Drafting Pleading and Conveyancing

Formats

MOD – 2
I. Suit for Part-Performance of Contract Format
(Governed by Transfer of Property Act, 1882)
IN THE COURT OF __________
Civil Suit No. ___ of 20__
A.B.
S/o __________
R/o __________
… Plaintiff
Versus
C.D.
S/o __________
R/o __________
… Defendant
PLAINT UNDER SECTION 53A OF THE TRANSFER OF PROPERTY
ACT, 1882 FOR PROTECTION OF POSSESSION AND PERMANENT
INJUNCTION
The Plaintiff most respectfully submits as under:

I. FACTS OF THE CASE

1. That the Defendant entered into an Agreement to Sell dated ______ with the Plaintiff in
respect of property bearing No. ______ situated at ______ (hereinafter referred to as the “suit
property”).

2. That the total sale consideration was fixed at Rs. ______, out of which Rs. ______ has
been paid by the Plaintiff to the Defendant.

3. That in part-performance of the said agreement, the Defendant delivered possession of the
suit property to the Plaintiff on ______.
4. That the Plaintiff has always been ready and willing to perform his part of the contract.

5. That the Plaintiff has performed acts in furtherance of the contract, such as:

• Payment of consideration

• Improvement/possession of property
• Payment of taxes/utilities

II. BREACH BY DEFENDANT

6. That despite repeated requests, the Defendant has failed and refused to execute the Sale
Deed.
7. That the Defendant is now attempting to dispossess the Plaintiff illegally from the suit
property.

III. CAUSE OF ACTION

8. That the cause of action arose on ______ when the Defendant refused to perform the
contract and continues to subsist.

IV. JURISDICTION
9. That this Hon’ble Court has jurisdiction as the suit property is situated within its territorial
limits and the cause of action arose here.

V. VALUATION
10. That the suit is valued at Rs. ______ for the purposes of court fee and jurisdiction.

VI. LEGAL GROUNDS

11. That under Section 53A of the Transfer of Property Act, 1882, the Plaintiff is entitled to
protect his possession as:

• There exists a valid written contract

• Consideration has been paid

• Possession has been delivered

• Plaintiff is ready and willing to perform

12. That the Defendant is estopped from disturbing possession due to the doctrine of part-
performance.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Pass a decree of permanent injunction restraining the Defendant from dispossessing the
Plaintiff from the suit property;
b) Protect the possession of the Plaintiff under Section 53A of the Transfer of Property Act,
1882;

c) In the alternative, direct execution of Sale Deed (if combined with specific performance);

d) Award costs of the suit;

e) Pass any other order deemed fit in the interest of justice.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, ________, the Plaintiff above named, do hereby verify that the contents of the above plaint
are true and correct to my knowledge and belief.

Verified at ______ on this ___ day of ____, 20.

Date:

Place: Plaintiff
(Signature)
Through counsel

Advocate name & signature

AFFIDAVIT

I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as

under: -

1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.
3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent
VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

II. Suit for Specific Performance of Contract Format

(Governed by Specific Relief Act, 1963)
IN THE COURT OF __________
Civil Suit No. ___
A.B.
S/o __________
R/o __________
… Plaintiff
Versus
C.D.
S/o __________
R/o __________
… Defendant

PLAINT UNDER THE Specific Relief Act, 1963 FOR SPECIFIC PERFORMANCE OF
CONTRACT

The abovenamed plaintiff most respectfully submits as under: —

1. On the.................... day of.................... 25..................... the plaintiff and the defendant

entered into an agreement, in writing, and the original document is hereto annexed. The
defendant was absolutely entitled to the immovable property described in the agreement.

2. On the.................... day of.................... 25..................... the plaintiff tendered....................

rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument.

3. On the.................... day of.................... 25..................... the plaintiff again demanded such

transfer, (or the defendant refused to transfer the same to the plaintiff).
4. The defendant has not executed any instrument of transfer.

5. The plaintiff is still ready and willing to pay the purchase-money of the said property to the
defendant.

6. Cause of action arose on.................... 25.................... when the defendant refused to transfer
the property to the plaintiff, and this Court has jurisdiction to try the suit.

7. The suit is valued at Rs..................... the agreed consideration of the transfer aforesaid.

PRAYER

(1) that the defendant to transfer the said property to the plaintiff by a sufficient instrument
(following the terms of the agreement);

(2) .................... rupees compensation for withholding the same.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

VERIFICATION

I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to....................
of the plaint are true to my personal knowledge and those of paras.................... and....................
thereof are based on legal advice which I believe to be true.

Verified on this................. day of.................... 25.................... at....................

Date:
Place: Plaintiff
(Signature)
Through counsel

Advocate name & signature

AFFIDAVIT
I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as
under: -
1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.

