0

All copyrights reserved to VIDHIGYATA

 1

PART - A: PLEADINGS

I. FORMS OF PLEADINGS

CIVIL PLEADINGS

1. Suit for recovery under Order XXXVII of the Code of Civil Procedure 1908 4-6
2. Draft Affidavit 7
3. Suit for Permanent Injunction 8-11
4. Application for Temporary Injunction Under Order XXXIX Rules 1 and 2 of the Code of Civil Proce-
dure, 1908 12-13
5. Application under Order XXXIX, Rule 2-A of the Code of Civil Procedure, 1908 14-15
6. Application under Order XXXIII read with Section 151 of the Code of Civil Procedure to sue as an In-
digent Person. 16
7. Suit for Ejectment and Damages for Wrongful Use and Occupation 17-19
8. Suit for Specific Performance of Contract 20-21
9. Model Draft Written Statement 22-24
10. Caveat under section 148-A of the Code of Civil Procedure, 1908 25
11. Transfer Petition (Civil) U/s 25 of the Civil Procedure Code, 1908 26-29
12. Application for the Execution of Decree 30-31

MATRIMONIAL PLEADINGS

13. Petitions under the Matrimonial Pleadings-Introduction 32-33

14. Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955 34-35
15. Petition for Judicial Separation under Section 10 of the Hindu Marriage Act, 1955 36-37
16. Petition for Dissolution of Marriage by Decree of Divorce under Section 13 of the Hindu Marriage Act,
1955 38-40
17. Petition for Dissolution of Marriage by Decree of Divorce under Section 13B(1) of the Hindu Marriage
Act, 1955 41-42
18. Draft affidavit for matrimonial pleadings 43

PLEADINGS UNDER INDIAN SUCCESSION ACT, 1925

19. Petition for Grant of Probate in High Court 44-46

20. Petition for Grant of Letters of Administration 47-49
21. Petition for Grant of Succession Certificate 50-51

PETITONS UNDER CONSTITUTIONAL LAW

22. Writ Petition- Meaning 52-53

23. Writ Petition under Article 226 of the Constitution of India 54-55
24. Writ Petition (Cri.) for Enforcement of Fundamental Rights 56-59
25. Special Leave Petition (Civil) under Article 136 of the Constitution of India 60-63
26. Special Leave Petition (Criminal ) under Article 136 of the Constitution of India 64-67

PLEADINGS UNDER CRIMINAL LAW

27. Application for Regular Bail 68-69

28. Application for Anticipatory Bail 70-71
29. Complaint under section 138 of the Negotiable Instruments Act, 1881 72-73
30. Application under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 74-75

All copyrights reserved to VIDHIGYATA

 2

OTHER MISCELLANEOUS PLEADINGS

31. Complaint under Section 12 of Consumer Protection Act, 1986 76-78

32. Contempt Petition under Section 11 and 12 of The Contempt of Courts Act, 1971 79-80
33. Petition under section 12 of Domestic Violence Act, 2005 81-83

PART B: CONVEYANCING
I. COMPONENT PARTS OF A DEED 84-91
II. FORMS OF DEEDS AND NOTICES
1. Will 92-94
2. General Power of Attorney 95-96
3. Special Power of Attorney to execute Sale Deed 97
4. Agreement to sell 98-99
5. Sale Deed 100-102
6. Lease Deed 103-105
7. Mortgage Deed 106-107
8. Partnership Deed 108-109
9. Deed of Dissolution of Partnership 110-111
10. Relinquishment Deed 112-113
11. Gift Deed 114-115
12. Notice under section 106 of The Transfer of Property Act, 1882 116
13. Notice under section 80 of Civil Procedure Code, 1908 117
14. Notice under Section 138 of the Negotiable Instruments Act, 1881 118
15. Reply to Legal Notice under Section 138 of Negotiable Instruments Act, 1881 119-120

The forms of pleadings/deeds enlisted above are only illustrative and not exhaustive. The pleadings/deeds are to
be drafted on different grounds/facts.

IMPORTANT NOTE:

1. The topics and cases given above are not exhaustive. The teachers teaching the course shall be at liber-
ty to add new topics/cases.
2. The students are required to study the legislations as amended up-to-date and consult the latest editions
of books.

All copyrights reserved to VIDHIGYATA

 3

CIVIL PLEADINGS
SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________). ROHINI COURT, DELHI

SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd.
A Company Incorporated Under the
Companies Act, Having Its Registered Office
At ………, New Delhi.
Through its Director
Shri…………………… ……….. PLAINTIFF

VERSUS

M/s XYZ Ltd.

A Company Incprporated Under The
Companies Act. Having Its Registered Office
At ………., Delhi
Through its Director
Shri…………………… …….. DEFENDANT

SUIT FOR RECOVERY OF RS. 4, 19,200/-(Four lakh nineteen thousand two hundred
Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a Company constituted under the Companies Act having its registered office
at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director of the Plaintiff is a duly con-
stituted attorney of the Plaintiff and is authorized and competent to sign and verify the plaint, va-
kalatnama etc. and to institute this suit on behalf of the Plaintiff.
2. That the Plaintiff carries on the business of construction, engineering and designing. The Plaintiff
is a builder of international repute and has earned a big name in its business.
3. That the Defendant is a Company incorporated under the Companies Act having their registered
office at ……Chandigarh.
4. That the Defendant approached the Plaintiff for construction of a building for their paper mill at
Chandigarh some time in the year …..
5. That the plaintiff and the defendant entered into an agreement for the construction of a building as
per the site plan and specifications.
6. That the Plaintiff constructed the building and handed over the possession of the same to the De-
fendant sometime in…...(date).

All copyrights reserved to VIDHIGYATA

 4

7. That on ………(date), the Plaintiff raised the final bill for Rs. 4,19,200/- on the Defendant on ac-
count of the construction of their paper mill at Chandigarh against which the Defendant handed
over cheque No. 213456 dated ……..(date) for Rs. 4,19,200/- drawn on Punjab National Bank,
Shahdara, Delhi to the Plaintiff.
8. That the cheque was presented by the Plaintiff, however the same was dishonoured upon presen-
tation vide bank memo dated……
9. That the Plaintiff immediately informed the Defendant about the dishonour of the said cheque and
called upon the Defendant to make the payment of the said amount along with interest @ 18% per
annum. However, the Defendant failed to pay the same to the Plaintiff despite repeated requests
and reminders.
10. That the Plaintiff therefore finally issued a legal notice dated …….(date) to the Defendant calling
upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with interest at the
rate of 18% per annum w.e.f. ……..(date) upto the date of payment. However, no payment has
been made by the Defendant despite the said notice.
11. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @ 18% per
annum from the date on the Plaintiff’s bill. The Plaintiff is, claiming interest from……(date) upto
the date of filing of this suit @ 18% per annum.
12. That the cause of action in favour of the Plaintiff and against the Defendant first arose in 2026
when the Plaintiff was approached by the Defendant for construction of their paper mill. It further
arose in…….. when the said building was completed and handed over to the Defendant and on
……. when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the Defendant. The cause of
action arose on all dates when the Plaintiff called upon the Defendant to make the payment and
the later failed to comply with it. The cause of action is still subsisting as the Defendant has failed
to pay the outstanding amount despite repeated oral and written requests and reminders from the
Plaintiff.
13. The suit is within the period of limitation.
14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of action
arose at Delhi. The contract for construction of the paper mill was entered at Delhi, all the pay-
ments upto this date have been made at Delhi and the payment of the outstanding amount was al-
so to be made at Delhi. The Administrative Office of the Defendant is situated at Delhi where
they carry on the work for their gain.
15. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which court
fee of Rs. ___________is paid.
16. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no reliefhas been
claimed which does not fall within the ambit of Order XXXVII.

All copyrights reserved to VIDHIGYATA

 5

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-
a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with
interest @ 18% per annum from ……(date) upto the date of filing the suit in favour of the
Plaintiff and against the Defendant;
b) award pendentlite and future interest at the rate of 18% per annum on the above stated amount
of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest @
18% per annum from …..(date) upto the date of filing the suit in favour of the Plaintiff and
against the Defendant;
c) award cost of the suit in favour of the Plaintiff and against the Defendant; and
d) pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.
e)

PLACE: PLAINTIFF
DATE: THROUGH ADVOCATE

VERIFICATION:

Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the plaint are
true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its
business, those of paras …. to .... are true on information received and believed to be true and last para
is the humble prayer to this Hon’ble Court.

PLAINTIFF

[NOTE : The above plaint must be supported by an Affidavit]

Note: A student should mention the correct paragraphs in the verification and also focus on
territorial and pecuniary jurisdiction.

*****

All copyrights reserved to VIDHIGYATA

 6

DRAFT AFFIDAVIT
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI
SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd.
A Company Incorporated Under The
Companies Act, Having Its Registered Office
At New Delhi.
Through its Director
Shri…………………… ……….. PLAINTIFF
VERSUS
M/s XYZ Ltd.
A Company Incprporated Under The
Companies Act. Having Its Registered
Office At Delhi
Through its Director
Shri…………………… …….. DEFENDANT

AFFIDAVIT OF Sh………, S/O. …………………, AGED ABOUT 38 YEARS,

R/O…………. in the capacity of the director of M/S ABC Pvt. Ltd..

I, …………..the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am the Authorized Representative / Director of the Plaintiff and I am aware of the facts
and circumstances of the present suit based upon the records of the Plaintiff maintained in the ordi-
nary course of business and I am duly authorized and competent to swear and file the present suit and
affidavit.
2. I say that the accompanying Suit has been drafted and filed by my counsel upon my instructions
and contents of the same are true and correct.
3. I say that the documents filed along with plaint are true copies of originals.

DEPONENT

VERIFICATION:

I, ………, do hereby verify on this ____day of January, 2026 at Delhi that the contents of the above
said affidavit are true and correct to my knowledge and information and nothing material has been
concealed therefrom.
DEPONENT

All copyrights reserved to VIDHIGYATA

 7

SUIT FOR PERMANENT INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI
SUIT NO. ____________ OF 20..
IN THE MATTER OF:
Sh. Om Veer Singh
S/o. ___________-,
R/o. Sainik Nagar, New Delhi …PLAINTIF
VERSUS
1. Dr. U. Basu
S/o________,
R/o Pragati Vihar Society, Delhi - 92
2. Tapan Kumar,
S/o ______
R/o Pragati Vihar Society, Delhi – 92 ….. DEFENDANTS

SUIT FOR PERMANENT INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is the permanent resident of the above mentioned address in property bearing no.

________ Uttam Nagar, New Delhi for the last many year and is living with wife and minor chil-

dren, as a tenant.

2. That the plaintiff is a tenant in respect of the above said property bearing no_____________ Ut-

tam Nagar, New Delhi consisting two rooms, latrine and kitchen in the above said premises of

Rent Rs. …….per month excluding electricity and water charges under the tenancy of late

Sh_________ who died on ……..(date) and late Sh. _____ used to collect the rent from the plain-

tiff but late Sh. _____did not issued any rent receipt to the plaintiff even after several demands

made by the plaintiff but he always used to postpone the issue of rent receipt.

3. That the plaintiff spent a huge amount on the construction of these two rooms in the above said

premises at the request of Late Sh. _____and Sh. _____assured the plaintiff to adjust the said rent

(the plaintiff is having the necessary documents/proofs of material for construction of rooms in

the above said property). It is also pertinent to mention here that the plaintiff looked after late Sh.

______ many a times, whenever he fell ill.

4. That at present the plaintiff is having the peaceful possession of premises no. ____________ Ut-

tam Nagar, New Delhi and is having the whole necessary documents/record regarding possession

All copyrights reserved to VIDHIGYATA

 8

(photocopy of Ration Card, School Card is enclosed herewith) but the above said defendants are

intended to disturb the peaceful physical possession of the plaintiff of the above said premises.

5. That the plaintiff is having the whole necessary household goods which are lying/kept in the

above said premises and is living peacefully.

6. That the plaintiff has paid the agreed rent @ Rs. …… per month to late Sh. ______up to …... It is

also pertinent to mention hare that the legal heirs of late Sh. ______are not in the knowledge of

the plaintiff and at present also the plaintiff is ready to tender the rent before the legal heirs of late

Sh. _________.

7. That on …….. (Date) the above said defendant came to the above said premises of the plaintiff

and threatened the plaintiff to vacate the tenanted premises immediately otherwise the plaintiff

would have to face dire consequences, when the plaintiff asked about their identity then they did

not disclose the same, instead started throwing household goods forcibly and illegally and started

to quarrel with the plaintiff when the local residents/neighbourers intervened in the matter then

the defendants left the spot after threatening for dire consequences and to dispossess the plaintiff

forcibly and illegally in the near future with the help of local goondas. The defendants openly

stated that the staff of police post ………dances at their tune and it is very easy job for them to

dispossess any person or to grab the property of any one with the help of the police staff.

