been concealed there from. DEPONENTDrafting, Pleading and Conveyance IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE, NEW DELHI Civil Suit No. 102 of 2015 (Under Order XXXVII of the Code of Civil Procedure, 1908) IN THE MATTER OF: x Versus 7 I, Aman Jain, the Sole Proprietor of X (the plaintiff) do hereby appoint & retain Advocate Abe (hereinafter called as “the Advocate”) to be my advocate in the said Suit. I authorize the Advocate to do any or all of the following on my behalf: 1. a) To represent, act and appear for me 2. b) To conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any application connected with the same or any decree of order passed therein 3. c) To sign, file, verify, present, and receive all types of documents including plaints, statements, pleadings, appeals, cross objections, petitions, applications, revision, withdrawal, compromise or affidavits . d) To withdraw or compromise or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said suit . e) To deposit, draw and receive money, cheques, cash and grant receipts thereof . f) To do all other acts and things as may be necessary or expedient, in the opinion of the Advocate, to be done B wo 2 ts done by the Advocate or her if done by me to all intents and I do hereby agree to ratify and confirm all a substitute in the matter as my own acts, a purposes. Dated: March 25, 2015 SignatureDrafting, Pleading and Conveyance 15Drafting, Pleading and Conveyance Written StatementDrafting, Pleading and Conveyance ¢ Written Statement The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence : Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. 7Drafting, Pleading and Conveyance IN THE COURT OF THE Ill ADDITIONAL JUNIOR CIVIL JUDGE : CITY CIVIL COURT : AT HYDERABAD. O.S. No. of 2007 Between:- Mr.Rama Rao, Sloe e Aged years. Occ: R/o.Hyderabad Plaintiff And Mr.Appa Rao, SlO.sssescsrsesessiesessseees AgUd .... Years, Occ: R/o.Hyderabad. .-Defendant WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RL.1, C.P.C. 1) __Itis submitted that the defendant has gone through the averments made in the plaint and affidavit filed in support of the plaint. The averments, which are not specifically admitted, are denied. The Plaintiff is put to strict proof of the same. Most of the averments are not correct and false and the suit is not maintainable. 2) Inreply to Para III (1) of the plaint, itis submitted that Ihave no acquaintance with the plaintiff and did not approach at any point of time for hand loan to meet my son’s education and executed promissory note in favour of the plaintiff. I have sufficient means to support my family. Hence, there is no question of taking hand loan from the plaintiff and execution of promissory note in favour of the plaintiff. 18Drafting, Pleading and Conve 3) Inreply to para III (2) of the plaint, it is submitted that the notice issued by the plaintiff was received by me on. The contents of the notice are vague and false. Since I did not approach the plaintiff for any hand Ioan and executed promissory note, I did not choose to reply the notice. Hence, the allegations in the notice are denied. 4) Inreply to para III (3) of the plaint, it is submitted that I did not borrow any amount from the plaintiff and executed promissory note in favour of him. The allegation of the plaintiff is false and I need not bound to pay any amount to the plaintiff. It is not correct to say that I have borrowed a sum of Rs.25,000/- from the plaintiff and executed a promissory note in favour of him. 5) Inreply to Para III (4) of the plaint, itis submitted that since there is no amount is, borrowed from the plaintiff and executed pro-note, the figures of outstanding stated in para therein is false and fabricated one. 6) Itis submitted that I have never approached the plaintiff for any amount said to have been borrowed by me and executed pro-note. Since we reside in the same street and due to rivalry between our two families regarding some disputes relating to colony problems, the plaintiff has fabricated the pro-note and filed the present suit alleging that I have borrowed a sum of Rs.25,000/- from plaintiff and executed a pro-note. The plaintiff is trying to mislead this Hon’ble Court and made false allegations in the plaint. 7) The other allegations of the plaint which are not specifically admitted herein are denied. The plaintiff is put to strict proof of the same. Hence, it is prayed that this Hon’ble Court may be pleased to dismiss the suit with costs. Counsel for the Defendant Defendant Verification 1, Appa Rao, S/o aged about years, Occ: Employee, do hereby declare that the facts stated in paras 1 to 7 are true and correct to the best of my knowledge, information and belief and I believe the same to be true and correct. Hence, verified on this the — day of June, 2007 at Hyderabad. 19Drafting, Pleading and Conveyance AffidavitDrafting, Pleading and Conveyance © Affidavit :- In Indian law, although an affidavit may be taken as proof of the facts stated therein, the Courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as "evidence" within the meaning of Section 3 of the Evidence ‘Act. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the Court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination (Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960 AIRS71, 1960 SCR(2) 841). Therefore, an affidavit cannot ordinarily be used as, evidence in absence of a specific order of the Court. 21Drafting, Pleading and Conveyance ///Format of Affidavit/// In the Court of. Versus CIVIL APPEAL AFFIDAVIT We, ee S00 108 , All residents declare as under do hereby solemnly affirm and 1- That the deponent has filed the above noted appeal along with an application for stay today before Hon’ble court the contents of which be read as part and parcel of this affidavit as the same are not being reproduced here for the sake of brevity and avoidance repetition. 2- That the contents of the appeal and application have been read over to me by my counsel who is true to best of my knowledge and nothing is untrue therein. Deponents Verification: Verified that the contents of my above affidavit are true to best of my knowledge and nothing has been concealed therein, Verified at___on Deponents 22Drafting, Pleading and Conveyance ///Format of Affidavit/// Before the Ld. NOTARY PUBLIC at : AFFIDAVIT : We, (1) Smt. Jharna Goswami (Bhattacharjee), and (2) Sri Pranab Bhattacharjee, Hindu by religion, Housewife and service by occupation, resident of Kothabari, Block “C”, word No. 20 under $.M.C. , P.O. Jhaljhalia, P.S. English Bazar, Dist. Malda, Do hereby solemnly affirm and declare as follows :- 1. That our son is desirous of pursuing Certificate IV in Networking at North Melbourne Institute to TAFE, Melbourne, Australia, 2. That We have fully Understood the course contents, all financial expenses involved for the duration of the stay and study period, 3. That We have adequate finane commitments and obligations. ability and resources to meet our sponsorship 4, That Our son will not be a public charge during his stay in Australia and will return to India on completion of the proposed course. 5. That above statements are true to the best of my knowledge and belief and I sign this affidavit on this the day of .20__at Declarant. Identified by me Advocate 23Drafting, Pleading and Conveyance Format of Affidavit Before the Ld. Executive Magistrate at | AFFIDAVIT | 1. ZAHIR ALAM, aged about 34 years, $/O Nejamuddin, Muslim by faith, Business by occupation, resident of Vill, Budhagachh, P.O. Matikunda, P.S. Islampur, Dist. Utar Dinajpur and presently residing at Biswas Colony, Railgate, P.O. & P.S. Matigara, Dist, Darjeeling, do hereby solemnly affirm and declared as follow: 1. That CHANDANI KHATOON is my daughter who was born on 14.09.2003 at sutki godown, P.S. Matigara, Dist. Darjeeling and a certificate of birth has been issued to that effect vide Registration No. 235/Mati- II dated 03.10.2003. 2. ‘That in the said certificate of birth of my daughter, my name has been wrongly written as Md. Jahir Uddin of Zahir Alam, 3. That Zahir Alam and Mr. Jahir Ud person i.e. the father of said Chandani Khatoon. is same and identical person and I am that 4. That I swear this affidavit today in order to prove/ declare the above contents of this, affidavit. The above statements are true to the best of my knowledge and belief and I sign this affidavit on this the day of at Declarant. Identified by me. Advocate 24Drafting, Pleading and Conveyance Execution PetitionDrafting, Pleading and Conveyance Execution is the last stage of any civil litigation. There are three stages in litigation- a. Institution of litigation, b. Adjudication of litigation, c. Implementation of litigation, Implementation of litigation is also known as execution, Decree means operation or conclusiveness of judgment. A decree will be executed by the court which has passed the judgment, In exceptional circumstances, the judgment will be implemented by other court which is having competency in that regard. Execution enables the decree-holder to recover the fruits of the judgment. The term “execution” has not been defined in the code, The expression “execution” simply means the process for enforcing or giving effect to the judgment of the court. The principles governing execution of decree and orders are dealt with in Sections 36 to 74 and Order 21 of the Civil Procedure Code. Hon'ble Apex Court in Ghanshyam Das v, Anant Kumar Sinha (AIR 1991 SC 2251) dealing with provision of the code relating to execution of decree and orders, observed in following words — “ so far as the question of executability of a decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with it in all aspects. The numerous rules of Order 21 of the code take care of different situations providing effective remedies not only to judgmentdebtors and decree-holders but also to claimant objectors, as the case may be.” Execution is the enforcement of a decree by a judicial process which enables the decree-holder to realize