3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

III. Suit for Recovery of Money Format

IN THE COURT OF __________
Civil Suit No. ___
A.B.
S/o __________
R/o __________
… Plaintiff
Versus
C.D.
S/o __________
R/o __________
… Defendant
SUIT FOR RECOVERY OF RS. ______ UNDER ORDER XXXVII OF
CODE OF CIVIL PROCEDURE, 1908
The Plaintiff most respectfully submits as under:

1. That the plaintiff advanced a friendly loan of Rs________ to defendant for the purpose of
the marriage of the daughter of the defendant.

2. That the loan was interest free and was repayable 6 months after the

solemnization of the marriage.

3. That the marriage of the daughter was duly performed in March 2022

& around Nov 2022 the plaintiff requested defendant to repay the loan as promised.
4. That the defendant sought more time for the repayment of the loan which was granted by
the plaintiff.
5. That again around Feb 2023, the plaintiff requested the defendant for the repayment of the
loan but the defendant again requested for more time for the repayment of the loan.

6. That thereafter on many occasions the plaintiff asked the defendant for repayment of the
loan amount but the defendant avoided the same on one pretext or the other.

7. That compellingly the plaintiff got issued a legal notice through the council to the
defendant asking upon the defendant to make the repayment within 15 days of the receipt of
the notice and failing to which the plaintiff would be constrained to take appropriate legal
steps as may be advised.

8. That despite the service of the legal notice the defendant did not made repayment of the
loan amount as specified in the legal notice

9. That the plaintiff is entitled for loan amount of Rs_________which defendant has failed to
repay despite several request.
10. That the Cause of Action for purpose of the present suit arose firstly when the loan
amount was given by plaintiff to defendant. It further arose on various dates when demands
were made on defendant to repay the loan & it lastly arose when despite the service of legal
notice, the defendant failed to make the repayment of loan amount.

11. That the plaintiff well as the defendant reside & voluntarily work for gain within the local
limits of this report, the loan was advanced within local limits of this conjugal court &
therefore this court has got territorial jurisdiction to try & entertain the present suit.

12. That the value of the suit for purpose of court fee is fixed at Rs________ which is within
the pecuniary limits of this honourable court & on which the court fee has been paid.

13. That the suit of the plaintiff is within the limitation & there is no legal impediment for the
grant of relief to the plaintiff by this honourable court.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased
to:
(a) Pass a decree for recovery of Rs. ______ in favour of the Plaintiff and
against the Defendant;
(b) Award costs of the suit;
(c) Pass any other order deemed fit in the interest of justice.
Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the plaintiff above named, do hereby verify that the contents of
paragraphs 1 to ___ are true to my personal knowledge and paragraphs ___ to
___ are based on information believed to be true.
Verified at __________ on this ___ day of ________, 20.
Date:

Place: Plaintiff
(Signature)

Through counsel
Advocate name & signature

AFFIDAVIT
I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as
under: -
1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.

3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.
 Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Plaintiff
(Signature)

Through counsel
Advocate name & signature

IV. Suit for Damages Format

IN THE COURT OF __________
Civil Suit No. ___
A.B.
S/o __________
R/o __________
… Plaintiff
Versus
C.D.
S/o __________
R/o __________
… Defendant
SUIT FOR DAMAGES/COMPENSATION OF RS. _____
The Plaintiff most respectfully submits as under:

1. That the Plaintiff is ______ residing at ______.

2. That the Defendant is ______ residing at ______.

3. That on ______, the Defendant committed a wrongful act / breach of contract by

__________________.
4. That the said act of the Defendant was illegal, negligent, and in violation of the rights
of the Plaintiff
 5. That due to the aforesaid wrongful act, the Plaintiff suffered the following losses:

• Financial loss: Rs. ______

• Mental agony / inconvenience: Rs. ______
• Other damages: Rs. ______
6. That the total loss suffered by the Plaintiff is quantified at Rs. ______.

7. That the Defendant is legally liable to compensate the Plaintiff for the damages
caused due to his wrongful act / breach.

8. That the cause of action arose on ______ when the Defendant committed the
wrongful act and continues to subsist.
9. That this Hon’ble Court has jurisdiction to entertain and try this suit as the cause of
action arose within its territorial limits and/or the Defendant resides within
jurisdiction.
10. That the value of the suit for purpose of court fee is fixed at Rs________ which is
within the pecuniary limits of this honourable court & on which the court fee has been
paid.
11. That the present suit is within limitation as per the Limitation Act, 1963.
12. That the Defendant is liable under the law of torts / breach of contract principles.
13. That the Plaintiff is entitled to compensation for damages suffered due to the
Defendant’s wrongful act.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
(a) Pass a decree directing the Defendant to pay damages of Rs. ______ to the Plaintiff;

(b) Award interest @ ___% per annum (if applicable);

(c) Award costs of the suit;

(d) Pass any other order deemed fit in the interest of justice.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the plaintiff above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 26.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -

1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.

