Unit 1: Fundamental Rules of Pleadings

1.1 Structure of Plaint

Meaning of Plaint
A plaint is the statement of claim filed by the plaintiff through which a civil suit is instituted
before a court. It contains the facts constituting the cause of action and the relief claimed by
the plaintiff.
Under the Code of Civil Procedure, 1908, provisions relating to plaint are mainly contained in
Order VII CPC.

Meaning of Pleadings
Pleadings are written statements filed by parties before the court stating their claims and
defences. Under Order VI Rule 1 CPC, pleadings mean:
1. Plaint
2. Written Statement
The purpose of pleadings is:
• To inform the opposite party about the case;
• To narrow down the dispute;
• To help the court frame issues;
• To avoid surprise during trial.

Fundamental Rules of Pleadings

The fundamental rules are contained mainly in Order VI Rule 2 CPC.
1. Facts and Not Law
A pleading must contain facts and not legal conclusions.
Example:
• Correct: “The defendant borrowed ₹50,000 on 1 January 2025.”
• Incorrect: “The defendant is legally liable.”
The court applies the law; parties only state facts.

2. Material Facts Only

Only those facts which are necessary to establish the claim or defence should be pleaded.
Material facts are those facts which:
• Constitute the cause of action;
• Must be proved to obtain relief.
Failure to plead material facts may result in dismissal of the suit.

3. Facts and Not Evidence

Pleadings should contain facts to be proved and not the evidence by which they are proved.
Example:
• Fact: “The defendant executed a sale deed.”
• Evidence: Witnesses or documents proving execution.
Evidence is produced later during trial.

4. Concise but Precise

Pleadings should:
• Be brief;
• Be clear;
• Be arranged in chronological order;
• Avoid unnecessary details.

Particulars Required in a Plaint

(Order VII Rule 1 CPC)
A plaint must contain the following particulars:
1. Name of the Court
The plaint must mention the court in which the suit is filed.
Example:
“In the Court of Civil Judge, Mumbai.”

2. Name, Description and Residence of Plaintiff

Complete details of the plaintiff should be given.
Includes:
• Full name;
• Father’s name;
• Occupation;
• Address.

3. Name, Description and Residence of Defendant

Similar details of defendant must be stated.

4. Statement Regarding Minority or Unsoundness

If either party is:
• a minor, or
• of unsound mind,
the plaint must mention it specifically.

5. Cause of Action
The plaint must state:
• the facts constituting the cause of action;
• when it arose.
Meaning of Cause of Action
Cause of action means every fact necessary for the plaintiff to prove to obtain judgment.
Example:
• execution of contract,
• breach of contract,
• refusal to pay.

6. Jurisdiction of Court
Facts showing jurisdiction of court must be pleaded.
Jurisdiction may be:
• Territorial jurisdiction;
• Pecuniary jurisdiction;
• Subject-matter jurisdiction.

7. Relief Claimed
The exact relief sought must be clearly stated.
Example:
• recovery of money,
• injunction,
• declaration,
• possession.
Under Order VII Rule 7 CPC, relief may be:
• specific,
• alternative,
• consequential.

8. Valuation and Court Fees

The plaint must state:
• value of suit for jurisdiction;
• value for court fee purposes.

9. Set-off or Relinquishment
If any part of claim is relinquished or adjusted, it must be stated.

Presentation of Plaint
Under Order IV Rule 1 CPC:
• plaint must be presented in duplicate;
• suit is instituted on presentation of plaint.

Verification of Plaint
Every plaint must be verified by the plaintiff.
Verification states:
• which paragraphs are true to personal knowledge;
• which are based on information and belief.
False verification may attract punishment.

Affidavit with Plaint

A plaint is generally accompanied by an affidavit affirming the correctness of contents.
Contents of Affidavit
• Identity of deponent;
• Authority to file suit;
• Truthfulness of pleadings;
• Verification.
Rejection of Plaint
(Order VII Rule 11 CPC)
A plaint may be rejected where:
1. No cause of action disclosed;
2. Undervalued claim not corrected;
3. Insufficient court fee;
4. Suit barred by law;
5. Plaint not filed in duplicate;
6. Non-compliance with Rule 9.

Return of Plaint
(Order VII Rule 10 CPC)
A plaint may be returned when:
• the court lacks jurisdiction.
The plaint is returned for presentation before proper court.

Important Case Laws

1. Mayar H.K. Ltd. v. Owners & Parties, Vessel M.V. Fortune Express (2006)
The Supreme Court held that grounds mentioned under Order VII Rule 11 are not exhaustive.

2. Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004)

A plaint cannot be rejected partly; it must be rejected as a whole.

Model Structure of Plaint

1. Name of Court
2. Cause title
3. Description of parties
4. Facts of case
5. Cause of action
6. Jurisdiction
7. Limitation
8. Valuation and court fees
9. Relief/Prayer clause
 10. Verification
11. Signature of plaintiff/advocate

Description of Parties
Meaning
Description of parties means proper identification of plaintiff and defendant in a suit.
It includes:
• name,
• parentage,
• age,
• occupation,
• address,
• legal status.

Parties to Suit
The parties in a civil suit are:
1. Plaintiff – person filing suit;
2. Defendant – person against whom suit is filed.
Only:
• natural persons, or
• juristic persons
can sue or be sued.

Necessary and Proper Parties

Necessary Party
A person:
• against whom relief is claimed; and
• without whom no effective decree can be passed.
Tests laid down in Benares Bank Ltd. v. Bhagwandas (1947)
1. Right to relief exists against party;
2. Effective decree cannot be passed without him.
These tests were approved in:
Deputy Commissioner, Hardoi v. Rama Krishna (1953)
Proper Party
A person whose presence helps complete adjudication though no relief is claimed against him.

Joinder of Parties
(Order I CPC)
Joinder of Plaintiffs
(Order I Rule 1)
Persons may join as plaintiffs where:
1. Right to relief arises from same transaction;
2. Common question of law or fact exists.

Joinder of Defendants
(Order I Rule 3)
Persons may be joined as defendants when:
1. Relief arises from same transaction;
2. Common question of law or fact exists.

Misjoinder and Non-Joinder

Misjoinder
Improper joining of parties.
Types:
• misjoinder of plaintiffs;
• misjoinder of defendants;
• misjoinder of causes of action.

Non-Joinder
Failure to include necessary party.
Non-joinder of necessary party may defeat suit.

Objects of Proper Joinder

1. Avoid multiplicity of suits;
2. Save time and expense;
 3. Ensure speedy trial;
4. Prevent conflicting judgments.
1.2 Written Statement and Affidavit
Meaning of Written Statement
A written statement is the pleading filed by the defendant in answer to the plaint filed by the
plaintiff. It contains:
• admissions,
• denials,
• objections,
• and defences raised by the defendant.
It is governed by Order VIII of the Code of Civil Procedure, 1908.
A written statement is the defendant’s opportunity to place his version of facts before the court.

Object of Written Statement

The main objects are:
1. To answer allegations made in the plaint;
2. To raise legal objections;
3. To narrow down controversies;
4. To inform plaintiff about the defence;
5. To help the court frame issues.

Time for Filing Written Statement

(Order VIII Rule 1 CPC)
The defendant must file the written statement:
• within 30 days from service of summons.
The court may extend the time:
• up to 90 days in ordinary cases;
• up to 120 days in commercial disputes.
After expiry of 120 days in commercial matters:
• the right to file written statement is forfeited.

Nature of Written Statement

A written statement may contain:
 1. Specific denials;
2. Admissions;
3. Legal objections;
4. Additional facts;
5. Set-off;
6. Counterclaim.

Fundamental Rules of Written Statement

The rules applicable to pleadings under Order VI also apply to written statements.
Thus, it must:
• contain material facts only;
• avoid evidence;
• be concise and precise;
• contain facts and not law.

Important Rules Regarding Written Statement

1. Defendant Must Specifically Deny Allegations
(Order VIII Rule 3 CPC)
The defendant cannot make vague or general denials.
He must specifically answer each allegation made in the plaint.
Example
Incorrect:
“The contents of paragraph 5 are denied.”
Correct:
“The defendant denies borrowing ₹50,000 from the plaintiff on 5 January 2025.”

Evasive Denial
(Order VIII Rule 4 CPC)
A defendant must not deny evasively.
If an allegation contains several facts, each material fact must be answered specifically.
Example
If plaintiff alleges:
“Defendant received ₹1 lakh on 10 January.”
The defendant cannot simply say:
“The defendant did not receive that amount.”
He must clearly state:
• whether he received any amount,
• and if yes, how much.

Effect of Non-Specific Denial

(Order VIII Rule 5 CPC)
If allegations are:
• not denied specifically,
• or denied evasively,
they may be treated as admitted.

New Facts to be Specially Pleaded

(Order VIII Rule 2 CPC)
The defendant must specifically plead all important defences such as:
• fraud,
• limitation,
• illegality,
• payment,
• release,
• void transaction,
• res judicata,
• estoppel.
Failure to plead them may prevent the defendant from raising them later.