the fruits of the decree and judgment passed by the competent Court in his favour. The execution is complete when the decree- holder gets money or other thing awarded to him by the judgment, decree or order of the Court, 26Drafting, Pleading and Conveyance Format of Execution Petition IN THE COURT OF Execution Petition of _ OF YYYY In Civil Suit of ___ of YYYY .. Decree Holders) Vis (Judgment Debtor ) The DECREE HOLDER PRAYS FOR EXECUTION OF THE DECREE/ORDER DATED DD/MM/YYYY, THE PARTICULARS WHEREOF ARE Police Station: STATED IN THE COLUMNS HEREUNDER:- L No. of Suit 2. Name of Parties Date of Decree/order of which execution is sought Whether an appeal was filed against the decree / order under execution Whether any payment has been received towards satisfaction of decree-order Whether any application was made previous to this and if so their dates and results ‘Amount of suit along with interest as per decree or any other relief granted by the decree Amount of costs if allowed byDrafting, Pleading and Conveyance Court 9, | Against whom execution is sought 10 | In what manner court’s assistance is sought Verification:- I, Rajani Sharo Sh. Kastoori Lal R/o EA 159 Qazi Mohalla, Bazar Parprain, Jalandhar. do hereby verify that the contents of this application are true to my knowledge or belief. Signature of Decree Holder ‘Through Advocates for the decree Holder In all cases the application for execution shall be accompanied by a duly certified copy of the decree or order, or by the Original, or by the Minutes of decree or order until the decree or order is drawn up. Judge may allow execution before sealing of decree or order. 28Drafting, Pleading and Conveyance Interlocutory ApplicationDrafting, Pleading and Conveyance ¢ Interlocutory Application An interlocutory application is an application which is moved in the m; petition, it is usually filed when you ask for some urgent relief or to bring certain new facts to the knowledge of the court. if the supreme court order says ‘interlocutory application disposed of", then it means that you had filed an application seeking some relief, and after hearing you on the application, the court has passed an order in your application. The Civil Rules of Practice and Circular Orders, Chapter I - Preliminary- Rule 2 (J) defines: “Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or _ order. Chapter V: deals with (A) Interlocutory proceedings ~ Rule 53 to 55, 58 and 59 of Civil Rules of Practice further deals with the form, contents, separate application for each distinct prayer and service of notice to other parties. Every interlocutory application supports a affidavit and the true copies of all applications, affidavit and the same documents get furnished to the opposite party or counsel. In simple word, “an Interlocutory Application” — An application, put or moved in the original petition, It is usually filed when one ask for some urgent relief or to bring notable new facts to the knowledge of the Court. An Interlocutory Petition emerges with a perspective to keep the closures of equity from being crushed when the Original Petition can’t address the prompt circumstances. Interlocutory Applications is a support to the principle appeal for an interlocutory relief amid pendency of the original Petition. 30Drafting, Pleading and Conveyance 1: Format of Interlocutory Application :: BEFORE THE APPLLATE TRIBUNAL FOR ELECTRICITY IANO. 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 applicantabove 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 Application’ on its behalf and attested by a Notary Public). DECLARATION The applicant above named hereby solemnly declared that nothing material has been concealed or suppressed and further declared that the enclosures and typed set of material has been concealed or suppressed and further declare that the enclosures and typed set of material papers relief upon and filed herewith are true copies of the originals of fair reproduction of the originals or true translation thereof Verified at dated at this day of. 200. Counsel for Applicant Applicant 31Drafting, Pleading and Conveyance 1 (Name of the applicant) S/o,W/o.Dio. (indicate any one, as the case may be) age working as in the office of resident of do hereby verify that the paras to are true t0 my personal knowledge / derived from official record) and paras to are believed to be true on legal advice and that I have not suppressed any material facts. Date : Place Signature of the App! nn/petitioner or authorized officer 32Drafting, Pleading and Conveyance Original PetitionDrafting, Pleading and Conveyance © Original Petition Original Petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific relief. Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original Petition means a Petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree or order, is instituted in a Court.” The Original Petition refers to the point of origination of the dispute. ‘The Original Petition is unable to address the immediate circumstances. Interlocutory Applications or Interlocutory Petitions are filed to support the main petition for an interlocutory relief during pendency of the main petition. 