3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:
Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

V. Suit for Restitution of Conjugal Rights Format

(Under Hindu Marriage Act, 1955)
 IN THE FAMILY COURT OF __________
Petition No. ___
A.B.
S/o __________
R/o __________
… Petitioner
Versus
C.D.
W/o __________
R/o __________
… Respondent
PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT,
1955 FOR RESTITUTION OF CONJUGAL RIGHTS
The Petitioner most respectfully submits as under:
1. That the marriage between the Petitioner and the Respondent was solemnized on
______ at ______ according to Hindu rites and ceremonies.
2. That after the marriage, the parties lived together as husband and wife at ______.
3. That the parties are Hindus and are governed by the provisions of the Hindu Marriage
Act, 1955.
4. That the Respondent has withdrawn from the society of the Petitioner without any
reasonable cause since ______.
5. That the Petitioner made several efforts to bring the Respondent back, including
______, but all efforts failed.
6. That the withdrawal of the Respondent from the society of the Petitioner is without
reasonable excuse and is unlawful.
7. That the cause of action arose on ______ when the Respondent withdrew from the
society of the Petitioner and continues to subsist.
8. That this Hon'ble Court has jurisdiction as:
• The marriage was solemnized within jurisdiction, and/or
• The parties last resided together within jurisdiction, and/or
• The Petitioner resides within jurisdiction
9. That there is no collusion between the parties in filing this petition.
10. That no other petition regarding this marriage is pending before any court.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Pass a decree for restitution of conjugal rights, directing the Respondent to resume
cohabitation with the Petitioner;

(b) Pass any other order deemed fit in the interest of justice.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the petitioner above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 20.

Date:
Place: Petitioner
(Signature)

Through counsel
Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -

1. That the deponent is the Petitioner in the abovementioned case, filing the present petition
hence, competent to sign this affidavit.

2. That the content of the accompanying petition is drafted by the counsel of the petitioner
and all the legal averments are true and correct to the belief of the petitioner which is based
on legal advice rendered and believed to be correct.

3. That the petitioner has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:
Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

VI. Maintenance Suit by Wife format

(Under Hindu Adoption and Maintenance Act, 1956 or relevant law)
IN THE FAMILY COURT OF __________
Petition No. ___
A.B.
W/o __________
R/o __________
… Petitioner
Versus
C.D.
S/o __________
R/o __________
… Respondent
PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL
PROCEDURE, 1973 FOR GRANT OF MAINTENANCE
The Petitioner most respectfully submits as under:

1. That the marriage between the Petitioner and the Respondent was solemnized on
______ at ______ according to ______ rites and ceremonies.
2. That the Petitioner is the legally wedded wife of the Respondent.
3. That the Respondent has neglected and refused to maintain the Petitioner since
______ without any sufficient cause.
4. That the Petitioner is unable to maintain herself and has no independent source of
income sufficient for her livelihood.
5. That the Respondent is financially well-off and earns approximately Rs. ______ per
month from ______ (job/business/other sources).
 6. That the cause of action arose on ______ when the Respondent refused to maintain
the Petitioner and continues to subsist.
7. That this Hon’ble Court has jurisdiction as:
• The Petitioner resides within jurisdiction, and/or
• The Respondent resides within jurisdiction, and/or
• The parties last resided together within jurisdiction
8. That under Section 125 of the Code of Criminal Procedure, 1973, the Respondent is
legally bound to maintain his wife who is unable to maintain herself.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Direct the Respondent to pay monthly maintenance of Rs. ______ to the Petitioner;

(b) Grant interim maintenance during the pendency of the petition;

(c) Award litigation expenses;

(d) Pass any other order deemed fit in the interest of justice.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the petitioner above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 20.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as
under: -

1. That the deponent is the Petitioner in the abovementioned case, filing the present petition
hence, competent to sign this affidavit.

2. That the content of the accompanying petition is drafted by the counsel of the petitioner
and all the legal averments are true and correct to the belief of the petitioner which is based
on legal advice rendered and believed to be correct.
3. That the petitioner has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

VII. Application for Divorce under Section 13 Format

(Under Hindu Marriage Act, 1955)
IN THE FAMILY COURT OF __________
Petition No. ___
A.B.
W/o __________
R/o __________
… Petitioner
Versus
C.D.
S/o __________
R/o __________
 … Respondent
PETITON FOR DISSOLUTION OF MARRIAGE ON THE GROUND OF
CRULTY UNDER SECTION 13 (1A) OF THE HINDU MARRAGE ACT
1955
The petitioner respectfully submits as under:

1. That the marriage of the petitioner with respondent was solemnized as per hindu
rights and ceremony on 23rd of February 2024 at Delhi and an affidavit to this effect
is filed.