Set-Off
(Order VIII Rule 6 CPC)
Meaning
Set-off means a reciprocal claim made by defendant against plaintiff.
Where plaintiff seeks recovery of money, the defendant may claim adjustment of money
recoverable from plaintiff.
Conditions of Set-Off
1. Suit must be for recovery of money;
2. Amount must be legally recoverable;
3. Amount must be ascertainable;
4. Parties must sue in same capacity;
5. Claim must be within pecuniary jurisdiction.

Effect of Set-Off
It operates like a cross-suit and enables the court to determine both claims together.

Counterclaim
(Order VIII Rule 6A and 6B CPC)
Meaning
A counterclaim is a claim made by defendant against plaintiff seeking relief from the court.
It is treated as a cross-suit.
The defendant must specifically state that the claim is made by way of counterclaim.

Advantages of Counterclaim
1. Avoids multiplicity of proceedings;
2. Saves time and expense;
3. Enables complete adjudication.

Failure to File Written Statement

(Order VIII Rule 10 CPC)
If defendant fails to file written statement within prescribed time:
• the court may pronounce judgment against him;
• or pass any appropriate order.
However, courts may exercise discretion in exceptional cases.

Important Case Laws

1. Kailash v. Nankhu (2005)
The Supreme Court held that the time limit for filing written statement is generally directory
and not mandatory.
2. Salem Advocate Bar Association v. Union of India (2005)
The Court held that extension of time for filing written statement should not be granted
routinely and should be allowed only in exceptional circumstances.

Structure of Written Statement

A written statement generally contains:
1. Heading and cause title;
2. Preliminary objections;
3. Para-wise reply to plaint;
4. Additional pleas;
5. Set-off/counterclaim (if any);
6. Prayer clause;
7. Verification;
8. Signature.

Preliminary Objections in Written Statement

Common preliminary objections include:
• lack of jurisdiction;
• suit barred by limitation;
• absence of cause of action;
• non-joinder or misjoinder;
• improper valuation;
• res judicata.

Para-wise Reply
The defendant must answer each paragraph of plaint separately:
• admitted,
• denied,
• or not within knowledge.

Verification of Written Statement

The defendant must verify:
 • which statements are true to personal knowledge;
• which are based on information and belief.
False verification may attract legal consequences.

Affidavit
Meaning of Affidavit
An affidavit is a written statement of facts confirmed by oath or affirmation before an
authorized officer.
The word affidavit means:
“a statement made upon oath.”
Affidavits are governed mainly by:
• Order XIX CPC,
• Indian Oaths Act.

Object of Affidavit
1. To place facts before court on oath;
2. To support pleadings;
3. To ensure truthfulness;
4. To reduce oral evidence in certain matters.

Essentials of Affidavit
An affidavit must contain:
1. Name and description of deponent;
2. Statement of facts;
3. Source of information;
4. Verification clause;
5. Signature of deponent;
6. Attestation by authorized officer.

Rules Regarding Drafting of Affidavit

1. Must Be in First Person
The deponent should state:
“I say…”
2. Facts Within Personal Knowledge
Only facts within personal knowledge should ordinarily be stated.

3. Separate Personal Knowledge and Information

The affidavit must distinguish:
• facts based on personal knowledge;
• facts based on information and belief.

4. Must Be Properly Verified

Verification should mention:
• place,
• date,
• truthfulness of contents.

Types of Affidavits
1. Affidavit supporting plaint;
2. Affidavit supporting applications;
3. Evidence affidavit;
4. Affidavit of service;
5. Affidavit of documents.

Draft Affidavit Structure

1. Cause Title
Name of court and parties.
2. Title
Example:
“Affidavit of A.B.”
3. Introductory Paragraph
Contains:
• name,
• age,
• address,
 • authority.

4. Statements on Oath
Facts are stated in numbered paragraphs.

5. Verification Clause
States:
• contents are true,
• nothing concealed.

Sample Verification Clause

“Verified at Mumbai on this 5th day of May 2026 that the contents of the affidavit are true and
correct to my knowledge and belief.”