34Drafting, Pleading and Conveyance [ Format of Original Petition ] Inthe Family ¢ Tirupati MARRIAGE 0.P. No. 17/2011 ‘Smt. Saraswathi soso Petitioner Mohan Reddy .. Respondent Petition filed on behalf of the petitioner under Hindu Marriage Act. Name of the Petitioner Smt. Saraswathi, W/o S. Mohan Reddy, Hindu aged about 30 years house wife residing at 17-6-93, Brahmin Street, Tirupati. The address of the petitioner for the service of notice etc. is as stated above and also care of her counsel. Smt. V. Geetha, Advocate, Tirupati. Name of the Respondent: S. Mohan Reddy, S/o. Raja Reddy, Hindu aged about 32 years, Doctor by Profession, residing at 8-3-97, G.S. Mada Street, Tirupati. The address of the respondent for the service of notices etc. is as stated. The petitioner submits that she is legally married wife of the respondent. This marriage was celebrated in the year 2008 at Tirupati. At the time of marriage the petitioner's parent's gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the respondent. ‘The marriage was consummated immediately. The petitioner submits that, she is the legally married wife of the respondent. Their submits that respondent has started his nursing home at Reddy & Reddy colony and gained good reputation and were happy for 2 years i,, since 2011 his life started to have ups and downs. The petitioner submits that the respondent slowly cultivated the bad habits and became share to alcohol and used to have ephedrine etc. So have slowly began to lose his sexual — 35,Drafting, Pleading and Conveyance potency and attach become a total impotent. When he has been taken to Apolo Hospital, Madras, the doctors have concluded that he lost his potency because of excessive narcotic drugs and alcohol, The respondent became frustrated in his life. He gave up his practice slowly the petitioner sold her jewels to maintain the family. Her parents also helped to some extent. The petitioner submits that because of inferiority complex the respondent started to suspect the character of the petitioner. He used to abuse her with vulgar and filthy words that, she had illegal connections with others. He used to abuse her even, if beggar stands infront of the house, as the beggar is awaiting for her. She tolerate all these mental torture added to this the respondent used to put cigarettes on her breast thighs and other private parts and burn them, He enjoys her screamings. Sometimes he gaged her mouth with cloth and subject her to physical cruelty. The petitioner further submits that on 10.02.2011 he made her naked put the blade on her left breast and applied chillies powder on the wound she cried loudly apprehending danger and her neighbor and her mother-in-law came there and saved her from the clutches of the respondent than on 11.02.2011 she came away to her parents house. She apprehends danger to her parents house also. She apprehends danger to her life in the ic husband, hands of the respondent and it is impossible for her to live with such sac Hence the petition for Judicial separation Filed. The cause of action for this petition for Judicial Separation arose on 01.02.2003 the date of marriage and also 10.02.2011 when she frightened of her life ran away to her parents house continues de divindum with the jurisdiction of this hounourable court. .. Net and fixed court The value of the petition for the purpose of court fee is of Rs. fee of Rs. 10/- paid V/Sec of AP.CF. & S.V. Act. The petitioner submits that no similar petitioner has been filled so far before any court. Prayer The petitioner therefore prays that the honourable court may be pleased to pass an order and decree, (a) Declare that the marriage has been dissolved by judicial separation. 36Drafting, Pleading and Conveyance (b) Direct the respondent to pay cost of the petition. And pass such others and further orders as it deem fit and proper in the circumstances of the case. Advocate for petitioner Petitioner VERIFICATION 1, the petitioner do here by declare that the facts state above are true and correct to the best of my knowledge and belief and signed this verification on this the 25.02.2011 at Tirupati. LIST OF DOCUMENTS 1) 01.02.2008 marriage invitation card. 2) Doctor prescription with wound certificate. 37Drafting, Pleading and Conveyance Memorandum of Appeal and revisionDrafting, Pleading and Conveyance «¢ Memorandum of Appeal and revision :- A Memorandum of Appeal is the set of grounds upon which a judicial examination is prayed for. It should contain concisely and under separate heads, the grounds of objection to the decree appealed against. The Memorandum is often need to be accompanied by a copy of the decree appealed from. A memorandum of appeal is different from petition, Therefore, no enumeration of the facts of the case, no complaint against the high handedness of the other party, no plea of the helpless condition of the appellant and no plea for sympathy of the court should find any place in memorandum, The ‘memorandum can be divided into two main parts. They are as follow as- 1. Formal Part. 2. The Material Part, 39)Drafting, Pleading and Conveyance Format of Memorandum of Appeal and Revision IN THE HIGH COURT OF.. ATE CIVIL APPELLATE JURISDICTION REGULAR CIVIL APPEAL NO..... IN THE MATTER OF: A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act and having its registered office .