2. That the status and place of residence of the parties to this marriage before the
marriage and at the time of filing of the petition are as follows:

S. no. HUSBAND WIFE

Status Age Place of Status Age Place of

residence residence

1. Before marriage

2. After filing for

petition

3. That no child was born out of the marriage.

4. That the behavior of the respondent was very cruel towards the petitioner from the
very beginning of the matrimonial relationship in as much as the respondent did not
allow the petitioner to consummate the marriage and avoided the same on flimsy and
untrainable grounds.

5. That the misbehaviors of the respondent towards the petitioner and towards the family
members of the petitioner including old parents of the petitioner started since the very
beginning and the respondent used abusive and foul language against the old parents
and one unmarried sister of the petitioner.

6. That the respondent avoided the company of the petitioner and maintained an
indifferent attitude towards the petitioner since the very beginning of the matrimonial
relationship.
7. That the respondent left the matrimonial home on 15th July 2024 for her parental
home and stayed most of the time at her parental home on one pretext or the other and
her total stay at the matrimonial home was not more than 5 months in total.
 8. That the respondent made repeated efforts to bring back the petitioner, but petitioner
refused to come to the matrimonial home and despite the intervention of the mediators
who have arranged the marriage the respondent did not join the company of the
petitioner at the matrimonial home.
9. That the petitioner visited the residence of the parents of the respondent to bring her
back to the matrimonial home, but the respondent created a scene at her parental
home and refused to join the company of the petitioner and also threatened that the
petitioner would be involved in criminal cases of dowry demand etc.

10. That all efforts on the part of the petitioner to bring back the respondent have failed
despite genuine and bonafide intention of the petitioner to bring the respondent back
and the respondent had left the matrimonial home of her own without any justification
and any cause for the same.
11. That the conduct of the respondent maltreating the petitioner is willful and
unjustifiable and it has caused mental depression as a torture to the petitioner.
12. That the respondent has always behaved like an arrogant woman and treated all the
family members of the petitioner including the old parents of the petitioner very badly
and not on equal terms.

13. That the petitioner has not condoned the cruel acts of the respondent and the cruelty
of the respondent still continues as on date.

14. That the present petition has not been filed by the petitioner in collusion with the
respondent.

15. That no petition has been pending between the parties to the marriage as on date in
any court except the present petition.
16. That the marriage between the petitioner and respondent was solemnized at Delhi at a
banquet hall in Rohini and as such the courts at Delhi have jurisdiction try and
adjudicate upon the instant petition.

PRAYER
It is therefore respectfully prayed as under:

1. That the marriage between the petitioner and respondent may be dissolved by a
decree of divorce on ground of cruelty under section 13 (1A) of the Hindu
Marriage Act, 1955.

2. Any other relief with this court may deem fit and proper under the circumstances
of the case may also be granted in favor of the petitioner and against the
respondent.

Date:
Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the petitioner above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 20.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as
under: -

1. That the deponent is the Petitioner in the abovementioned case, filing the present petition
hence, competent to sign this affidavit.

2. That the content of the accompanying petition is drafted by the counsel of the petitioner
and all the legal averments are true and correct to the belief of the petitioner which is based
on legal advice rendered and believed to be correct.

3. That the petitioner has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Petitioner
(Signature)
 Through counsel

Advocate name & signature

VIII. Suit for Recovery of Rent / Eviction of Tenant Format

IN THE COURT OF __________
Civil Suit No. ___ of 20__
A.B.
S/o __________
R/o __________
… Plaintiff (Landlord)
Versus
C.D.
S/o __________
R/o __________
… Defendant (Tenant)
PLAINT FOR RECOVERY OF ARREARS OF RENT AND EVICTION
UNDER THE CODE OF CIVIL PROCEDURE, 1908
The Plaintiff most respectfully submits as under:

1. That the Plaintiff is the lawful owner/landlord of property bearing No. ______
situated at ______ (hereinafter referred to as the “suit property”).

2. That the Defendant is a tenant under the Plaintiff.

3. That the Defendant was inducted as a tenant on ______ at a monthly rent of Rs.
______.

4. That the tenancy is ______ (oral/written agreement dated ______).

5. That the Defendant has failed to pay rent from ______ to ______.

6. That the total arrears of rent amount to Rs. ______.

7. That the Plaintiff terminated the tenancy by serving a legal notice dated ______ under
Section 106 of the Transfer of Property Act, 1882.

8. That despite service of notice, the Defendant has neither paid rent nor vacated the
premises.
 9. That after termination of tenancy, the Defendant is in unauthorized and illegal
possession of the suit property.