Difference Between Plaint and Written Statement

Basis Plaint Written Statement

Filed by Plaintiff Defendant

Purpose States claim States defence

Governed by Order VII CPC Order VIII CPC

Contains Cause of action Defence and objections

Initiates suit Yes No

Difference Between Written Statement and Affidavit

Basis Written Statement Affidavit

Nature Pleading Sworn statement

Filed by Defendant Any deponent

Oath Not mandatory Mandatory

Purpose Defence Proof/support

Verification Yes Detailed verification required

Important Examination Points

Written Statement
• Governed by Order VIII CPC;
• Must contain specific denials;
• Evasive denial not allowed;
• Includes set-off and counterclaim;
• Time limit important.

Affidavit
• Sworn written statement;
• Used to support pleadings;
• Must contain verification;
• False affidavit may amount to perjury.
1.3 Application for Setting Aside Ex-Parte Decree
Meaning of Ex-Parte Decree
An ex-parte decree is a decree passed by the court against the defendant in his absence when:
• the defendant fails to appear before the court,
• despite service of summons.
It is governed by Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC).

Meaning of Ex-Parte Proceedings

When:
• summons is duly served on the defendant,
• but the defendant does not appear on the date fixed,
the court may proceed ex-parte against him and decide the suit on the basis of plaintiff’s
evidence.

Relevant Provisions under CPC

Order IX Rule 6 CPC
Provides that where:
• summons is duly served,
• and defendant fails to appear,
the court may proceed ex-parte.
Order IX Rule 13 CPC
Provides remedy to defendant for setting aside ex-parte decree.

Object of Order IX Rule 13

The object is:
1. To prevent injustice;
2. To provide fair opportunity of hearing;
3. To ensure principles of natural justice;
4. To avoid hardship caused by absence for genuine reasons.

Grounds for Setting Aside Ex-Parte Decree

The defendant must satisfy the court on either of the following grounds:
1. Summons Was Not Duly Served
If summons was:
• not properly served,
• served at wrong address,
• served fraudulently,
• or served in violation of CPC provisions,
the decree may be set aside.
Example
• summons served on wrong person;
• no proper notice of hearing.

2. Sufficient Cause Prevented Appearance

The defendant must prove that:
• he was prevented by sufficient cause from appearing.
Meaning of Sufficient Cause
A cause beyond the control of defendant which prevented appearance.
Examples:
• illness,
• accident,
• natural calamity,
• wrong noting of date,
 • sudden emergency.
The cause must be:
• bona fide,
• genuine,
• and reasonable.

Important Principle
The court generally adopts a liberal approach where:
• absence was not intentional,
• or no negligence is proved.
However:
• deliberate delay,
• negligence,
• or lack of good faith
may lead to rejection of application.

Procedure for Filing Application

Step 1: Filing Application
The defendant files an application under:
Order IX Rule 13 CPC
before the same court which passed the decree.

Step 2: Supporting Affidavit

The application must be supported by:
• affidavit explaining reasons for non-appearance.

Step 3: Notice to Opposite Party

Court issues notice to plaintiff.

Step 4: Hearing
Both parties are heard.
Court examines:
• service of summons;
 • existence of sufficient cause.

Step 5: Order of Court

Court may:
• set aside decree,
• or dismiss application.

Limitation Period
Under the Limitation Act, 1963:
Application must be filed within:
• 30 days from date of decree,
or
• from date of knowledge where summons was not duly served.

Conditions Imposed by Court

While setting aside ex-parte decree, court may impose conditions such as:
• payment of costs;
• deposit of money;
• furnishing security.

Effect of Setting Aside Ex-Parte Decree

When decree is set aside:
1. Suit is restored;
2. Defendant gets opportunity to contest;
3. Proceedings continue from appropriate stage.

When Ex-Parte Decree Cannot Be Set Aside

The court may refuse application where:
1. summons was properly served;
2. no sufficient cause exists;
3. defendant acted negligently;
4. application filed beyond limitation without condonation.
Mere Irregularity Not Sufficient
A decree will not be set aside merely because of irregularity in service if:
• defendant had actual notice of hearing.

Appeal Against Ex-Parte Decree

A defendant has two remedies:
1. Application under Order IX Rule 13 CPC
OR
2. Regular Appeal under Section 96(2) CPC
Both remedies may exist simultaneously.

Difference Between Appeal and Application under Order IX Rule 13

Basis Order IX Rule 13 Application Appeal under Section 96(2)

Filed before Same court Appellate court

Ground Non-appearance Merits of decree

Main issue Sufficient cause/service Correctness of decree

Nature Miscellaneous proceeding Appeal proceeding

Important Case Laws

1. Arjun Singh v. Mohindra Kumar (1964)
The Supreme Court held that sufficient cause must be interpreted according to facts and
circumstances of each case.