--Appellant Versus Mis. a sesss+. @ partnership concern (or XYZ company Ltd., a company incorporated under the Companies Act and having its registered office Abocseseseesseseeeeeese) .--Respondents May it please the Hon'ble Chief Justice of the High Court of. and his, Lordship's companion Justices, ‘The appellant-company MOST RESPECTFULLY SHOWETH: 1. That the appellant herein is a company duly registered under the provisions of the Companies Act and the registered office of the appellant is at..... engaged in and the company is the business of manufacturing. 2. That the respondents who are also doing business of selling goods manufactured by the appellants and other manufacturers approached the appellant for purchasing from the appellant- company the aforesaid manufactured goods. An agreement was reached between the parties which was reducing into writing. The appellant supplied goods worth Rs. 15 lacs over a period rr 40Drafting, Pleading and Conveyance of. months to the respondents. A statement of account regarding the goods so supplied is annexed hereto and marked as ANNEXURE A-1. 3. That the respondents have made a total payment of Rs. 6 lacs on different dates. ‘Thestatement of the said payments made by the respondents is appended and is marked as ANNEXURE A-2. 4, That the remaining amount has not been paid by the respondent despite repeated demands and issuance of a legal notice by the appellant through advocate. 5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs together with interest at the rate of 12% per annum and the cost of the suit. The suit was filed on... in the court of the learned District Judge. 6. That upon being summoned by the said court the respondents appeared through counsel and filed their written statement to which appellant-plaintiff also filed replication (rejoinder). 7. That the parties led evidence. After hearing the counsel for the parties the learned District Judge has by his judgement and decree passed on... dismissed the appellant's suit on the ground that the evidence led by the parties does not establish the claim of the appellant-plaintiff. Copies of the judgement and decree of the court below are annexed hereto and are marked as ANNEXURE A-3 AND A-4, respectively. Aggrieved by the aforesaid judgement and decree of the court below dismissing the suit of the plaintiff this appeal is hereby filed on the following, amongst other, GROUNDS A. That the judgement and decree under appeal are erroneous both on facts as well as law. B. That the learned trial court has failed to properly appreciate the evidence, and has fallen into error in not finding that the preponderance of probability was in favour of the plaintiff appellant. ies raised in the suit 's evidence, C. That there was sufficient evidence led by the plaintiff to prove the and the defendant-respondent has failed to effectively rebut the plainti moreparticularly the documentary evidence. 8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at Rs. and the requisite court fee in the form of stamps is appended to this memorandum of appeal. 9, That this appeal is being filed within the prescribed period of limitation, the judgement and decree under appeal having been passed on... «++ In the above facts and circumstances the appellant prays that this appeal be allowed, the judgement and decree under appeal be set aside and the decree prayed for by the appellant in his suit before the court below be passed together with up-to-date interest and costs of both courts. a1Drafting, Pleading and Conveyance APPELLANT VERIFICATION Verified at. on this, the. day of , 20. ‘That the contents of the above appeal are correct to the best of my knowledge and. belief... .-APPELLANT THROUGH ( a2Petition Under Article 32 & 226 of the Indian ConstitutionPetition Under Artick Drafting, Pleading and Conveyance 32 & 226 of the Indian Constitutior Article 32 :- Article 32 of Constitution of __India deals with Remedies for enforcement of rights conferred by this Part. I. Therightto move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this, Part is guaranteed. I The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, m: prohibition, quo __warranto and certior whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. III, Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). IV. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. 