10. That the cause of action arose on ______ when the Defendant defaulted in payment of
rent and continues to subsist.

11. That this Hon’ble Court has territorial and pecuniary jurisdiction as the suit property
is situated within its jurisdiction.

12. That the present suit is within limitation as per the Limitation Act, 1963.

13. That the value of the suit for purpose of court fee is fixed at Rs________ which is
within the pecuniary limits of this honourable court & on which the court fee has been
paid.
14. That the Plaintiff is entitled to:

• Arrears of Rent: Rs. ______

• Mesne Profits / Damages: Rs. ______

• Total Amount: Rs. ______

15. That the Defendant is liable for eviction due to default in payment of rent.

16. That the Plaintiff is entitled to recover possession and arrears under applicable
tenancy laws and general principles of law.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Pass a decree for eviction of the Defendant from the suit property;

(b) Direct the Defendant to hand over vacant and peaceful possession to the Plaintiff;
(c) Pass a decree for recovery of arrears of rent of Rs. ______;

(d) Award mesne profits/damages till delivery of possession;

(e) Award costs of the suit;

(f) Pass any other order deemed fit in the interest of justice.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the plaintiff above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 20.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -

1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.

3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:
Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

IX. Interpleader Suit Format

(Under Code of Civil Procedure, 1908)
IN THE COURT OF __________
Civil Suit No. ___
A
S/o __________
R/o __________
… Plaintiff
Versus
B
S/o __________
R/o __________
…..Defendant
C
S/o __________
R/o __________
… Defendant
PLAINT U/S 88 OF THE CODE OF CIVIL PROCEDURE, 1908
The Plaintiff most respectfully submits as under:

1. That the neighbour of the plaintiff handed over A jewellery box to the plaintiff as plaintiff
was having very good relationship with the neighbour (since deceased). The neighbour gave
the instructions that the jewellery box must be kept in safe custody of plaintiff and the
valuables within the jewellery box must be adequately looked after as they were precious
family jewellery.

2. That unfortunately the neighbour of the plaintiff died in Dec 2024 leaving behind 2 sons,
defendant No 1, & 2.

3. That after completing the rituals and other things pertaining to the unfortunate demise of
the neighbour, the plaintiff contacted the 2 legal heirs of the neighbour and offered to hand
over the jewellery box to the legal heirs.

4. That to the surprise of the plaintiff all the legal heirs claimed exclusive rights over the
jewellery box to the exclusion of others and insisted the plaintiff to hand over the box to that
person alone and nobody else.
5. That the plaintiff has got no claim over the jewellery box and is ready and willing to hand
over the same to the appropriate person to whom the court adjudicates as at present the
plaintiff is entirely confused as to the respective rights of the defendants.

6. That the plaintiff is not claiming any right, title or interest over the jewellery box except
the nominal charges for keeping the jewellery box safely.

7. That the plaintiff as well as all the defendants’ rights are within the territorial limits of this
court and was handed over within the local limits of this honourable court and therefore this
court has got territorial jurisdiction to try and entertain the present suit.

8. That the value of the suit for the purposes of court fee is within the pecuniary limits of this
court and therefore this court has got pecuniary jurisdiction to try this suit

9. That the suit is within limitation and there is no legal impediment for grant of relief to the
plaintiff by this honourable court.

10. That the cause of action for the purpose of this suit arose when the jewellery box was
handed over by the father of the defendants to the plaintiff and it further arose at the death of
the father of the defendants and the same still continues.

PRAYER
(a) Restrain the defendants to jointly as well as severely by injunction from taking any action
or initiating any proceeding against plaintiff with respect to the subject matter of present suit.

(b) That some person be appointed and authorized to receive the said jewellery box bending
the present litigation on behalf of the court.

(c) Discharge the Plaintiff from all liability in respect of the subject matter

(d) Direct the Defendants to interplead and settle their claims between themselves

(e) That the present suit has not been brought by the plaintiff in conclusion by either of the
defendant.

(f) That the cost of the suit along with expenses be granted in favour of the plaintiff.

7. That the court may pass such other or further order which court considers fit and proper in
the facts and circumstances of the case expand in the interest of justice.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

 VERIFICATION
I, A., the plaintiff above named, do hereby verify that the contents of paragraphs 1 to ___ are
true to my personal knowledge and paragraphs ___ to ___ are based on information believed
to be true.

Verified at __________ on this ___ day of ________, 20.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -
1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.

3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.
Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

X. Suit for Malicious Prosecution Format
IN THE COURT OF __________
Civil Suit No. ___
A.B.
S/o __________
R/o __________
… Plaintiff
Versus
C.D.
S/o __________
R/o __________
… Defendant
PLAINT FOR DAMAGES FOR MALICIOUS PROSECUTION
The Plaintiff most respectfully submits as under:

1. That the Plaintiff is ______ residing at ______.

2. That the Defendant is ______ residing at ______.

3. That on ______, the Defendant maliciously and without reasonable and probable
cause instituted criminal proceedings against the Plaintiff by filing a complaint/FIR
under ______.