2. G.P. Srivastava v. R.K. Raizada (2000)

The Court held:
• “sufficient cause” should receive liberal construction to advance substantial justice.

3. Parimal v. Veena (2011)

The Supreme Court held:
• negligence or lack of bona fides cannot constitute sufficient cause.

4. Bhanu Kumar Jain v. Archana Kumar (2005)

The Court held that:
• remedy under Order IX Rule 13 and appeal under Section 96(2) are separate and
independent remedies.

Drafting of Application for Setting Aside Ex-Parte Decree

Essential Contents
1. Cause Title
Name of court and parties.

2. Provision Invoked
Mention:
Application under Order IX Rule 13 CPC.

3. Facts of Case
Include:
• date of decree;
• reason for absence;
• details regarding summons.

4. Grounds
Mention:
• summons not served,
or
• sufficient cause prevented appearance.

5. Prayer Clause
Request court:
• to set aside ex-parte decree;
• restore suit.

6. Verification
Application must be verified.
Model Format of Application
In the Court of Civil Judge, Mumbai
A.B. … Plaintiff
Versus
C.D. … Defendant
Application under Order IX Rule 13 CPC for Setting Aside Ex-Parte Decree
Most Respectfully Showeth:
1. That the suit was decreed ex-parte on 10 March 2026.
2. That the applicant could not appear because he was seriously ill.
3. That absence was neither intentional nor deliberate.
4. That the applicant has good defence on merits.
Prayer
It is therefore prayed that:
• the ex-parte decree dated 10 March 2026 be set aside;
• applicant be allowed to contest the suit.
Applicant
Through Counsel

Affidavit Supporting Application

The application must generally be accompanied by affidavit stating:
• facts are true;
• reasons for absence;
• no intentional negligence.

Important Examination Points

Ex-Parte Decree
• Passed in absence of defendant;
• Governed by Order IX CPC.

Grounds for Setting Aside

1. Summons not duly served;
2. Sufficient cause for non-appearance.
Limitation
• 30 days.

Remedies Available
• Application under Order IX Rule 13;
• Appeal under Section 96(2) CPC.

Short Note: Sufficient Cause

“Sufficient cause” means a genuine and reasonable cause which prevented the defendant from
appearing before the court despite due diligence.
The courts interpret the term liberally to ensure substantial justice, but negligence or intentional
delay is not protected.
Unit 2: Ordinary Suit for Recovery
Meaning of Suit for Recovery
A suit for recovery is a civil suit filed by the plaintiff to recover:
• money,
• movable property,
• possession,
• or dues legally payable by the defendant.
The suit is generally filed when:
• a legal liability exists,
• and the defendant fails to discharge that liability.
The provisions relating to recovery suits are governed by:
• Code of Civil Procedure, 1908 (CPC),
• Indian Contract Act, 1872,
• Specific Relief Act, 1963,
• and other relevant laws.

Types of Recovery Suits

1. Recovery of money;
2. Recovery of movable property;
3. Recovery of immovable property;
4. Recovery based on contract;
 5. Recovery under promissory note or cheque;
6. Summary suits under Order XXXVII CPC.

Essentials of Suit for Recovery

The plaintiff must prove:
1. Existence of legal right;
2. Liability of defendant;
3. Cause of action;
4. Failure or refusal to pay;
5. Jurisdiction of court;
6. Suit filed within limitation period.

Cause of Action in Recovery Suit

Cause of action means the bundle of facts giving rise to the plaintiff’s right to sue.
In a recovery suit, cause of action may arise from:
• loan transaction,
• dishonoured cheque,
• unpaid bills,
• breach of contract,
• non-payment of consideration.

Jurisdiction in Recovery Suit

The court must have:
1. Territorial jurisdiction;
2. Pecuniary jurisdiction;
3. Subject-matter jurisdiction.
Jurisdiction may arise where:
• contract was executed;
• payment was to be made;
• defendant resides or carries business.

Limitation for Recovery Suit

Generally:
 • limitation period is 3 years under the Limitation Act, 1963.
The limitation starts from:
• date of debt,
• date of breach,
• or date of refusal to pay.

Structure of Recovery Suit Plaint

The plaint generally contains:
1. Name of court;
2. Description of parties;
3. Facts of transaction;
4. Liability of defendant;
5. Cause of action;
6. Jurisdiction;
7. Limitation;
8. Valuation and court fee;
9. Prayer clause;
10. Verification.

Important Contents of Recovery Plaint

1. Description of Parties
Proper details of plaintiff and defendant.

2. Facts Constituting Liability

The plaint must clearly explain:
• how liability arose;
• amount due;
• date of transaction.