44Drafting, Pleading and Conveyance [Format of Petition Under Article 32] IN THE HONOURABLE SUPREME COURT OF INDIA, NEW DELHI (Original Criminal Jurisdiction) Writ Petition No, of 20 A aged about son of +, resident Petitioner; Versus 1, Additional Secretary, Ministry of Finance, Government of. 2 2. The Superintendent, Jail The State of. Respondents. PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA To ‘The Honourable the Chief Justice and his companion Judges of the Court aforesaid. The humble petition of the above named Petitioner most respectfully sheweth: 1. That the petitioner is a resident of . and he was living peacefully at his residence at the place aforesaid, 2. That on . Respondent No. | made an order under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he directed that the Petitioner shall be arrested and detained for a period of three months. A copy of the order is annexed herewith as Annexure A. 45Drafting, Pleading and Conveyance 3. That the Petitioner was arrested the same day and was detained in Jail. The grounds of detention were not supplied to the petitioner on that day. The grounds were actually supplied o1 A copy of the grounds supplied is annexed herewith as Annexure B. 4, That on . the Petitioner submitted a representation against his detention through Respondent No. 2 but the same was considered by the Advisory Board after one month and. was rejected on 5. That the grounds of detention supplied to the Petitioner were in English which language the Petitionerdoes not know. 6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction on the following: GROUNDS 1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Acti Act, 1974, is unconstitutional and void as it is beyond the legislative competence of Parliament. 2. Because the order has been passed by an officer not duly authorised. 3. Because the grounds were supplied afier undue delay, 4, Because the grounds are in English which language the Petitioner does not know and thi has prevented him from making an effective representation. 5. Because the grounds are irrelevant to the object of the Act. 6. Because the grounds are vague. 7. Because there was undue delay in the disposal of the representation submitted by the petitioner. Wherefore it is respectfully prayed that this Honourable Court may be pleased to issue a writ in the nature of Habeas Corpus to the opposite parties quashing the order of detention and directing that the Petitioner be set at liberty forthwith Date Advocate for the Petitioner. 46Drafting, Pleading and Conveyance 2. Article 226 Article 226 of Constitution of India deals with Power of to issue certain writs. Notwithstanding anything in article 32 every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including Iwritsin the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part IIT and for any other purpose.] The power conferred by clause (1) to issue directions, orders or writ to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. Where any party agai of injunction or stay or in any other manner, i proceedings relating to, a petition under clause. whom an interim order, whether by way made on, or in any The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32 a7Drafting, Pleading and Conveyance Format of Petition Under Article 226 IN THE HON’BLE HIGH COURT AT. (Original Civil Jurisdiction) of. 120 A Petitioner; Versus 1, State of 2. Drug Controller 3. Appellate Authority Respondents. ion under Article 226 of the Constitution for the issue of a writ of certiorari, To The Hon'ble the Chief Justice and his companion Judges of the Hon'ble High Court of Judicature. ‘The abovenamed Petitioner begs to submit as under : 1. That the Petitioner is a stockist and dealer in drugs and carries on his business in the name and style of at 2. That the Petitioner held a drug dealer’s licence No . dated and has been carrying on this business for the last six years. 3. That on the Petitioner received a notice from Respondent No. 2 to show cause why his licence should not be cancelled for selling substandard and spurious drugs. He was also required by the notice to produce his licence before Respondent No. 2. 4, That on. the Petitioner submitted his explanation to the show-cause notice rr 48Drafting, Pleading and Conveyance submitting that he did not sell any substandard or spurious drugs and that he sold only drugs in their original containers obtained from reputed drug manufacturers. He expressed his inability to produce the licence as the same had been submitted to the Civil Surgeon for renewal 5. That without giving proper consideration to the pleas raised by the Petitioner Respondent No. 2 passed an order dated cancelling the Petitioner’s licence. 6. That, thereupon, the petitioner preferred an appeal against the order of Respondent No. 2 to Respondent No. 3. 7. That by order dated Respondent No. 3 dismissed the appeal. 8. That the Petitioner has no other remedy but to approach this Hon’ble Court. 