8. That immediately on the same date the plaintiff rushed to the police post …….to lodge his report

against the defendants regarding such incident but duty officer did not lodge the report of the

plaintiff. The plaintiff was surprised to see that both the defendants were already present at the

Police Post …….

9. That on ………(date) , the plaintiff sent a notice to the defendant no. 1 and copy to Chowki In-

charge Police Post ……. by Regd. A.D. (copy of the same is enclosed herewith) but Police Post

……… staff has not taken any action against the defendants for reasons best known to them.

10. That on …….. (date), the defendants along with two unknown persons/ whom the plaintiff can

recognise by face, came to the above said premises bearing no. _______ Uttam Nagar, and

knocked at the door at odd hours and threatened the plaintiff to come out of the room. The plain-

tiff saw their faces from gaps of the door and the plaintiff got nervous, and therefore did not come

out of two-room apartment. The said persons threatened the plaintiff to vacate the premises im-

All copyrights reserved to VIDHIGYATA

 9

mediately. However, then the neighbourers gathered there and they restrained the defendants from

dispossessing the plaintiff from the above said premises forcibly and illegally. When the neigh-

bourers threatened them, they left the spot with a threat to come after one or two days with heavy

force to dispossess the plaintiff from the above said premises forcibly and illegally.

11. That on ……(date), the plaintiff again went to the police post ……. to lodge the report against the

defendants but no Police Officer of police post ……. is ready to listen against the defendants and

they advised the plaintiff to approach to the competent court of law to seek his remedy and to get

injunction order against the defendants and the police post ……..

12. That the plaintiff has no other efficatious remedy except to approach to this Hon'ble court for

seeking relief of injunction against the defendants from interfering in the peaceful possession of

the premises no. __________Uttam Nagar, New Delhi.

13. That the cause of action arose on different date when the defendants threatened the plaintiff to

vacate the premises no. __________Uttam Nagar, New Delhi and threatened the plaintiff of dire

consequences and further to dispossess him from the above premises bearing no.__________ Ut-

tam Nagar, New Delhi forcibly and illegally. The cause of action lastly arose on ……. when the

defendants again threatened and tried to dispossess the plaintiff from the premises no. ______ Ut-

tam Nagar, New Delhi forcibly and illegally with the connivance of the Local Police. The cause

of action still subsists as the threat of the defe ndants to dispossess the plaintiff and to create dis-

turbance in the peaceful possession of the premises no._______ Uttam Nagar, New Delhi contin-

ues.

14. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which court

fee of Rs. ___________is paid.

15. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of
2. action arose at Delhi and the suit property is situated within the territorial jurisdiction of this

Hon’ble Court.

PRAYER:

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

All copyrights reserved to VIDHIGYATA

 10

a) pass the decree for Permanent Injunction in favour of the plaintiff and against the defendants

thereby restraining the defendants, their representatives, employees, agents etc. from dispos-

sessing the plaintiff forcibly and illegally from the tenanted premises bearing no._________ Ut-

tam Nagar, New Delhi and also from interfering in the peaceful possession of the above said

premises.

b) award cost of the suit in favour of the Plaintiff and against the Defendants;

c) pass such other and further order(s) as may be deemed fit and proper on the facts and in the cir-

cumstances of this case.

Place: PLAINTIFF

Date: THROUGH ADVOCATE

VERIFICATION:

Verified at Delhi on this …..of January 20… that the contents of paras 1 to .. of the plaint are true to

my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its busi-

ness, those of paras .. to … are true on information received and believed to be true and last para is the

humble prayer to this Hon’ble Court.

Plaintiff

[NOTE : This plaint has to be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 11

APPLICATION FOR TEMPORARY INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI
IA NO. ___________OF 20…
IN
SUIT NO. ___________OF 20...
IN THE MATTER OF:

Sh. Om Veer Singh,

S/o ____________
R/o …… PLAINTIFF/APPLICANT
VERSUS
1. Dr. U. Basu,
S/o ___________
R/o …..
2. Sh. Tapan Kumar,
S/o ___________
R/O …. DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2

READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before

this Hon’ble Court.

2. That the contents of the accompanying suit for permanent injunction may kindly be read as a part

and parcel of this application which are not repeated here for the sake of brevity.

3. That the plaintiff/applicant has got a prima-facie case in his favor and there is likelihood of suc-

cess in the present case.

4. That in case the defendants are not restrained by means of ad-interim injunction for dispossessing

the plaintiff from the above said premises no. _________ Uttam Nagar, New Delhi and from in-

terfering in physical peaceful possession of the above said premises, the plaintiff shall suffer irre-

pairable loss and injury and the suit shall become anfractuous and would lead to multiplicity of

the cases.

5. That the balance of convenience lies in favour of the plaintiff and against the defendants.

PRAYER:

All copyrights reserved to VIDHIGYATA

 12

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

a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants, agents

and their representatives from interfering into the peaceful physical possession of the plaintiff in

the above said premises and from dispossessing the applicant/plaintiff from the same.

b) pass such other and further order(s) as may be deemed fit and proper on the facts and in the cir-

cumstances of this case.

PLAINTIFF /APPLICANT

Place: THROUGH ADVOCATE

Date:

[NOTE : This Application has to be supported by an affidavit].

*****

All copyrights reserved to VIDHIGYATA

 13

APPLICATION UNDER ORDER XXXIX RULE 2-A

IN THE COURT OF SH.______SENIOR CIVIL JUDGE (DISTRICT ___________),
DELHI
IA NO.____________OF 20..
IN
SUIT NO.___________OF 20..
IN THE MATTER OF:
ABC ...PLAINTIFF/APPLICANT
Versus
XYZ …DEFENDANT/RESPONDENT

APPLICATION UNDER ORDER XXXIX RULE 2-A READ WITH SECTION 151 OF THE

CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

1. That the above noted suit for injunction is pending before this Hon’ble Court and the contents of

the plaint be read as part of this application. The plaintiff/applicant is tenant in suit premises bear-

ing House No………………, Uttam Nagar, New Delhi and the defendant is landlord of the same.

2. That on an application U/O 39, R 1 & 2 for interim stay against interference in peaceful posses-

sion of the plaintiff/applicant as well as dispossession from the said premises, without due process

of law was filed by the plaintiff/applicant against the defendant/respondent alongwith the plaint.

3. That on……..(date) this Hon’ble Court was pleased to grant interim injunction in favor of the

plaintiff/applicant and against the defendant/respondent for not to interfere in the peaceful posses-

sion of the plaintiff/applicant and not to dispossess him without due process of law from the suit

property.

4. That on dt. …………..the defendant/respondent inspite of the service and knowledge of the above

interim injunction orders dt …………., took forcible possession of the suit premises with the help

of anti social elements in utter disregard of the orders of this Hon’ble Court and the appli-

cant/plaintiff’s household goods were thrown on the roadside.

5. That the defendant/respondent has thus knowingly and willfully disobeyed and violated the in-

junction orders issued by this Hon’ble Court on ………… (date) and he is as such guilty of diso-

All copyrights reserved to VIDHIGYATA

 14

bedience of the orders of this Hon’ble Court and has rendered himself liable to be detained in civil

imprisonment and attachment of his property. List of properties is attached.

PRAYER:

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

a) take appropriate action U/O 39 R 2-A of the Code of Civil Procedure and other provisions of

law may be taken against the defendant/respondent and his property may be directed to be at-

tached and he may be directed to be kept in civil imprisonment for the maximum term.

b) direct restoration of the possession of the suit property to the plaintiff/applicant.

c) any other appropriate orders/directions may also be passed as may be deemed fit in the facts

and circumstances of the case in favour of plaintiff/applicant.

Place: PLAINTIFF/APPLICANT

Dated: THROUGH ADVOCATE

(Note: An affidavit, duly attested by oath commissioner, in support of this application is to be

attached with to this application)

*****

All copyrights reserved to VIDHIGYATA

 15

APPLICATION TO SUE AS AN INDIGENT PERSON

IN THE COURT OF……….., ROHINI COURT (DIST…..), DELHI

SUIT NO…….OF…….
IN THE MATTER OF:
X ___________
S/o _________________
R/o _________, New Delhi …APPLICANT/PLAINTIFF
VERSUS
Y ___________
S/o _________________
R/o _________, New Delhi …RESPONDENT/DEFENDANT
APPLICATION UNDER ORDER XXXIII READ WITH SECTION 151 OF THE
CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:

1. That the applicant has filed the above titled suit which is pending disposal before this Hon’ble
Court.
2. That the contents of the accompanying suit may kindly be read as a part and parcel of this appli-
cation which are not repeated here for the sake of brevity.
3. That the applicant is an indigent person and has no movable or immovable property and has no
source of income. Therefore is unable to pay the requisite amount of court fee stamp as required
by law.
4. That the applicant undertakes to pay the entire court fee if the case is decreed in his favor.
5. That there are sufficient reasons for the acceptance of the present application and for granting
permission to the applicant to institute the present suit as an indigent person.

PRAYER:

It is therefore most respectfully prayed that the Hon’ble Court may:

a) allowed to sue as an indigent person in the interest of justice.
b) to pass such further orders/directions as it may deem fit and proper.

APPLICANT
Date: THROUGH
Place: ADVOCATE
[Note: The petition must be supported by an affidavit].

*****

All copyrights reserved to VIDHIGYATA

 16

SUIT FOR EJECTMENT AND DAMAGES

BEFORE THE SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI

SUIT NO.________________OF 20..

IN THE MATTER OF,

Mrs. Surjit Kaur Sahi W/O
Mr. Avinder Singh Sahi S/
Both R/o ___________, Chandigarh …. PLAINTIFFS
VERSUS
Power Grid Corporation of India Ltd.
Hemkunt Chamber, Nehru Place, New Delhi-110029
Through its Chairman/Managing Director …DEFENDANT

SUIT FOR EJECTMENT AND DAMAGES FOR WRONGFUL USE AND OCCUPATION

MOST RESPECTFULLY SHOWETH:

1. The plaintiff being the owners of flat no. _____Nehru Place, New Delhi let out the said flat to

M/s. National Power Transmission Corporation Limited (a Government of India undertaking)

now called as Power Grid Corporation of India Limited, having their registered office at Hemkunt

Chamber, Nehru Place, New Delhi-110 019 for a period of three years with effect from

……(date) vide unregistered Lease deed (copy annexed as Annexure ‘A’). The delivery of the

possesson of the said premises was simultaneous on the said date.

2. That the period of three years referred above starting from …….. expired on ……. That after the

expiry of the said Lease the defendant became a month to month tenant of the plaintiffs.

3. That the plaintiffs being in need of the premises in question approached the defendant for vaca-

tion of the same on various dates (give dates). However, the defendants who were approached

through their officers did not agree to the plaintiff’s demand. The plaintiffs thereafter served a le-

gal notice through their Counsel, Shri _______ (copy annexed as Annexure ‘B’ ) under section

106 of Transfer of Property Act terminating the said tenancy on mid-night of…….(date)

4. That the defendant received the plaintiff’s legal notice U/s. 106 of the Transfer of property Act on

…..(date) i.e. clear 15 days before the last day of ……(date) and thus is a valid notice under the

Transfer of Property Act (proof of the service of legal notice is annexed to same as Annexure ‘B’)

All copyrights reserved to VIDHIGYATA

 17

5. That however, the defendant even after receiving the said legal notice have neither vacated the

premises nor shown their intention to vacate. Thus the defendant from ……(date) are in wrongful

use and occupation @ Rs. 1,000/- per day as the rate of rent in the area are for such premises pre-

vailing and the plaintiffs have rightly assessed the rate of Rs. 1,000/- per day. The same rate was

demanded in the legal notice dated…... That since the premises were needed by the plaintiffs for

their own purposes they will have to take on rent the premises of same size in the same area

where the flat is situated and the plaintiffs have done a market survey during the search for the flat

and found that the rate of rent in the area is Rs. 100/- to Rs. 150/- per sq. feet. The plaintiffs own

flat which is 370 sq. ft. super area will be available in the market for Rs. 37000/- to 55,500/- per

month. The plaintiffs does not have means to take on rent a flat for own purposes at such high

rates and thus needed the flat and for this reason asked the defendant to vacate the premises.

6. The defendant is presently paying a monthly rent of Rs. 6808/- per month (Rupees six thousand

eight hundred eight) for the plaintiffs flat measuring 370 sq. ft. super area. The plaintiffs premises

are not governed by the Delhi Rent Control Act as the rate of rent is more than Rs. 3,500/- and

thus the Hon’ble Court has jurisdiction to try the matter.

