CONTENTS

DRAFTING OF PLEADING AND CONVEYANCING
 

- General Principles of Drafting and Relevant Rules
 

CIVIL

-     Plaint

-     Written Statements

-     Interlocutory Applications

-     Original Petition

-     Affidavit

-     Execution Petition

-     Memorandum of Appeal and Revision

-     Petition under Art. 226 and Art. 32 of the Constitution of India
 

CRIMINAL

-     Complaint

-     Criminal Miscellaneous Petition

-     Bail Application

-     Memorandum of Appeal and Revision
 

CONVEYANCING

-     Essentials of a Deed

-     Sale Deed

-     Mortgage Deed

-     Lease Deed

-     Gift Deed

-     Promissory Note

-     Power of Attorney

-     Will

-     Agreements

CIVIL- PLEADING - PLAINT

PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars.

PLAINT:

PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars.
a) The name of the court in which the suit is brought; for ex.
"in the court of District Judge al N. Delhi" when the suit is to be filed before the district judge,
The number, of the suit has to be noted in the following line titled "suit No- of 2009".
b) Next to the heading the name, description and place of residence of the plaintiff,
c) The name, description and place of residence of the defendant, so far as they can be ascertained;
d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect,
e) The facts constituting the cause of action and when it arose,;
f) The facts showing that the court has jurisdiction;
g) The relief which the plaintiff claims;
h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount 50 allowed or relinquished, and
(i) A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court- fees, so far as the case admits.

Plaint Structure
Name of the court in which the suit is filed indicated at the top of the first page.
Just below the name of the court, a space should left for the number of the suit.
Therefore the names of the parties to the suit with all necessary particulars should be given. For ex.:

(1) Substantive parts of the plaint consist of the portion of the plaint in which a statement of all facts constituting the cause of action for the suit has to be stated. Those facts shall consist of such particulars as are necessary to state to obtain "the relied in the suit. The plaintiff seeking relief for district claims or causes of action founded upon separate and district grounds shall state all of them distinctly and separately as far as possible.

(2) Formal part of the plaint shall state the following essential particulars:
(i) date when the cause of action arose, 
Statement showing that the court has jurisdiction;
Statement of the value of the suit for the purpose of jurisdiction and court fees and it should be stated that the necessary count fee has been affixed/paid.
When a suit is filed after the expiry the period of limitation a statement showing the ground or grounds on which he has claimed exemption from limitation.
Every relief sought for by the plaintiff should be accurately worded. The plaintiff can claim more then one relief, in the suit. He can seek reliefs alternatively. If the plaintiff can seek more than one relief on the same cause of action he must seek all. If he omits to seek a relief in the suit his subsequent suit for such relief omitted would be barred under order 2. Rule 2 CPC unless he has obtained leave in the earlier suit to file a fresh suit on the said relief omitted.
Signature of the plaintiff along with the signature of the advocate.
At the foot of the pleading, the plaintiff should /or anyone else, who is acquainted with the facts of the case, should make verification.
Affidavit should also be enclosed with plaint as provided under CPC order 6 Rule 15 (4).
All documents on which the plaintiff relies for his claim should be enclosed with a separate Iist of documents according to order 7 Rule 14 (1) CPC 1908.

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