3. Details of Default
The plaintiff must mention:
• defendant failed to pay despite requests or notices.
4. Cause of Action
The plaint must specify:
• when and how cause of action arose.

5. Jurisdiction
Facts conferring jurisdiction must be pleaded.

6. Relief
Relief may include:
• principal amount,
• interest,
• costs,
• future interest.

Interest in Recovery Suit

The plaintiff may claim:
1. Pre-suit interest;
2. Pendente lite interest;
3. Future interest.
Governed by:
• Section 34 CPC.

Summary Suit under Order XXXVII CPC

Meaning
A summary suit is a special fast-track procedure for recovery based on:
• written contracts,
• bills of exchange,
• promissory notes,
• cheques.

Object
To provide speedy remedy in cases where:
• defendant has no substantial defence.
Features
1. Defendant cannot defend as a matter of right;
2. Leave of court is necessary;
3. Speedy disposal;
4. Applicable only to specified transactions.

Procedure in Summary Suit

1. Filing of plaint;
2. Issue of summons;
3. Defendant enters appearance;
4. Plaintiff serves summons for judgment;
5. Defendant seeks leave to defend;
6. Court grants or refuses leave;
7. Decree passed.

Leave to Defend
If defendant shows:
• substantial defence,
• triable issues,
court may grant leave to defend.

Important Case Law

Mechelec Engineers v. Basic Equipment Corporation (1976)
The Supreme Court laid down principles regarding grant of leave to defend in summary suits.

Difference Between Ordinary Suit and Summary Suit

Basis Ordinary Suit Summary Suit

Procedure Regular procedure Speedy procedure

Defence Automatic right Requires leave

Scope All civil disputes Limited categories

Basis Ordinary Suit Summary Suit

Trial Detailed Expedited

Drafting Points for Recovery Suit

1. Mention exact amount recoverable;
2. State basis of liability;
3. Mention limitation;
4. Include interest clause;
5. Attach supporting documents;
6. Properly plead jurisdiction.

Important Examination Points

• Recovery suit governed by CPC;
• Limitation generally 3 years;
• Cause of action essential;
• Summary suit under Order XXXVII is special remedy;
• Interest claim under Section 34 CPC.

2.2 Suit for Permanent Injunction

Meaning of Injunction
An injunction is a judicial order restraining a person:
• from doing a particular act,
or
• compelling performance of an act.
It is an equitable remedy governed by:
• Specific Relief Act, 1963,
• Code of Civil Procedure.

Meaning of Permanent Injunction

A permanent injunction is a decree of the court permanently restraining the defendant from
interfering with the plaintiff’s rights.
It is granted after final hearing of the suit.
Governed by:
Sections 37 and 38 of the Specific Relief Act, 1963.

Object of Permanent Injunction

1. To protect legal rights;
2. To prevent unlawful interference;
3. To maintain peaceful possession;
4. To prevent repeated litigation.

Essentials for Grant of Permanent Injunction

The plaintiff must prove:
1. Existence of legal or equitable right;
2. Actual or threatened violation;
3. Inadequacy of damages;
4. Necessity of preventive relief.

Situations Where Permanent Injunction May Be Granted

1. Interference with possession;
2. Threat of dispossession;
3. Nuisance;
4. Trespass;
5. Breach of contractual obligation;
6. Infringement of rights.

When Injunction Cannot Be Granted

(Section 41, Specific Relief Act)
Injunction cannot be granted:
1. To restrain judicial proceedings;
2. To prevent lawful acts;
3. Where plaintiff has no personal interest;
4. Where equally efficacious remedy exists;
5. Where conduct of plaintiff is unfair.

Essential Contents of Plaint for Permanent Injunction

1. Description of Property
Clear details of disputed property.

2. Plaintiff’s Right or Possession

The plaintiff must show:
• lawful possession,
or
• legal right.

3. Threat or Interference
Specific acts of interference by defendant must be pleaded.

4. Cause of Action
Mention when threat or interference arose.

5. Jurisdiction
Facts giving jurisdiction to court.

6. Relief
Prayer for restraining defendant permanently.

Structure of Suit for Permanent Injunction

1. Cause title;
2. Description of parties;
3. Facts showing possession/right;
4. Acts of interference;
5. Cause of action;
6. Jurisdiction;
7. Prayer clause;
8. Verification.

Example of Prayer Clause

“It is prayed that the defendant be permanently restrained from interfering with the peaceful
possession of the plaintiff over the suit property.”