4. That the said proceedings were false, frivolous, and baseless.

5. That the said criminal proceedings terminated in favour of the Plaintiff on ______ by
way of acquittal/discharge.

6. That the Defendant acted with malice and without reasonable and probable cause,
solely with the intention to harass and defame the Plaintiff.

7. That due to the wrongful prosecution, the Plaintiff suffered:

• Loss of reputation
• Mental agony and harassment

• Financial loss including legal expenses

8. That the total damages suffered by the Plaintiff are quantified at Rs. ______.

9. That the cause of action arose on ______ when the criminal proceedings terminated in
favour of the Plaintiff and continues to subsist.
 10. That this Hon’ble Court has jurisdiction as the cause of action arose within its
territorial limits.

11. That the present suit is within limitation as per the Limitation Act, 1963.

12. That the value of the suit for purpose of court fee is fixed at Rs________ which is
within the pecuniary limits of this honourable court & on which the court fee has been
paid.

13. That the Defendant is liable for damages for malicious prosecution as:

• The prosecution was instituted by the Defendant

• It ended in favour of the Plaintiff

• It was without reasonable and probable cause

• It was malicious

• It caused damage to the Plaintiff

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Pass a decree directing the Defendant to pay damages of Rs. ______ to the Plaintiff;

b) Award interest @ ___% per annum from ______ till realization;

c) Award costs of the suit;

d) Pass any other order deemed fit in the interest of justice.

Date:

Place: Plaintiff
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the plaintiff above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 20.

Date:
Place: Plaintiff
(Signature)
 Through counsel

Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -

1. That the deponent is the Plaintiff in the abovementioned case, filing the present plaint
hence, competent to sign this affidavit.

2. That the content of the accompanying plaint is drafted by the counsel of the plaintiff and
all the legal averments are true and correct to the belief of the plaintiff which is based on
legal advice rendered and believed to be correct.

3. That the plaintiff has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Plaintiff
(Signature)

Through counsel
Advocate name & signature

XI. Complaint under Section 138 Negotiable Instruments Act Format

(Under Negotiable Instruments Act, 1881)
IN THE COURT OF __________
Complaint Case No. ___
A.B. (Complainant)
S/o __________
R/o __________

… Complainant
 Versus
C.D.
S/o __________
R/o __________

… Accused
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881
The Complainant most respectfully submits as under:

1. That the Accused issued a cheque bearing No. ______ dated ______ for a sum of Rs.
______ drawn on ______ Bank in favour of the Complainant towards discharge of a
legally enforceable debt/liability.

2. That the said cheque was presented by the Complainant within its validity period.

3. That the cheque was dishonoured on ______ with the remarks “________” (e.g.,
insufficient funds), as per the return memo issued by the bank.

4. That the Complainant issued a legal demand notice dated ______ to the Accused
within 30 days of receipt of information regarding dishonour of the cheque.

5. That despite receipt of the said notice, the Accused failed to make payment within 15
days.

6. That the cause of action arose on ______ upon expiry of 15 days from the date of
receipt of notice by the Accused.

7. That the present complaint is filed within one month from the date of accrual of cause
of action and is within limitation.

8. That this Hon’ble Court has jurisdiction as the cheque was presented/dishonoured
within its territorial jurisdiction.

9. That the Accused has committed an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Take cognizance of the offence under Section 138 of the Negotiable Instruments Act,
1881;

(b) Summon and try the Accused in accordance with law;

(c) Convict and punish the Accused in accordance with law;
(d) Direct the Accused to pay the cheque amount along with compensation to the
Complainant;

(e) Pass any other order deemed fit in the interest of justice.

Date:

Place:

Complainant
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the Complainant above named, do hereby verify that the contents of the complaint are
true and correct to my knowledge and belief.

Verified at ______ on this ___ day of ____, 20.

Date:

Place:

Complainant
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -

1. That the deponent is the Complainant in the abovementioned case, filing the present
complaint hence, competent to sign this affidavit.
2. That the content of the accompanying complaint is drafted by the counsel of the
complainant and all the legal averments are true and correct to the belief of the complainant
which is based on legal advice rendered and believed to be correct.