7. The cause of action in the present case arose on ___________when the plaintiffs approached the

defendant for the vacation of the said flat. The cause of action further arose on___________ when

the plaintiffs again approached the officers of the defendant for the vacation of the flat who how-

ever did not oblige. The cause of action further arose when the plaintiffs served a legal notice dat-

ed …… through their advocate Shri Ajit Panday asking the defendant to vacate the same by …….

The said notice was duly received on …… However, the defendant did not vacate the flat in ques-

tion. The cause of action in the present case is a continuing one.

8. That since the property whose possession is sought is situated in Delhi. The Lease for the premis-

es was executed in Delhi and delivery of possession made in Delhi. And since the premises are

not covered by Delhi Rent Control Act. The Hon’ble Court has jurisdiction to try the matter.

9. That the court fee payable has been calculated advalorem as per the chart/section 7 of the Court

Fee Act on the annual rent received by the plaintiffs. The annual rent is Rs. …………..arrived at

All copyrights reserved to VIDHIGYATA

 18

by multiplying monthly rent of Rs…………. by 12. On this a court fee of Rs. ……. is paid. The

plaintiffs undertake to pay any additional court fee that may be found due by the Hon’ble court.

PRAYER:

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

a) pass a decree for ejectment against the defendant and in favour of plaintiffs ;

b) pass a decree for payment of damages @ Rs. 1,000/- per day for wrongful use and occupation of

the flat by the defendant ;

c) Any other relief deemed fit and proper may also be given.

d) Costs of the case may also be given.

PLAINTIFFS

Place: THROUGH

Dated ADVOCATE

VERIFICATION :

Verified at Delhi on … day….. of , 20… that the contents of paras 1 to …. are true to our

personal knowledge and those of paras … to …. are true & correct on the basis of legal

advice received and belived to be true. Last para is prayer to the Hon’ble Court.

PLAINTIFFS

[NOTE : This plaint has to be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 19

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

IN THE COURT OF…………….., ROHINI COURT (DIST…….), DELHI

SUIT NO. ………OF………
IN THE MATTER OF:
X ___________
S/o _________________
R/o _________, New Delhi …PLAINTIFF
VERSUS
Y ___________
S/o _________________
R/o _________, New Delhi …DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a resident of………

2. That the defendant is the absolute owner of the property bearing no…….admeasuring (give
details of the property) (hereinafter refered to as the suit property).
3. That the plaintiff was in need of the property for residential purpose and came to know that
the Defendant is interested in selling the suit property.
4. That the plaintiff approached the defendant for purchasing the suit property on…..(date) and
the plaintiff and the defendant discussed the terms and conditions.
5. That on….(date), the plaintiff and the defendant entered into an agreement in writing whereby
the defendant agreed to sell his property to the plaintiff for Rs……….. The copy of the
agreement is annexed as Annexure A.
6. That the plaintiff paid Rs………to the defendant as earnest money and it was decided that the
balance of Rs……..will be paid on….... and the sale deed will be executed on the possession
of the suit property will be handed over to the plaintiff on the payment of the balance amount.
7. That on……(date), the plaintiff approached the defendant and requested him to execute the
sale deed along with handing over of the possession of the suit property to the plaintiff. How-
ever, the defendant refused to execute the sale deed.
8. That the plaintiff approached the defendant for execution of the sale deed on various occa-
sions (mention the dates), however, the defendant refused to execute the sale deed on one pre-
text or the other.
9. That the plaintiff finally issued a legal notice dated…..(date) to the defendant calling upon the
defendant to perform his part of the agreement by executing the sale deed and handing over

All copyrights reserved to VIDHIGYATA

 20

the possession of the suit property to the plaintiff. However, the defendant failed to comply
with his part of the agreement and did not reply to the legal notice.
10. That the plaintiff is ready and willing to perform his part of agreement by paying the balance
amount.
11. That the cause of action arose on…..(date) when the defendant agreed to sell the suit property
to the plaintiff. The cause of action further arose on………….. It further arose……That the
cause of action is still subsisting as the defendant has refused to perform his part of the
agreement.
12. That the suit is within the period of limitation.
13. That this Hon’ble Court has jurisdiction to entertain this suit because the cause of action arose
within the territorial jurisdiction of the court.
14. That the requisite court fees have been paid.
PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a. pass a decree of specific performance of the agreement in favour of the plaintiff and
against the defendant directing the defendant to execute the sale deed and hand over the
possession of the suit property to the plaintiff,
b. award cost of the suit in favour of the plaintiff and against the defendant; and
c. pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.
PLAINTIFF
Place: THROUGH
Date: ADVOCATE

VERIFICATION:
Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
ordinary course of its business, those of paras …. to 14 are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

PLAINTIFF
[NOTE : The above plaint must be supported by an Affidavit]

*****

All copyrights reserved to VIDHIGYATA

 21

MODEL DRAFT FOR WRITTEN STATEMENT

IN THE COURT OF SHRI ……………… CIVIL JUDGE (DISTRICT __________), DELHI

SUIT NO. ……………………OF 2026

X_______________ … PLAINTIFF

VERSUS

Y_________________ …..DEFENDANT

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1. That the suit is barred by limitation under Article .......... of the Limitation Act and is liable to be
dismissed on this ground alone.
2. That this Hon’ble Court has no jurisdiction to entertain and try this suit because.....................
3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is
therefore liable to rejected outrightly.
4. That there is absolutely no cause of action in favour of the Plaintiff and agianst the Defendant. The
suit is therefore liable to be rejected on this ground also.
5. That the suit is bad for non-joinder of necessary parties, namely ..........................
6. That the suit is bad for mis-joinder of Z.
7. That the suit is barred by the decree dated ................... passed in suit No....................... titled Y Ver-
sus X by Sh. ..........................., Sub-Judge, Delhi, The present suit is therefore barred by the principle
of res-judicata and therefore liable to be dismissed on this short ground alone.
8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing
No.................. is pending in the Court of Sh. ......................., Sub-Judge, Delhi
9. That the suit has not been properly verified in accordance with law.
10. That the Plaintiff’s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief
Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of
contract by the Defendant. Assuming, though not admitting, that the Defendant has committed any
alleged breach, the remedy available to the Plaintiff is by way of the suit for specific performance.
11. That the Plaintiff’s suit for permanent injunction is also barred by Section 41 (i) of the Specific
Relief Act because he has not approached this Hon’ble Court with clean hands and his conduct has
been most unfair, dishonest and tainted with illegality.

All copyrights reserved to VIDHIGYATA

 22

12. That the Plaintiff’s suit for declaration is barred by Section 34 of the Special Relief Act as the
plaintiff has omitted to claim further consequential relief available to him.
13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service
cannot be enforced.
14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory notice
under Section 80 of the Code of Civil Procedure/Section 14 (1) (a) Rent Control Act/Section 478 of
the Delhi Municipal Corporation Act.
15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of the
Indian Partnership Act and as such is not competent to institute this suit.
16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988,
and is therefore liable to be dismissed outrightly.\
ON MERITS :

Without prejudice to the preliminary objections stated above, the reply on merits, which is without
prejudice to one another, is as under:-
1. That the contents of para 1 of the plaint is correct and is admitted.
2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff be put to
the strict proof of each and every allegation made in the para under reply.
3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically
denied that the Plaintiff is the owner of the suit property. As a matter of fact, Mr. N is the owner of the
suit property.
4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the suit
property. However, the remaining contents of para under reply are absolutely incorrect and are denied.
It is specifically denied that...................... 5-10. (Each and every allegation must be replied specifical-
ly depending upon the facts of each case. The above reply on merits is therefore only illustrative in
nature.)
11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the
Plaintiff and against the Defendant because....................... The plaintiff is therefore liable to be reject-
ed out rightly.
12. That the contents of para 21 is not admitted. This Hon’ble Court has no jurisdiction to entertain
this suit because the subject matter of this suit exceeds the pecuniary jurisdiction of this Hon’ble
Court.
13. The the contents of para 13 is not admitted. The suit has not been properly valued for the purpose
of court fee and jurisdiction. According to the Defendant the correct valuation of the suit is
Rs...................
PRAYER:

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

All copyrights reserved to VIDHIGYATA

 23

a) Dismiss the suit of the plaintiff.

b) Award costs to the defendant.
c) Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT
Place: THROUGH
Dated ADVOCATE

VERIFICATION:

Verified at Delhi on … day….. of , 20… that the contents of paras 1 to …. Of the preliminary objec-
tion and para…to… of reply on merits are true to my personal knowledge and those of paras … to
….of preliminary objection and para…to… of reply on merits are true & correct on the basis of legal
advice received and belived to be true. Last para is prayer to the Hon’ble Court.

DEFENDANT

[NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be verified
and supported by affidavit]

*****

All copyrights reserved to VIDHIGYATA

 24

CAVEAT UNDER SECTION 148-A OF CPC

IN THE HIGH COURT OF DELHI AT NEW DELHI
CAVEAT NO. /2026
(ARISING OUT OF THE JUDGMENT AND ORDER DATED ……… IN SUIT NO. …… TI-
TLED AS ABC v. XYZ PASSED BY SH. ___________, CIVIL JUDGE, _______________ DIS-
TRICT, DELHI)
IN THE MATTER OF:
XYZ
S/o
R/o …PETITIONER
VERSUS
ABC
S/o
R/o …RESPONDENT/CAVEATOR

CAVEAT UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE, 1908

BY RESPONDENT/CAVEATOR

Most Respectfully Showeth:

1. That Sh. ___________________, Civil Judge, ______________ District, Delhi has passed order
against appellants in Civil Suit No. …………….. titled as ABC v. XYZ on ……………, whereby
application for amendment U/O VI Rule 17 CPC filed by plaintiff/would be petitioner, was dismissed.
2. That the caveator is expecting that the plaintiff/would-be petitioner may file a Civil Misc. (Main)
Petition under Article 227 of Constitution of India against said order in this Hon’ble Court as such this
caveat is being filed.
3. That the caveator has a right to appear and contest the Civil Misc. (Main) Petition if preferred by
the plaintiff/would-be petitioner.
4. That the caveator desires that he may be given the notice of the filing of the Civil Misc. (Main) Pe-
tition as and when the same is filed by the plaintiff/would-be petitioner, to enable caveator to appear
at the time of hearing for admission and no stay may be granted without hearing the cavea-
tor/respondent.
5. That a copy of this caveat has been sent by Regd. A/D post to the plaintiff/would be
Petitioner.
PRAYER:
It is, therefore, most respectfully prayed that nothing may be done in Civil Misc. that may be
filed by the petitioner without notice to the caveator or his counsel.

CAVEATOR
Delhi THROUGH
Dated: ADVOCATE

(Note: An affidavit of the caveator, duly attested by oath commissioner, in support of this
application is to be attached with to this application.)
*****

All copyrights reserved to VIDHIGYATA

 25

TRANSFER PETITION UNDER SECTION 25 OF CPC

Sec 25 of CPC 1908 states that on an application made by a party and after notice to the parties
and after hearing them the Supreme Court may at any stage if satsfied that such a order is
needed in the interest of justice may under this section order that any suit, appeal or any other
proceeding be transferred from a High Court or other civil court in one state to High Court or
other civil court in another state.
IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL JURISDICTION
TRANSFER PETITION (CIVIL) NO. _____ OF 2026
(UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, READ WITH ORDER XLI,
SUPREME COURT RULES, 2013.)
IN THE MATTER OF:

J ___________ S/o __________ R/O ________ …PETITIONER

VERSUS
1. Union of India,
Through its Secretary,
Ministry of Defence,
South Block,New Delhi-110001

2. Chief of Air Staff,

Vayu Bhawan,
New Delhi-110001.

3. Air Officer Commanding –in-Chief

Western Air Command,
Subrato Park, New Delhi-110010

4. Group Captan A ______

Station Commander, Air Force
Station Suratgarh.