9. That the orders of Respondents No. 2 and No. 3 are void and illegal for the following amongst other— REASONS (i) Because the orders of respondents Nos. 2 and 3 are vitiated as they have acted in violation of the principles of natural justice. (ii) Because both respondents Nos. 2 and 3 have placed great reliance on the report of the Central Drugs Laboratory dated which report was never disclosed to the Petitioner and which the Petitioner was not given any opportunity to meet. (iii) Because the authorities have been influenced by the failure of the Petitioner to produce the licence but have themselves failed to consider the Petitioner's explanation that the licence had been submitted to the Civil Surgeon for renewal. (iv) Because respondents Nos. 2 and 3 have not applied their minds to the facts and circumstances of the case. (v) Because the impugned orders violate the fundamental right of the Petitioner to carry on his trade and business guaranteed by Article 19(1)(g) of the Constitution, Itis, therefore, most respectfully prayed that a wrt, direction or order in the nature of certiorari be issued quashing the order of Respondent No. 2 dated and the order of Respondent No. 3 dated (Petitioner.) Dated. 49Drafting, Pleading and Conveyance PIL PetitionDrafting, Pleading and Conveyance « PIL Petition Public Interest Litigation is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial magistrate. It was felt that their interests are undermined by the government.In such a situation, the court directly accepts the public good. It is a new legal horizon in which court of law can initiate and enforce action to serve and secure significant Public Interest. Importance of PIL: 1) Public interest litigation gives a wider description to the right to equality, life and personality which is guaranteed under part IIL of the Constitution of India. 2) Ithas introduced some kinds of reliefs or remedies under the writ jurisdiction. 3) Italso functions as an effective instrument for changes in the society or social welfare. 4) Through public interest litigation, any public or person can seek remedy on behalf of the oppressed class by introducing a PIL. 51Drafting, Pleading and Conveyance Format of PIL Petition SPECIMEN OF A WRIT PETITION FOR PUBLIC INTEREST LITIGATION Appellate Side €.0./C.R. No. - (W) of In the matter of:An application under Article 226 of the Constitution of India And In the matter of:Articles 14, 21, 48A and 51A (g) of the Constitution of India And In the matter of: T.N.. Municipal corporation Act ... And In the matter of:The Environment Protection Act 1986 And In the matter of:T.N. Town and Country (Planning and Development) Act .... And In the matter of:Illegal attempt by Respondents (1) & (2) for constructing a Cinema building by demolishing one large water-body located in the in breach of draft outline/Development Plan for concerned area. And resident Petitioner rr 52Drafting, Pleading and Conveyance versus 1. company incorporated under the Companies Act 1956 with its registered office at. Managing partner for Cinema, a partnership firm having its office 3. The Commissioner.......Municipality. with its office at 4. State of T.N., Department or Urban Development .. through its Secretary having its office at .. Respondent To, Hon'ble Mr. .. The Chief Justice and His Companion Justices of the said Hon'ble Court Petitioner above-named respectfully shewoth: 1. The petitioner and Indian citizen and President of. incorporated Association of persons formed o1 . by important citizens of. in its general meeting held at... er alias, of protecting the ecology and environment of the country with special reference, preserving national heritage buildings and architectures ... as welll as for upholding the Constitutional /Legal Rights of Indian Citizens, specially persons of economically weaker section of society and residing within the municipal area of... The petitioner begs leave to refer to and rely on the aims and objects of the said the time of hearing, if compulsory. at 2. The petitioner being Ecologist with specialized knowledge in ecology and environment. 3. The instant application is being instituted by petitioner for and on behalf of the and representing the weaker sections of society residing within the municipal area of. seeking writ/order/instruction per mandamus on the Respondents Nos. 1 and 2 ordering them to desist from altering or destroying the environment/ecological balance of land concerning a large water-body located in... under the jurisdiction of the... for purpose of building a cinema building atthe instance of Respondent No. 2 to be financed by the Respondent No. | or for any other purpose which might cause any such destruction of ecology and environment. 4. The petitioner submits if such constructions, is made would cause destruction to ecology/environment of municipal area and specially the south western part of the town, but it will also against draft outline of Development Plan of the Greater Coimbatore prepared for the. under the .. and the said plan restricts inter alia, filling up of any water-body covering an area beyond 200 sq. m. the petitioner begs leave to refer to a copy of, thesaiddraftplan,atthetimeofhearing. 53