3. That the complainant has gone through and understood the contents of the same, and says
that the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:
Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.
Date:

Place:

Complainant
(Signature)

Through counsel

Advocate name & signature

XII. First Appeal Format

(Under Code of Civil Procedure, 1908)
IN THE COURT OF __________
First Appeal No. ___
A A.B.
S/o __________
R/o __________
… Appellant
Versus
C.D.
S/o __________
R/o __________
… Respondent
MEMORANDUM OF APPEAL UNDER SECTION 96 OF THE CODE OF
CIVIL PROCEDURE, 1908
The Appellant most respectfully submits as under:

1. That the present appeal is directed against the judgment and decree dated ______
passed by the Court of ______ in Civil Suit No. ______.

2. That the brief facts of the case are as follows:-

a)

b)
c)
3. Grounds Of Appeal
 The impugned judgment and decree are bad in law and liable to be set aside on the
following grounds:

a) That the learned Trial Court has erred in law and on facts in passing the impugned
judgment;

b) That the findings of the Trial Court are contrary to the evidence on record;

c) That the Trial Court failed to properly appreciate the evidence;

d) That the judgment is based on inferences and assumptions;

e) That the impugned judgment has resulted in miscarriage of justice;

f) That the Trial Court has misapplied the provisions of law applicable to the case;
g) Any other ground that may be urged at the time of hearing.

4. That the present appeal is within limitation as prescribed under the Limitation Act,
1963.
5. That this Hon’ble Court has jurisdiction to entertain and decide the present appeal.

6. That the value of the appeal for purpose of court fee is fixed at Rs________ which is
within the pecuniary limits of this honourable court & on which the court fee has been
paid.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Set aside the judgment and decree dated ______ passed by the Trial Court;

b) Allow the present appeal and grant relief as prayed in the suit;

c) Grant stay of execution of the impugned decree (if applicable);

d) Award costs of the appeal;

e) Pass any other order deemed fit in the interest of justice.

Date:

Place:
Appellant
(Signature)

Through counsel
Advocate name & signature
 VERIFICATION
I, A.B., the Appellant above named, do hereby verify that the contents of this Memorandum
of Appeal are true and correct to my knowledge and belief.

Verified at ______ on this ___ day of ____, 20.

Date:

Place:

Appellant
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, S/O______, R/O______ do hereby solemnly affirm and declare as under: -
1. That the deponent is the Appellant in the abovementioned case, filing the present appeal
hence, competent to sign this affidavit.
2. That the content of the accompanying appeal is drafted by the counsel of the appellant and
all the legal averments are true and correct to the belief of the appellant which is based on
legal advice rendered and believed to be correct.

3. That the appellant has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:
Place:

Appellant
(Signature)
Through counsel

Advocate name & signature

XIII. Execution Petition Format
IN THE COURT OF __________
Execution Petition No. ___
In Civil Suit No. ____
A.B.
S/o __________
R/o __________

… Decree Holder
Versus
C.D.
S/o __________
R/o __________

… Judgment Debtor
EXECUTION PETITION UNDER ORDER XXI OF THE CODE OF
CIVIL PROCEDURE, 1908
The Decree Holder most respectfully submits as under:

1. That the decree was passed by this Hon’ble Court on ______ in Civil Suit No. ______
in favour of the Decree Holder and against the Judgment Debtor.

2. That the said decree directed the Judgment Debtor to __________________ (e.g., pay
Rs. ___ / deliver possession / perform obligation).

3. That the Judgment Debtor has failed to comply with the said decree despite lapse of
time.

4. That the decree remains wholly/partly unsatisfied.

5. That the amount due under the decree is as follows:

• Principal Amount: Rs. ______

• Interest: Rs. ______

• Costs: Rs. ______

• Total Due: Rs. ______

6. That the Decree Holder seeks execution of the decree by:
 • Attachment of property of the Judgment Debtor; and/or

• Arrest and detention in civil prison; and/or

• Garnishee proceedings; and/or

• Delivery of possession (if applicable)

7. That the present execution petition is within limitation as per the Limitation Act,
1963.

8. That this Hon’ble Court has jurisdiction to execute the decree.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Execute the decree dated ______ passed in Civil Suit No. ______;
b) Attach and sell the property of the Judgment Debtor (if applicable);

c) Recover the decretal amount of Rs. ______ along with interest;

d) Pass any other order deemed fit in the interest of justice.

Date:

Place:

Decree Holder
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the Decree Holder above named, do hereby verify that the contents of the present
execution petition are true and correct to my knowledge and belief.

Verified at ______ on this ___ day of ____, 20.