5. Presiding Officer
Court Martial, Subrato Park,New Delhi. …RESPONDENTS

IN THE MATTER OF:

TRANSFER OF CIVIL WRIT PETITION NO.727/2026 FILED BY THE PETITIONER AGAINST
THE RESPONDENTS PENDING IN THE HIGH COURT OF DELHI AT NEW DELHI, TO THE
HIGH COURT OF JUDICATURE AT ALLAHABAD.
To
The Hon’ble Chief Justice of India,
And his Companion Justices of the Hon’ble Supreme Court of India at New Delhi

MOST RESPECTFULLY SHOWETH:

1. That the petitioner is seeking Transfer of Civil Writ Petition No.727/2026 filed by the

All copyrights reserved to VIDHIGYATA

 26

Petitioner against the respondents pending in the High Court of Delhi at New Delhi, to the
High Court of Judicature of Allahabad, titled “JWO BP Misra Versus Union of India & Ors.”
2. BRIEF FACTS:
i. The Petitioner joined as Airmen in the Trade Flight Mechanic Air Frame and later after conversion
course became Air Frame Fitter after passing the necessary examination and training. During the peri-
od petitioner also gained a promotion to the rank of Corporal, Sergeant and later Junior Warrant Of-
ficer – Class-II, a Gazetted post. The Petitioner was also awarded three good conduct badge Pay each
after 4 year of Services for very good character and good proficiency in his trade. There was no whis-
per of any kind of misconduct while working at various places during 22 year of service as per the
directions of the Respondents. The same is a matter of record and speaks in volumes about the Char-
acter and Trade proficiency of the petitioner.
ii. The Petitioner got his last rank after passing due examination and consideration of last Annual
Confidential Report (ACRS) significantly in the year 1998 the Petitioner was awarded in assessment
94 / 100 as exceptional which speaks about the high caliber of the Petitioner in his trade.
iii. The Petitioner was compelled to file a Redress of Grievances ROG against Respondent No.6 for
non grant of leave and unwanted harassment in many ways i.e. sending on temporary duty assigning
Secondary Duties, not granting of leave and denial of even monthly salary for four months which is a
matter of record. The Petitioner has one son suffering with asthmatic problem and came on posting to
present place as per the Medical advice of the authorities.
iv. The Petitioner was charge sheeted and later the same was dropped as he has complained about the
grievances against his Squadron Technical Officer (STO) for illegal harassment.
v. The petitioner has all the apprehensions of his life as such filed a FIR at the Police Station for seek-
ing protection from the officials of the Respondents. The Security Officer of the Respondents gave
undertaking before the Police on behalf of Respondents that no harm will be done to the Petitioner.
After withdrawing the Complaint by the Petitioner, the Petitioner was immediately sent on temporary
duty to Nalia in Gujarat due to irritation of complaint. The Petitioner had no alternative but to proceed
as directed without being his turn. The harassment of the Petitioner continued at the behest of the Re-
spondent No.6 Commanding Officer C.O. and his Subordinates. After strong and heavy earth quake in
whole of the Gujarat in the morning the Petitioner was directed to go back to his Unit knowing full
well of non-availability of transport which was totally abandoned due to the earth quake, the same is
matter of record. However the Petitioner has to beg for his food and somehow reached his unit to
avoid wrath of the Respondents by way of disciplinary action for misconduct of not disobedience.
vi. The Petitioner aggrieved by such highhandedness of the Respondents filed an Appeal under 26 of
Air Force Act for redressal of his grievances. The Petitioner gave a reminder for disposal of his appeal
under Section 26 of the Air Force Act. The Appeal was rejected without speaking order with stereo
type of order devoid of merits. The Petitioner filed application for permission to file Civil Case and
for grant of leave. The same was not granted by the Respondents and even denied the acknowledg-
ment of the receipt. Application for extension of service was rejected and ordered to be discharged.
The Petitioner was orally threatened to abstain from raising such applications.
vii. The Petitioner was put under Close arrest without informing his family as even directed by the
Hon’ble Supreme Court in D.K. Basu’s case, which curtails the liberty of the Petitioner in an illegal
manner. The reasons are yet to be known. The Petitioner sought interview with the Station Command-
er which was granted later on 9.10.2001. The Station Commander instead of redressing of the griev-
ance and consoling the Petitioner for his illegal close arrest further threatened the Petitioner with a
dire consequence and of further putting him under close arrest and threatened for Court Martial.
viii. The Petitioners Summary of Evidence 2nd is completed in an illegal manner without providing
him a copy of the previous Summary of Evidence which is mandatory to meet the requirements of

All copyrights reserved to VIDHIGYATA

 27

principles of Natural Justice. The petitioner is now informed that he is likely to Court martial led by
way of GCM. And since last 4 months the Petitioner is under constant threat of disciplinary action at
the hands of the Respondents for no fault of his whereas all officials under the Respondents have
joined hands together to harass the Petitioner by all means and make example case for others. The
Petitioners extension application is also rejected as the last Respondent has spoiled his ACR for the
year 2003 and 2005 without any communication to the Petitioner or in Counseling to the Petitioner as
provided under the provisions of the Air Force Act. Hence Writ Petition No.727 of 2026 filed for ini-
tiation of appropriate enquiry and disciplinary action against the officials for illegal harassment of the
Petitioner and for quashing of the ACRs 2003 & 2005 and subsequent order of discharge.
ix. Respondents decided to conduct General Court Martial in retaliation to certain observations and
queries by this Hon’ble Court to explain the reason of close arrest in September, 2026. That no legal
aid or defense Advocate was provided. All members were ignorant about law and worked at the tune
of the Judge Advocate and all pleas of petitioner were disallowed in arbitrary manner. Preliminary
objections were not taken by General Court Martial on record. The Petitioner approached Hon’ble
High Court of Delhi by way of Civil Misc. Application in which notice was issued. General Court
Martial without adhering to law and provisions and principles of natural justice passed the order, “to
be reduced to the rank of Cpl. from JWO (JCO) subject to confirmation.” The copy of the order was
not given to the Petitioner to deprive him to approach this Hon’ble Court. The Petitioner was released
from open arrest which speaks in volumes about the high-handedness of the Respondents to deprive
him of any legal aid or counseling by any one. Proceeding copy of General Court Martial were denied
to the Petitioner by which denied the statutory right of Appeal u/s 161 (1) of Air Force Act. Even affi-
davit of defense witness was not taken on record.
x. The Petitioner was discharged. Pension stopped. Regular threat to life is given as numerous inci-
dents of elimination of Airmen who raise voice against commissioned officers. The Petitioner is in
bad financial state and has no money to meet his day to day expenses. The petitioner has no means to
incur heavy expenditure in travelling to Delhi for conduct of his case. The petitioner also feels that his
life will be put to an end by the respondents. Fearing safety of his life the petitioner has moved his
family bag and baggage to District Pratapgarh (U.P.). That the High Court of judicature at Allahabad
are near to the place of residence of the petitioner and the petitioner feels that the writ Petition No.
727 of 2026 titled B.P. Mishra V/s U.O.I. be transferred to the High Court of Judicature at Allahabad
as the petitioner has no trust and faith in the respondent and they can stoop to any level and the peti-
tioner fears for his life. Hence the petitioner is seeking transfer of his case to the High Court at Allah-
abad.
3. This Transfer Petition is being filed by the Petitioner for transferring the Civil Writ Petition
No.727/2026 filed by the Petitioner at the High Court of Delhi at New Delhi on amongst others the
following grounds.

GROUNDS
I. Because the Petitioners have no trust and faith in the respondents as they are prejudiced and using
influence and every other illegal method to defeat the petitioner. Thus the petitioner is seeking the
transfer of the case from the High Court of Delhi at New Delhi to High Court of Judicature at Allaha-
bad.
II. Because the petitioner have no trust and faith in Opposite party as they had in past acted with mal-
ice and making life threatening attempts and petitioner fears for his and of his family’s life.
III. Because the petitioner is discharged from service and is not getting Pension and dues and petition-
er is reduced in state of penury and is not in a position to conduct case in Delhi.

All copyrights reserved to VIDHIGYATA

 28

IV. Because on 31.5.2026 the Petitioner was discharged. His pension stopped and he received regular
threat to life is given as numerous incidents of elimination of Airmen who raise voice against com-
missioned officers.
V. Because the Petitioner is in bad financial state and has no money to meet his day to day expenses.
The petitioner has no means to incur heavy expenditure in travelling to Delhi for conduct of his case.
The petitioner also feels that his life will be put to an end by the respondents. Fearing safety of his life
the petitioner has moved his family bag and baggage to District Pratapgarh (U.P.). That the High
Court of judicature at Allahabad are near to the place of residence of the petitioner and the petitioner
feels that the writ Petition No. 727 of 2026 titled B.P. Mishra V/s U.O.I. be transferred to the High
Court of Judicature at Allahabad as the petitioner has no trust and faith in the respondent and they can
stoop to any level and
The petitioner fears for his life.
VI. Because in the facts and circumstances stated above, it would be in the interest of justice that the
said Civil Writ Petition No. 727/2026 filed by the petitioner against the respondents pending in the
High court of Delhi at New Delhi be transferred to High Court of Judicature at Allahabad (U.P.).
Even otherwise there is no likelihood of disposal of writ petition No. 727/2026 due to heavy back log
of cases. The copy of the civil writ petition No.727 / 2026 is Annexure P-1.
4. That the petitioner has not filed any other similar transfer petition before this Hon’ble Court so far
in respect of this matter.

PRAYER:

In view of the above facts and circumstances, it is respectfully submitted that this Hon’ble Court may
be pleased:
a) To pass order for transfer of the Civil Writ Petition No. 727/2026 filed by the Petitioner against the
respondent titled “JWO BP Mishra Vs. Union of India” from High Court Delhi at New Delhi to the
High Court of Judicature at Allahabad.
b) Any other and further order as may be deemed fit and proper may also be passed.

FILED BY:

DATE OF DRAWN _______________

DATE OF FILING ADVOCATE FOR THE PETITION-

ER

NEW DELHI

[NOTE : To be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 29

EXECUTION APPLICATION
IN THE COURT OF ____________________________
EXECUTION PETITION NO. _____ OF 2026
IN
CIVIL SUIT NO. ________ OF 2026
A … DECREE HOLDER
Versus
B …JUDGMENT DEBTOR
THE DECREE HOLDER PRAYS FOR EXECUTION OF THE DECREE/ORDER
DATED DD/MM/YYYY, THE PARTICULARS WHEREOF ARE STATED IN THE
COLUMNS HEREUNDER:-
Police Station:-
1. No. of Suit
2. Name of Parties

3. Date of Decree/order of which execution is sought

4. Whether an appeal was filed against the decree / order

under execution

5. Whether any payment has been received towards satisfac-

tion of decree order

6. Whether any application was made previous to this and if

so their dates and results

7. Amount of suit along with interest as per decree or any

other relief granted by the decree

8. Amount of costs if allowed by Court

9. Against whom execution is sought

10. In what manner court’s assistance is sought

PRAYER:
The Decree Holder prays that the execution of the decree passed in the case may be granted.

DECREE HOLDER
Place: THROUGH
Date: ADVOCATE OF DECREE
HOLDER

All copyrights reserved to VIDHIGYATA

 30

VERIFICATION:

Verified on…..at……that the contents of this application are true to my knowledge or belief.

DECREE HOLDER

Note: Students are required to fill in the details in the table above as per the facts of the case.

* The application for execution shall be accompanied by a duly certified copy of the decree or

order, or by the Original, or by the Minutes of decree or order until the decree or order is

drawn up. Judge may allow execution before sealing of decree order.

*****

All copyrights reserved to VIDHIGYATA

 31

PETITIONS UNDER THE HINDU MARRIAGE ACT, 1955

Before giving any model form of application under the matrimonial laws, it is necessary to
know what kind of petitions are contemplated in matrimonial causes. The Hindu Marriage
Act, 1955, has provided for the following important petition:
1. Petition For Restitution Of Conjugal Rights (Sec. 9)
2. Petition For Judicial Separation (Sec. 10)
3. Petition For Void Or Nullity Of Marriage (Sec. 11)
4. Petition For Divorce By Dissolution Of Marriage (Sec. 13)
5. Petition For Maintenance Pendent Lite (Sec.24)
6. Petition For Alimony And Maintenance (Sec. 25)
7. Petition For Custody Of Children (Sec.26)
Such reliefs are also obtained under the Special Marriage Act, 1954, the Indian Divorce Act,
1889, and other personal laws.
Under the rules farmed by the Bombay High Court it is necessary to state the following facts
In the petition for (i) judicial separation, (ii) Nullity of marriage, and (iii) Divorce in addition
to the point given in O. VII, r. 1, C.P.C. and S. 20(1) of the Hindu Marriage Act. (i) Place
and date of marriage, (ii) name of the state of domicile of the wife and husband before and
After marriage (iii) the principal permanent address where there is any cohabited including the
Address where they raised together, (IV) birth or ages of such issues, (v) whether there had
Been any proceeding in India, if so what wren they and with what result, and on behalf of
whom? (vi) Matrimonial offences or offence charged should be set out in separate paragraphs
with time and place of its commission, (vii) property presented at or about the time of
marriage and jointly owned by both husband and wife , and (viii)relief or reliefs prayed for.
All matrimonial petitions shall lie in the Court of the District Judge (Family Courts wherever
established) within whose local limits of the jurisdiction the marriage was solemnised, or
within whose local limit of the jurisdiction the parties to the marriage last resided together, or
within whose jurisdiction the respondent has been residing; but in the Metropolis of Mumbai,
Calcutta, Chennai and Ahmadabad, these petition shall lie in the City Civil Court of the
respective JUDICIAL town.
By virtue of Section 14 Hindu Marriage Act, 1955, the Petition for Divorce cannot be
presented within one year of marriage unless leave is taken from the court to present before
on the ground of exceptional hardship.
The Petitions under Hindu Marriage act are to be presented before District Judge within the
local limits of whose jurisdiction
a) The Marriage was solemnized; or
b) The respondent at the time of presentation of the petition, resides, or