Important Case Laws

1. Dalpat Kumar v. Prahlad Singh (1992)
The Supreme Court discussed principles relating to injunctions and protection of possession.

2. Anathula Sudhakar v. P. Buchi Reddy (2008)

The Court clarified circumstances where injunction suits are maintainable.

Difference Between Temporary and Permanent Injunction

Basis Temporary Injunction Permanent Injunction

Nature Interim relief Final relief

Stage During pendency Final decree

Governing provision Order XXXIX CPC Specific Relief Act

Duration Limited period Permanent

Important Examination Points

• Permanent injunction governed by Sections 37–38 of Specific Relief Act;
• Granted after final hearing;
• Protects possession and rights;
• Threat or interference must be proved.

2.4 Suit for Specific Performance

Meaning of Specific Performance
Specific performance means:
• actual performance of contractual obligations as agreed between parties.
Instead of awarding damages, the court directs the party:
• to perform the contract.
Governed by:
Specific Relief Act, 1963.
Object of Specific Performance
1. To enforce contractual obligations;
2. To provide complete justice;
3. To compel actual performance where damages are inadequate.

Contracts Specifically Enforceable

Specific performance is commonly granted in:
1. Sale of immovable property;
2. Unique goods;
3. Valuable property;
4. Contracts where monetary compensation is inadequate.

Essentials of Suit for Specific Performance

The plaintiff must prove:
1. Valid and enforceable contract;
2. Readiness and willingness to perform;
3. Defendant’s refusal or failure;
4. Lawful object and consideration;
5. Suit filed within limitation.

Readiness and Willingness

The plaintiff must continuously show:
• financial capacity;
• intention to perform contract.
This is an essential requirement.

Contracts Not Specifically Enforceable

Specific performance cannot generally be granted in:
1. Personal service contracts;
2. Contracts dependent on personal skill;
3. Determinable contracts;
4. Impossible contracts.
Limitation for Specific Performance
Under Limitation Act:
• suit must generally be filed within 3 years from:
o date fixed for performance,
or
o refusal to perform.

Essential Contents of Plaint

1. Existence of Contract
The plaint must mention:
• date,
• terms,
• parties,
• consideration.

2. Readiness and Willingness

Plaintiff must specifically plead continuous readiness.

3. Breach by Defendant
State refusal or non-performance.

4. Cause of Action
Mention dates and events giving rise to suit.

5. Relief Claimed
Plaintiff seeks decree directing performance.

Structure of Suit for Specific Performance

1. Cause title;
2. Details of agreement;
3. Payment of consideration;
4. Readiness and willingness;
5. Breach by defendant;
 6. Cause of action;
7. Jurisdiction;
8. Prayer clause;
9. Verification.

Example of Prayer Clause

“It is prayed that the defendant be directed to execute the sale deed in favour of the plaintiff in
terms of the agreement dated 10 January 2025.”

Defences in Specific Performance Suit

Defendant may plead:
1. No valid contract;
2. Fraud or coercion;
3. Plaintiff not ready and willing;
4. Contract void or illegal;
5. Limitation.

Important Case Laws

1. N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao (1995)
The Supreme Court held that readiness and willingness is mandatory for obtaining specific
performance.

2. K.S. Vidyanadam v. Vairavan (1997)

The Court emphasized that equity and conduct of parties are important in granting relief.

Difference Between Damages and Specific Performance

Basis Damages Specific Performance

Nature Monetary compensation Actual performance

Remedy Substitutional Equitable

Purpose Compensate loss Enforce contract

Important Examination Points

• Governed by Specific Relief Act, 1963;
 • Readiness and willingness essential;
• Commonly granted in immovable property contracts;
• Limitation generally 3 years;
• Equitable remedy based on conduct of parties.
3.4 F.I.R. (First Information Report)
Meaning of F.I.R.
F.I.R. means First Information Report.
It is the first information given to a police officer regarding the commission of a cognizable
offence and recorded by the police under:
Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 154 CrPC, 1973).
A cognizable offence is one in which police can:
• arrest without warrant,
• and start investigation without prior permission of the Magistrate.

Definition of F.I.R.
Although BNSS does not expressly define F.I.R., it can be understood as:
Information relating to the commission of a cognizable offence given to police and reduced
into writing.

Object of F.I.R.
The main objects are:
1. To set criminal law into motion;
2. To inform police about commission of offence;
3. To initiate investigation;
4. To preserve earliest version of incident;
5. To prevent fabrication of evidence.

Essential Ingredients of F.I.R.