Date:

Place:

Decree Holder
(Signature)

Through counsel

Advocate name & signature

 AFFIDAVIT
I, ________, S/o ________, R/o ________, do hereby solemnly affirm and state:

1. That I am the Decree Holder in the present execution petition and am well acquainted
with the facts of the case.

2. That the contents of the accompanying execution petition are true and correct to my
knowledge and belief.

3. That nothing material has been concealed therefrom.

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place:

Decree Holder
(Signature)

Through counsel
Advocate name & signature

XIV. Revision Petition Format

(Under Code of Civil Procedure, 1908 Section 115)
IN THE HIGH COURT OF __________
Civil Revision No. ___
A.B.
S/o __________
R/o __________

… Petitioner
Versus
C.D.
S/o __________
R/o __________
 … Respondent
REVISION PETITION UNDER SECTION 115 OF THE CODE OF CIVIL
PROCEDURE, 1908
The Petitioner most respectfully submits as under:
1. That the present revision petition is directed against the order dated ______ passed by
the Court of ______ in Suit/Application No. ______.
2. That the brief facts leading to the present petition are as follows:

a)

b)

c)

3. That the impugned order is illegal, without jurisdiction, and liable to be set aside on
the following grounds:

a) That the subordinate court has exercised jurisdiction not vested in it by law;

b) That the subordinate court has failed to exercise jurisdiction vested in it;

c) That the subordinate court has acted in the exercise of its jurisdiction illegally and
with material irregularity

d) That the order is perverse and contrary to settled principles of law;

e) That grave injustice has been caused to the Petitioner.

4. That this Hon’ble Court has jurisdiction to entertain the present revision petition
under Section 115 of the Code of Civil Procedure, 1908.

5. That the present petition is within limitation as per the Limitation Act, 1963.
6. That no appeal lies against the impugned order and therefore this revision petition is
maintainable.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Set aside the impugned order dated ______ passed by the subordinate court;

b) Pass appropriate orders in favour of the Petitioner;

c) Grant interim stay of the impugned order (if required);

d) Pass any other order deemed fit in the interest of justice.

Date:
Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, A.B., the petitioner above named, do hereby verify that the contents of paragraphs 1 to ___
are true to my personal knowledge and paragraphs ___ to ___ are based on information
believed to be true.

Verified at __________ on this ___ day of ________, 20.

Date:

Place: Petitioner
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as
under: -

1. That the deponent is the Petitioner in the abovementioned case, filing the present petition
hence, competent to sign this affidavit.

2. That the content of the accompanying petition is drafted by the counsel of the petitioner
and all the legal averments are true and correct to the belief of the petitioner which is based
on legal advice rendered and believed to be correct.

3. That the petitioner has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.

Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Petitioner
(Signature)
 Through counsel

Advocate name & signature

XV. Application for Temporary Injunction Format

(Under Order XXXIX Rule 2 of Code of Civil Procedure, 1908)
IN THE COURT OF __________
Civil Suit No. ___
A.B.
S/o __________
R/o __________
… Plaintiff
Versus
C.D.
S/o __________
R/o __________
… Defendant
APPLICATION UNDER ORDER XXXIX RULES 1 & 2 READ WITH
SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
The Applicant most respectfully submits as under:

1. That the Applicant has filed the present suit for ______, which is pending before this
Hon’ble Court.

2. That the Respondent is threatening to __________________ (e.g., dispossess the

Plaintiff / alienate the property / interfere with possession).

3. That the acts of the Respondent are illegal and in violation of the rights of the
Applicant.

4. That the Applicant has a strong prima facie case in his favour.

5. That the balance of convenience lies in favour of the Applicant, as greater hardship
would be caused if injunction is not granted.

6. That the Applicant will suffer irreparable loss and injury which cannot be
compensated in terms of money if the injunction is not granted.
7. That the matter is urgent and immediate relief is necessary to prevent injustice.
 8. That there is no equally efficacious remedy available to the Applicant except seeking
temporary injunction.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Grant a temporary injunction restraining the Respondent from __________________

during the pendency of the suit;

b) Pass an ex parte ad interim injunction (if urgency is shown);

c) Pass any other order deemed fit in the interest of justice.

Date:

Place: Applicant
(Signature)

Through counsel

Advocate name & signature

VERIFICATION
I, ________, do hereby verify that the contents of this application are true and correct to my
knowledge and belief.

Verified at ______ on this ___ day of ____, 20.

Date:

Place: Deponent
(Signature)

Through counsel

Advocate name & signature

AFFIDAVIT
I______, W/O______, D/O______, R/O______ do hereby solemnly affirm and declare as
under: -

1. That the deponent is the Applicant in the abovementioned case, filing the present
application hence, competent to sign this affidavit.

2. That the content of the accompanying application is drafted by the counsel of the Applicant
and all the legal averments are true and correct to the belief of the Applicant which is based
on legal advice rendered and believed to be correct.

3. That the applicant has gone through and understood the contents of the same, and says that
the facts stated therein are true and correct to the best of her knowledge.
 Deponent

VERIFICATION:

Verified at Delhi on day of______ that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing material has been concealed therefrom.

Date:

Place: Applicant
(Signature)

Through counsel
Advocate name & signature