All copyrights reserved to VIDHIGYATA

 32

c) The parties to the marriage last resided together, or

d) In case the wife is the petitioner, where she is residing on the date of presentation of the peti-
tion, or
e) he petitioner is residing at the time of presentation of the petition in a case where the respond-
ent is at the time, residing outside the territories to which th Act extends, or has not been
heard of as being alive for a period of seven years or more by those persons who would natu-
rally have heard of him if he were alive.
The districts in which the Family Courts have been established under Family Courts Act,
1984, the petitions shall lie before the Principal Judge, Family Court ( Section 7 and 8 Family
Courts Act, 1984)
Every petition shall state distinctly the following facts-
(a) That the marriage of the petitioner was solemnized with the respondent in accordance
with Hindu rites and ceremonies on ….at…..and and affidavit to the effect has to be enclosed
(b) That there is no collusion between the petitioner and the other party in presenting the
petition for annulment of the marriage. This fact need not be pleaded in case of petition
under section 11 of the Act.
(c) In case the Petition for Divorce is filed on the ground of cruelty of the respondent, it
has to be specifically pleaded that the petitioner has not condoned the act of the respondent.
(d) Where the petition for divorce on mutual consent is filed, affidavits of both the
parties are to be attached.
(e) In case of petition for Restitution of Conjugal rights, it has to be pleaded that the
respondent has withdrawn from the company of petitioner without any reasonable cause.
(f) In the petition under the Act, the details regarding the status and place of residence of
the parties to the marriage before the marriage and at the time of presentation of the petition
have to be provided.

*****

All copyrights reserved to VIDHIGYATA

 33

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. OF 2026
IN THE MATTER OF:
X ………………
s/o
R/o …………………………….. … PETITIONER
VERSUS
Y ………………
w/o
R/o …………………………….. …RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF

THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies on
………(date) at……..(place). The said marriage is registered with the Registrar of marriage. A certi-
fied copy of the relevant extract from the Hindu Marriage Register……… is filed herewith. An affi-
davit, duly attested declaring and affirming these facts is also attached.
2. That the status and place of residence of the parties to the marriage before the marriage and at the
time of filing the petition are as follows:
Husband Wife

Status Age Place of Residence Status Age Place of Residence

(i) Before marriage

(ii) At the time of filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. That the (In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages).
4. That the respondent has, without reasonable excuse, withdrawn from the society of the petitioner
with effect from…………..(The circumstances under which the respondent withdrew from the society
of the petitioner be stated in few paragraphs depending upon the facts).
5. That the petition is not presented in collusion with the respondent.
6. That there has not been any unnecessary or improper delay in filing the petition.
7. That there is no other legal ground why relief should not be granted.
8. That there have not been any previous proceedings with regard to the marriage by or on behalf of
any party.

All copyrights reserved to VIDHIGYATA

 34

Or
There have been the following previous proceedings with regard to the marriage by or on behalf of the
parties:

Name of Par- Name and Location of the

[Link] ties Name of Proceedings with Section of that Act Name and year of location Court Result
(i)

(ii)

(iii)

(Choose whichever is applicable to the facts)

9. That the marriage was solemnized at……………. The parties last resided together at………… The
parties are now residing at…………………(Within the local limit of the ordinary original jurisdiction
of this Court.)
10. That this Hon’ble Court has jurisdiction to try and entertain this petition.
PRAYER:
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of restitution of conjugal rights under Section
9 of the Hindu Marriage Act in favour of the petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.

Place: Delhi PETITIONER

Date: THROUGH ADVOCATE
VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to …………..of the petition are
true to the petitioner’s knowledge and paras……………….to………………. are true to the petition-
er’s Information received and believed to be true by him/her.
Verified at……………………………… (Place)
Dated………… ………. PETITIONER

[NOTE : AN AFFIDAVIT OF PETITIONER IS TO BE APPENDED]

*****

All copyrights reserved to VIDHIGYATA

 35

PETITION FOR JUDICIAL SEPARATION

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. _______ OF 2026
IN THE MATTER OF:
X ………………
s/o
R/o …………………………….. …. PETITIONER
VERSUS
Y ………………
w/o
R/o …………………………….. ….RESPONDENT

PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF THE HINDU MAR-

RIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That the marriage was solemnized between the parties according to Hindu rites and ceremonies
on……… (date) at……………(place). The said marriage is registered with the Registrar of marriage.
A certified copy of the relevant extract from the Hindu Marriage Register………….is filed herewith.
2. That the status and place of residence of the parties to the marriage before the marriage and at the
time of filing the petition are as follows:
Husband Wife
Status Age Place of Residence Status Age Place of Residence
(i) Before marriage

(ii) At the time of filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. That the (In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages).
4. That the respondent has……..(any one or more of the grounds available under section 10 may be
pleaded here. The matrimonial offences charged should be set in separate paragraphs with times and
places of their alleged commission. The facts on which the claim to relief is founded should be stated
in accordance with the Rules and as distinctly as the nature of the case permits.)
5. (where the ground of petition is on the ground specified in clause (i) of section 13 (1). The petition-
er has not in any manner been necessary to or connived at or condoned the acts complained of.

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruel-
ty.
7. That the petition is not presented in collusion with the respondent.
8. That there has not been any unnecessary or improper delay in filing the petition.

All copyrights reserved to VIDHIGYATA

 36

9. That there is no other legal ground why relief should not be granted.
10. That there have not been any previous proceedings with regard to the marriage by or on behalf of
any party.
Or
There have been the following previous proceedings with regard to the marriage by or on behalf of the
parties:

Name of Proceedings with Section of that Name and Location of the

[Link] Name of Parties Act Name and year of location Court Result
(i)

(ii)

(iii)

(Choose whichever is applicable to the facts)

11. That the marriage was solemnized at……………. The parties last resided together at…………
The parties are now residing at………………… (Within the local limit of the ordinary original juris-
diction of this Court)
12. That this Hon’ble Court has jurisdiction to try and entertain this petition
PRAYER:
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of Judicial Separation under Section 10 of
the Hindu Marriage Act in favor of the petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.

Place: Delhi PETITIONER

Date: THROUGH ADVOCATE
VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to____ of the petition are true to
the petitioner’s knowledge and paras____ to_______ are true to the petitioner’s information received
and believed to be true by him/her.
Verified at________________ (Place)
Dated__________________________
PETITIONER
[Note : An affidavits of petitioner is to be appended.

*****

All copyrights reserved to VIDHIGYATA

 37

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. ________ OF 2026
IN THE MATTER OF:
X___________________
S/O
R/O … PETITIONER
VERSUS
Y____________________
W/O
R/O …RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That the marriage was solemnized between the parties according to Hindu rites and
ceremonies after the commencement of the Hindu Marriage Act on_______ at _________.The said
marriage is registered with the Registrar of marriage. A certified copy of the relevant extract from the
Hindu Marriage Register………….is filed herewith.
2. That the status and place of residence of the parties to the marriage before the marriage and at the
time of filing the petition are as follows:
Husband Wife
Status Age Place of Residence Status Age Place of Residence
(i) Before marriage

(ii) At the time of filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. (In this paragraph state the names of the children, if any, of the marriage together with their sex,
dates of birth or ages).
4. That the respondent…….(one or more of the grounds specified in section 13 may be pleaded here.
The facts on which the claim to relief is founded should be stated in accordance with the Rules and as
distinctly as the nature of the case permits. If ground as specified in clause (i) of Section 13 (i) is
pleaded, the petitioner should give particulars as nearly as he can, of facts of voluntary sexual inter-
course alleged to have been committed. The matrimonial offences/offences charged should be set is
separate paragraphs with the time and places of their alleged commission.)

All copyrights reserved to VIDHIGYATA

 38

5. (Where the ground of petition is on the ground specified in clause (i) of sub-section (1) of Section
13. The petitioner has not in any manner been accessary to or connived at or condoned the acts(s)
complained of).
6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruel-
ty.
7. That the petition is not presented in collusion with the respondent.
8. That there has not been any unnecessary or improper delay in filing the petition.
9. That there is not other legal ground why relief should not be granted.
10. That there have not been any previous proceedings with regard to the marriage by or on behalf of
any part.
Or
There have been the following previous proceedings with regard to the marriage by or on behalf of the
parties:

Name of Proceedings with Section of that Name and Location of the

[Link] Name of Parties Act Name and year of location Court Result
(i)

(ii)

(iii)

(Choose whichever is applicable to the facts)

11. That the marriage was solemnized at……………. The parties last resided together at…………
The parties are now residing at………………… (Within the local limits of the ordinary original juris-
diction of this Court.)
12. That this Hon’ble Court has jurisdiction to try and entertain this petition

PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13 of HMA in favor
of petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the intrest of justice and equity.

PETITIONER THROUGH ADVOCATE

All copyrights reserved to VIDHIGYATA

 39

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to_____of the petition are true
to the petitioner’s knowledge and paras_____ to ______ are true to the petitioner’s information re-
ceived and believed to be true by him/her.

Verified at____________________ (Place)

Dated_____________________________

PETITIONER
[Note : An affidavit of the petitioner is to be appended.]

*****

All copyrights reserved to VIDHIGYATA

 40

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY

MUTUAL CONSENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. _______ OF 2026
IN THE MATTER OF:
X______________________ …PETITIONER
NO. 1
AND
Y_______________________ …PETITIONER
NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MU-

TUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That a marriage was solemnized between the parties according to Hindu rites and
ceremonies on______(date) at__________(place). A certified copy of the relevant extract
from the Hindu Marriage Register is filed herewith. An affidavit, duly attested statting these
facts is filed herewith.
2. That the status and place of residence of the parties to the marriage before the
marriage and at the time of filing the petition are as follows:
Husband Wife
Status Age Place of Residence Status Age Place of Residence
(i) Before marriage

(ii) At the time of filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. (In this paragraph state the place where the parties to the marriage last resided together and the
names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. That the parties to the petition have been living separately since______ and have not been able to
live together since then. (In few paragraphs, mention the reasons for not being able to live together. In
case there is a settlement between parties, the same can also be mentioned).
5. That the parties to the petition have mutually agreed that their marriage should be dissolved.
6. That the mutual consent has not been obtained by force, fraud or undue influence.
7. That the petition is not presented in collusion.
8. That there has not been any unnecessary or improper delay in instituting the proceedings.
9. That there is no other legal ground why relief should not be granted.

All copyrights reserved to VIDHIGYATA

 41

10. That the petitioners submit that this Court has jurisdiction to entertain this petition.
(Mention how the court has jurisdiction to entertain the petition).

PRAYER:
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of divorce on mutual consent thereby dis-
solving the marriage between petitioner No. 1 and Petitioner No. 2 on the ground of mutual consent.

PETITIONER NO. 1

PETITIONER NO. 2

VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to_____.of the
petition are true to the petitioner’s knowledge and paras______ to______ are true to the
petitioner’s information received and believed to be true by him/her.

Verified at_________________(Place)
Dated___________________________

PETITIONER NO. 1

PETITIONER NO. 2

[Note : Separate affidavits of petitioner no. 1 and petitioner no. 2 to be appended]

*****

All copyrights reserved to VIDHIGYATA

 42

DRAFT AFFIDAVIT IN MATRIMONIAL PLEADINGS

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI COURT (DIST…..) ,
DELHI.
H.M.A. PETITION NO. _______ OF 2026
IN RE:-
SMT. A
W/O
R/O
…PETITIONER
VERSUS
SH. B
W/O
R/O
…RESPONDENT

AFFIDAVIT OF SMT. A, W/O…., D/O…… AGED ABOUT………, R/O…………...

I, the above named Deponent do hereby solemnly affirm and declare as under:
1. That I am the petitioner in the aforesaid matter and as such I am well aware about the facts of the
present case and thus competent to depose the same.
2. That my marriage was solemnized with the respondent, according to Hindu Rites and ceremonies
on ……. at Delhi.
3. That the present petition has not been presented in collusion with the respondent.
4. That there is no improper or undue delay in filing the present petition.
5. That the consent for filing the present petition has not been obtained by fraud, force, pressure or
undue influence.
6. That the contents of the accompanying petition U/S ………of the Hindu Marriage Act. 1955, as
amended up to date, have been drafted by my counsel as per my instructions and contents of the same
have been duly read and understood by me and after fully understanding the contents of the same, I
hereby state that the fact stated therein are all true and correct to my knowledge and the fact stated
therein may kindly be read as part and parcel of the present affidavit also as the contents of the same
have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:
I, …………….., do hereby verify on this ____day of January, 2026 at Delhi that the contents of the
above said affidavit are true and correct to my knowledge and information and nothing material has
been concealed therefrom.