For a valid F.I.R.:
1. Information must relate to cognizable offence;
2. It must be given to officer in charge of police station;
3. It must be reduced into writing;
4. It must be signed by informant;
 5. Entry must be made in prescribed register.

Procedure for Recording F.I.R.

Step 1: Information to Police
Information may be:
• oral,
• or written.

Step 2: Reduction into Writing

If oral, police officer must:
• reduce it into writing.

Step 3: Reading Over to Informant

The information must be:
• read over to informant.

Step 4: Signature of Informant

Informant signs the statement.

Step 5: Entry in Station Diary

Police records it in official register.

Step 6: Free Copy to Informant

A free copy of F.I.R. must be given to informant.

Who Can Lodge F.I.R.

F.I.R. may be lodged by:
1. Victim;
2. Eye-witness;
3. Relative;
4. Any person having knowledge of offence.
Even hearsay information may sometimes be sufficient if it discloses cognizable offence.
Types of F.I.R.
1. Oral F.I.R.
Given orally and written by police.

2. Written F.I.R.
Directly submitted in writing.

3. Telephonic F.I.R.
Telephone information may become F.I.R. if it contains sufficient details about offence.

4. Zero F.I.R.
A Zero F.I.R. can be lodged:
• at any police station,
• irrespective of territorial jurisdiction.
The police station later transfers it to the competent police station.
Importance
Used especially in:
• sexual offences,
• urgent situations,
• crimes involving immediate action.

Contents of F.I.R.
An F.I.R. generally contains:
1. Name and address of informant;
2. Date and time of occurrence;
3. Place of occurrence;
4. Nature of offence;
5. Names of accused (if known);
6. Details of incident;
7. Names of witnesses;
8. Signature/thumb impression.

Evidentiary Value of F.I.R.

F.I.R. is:
• not substantive evidence.
However, it may be used:
1. To corroborate informant;
2. To contradict informant;
3. To test truthfulness;
4. To establish promptness of prosecution case.

Delay in Filing F.I.R.

Prompt filing increases reliability.
Unexplained delay may:
• create suspicion,
• indicate fabrication.
However, delay may be condoned in:
• sexual offences,
• fear,
• trauma,
• medical emergencies.

Refusal to Register F.I.R.

If police refuse to register F.I.R., remedies include:
1. Complaint to Superintendent of Police
The informant may approach higher police authority.

2. Complaint Before Magistrate

Under criminal procedure provisions, Magistrate may direct investigation.

3. Writ Petition
High Court may be approached in exceptional cases.

Difference Between Cognizable and Non-Cognizable Offence

Basis Cognizable Offence Non-Cognizable Offence

Arrest Without warrant With warrant

Investigation Without Magistrate permission Requires permission

F.I.R. Registered NCR generally recorded

Seriousness Serious offences Less serious offences

F.I.R. and Complaint – Difference

Basis F.I.R. Complaint

Filed before Police Magistrate

Relates to Cognizable offence Any offence

Object Investigation Judicial action

Governing law BNSS provisions Criminal complaint provisions

Important Case Laws

1. Lalita Kumari v. Government of Uttar Pradesh (2013)
The Supreme Court held:
• registration of F.I.R. is mandatory where information discloses cognizable offence.
Preliminary inquiry is allowed only in limited cases.

2. State of Haryana v. Bhajan Lal (1992)

The Supreme Court laid down categories where criminal proceedings may be quashed.
This case is important regarding misuse of F.I.R.

3. T.T. Antony v. State of Kerala (2001)

The Court held:
• there cannot generally be a second F.I.R. regarding the same incident.

Important Principles Regarding F.I.R.

1. F.I.R. is not encyclopedia of prosecution case;
2. Minor omissions do not invalidate F.I.R.;
3. Earliest version has high evidentiary value;
 4. Delay must be explained;
5. F.I.R. should disclose cognizable offence.

Model Format of F.I.R.

To,
Station House Officer
Police Station _______
Subject: Information regarding commission of cognizable offence
Sir,
I hereby inform that on 10 May 2026 at about 8 PM near Andheri Market, the accused assaulted
me with a stick and threatened me with dire consequences.
I request you to kindly register F.I.R. and take legal action.
Name: ______
Address: ______
Signature: ______

Important Examination Points

• F.I.R. governed by Section 154 CrPC / corresponding BNSS provision;
• Relates to cognizable offences;
• Sets criminal law into motion;
• Zero F.I.R. can be lodged anywhere;
• Not substantive evidence;
• Registration mandatory after Lalita Kumari case.