DEPONENT

*****

All copyrights reserved to VIDHIGYATA

 43

APPLICATIONS UNDER THE INDIAN SUCCESSION ACT

PETITION FOR GRANT OF PROBATE
IN THE HIGH COURT OF DELHI AT NEW DELHI
(TESTAMENTARY & INTESTATE JURISDICTION)
PROBATE CASE NO. ………………OF 2026
IN THE MATTER OF:
THE ESTATE OF LATE SH……….(DECEASED)
IN THE MATTER OF:
X __________________________
S/O
R/O … APPLICANT/PETITIONER
VERSUS
1. State of______________________
2. Y __________________________
S/O
R/O …RESPONDENTS
PETITION FOR GRANT OF PROBATE

To
The Hon’ble Mr Justice………………, Chief Justice
And his Companion Justices of this Hon’ble Court
MOST RESPECTFULLY SHOWETH:

1. That the present petition is filed by the petitioner for the grant of probate in respect of the estate of
deceased Late Sh………..S/O……. At the time of his death on………the deceased was resid-
ing…………….
2. That during his lifetime before his death the deceased had bequeathed his estate in the manner spec-
ified in his last and final testament/will dated….., which was made by him in the sound state of mind.
The Original Will is annexed as Annexure A.
3. That the said will was duly made by the deceased in presence of the witnesses whose names, ad-
dressed and signatures appear at the end of the Will.
4. That by virtue of the said will, the deceased has bequeathed……(mention how the deceased has
bequeathed his estate, name, relation and the individual share of the person and also mention whether
he has excluded any of his legal heirs from the will.).
5. That a description of the relatives of the deceased, and their respective residences are given below:
(1) Son (Petitioner)
(2) Brother, Sri………….resident of………………
(3) Widow, Sreemati…………resident of………….

All copyrights reserved to VIDHIGYATA

 44

(4) Mother, Sreemati………….resident of………….

(5) Daughter, Sreemati……….resident of…………..
(All the relatives will be made as Respondents)
6. That the amount of the assets of the deceased which are likely to come to the hands of the petition-
er, are detailed in Schedule-A, which is annexed with the present petition. The petitioner has set forth
all the assets and liabilities with complete particulars of the estate of the deceased as the petitioner
could ascertain as of now with the best of his efforts.
7. That so far as your petitioner has been able to ascertain and is aware there are no properties and
effects other than those specified in the affidavit of assets.
8. That the petitioner undertakes in case of any other properties and effects coming to his hands to pay
Court-fees payable in respect thereof.
9. That there is no legal impediment to the grant of probate in favour of the petitioner.
10. That the petitioner undertakes to execute the Will of the testator as per his wishes and undertake to
take all steps as per his wishes and desires and directions of the deceased as contained in the Will an-
nexed.
11. That the petitioner is claiming the probate of the Will and has filed this petition being the named
executor in the Will.
12. That to the best of the belief of the petitioner, no petition has been made to any other court for the
purpose of the said Will.
13. That the deceased died and had a fixed abode within the territorial jurisdiction of this Hon’ble
Court. The immovable property is also situated within the jurisdiction of this Hon’ble Court and
therefore this Hon’ble Court has the jurisdiction to entertain, try and decide this petition.
PRAYER:
It is, therefore, most humbly prayed that:
a. The probate of the Will be granted to the petitioner.
b. Any other or further relief which this Hon’ble Court may deem fit just proper and necessary may
also be granted in favour of the petitioner.

Place: PETITIONER
Date: THROUGH ADVOCATE
VERIFICATION:
I, …………., S/o…………, R/o…………, the petitioner in the above petition, declare that what is
stated herein is true to the best of my information and belief. Last para is the prayer to this Hon’ble
Court.
Verified at New Delhi on this …….. day of……..

PETITIONER

All copyrights reserved to VIDHIGYATA

 45

VERIFICATION:
I, …………S/o………, R/o………, one of the witness to the last WILL and Testament of the Testator
mentioned in the above petition, declare that I was present and saw the said Testator affix his signa-
ture on the WILL annexed to the above petition and acknowledge the writing annexed to the above
petition to be his Last WILL and Testament in my presence.

WITNESS NO. 1

VERIFICATION:
I, …….. W/o………, R/o……….., one of the witness to the last WILL and Testament of the Testator
mentioned in the above petition, declare that I was present and saw the said Testator affix his signa-
ture on the WILL annexed to the above petition and acknowledge the writing annexed to the above
petition to be his Last WILL and Testament in my presence.

WITNESS NO. 2

[NOTE : To be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 46

PETITION FOR GRANT OF LETTERS OF ADMINISTRATION

IN THE COURT OF THE DISTRICT JUDGE (DISTRICT __________), DELHI
CASE NO………………UNDER ACT XXXIX OF 1925
IN THE MATTER OF A PETITION FOR LETTERS OF ADMINISTRATION

OF THE ESTATE OF THE LATE ___________________________

IN THE MATTER OF:
X ____________________________ …PETITIONER
VERSUS
1. STATE _____________________
2. Y __________________________ …RESPONDENTS

PETITION FOR GRANT OF LETTERS OF ADMINISTRATION

MOST RESPECTFULLY SHOWETH:

1. That the present petition is filed by the petitioner for the grant of letters of administration in respect
of the estate of deceased Late Sh………..S/O……. At the time of his death on………the deceased
was residing…………….
2. That during his lifetime before his death the deceased had bequeathed his estate in the manner spec-
ified in his last and final testament/will dated….., which was made by him in the sound state of mind.
The Original Will is annexed as Annexure A.
3. That the said will was duly made by the deceased in presence of the witnesses whose names, ad-
dressed and signatures appear at the end of the Will.
4. That by virtue of the said will, the deceased has bequeathed……(mention how the deceased has
bequeathed his estate, name, relation and the individual share of the person and also mention whether
he has excluded any of his legal heirs from the will.).
5. That a description of the relatives of the deceased, and their respective residences are given below:
(1) Son (Petitioner)
(2) Brother, Sri………….resident of………………
(3) Widow, Sreemati…………resident of………….
(4) Mother, Sreemati………….resident of………….
(5) Daughter, Sreemati……….resident of…………..
(All the relatives will be made as Respondents)
6. That the amount of the assets of the deceased which are likely to come to the hands of the petition-
er, are detailed in Schedule-A, which is annexed with the present petition. The petitioner has set forth
all the assets and liabilities with complete particulars of the estate of the deceased as the petitioner
could ascertain as of now with the best of his efforts.
7. That so far as your petitioner has been able to ascertain and is aware there are no properties and
effects other than those specified in the affidavit of assets.

All copyrights reserved to VIDHIGYATA

 47

8. That the petitioner undertakes in case of any other properties and effects coming to his hands to pay
Court-fees payable in respect thereof.
9. That there is no legal impediment to the grant of letters of administration in favor of the petitioner.
10. That the petitioner undertakes to execute the Will of the testator as per his wishes and undertake to
take all steps as per his wishes and desires and directions of the deceased as contained in the Will an-
nexed.
11. That the petitioner is claiming the letters of administration of the Will and has filed this petition
being the beneficiary mentioned in the Will.
12. That to the best of the belief of the petitioner, no petition has been made to any other court for the
purpose of the said Will.
13. That the deceased died and had a fixed abode within the territorial jurisdiction of this Hon’ble
Court. The immovable property is also situated within the jurisdiction of this Hon’ble Court and
therefore this Hon’ble Court has the jurisdiction to entertain, try and decide this petition.

PRAYER:
It is, therefore, most humbly prayed that:
a. The Letters of Administration of the Will be granted to the petitioner.
b. Any other or further relief which this Hon’ble Court may deem fit just proper and necessary may
also be granted in favour of the petitioner.

Place: PETITIONER
Date: THROUGH ADVOCATE

VERIFICATION:
I, …………., S/o…………, R/o…………, the petitioner in the above petition, declare that
what is stated herein is true to the best of my information and belief. Last para is the prayer to
this Hon’ble Court.
Verified at New Delhi on this …….. day of…….

PETITIONER
VERIFICATION:
I, …………S/o………, R/o………, one of the witness to the last WILL and Testament of the Testator
mentioned in the above petition, declare that I was present and saw the said Testator affix his signa-
ture on the WILL annexed to the above petition and acknowledge the writing annexed to the above
petition to be his Last WILL and Testament in my presence.
WITNESS NO. 1

All copyrights reserved to VIDHIGYATA

 48

VERIFICATION:
I, …….. W/o………, R/o……….., one of the witness to the last WILL and Testament of the Testator
mentioned in the above petition, declare that I was present and saw the said Testator affix his signa-
ture on the WILL annexed to the above petition and acknowledge the writing annexed to the above
petition to be his Last WILL and Testament in my presence.

WITNESS NO. 2

[NOTE : To be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 49

PETITION FOR THE GRANT OF SUCCESSION CERTIFICATE

IN THE COURT OF THE ADMINISTRATIVE CIVIL JUDGE, ROHINI COURT (DIST…..),
DELHI
SUCCESSION PETITION NO………OF……….
IN THE MATTER OF:
X __________________________
S/O
R/O … APPLI-
CANT/PETITIONER
VERSUS
1. STATE _____________________
2. Y __________________________
S/O
R/O …RESPONDENTS
PETITION FOR THE GRANT OF SUCCESSION CERTIFICATE IN RESPECT OF THE
GOODS, DEBTS AND SECURITIES ETC. OF …………………….(DECEASED) UNDER
SEC.372 OF THE INDIAN SUCCESSION ACT, 1925.

MOST RESPECTFULLY SHOWETH:

(1) That the above-named ………...... died at ....(residential address)..... on or about the ........ day of
................, 20....... .
(2) That the said Deceased died intestate and that due and diligent search has been made for a Will but
none has been found.
(3) That deceased named above hereinafter referred to being the said deceased who had been during
his lifetime till his death permanently residing and living at the abovesaid premises within the juris-
diction of this court and was by nationality and faith a Hindu citizen of India ruled by Dayabhaga
/Tamil School of Hindu Law.
(4) That the said Deceased at the time of his death left him surviving his only next-of-kin according to
............. law (state law) residing at……….
(5) That the Petitioner as .............(state relation) of the Deceased claims to be entitled to a share of the
estate.
(6) That there is no impediment under Section 370 of the Indian Succession Act, 1925 or
under any other provision of this Act or any other enactment to the grant of the certificate or
the validity thereof, if it were granted.
(7) That the Petitioner has truly set forth in Schedule I hereto the securities in respect of which the
certificate is applied for. The Succession Certificate is required for purpose of ............. (state the pur-
pose for which succession certificate is required). The said assets in respect of which the Succession
Certificate is required are under the value of Rs.................

All copyrights reserved to VIDHIGYATA

 50

(8) That no application has been made to any District Court or Delegate or to any High Court for Pro-
bate of any Will of the said Deceased or for letters of Administration with or without the Will an-
nexed to his property and credits.
(9) That no application for Succession Certificate in respect of and debt or security belonging to the
estate of the Deceased has been ............... (Or if made, state to what Court, by what person and what
proceedings have been taken) made to any District Court or Delegate or to any High Court.
(10) That ad valorem duty of Rs………….. payable relating to grant of Succession Certificate here-
under prayed for has been paid.
(11) That this application is made bonafide.

PRAYER:
The Petitioner therefore prays:
(i) That a Succession Certificate, may be granted to the Petitioner in respect of debts and securities set
forth in Schedule I hereto with power to collect and/or receive and/or realise the same inclusive of all
interests accrued thereon and to sell and/or negotiate and/or deal with the same without any impedi-
ment.
(ii) That the Petitioner be exempted from presenting any security on that account.

PETITIONER
THROUGH COUNSEL
VERIFICATION:
I ............ the Petitioner above named, do solemnly declare that what is stated in paragraphs ............ is
true to my knowledge and that what is stated in the remaining paragraphs is true to information re-
ceived from ........... and believed to be true.

PETITIONER

[NOTE : To be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 51

PETITIONS UNDER CONSTITUTIONAL LAW

WRITS

MEANING AND EVOLUTION OF THE CONCEPT OF WRITS:

The term ‘writ petition’ in its general connotation means a Petition filed before the competent Courts,
having prerogative powers, when some special and inherited rights of the people are infringed bu the
government or its officials.
In the common laws of English this term is well settled as a ‘prerogative writ’ which means a writ
special associated with then king. It resembled the extraordinary authority of the Crown/Court. In
English prerogative writs were issued only at the suit of the king but later on it was made available to
the subject also.

HABEAS CORPUS

Habeas Corpus is a writ requiring the body of a person to be brought before a judge or Court. In other
words, it is prerogative process for securing the liberty of the subject which affords an effective means
of immediate reLease form unlawful unjustifiable detention whether in prison or in private custody. It
is an ancient supreme right of the subject. Its object is the vindication of the right of the personal lib-
erty of the subject. The High Courts and The Supreme Court have got a very wide power of protecting
the liberty of subjects, under Art.226 and Art.32 respectively of the Constitution. These powers are to
be exercised on certain fixed judicial principles and not in an arbitrary manner. The jurisdiction can be
exercised if the Court is satisfied that the detention is illegal or improper, where the Court can also
embark upon an inquiry as to whether the enactment under which a person is detained is proper or not.
A proceeding of habeas corpus is essential of a civil character, and is concerned with the personal lib-
erty of a citizen. However, the power is exercised on the criminal side of the High Court’s appellate
jurisdiction. The High Courts and the Supreme Court exercise this power when satisfied that the mat-
ter is of urgency, and no other legal remedy is available. An application for habeas corpus may be
made by any person interested in the liberty of the detenue without unreasonable delay; and it must be
supported by an affidavit of the petitioner. Ordinarily a rule nisi (to show cause) is issued by the Court
in the first instance. It is not open to Court to go behind the reasons given by Government for the de-
tention, and it must see the motive of the impugned law and the bonafide of the Government. If the
impugned detention has been induced by malafide and some other strenuous reasons and not for bo-
nafide cause, it shall be quashed and the individual shall be set at liberty.

MANDAMUS

It is high prerogative writ of a most extensive remedial nature. The Supreme Court and high court
have power respectively under Article 32 and Article 226 of the Indian constitution to issue this writ
in the form of a command directing any person holding public office under the government or, statu-
tory bodies or, corporation or, to an inferior Court exercising judicial or quasi-judicial function to do a
particular act pertaining to his office or duty and which the court issuing the writ considers to be the
right of the petitioner and is in the interest of justice. It is not restricted to persons charged with judi-
cial or quasi-judicial; duty only. It is issued only when there is a specific legal right, but not specific
legal remedy to enforce that right. It lies for restoration, admission and election to office of a public
nature so long the office is vacant. It may , also, lie for the delivery , inspection and production of

All copyrights reserved to VIDHIGYATA

 52

public books, papers and documents provided that the petitioner has a direct tangible interest in such
books, paper and documents. It lies for the performance public duties which are not discretionary and
compel public officials to perform such public duties. Mandamus will not be issued when any alterna-
tive remedy by way of appeal or any other
remedy under any other statute is available. Article 32 is limited to the enforcement of fundamental
right of part III of the Constitution only.

CERTIORARI

The writ of Certiorari may be issued to any judge, Magistrate or person or body of person or authority
vested with judicial or quasi-judicial functions. An order of Certiorari is an order directing the afore-
said authorities and requiring them to transmit the record of the proceedings in any cause or matter to
the High Court to be dealt with there. It may be issued when the decision complained is of an authori-
ty having the legal duty to act judicially or quasijudicially, and the authority has either no jurisdiction,
or there is an excess of jurisdiction. Mainly it is issued for quashing decisions only.

PROHIBITION

The writ of prohibition is an order directed to an inferior Court or tribunal forbidding such Court or
tribunal from continuing with the proceeding of any cause or matter. It is an appropriate writ ‘to a tri-
bunal which threatens to assume or assumes a jurisdiction not vested in it, so long as there is some-
thing in the proceeding s left to prohibit.’ The difference between a writ of Prohibition and Certiorari
is that the former is issued to restrain a tribunal from doing an act before it is actually done, while the
latter may be issue during the course of the proceeding of an act and even after the act is done and the
proceeding
is concluded. Both can be issued to the person, or body, or tribunal if charged with judicial or quasi-
judicial duties.

QUO WARRANTO

It is a writ questioning a right of a person holding an office of a public nature, and direct him to show
an authority under which he is holding such office or exercising the right. In older days it lay against
the crown who claimed or usurped any office, franchise or liberty for holding an enquiry by what au-
thority he support his claim. Now, it may be issued any person holding the office of a public nature on
the application of any person without alleging the violation of his any specific right.
Any member of the public acting in good faith and whose conduct otherwise did not disentitle him to
the relief can apply to the High Court for this writ. For instance, any registered graduate of any uni-
versity can apply for the instance of this writ against any member of
University Syndicate or Executive Council or Academic Council or any such other statutory body of
that University. Likewise, a petition may lie against the Speaker, chairman or the parliament of state
legislation or any other statutory or local bodies. If the opposite party fails to support his claim, he
will be ousted from the office and may be ordered to pay fine and cost of the petition.

All copyrights reserved to VIDHIGYATA

 53

WRIT PETITION (CIVIL)

IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO. ________OF 2026

IN THE MATTER OF:

X _________ S/o _________R/o ___________ PETITIONER
VERSUS
Municipal Corporation of Delhi,
Through Its Commissioner … RESPONDENT

WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR ISSUANCE

OF PREROGATIVE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT

MOST RESPECTFULLY SHOWETH:

1. That the petitioner is a citizen of India residing at_______. The respondent is Municipal Corpora-
tion of Delhi having their office at Town Hall, Chandni Chowk, Delhi.
BRIEF FACTS:-
2. That the petitioner is aggrieved by the illegal appointments of daily wage workers by the M.C.D.
office in defiance of Notification No. MCD/LF/01-103 dated 1.2.2026 which requires the M.C.D. to
appoint only those people as Daily wage worker who are below the age of 30 years as an 01.10.2026.
The said Notification was issued after it was duly approved.
3. That the petitioner is of 27 yrs of age and was working as a daily wage worker, when on 1.12.2026
his services were terminated without notice/prior intimation. The Petitioner during his service worked
to the satisfaction of his superiors. The respondent has appointed Sh. Ompal, Sh. Ram and Smt Maya
in defiance of the said notification M.C.D./LF/01-/03 at 01.02.2026 as all the three people namely Om
Pal, Sh. Ram and Smt. Maya are more than 30 years of age as on 01.10.2025. The about named per-
sons were appointed in utter disregard of Notification. The respondent, however, removed the peti-
tioner from service although petitioner met the requirements. That the Petitioner made representation
to the respondent vide letter dated 1.12.2025, 2.1.2026 and also met the commissioner personally and
apprised them of his grievance, however nothing materialized.
4. That in spite of oral and written representations the respondent have not cared to act and are main-
taining stoic silence on the whole issue.
5. That the petitioner has thus approached the Hon’ble court on amongst others the following grounds:
GROUNDS:
(a) Because the action of the respondent is contrary to law and good conscience.
(b) Because the action of the respondent is arbitrary, unreasonable, irrational and unconstitutional.
(c) Because the respondent have no right to play with the career of the petitioner.
(d) Because the petitioner was removed from job inspite of the fact that he was below age and ful-
filled all requirements.

All copyrights reserved to VIDHIGYATA

 54

(e) Because the respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their being average
and not meeting requirements of Notification No. MCD/LF/01-103 dated 1.2.2026.
(f) Because the action of the respondent is bad in law
(g) That the Petitioner craves, leave of this Honorable Court to add, amend, and alter the grounds
raised in this petition.
6. That the cause of action in present case arose on 1.2.2026 when the respondent brought out the No-
tification No. MCD/LF/01-103 dated 1.2.2026., it further arose when on 1.12.2025 the petitioner was
removed from job inspite of the fact that he was below age and fulfilled all requirements, it further
arose when respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their being average and
not meeting requirements of Notification No. MCD/LF/01-103 dated 1.2.2026; it further arose when
representations were made to respondent orally and in writing on 1.12.2026, and 2.1.2026. The cause
of action further arose when respondent did not act inspite of the fact having brought to their notice.
The cause of action is continuing one.
7. That the Petitioner has no other alternative efficacious remedy except to approach this Hon’ble
Court by way of this writ petition.
8. That the petitioner has not filed any other similar writ petition either before this Hon’ble Court or
before the Supreme Court of India.
9. That there has been no undue delay in filing of this petition.
10. That the Hon’ble court has territorial jurisdiction to entertain the writ petition.
11. That the requisite court fee of Rs. 50/- has been affixed on this petition.
PRAYER:
The petitioner most humbly prays that this Hon’ble Court may be pleased to :-
(a) issue appropriate writ in the nature of mandamus or any other appropriate writ
directing the Respondents to cancel the illegal appointment made in disregard of Notification
No. MCD/LF/01-103 dated 1.2.2003 : and
(b) issue necessary directions to appointment of petitioner and
(c) issue any other further order/orders or direction/directions as this Hon’ble Court may
deem fit and appropriate no the facts and the circumstances of this case.

Date: PETITIONER
Place: THROUGH ADVOCATE
[NOTE : The petition will be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 55

WRIT PETITION (CRL.) FOR ENFORCEMENT OF FUNDAMENTAL RIGHT

IN THE HIGH COURT OF DELHI, AT NEW DELHI

WRIT PETITION (CRL.) NO.______ OF 2026
IN THE MATTER OF:
Mr._____
S/o Sh. ______,
R/o ______ …..PETITIONER
VERSUS
1. Union of India,
Through
Secretary to the Govt. of India
Ministry of Finance,
Department of Revenue,
North Block, New Delhi-11001

2. The Joint Secretary (PITNDPS),

to the Government of India,
Ministry of Finance,
Department of Revenue,
Room No.26, Church Road,
R.F.A. Barracks,
New Delhi -110001

3. Director General,
Directorate of Revenue Intelligence
Delhi Zonal Unit, B-3 & 4, 6th Floor,
Paryavaran Bhavan, CGO Complex,
Lodhi Road, New Delhi-110003 …..RESPONDENTS

PETI TIO N UNDER ARTI CLE 226 AND 227 OF THE CO NSTI TUTION OF I N-
DIA READ WITH SECTI ON 48 2 OF TH E BHARA TI YA NAG ARIK SU-
RAKSHA SANHITA, 2023 SEEKING IS SUANCE OF A W RIT O F MANDAMUS
AND/OR AN Y OTH E R APPRO PRI AT E W RIT, ORDE R AND/O R DI RECTION
IN THE NATURE TH EREOF, THEREBY DI RECTING THE RESPO NDENTS
TO PLACE ON RE CORD THE DETENTION ORDE R DATED 10.09.2013
PASSED IN R ESPE CT O F TH E PETI TI ONE R I SS UED UNDE R SECTION 3(1)
OF THE PREV ENTI O N O F IL LICIT TRAF FI C IN NARCOTIC DRUGS AND
PSYCHOTROPI C SUBSTA NCES ACT, 19 88 BY THE RES PONDEN T NO. 2,
ALO NGWI TH GRO UNDS O F DE TENT ION AND RELIE D UPON DO CU-
MENTS AND SI MIL AR MATERIAL IN RESPECT OF OTHE R CO-ACCUSED
PERSONS AND FURTHER SE EKING IS SUANCE OF A WRI T OF CERTI O-
RARI AND/OR ANY OTHER APPROP RIATE WRI T, ORDER AND/OR DI -
RECTION IN TH E NATURE THE REOF, THE REBY QUASHING THE SAID
DET ENTI ON O RDER P ASSED AGAINST THE PETITIO NER
MOST RESPECTFULLY SHOWETH:

All copyrights reserved to VIDHIGYATA

 56

1. That, vide the present petition the petitioner is challenging detention order dated
10.09.2013 issued under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs
and Psychotropic Substances Act, 1988 by the respondent no.2 against him, in respect of
which he has recently come to know, when some officials, claiming themselves to be police
officials, visited his abovementioned premises in the first week of this month for its execu-
tion. It is worth mentioning here that similar detention orders were issued against even oth-
er co-accused persons, namely X and Y, which have been revoked on the recommendation
of the Advisory Board, who did not find sufficient grounds for detention of those respective
detenus. Copy of such a detention order bearing No. U-11011/1/2012- PITNDPS dated
10.09.2013 qua Mr. X is enclosed herewith as Annexure A. Copies of the grounds of deten-
tion passed in support of that detention order alongwith the list of relied upon documents
are also enclosed herewith as Annexures B & C respectively.
2. That the allegations, as revealed from the grounds of detention in respect of his said co-
accused, are that the petitioner was involved with other accused persons, in the activities of
acquiring, possessing, hoarding, selling and exporting NDPS items. It is respectfully sub-
mitted that all the allegations as made in the grounds of detention are false, frivolous and
motivated ones, which is also apparent from bare reading of grounds of detention and the
documents, said to be relied upon at the time of passing the impugned detention order,
since even as per those allegations the petitioner has not committed any offence whatsoever
under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short Act). It is further
submitted that in order to falsely implicate the petitioner in the matter he was forced
/coerced to make certain involuntary statements under section 67 of the Act, which have
been duly retracted. Not only this, it is respectfully submitted that, the petitioner is made to
understand that, even other co-accused were forced/coerced to make certain involuntary and
incorrect statements from which even they have retracted at the first available opportunity.
3. That, the petitioner’s case is fully covered by the exceptions, as laid down, by the
Hon’ble Supreme Court in Alka Subhash Gadia’s case. It is respectfully submitted that re-
cently the Hon’ble Supreme Court in Deepak Bajaj vs. State of Maharashtra, 2010 (4) SCC
(Cri) 122 has summarized the law on the issue as under:
(a) Five grounds mentioned in Alka Subhash Gadia case, on which Court can set aside de-
tention order at pre-execution stage, are illustrative and not exhaustive. It was also reiterat-
ed that judgment of a court is not to be read mechanically as a Euclid’s theorem nor as if it
were a statute, hence, cannot be constructed as such.
(b) It was held that entertaining petition against preventive detention order at pre-execution
stage should be an exception and not a general rule. However, if a person against whom a
preventive detention order is passed comes to court at pre-execution stage and satisfies the
court that such order is clearly illegal, there is no reason why the court should stay its
hands and compel him to go to jail even though he is bound to be released subsequently be-
cause of illegality of such order. If a person, is sent to jail, then even if he is subsequently
released, his reputation may be irreparably tarnished. Liberty of a persona is a precious
fundamental right under article 21 and should not be lightly transgressed.
(c) Non-placement of retractions of confessional statement and other relevant material be-
fore detaining authority vitiates detention order even at pre-execution stage. Hence, on
facts, it was held that, as relevant materials were not placed before detaining authority, it
vitiated the detention order.

All copyrights reserved to VIDHIGYATA

 57

4. That, therefore, under these circumstances, it is respectfully submitted that the impugned
detention order dated 10.09.2013 is highly illegal and a nullity in the eyes of law and the
same is liable to be quashed on the following amongst other grounds which are without
prejudice and in addition to each other.

GROUNDS
A. Because though the impugned detention order was passed on 10.09.2013, but till date the
same has not been executed, despite the fact that throughout this period the petitioner was
available at home and was attending all his daily routine activities. Not only this, it is fur-
ther respectfully submitted that, the petitioner was regularly appearing before the Trial
Court in the prosecution proceedings, launched at the instance of the sponsoring authority.
It is submitted that the long and undue delay in execution of the impugned detention order
creates doubt about the genuineness qua subjective satisfaction of the detaining authority in
detaining the petitioner preventively. Therefore, in view of the exceptions of the Alka Sub-
hash Gadia’s case the impugned detention order is liable to be quashed. Copies of the rele-
vant order sheet of the Trial Court in prosecution proceedings is enclosed herewith as An-
nexure D.
B. Because the petitioner says and submits that the alleged incident took place on
23/24.10.11, however, no detention order was passed till 10.09.13, which clearly shows that
there has been long and undue delay in passing the impugned detention order, which has
snatched the nexus between the purpose of detention and the allegations, as made in the
grounds of detention. Therefore, it is apparent that the detention order has been passed on
stale incident and on this ground also the impugned detention order is liable to be quashed,
more particularly when similar detention orders under similar circumstances have already
been revoked by the respondent no. 2, on the recommendation of the Advisory Board, who
did not find sufficient cause for issuance of those detention orders.
C. Because since the date of the passing of the impugned detention order, which is for a
period of one year only, the petitioner has not come to the adverse notice of any law enforc-
ing authority. Therefore, under these circumstances, purpose of the said detention order has
already been served and nothing would be achieved by sending the petitioner into custody
pursuant to the impugned detention order, which was passed about more than 1 ½ year back
for his detention for a period of one year. It is respectfully submitted that, under these cir-
cumstances, purpose of passing the impugned detention order is no more preventive. There-
fore on this ground also the impugned detention order is liable to be quashed.
D. Because the petitioner/ detenu is a poor person and has clean antecedents. It is respect-
fully submitted that he is the sole bread earner of his family, which includes his old ailing
parents, wife and minor children. It is further submitted that grave injustice has been done
to the petitioner by executing the impugned detention order, which is even otherwise very
draconian in nature, being violative of principles of natural justice. It is submitted that, the
impugned detention order is unconstitutional.
E. It is further respectfully submitted that initiation of mere prosecution proceedings were
sufficient to prevent the petitioner from indulging in the alleged prejudicial activities.
Therefore, on this ground also the impugned detention order is liable to be quashed.
F. Because the impugned detention order is not only contrary to the facts of the case but
also contrary to the settled principles of law.
5. That, the annexures annexed with this petition are true copies of their originals.

All copyrights reserved to VIDHIGYATA

 58

6. That, no similar petition has been filed either before this Hon’ble Court or any other
Court including the Hon’ble Supreme Court of India.
7. That, the petitioner has no other efficacious remedy other than to file the present peti-
tion.

PRAYER:
In view of foregoing it is most respectfully prayed that:
(i) a writ of mandamus and/or any other appropriate writ, order and/or direction in the na-
ture thereof may kindly be issued thereby directing the respondents to place on record the
abovementioned detention order, issued under section 3(1) of the Prevention of Illicit Traf-
fic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short Act) by the re-
spondent no.2 against the petitioner dated 10.09.2013 alongwith the grounds of detention
and relied upon documents, besides the similar material in respect of other co-accused/ de-
tenus, who were detained earlier on the same set of facts and circumstances; and
(ii) further a writ of certiorari and/or any other appropriate writ, order and/or direction in
the nature thereof may kindly be issued thereby quashing the abovementioned detention or-
der dated 10.09.2013, passed by the respondent no.2; and/or
(iii) any other order, as may be deemed fit and proper under the facts and circumstances of
the case may also be passed in the matter in favour of the petitioner and against the re-
spondents.

Place: New Delhi PETITIONER

Dated: THROUGH ADVOCATES

*****

All copyrights reserved to VIDHIGYATA

 59

SPECIAL LEAVE PETITION (CIVIL)

Article 136 of the Constitution of India vests the Supreme Court with the power to grant Special
leave to appeal against any decree, order or, judgement in any cause or matter passed by any
court or tribunal in the country.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
ORDER XXI, Rule 3(1) (a), SUPREME COURT RULES 2013
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CIVIL) No. OF 2026
(Arising out of Judgment and order dated 14.12.2026 passed in Writ Petition No. 5427 of 2004 by
Hon’ble High Court of Judicature of Bombay Bench at Aurangabad)

Vasant S/o Shankar Bhavsar

Age: Major, Occu:
Residing at & Post Faijpur,
Taluka Yawal, Dist: Jalgaon. … PETITIONER
AND
1. D _____ S/o _____________
R/o _____________________ … RESPONDENT NO.1
Taluka: Bhusawal, Dist: ____
2. H ______ S/o _______________
R/o __________________ … RESPONDENT NO.2
Taluka: Bhusawal, Dist: ____
3. C_____ S/o ______________
R/o _____________________ … RESPONDENT NO.3
Taluka: Bhusawal, Dist: ____
4. P ____ S/o _______________
R/o:_____________________
Dist:____________________ …RESPONDENT NO.4

SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF CONSTITUTION OF INDIA

To
The Hon’ble Chief Justice of India and His Companion Justice of the Supreme Court of India.
The humble petition of the petitioner above named most respectfully showeth:

1. That the present petition has been filed seeking special leave to appeal in the final judgment and
order dated 14.9.2012.202608 of the Hon’ble High Court of Judicature of Bombay Bench at Auranga-

All copyrights reserved to VIDHIGYATA

 60

bad in Civil Writ Petition No.5427 of 2004 titled “Vasant S/o Sh. Shankar Bhavsar Versus Digambar
& Ors.” which was dismissed by the Hon’ble High Court.
2. QUESTIONS OF LAW:
That the following questions of law arise for consideration herein:
Whether in the facts and circumstances of the case the Hon’ble High Court was justified in dismissing
the Civil Writ Petition
3. Declaration in terms of Rule 3 (2):
That the Petitioner states that no other petition for special leave to appeal has been filed by him
against the judgment and order impugned herein.
4. Declaration in terms of Rule 5:
The Petitioner states that the Annexures filed along with the special leave petition are true copies of
the pleading’s and documents which formed part of the records of the case in the court below against
whose order the leave to appeal is sought for in this petition.
5. GROUNDS:
That the special leave to appeal is sought on the following grounds:
I) Because the High Court had erred in passing the impugned judgment.
II) Because the High Court could not have allowed the errors to prevail by dismissing the writ peti-
tion.
III) Because the impugned judgments and orders of Hon’ble High Court and of Maharashtra Revenue
Tribunal, Mumbai, dated 24.10.1997, of the Sub-Divisional Officer, Bhusawal dated 31.3.1997, of
Tehsildar and Agricultural Lands Tribunal, Yawal, dated 1.10.1996 suffer from error apparent on the
face of record.
IV) Because the reasoning of the authorities mentioned above that the will executed by Vishnu on
7.1.1968, the original tenant and owner under the Bombay Tenancy Act; and the registered Hakka
Sod Patrak dated 18.12.1981 executed by Digambar S/o Vishnu do not come in the definition of trans-
fer as envisaged in Section –43 of the Bombay Tenancy Act, is unsustainable in law.
V) Because with respect to the Authorities below that the incidents of transfer mentioned in Section
43 of Bombay Tenancy Act viz. sale, Gift, Exchange, mortgage, lease, assignment or partition are not
the only incidents of transfer to be considered in reference to Section 43 of the Act but they are only
mentioned by way of examples. It does not mean the other incidents of transfer like will or Hakka Sod
Patrak do not amount to transfer and are not to be considered by the authorities under the Bombay
Tenancy Act.
VI) Because the ground No. V above is further supported by other provisions of Bombay Tenancy
Act. For example Section 32-R lays down that purchaser U/s. 32 of the Act is to be evicted if he fails
to cultivate land personally. Section 43 of the Act lay down restrictions on the purchaser not to trans-
fer the purchased land under the Act without the sanction of the Collector. Section 43 (2) of the Act
says “any transfer or partition of land in contravention of Sub-Section (1) shall be invalid”. Section 70

All copyrights reserved to VIDHIGYATA

 61

(mb) lays down a duty on Mamlatdar to decide U/s. 48B or 84 C whether a transfer or acquisition of
land is invalid and to dispose off land as provided in Section 84 C. Section 83 A (1) lays down that no
person shall acquire land by transfer which is invalid under any of the provisions of the Act. Section
83 A(2) lays down that a persons acquiring land by invalid transfer shall be liable to consequences as
laid down in Section 84 or 84 C of the Act. Section 84 of the Act provides for summary eviction of
unauthorised or wrongful occupant of the land. Section 84 C of the Act gives authority to the Mam-
latdar to hold enquiry of any such illegal transfer and to decide it accordingly. Section 84 C (3) lays
down that land declared to be invalidly transferred to vest in the State. Section 84 C (1) gives the
power to the Collector to dispose the land which are declared to be invalidly transferred.
VII) Because in the Section 32 R, 43 (1), 43 (2), Section 70 (mb), Section 83 A (1), 83 A (2), Section
84, 84 C, 84 C(3) and 84 CC (1) of the Bombay Tenancy Act, at many places the words “any transfer”
are used as these sections are having wider scope covering all types of transfers, and not only to the
six kinds of transfers mentioned in Section 43 of the Act. Therefore the reasoning of these authorities
below that the will and Hakka Sod Patrak are not covered by Section 43 of the Act do not stand good
in law.
VIII) Because the will and registered Hakka Sod Patrak have resulted into permanent transfer in per-
petuity of this land purchased by the tenant U/s 32 of the Act, without sanction from the Collector
U/s. 43 of the Act and therefore the application filed U/s 43 read with section 84 C of the Act was lia-
ble to be allowed completely.
IX) Because the definition of transfer as given in Section 5 Chapter II in Transfer of property Act is
totally neglected by the learned three authorities below.
X) Because the learned authorities below have not taken into consideration all the circumstances of
this case while deciding the matter.
XI) Because the judgments and orders of three authorities below are contrary to law and good con-
science.
XII) The petitioner crave, leave of this Honorable Court to add, amend, and alter the grounds raised in
this petition
6. GROUNDS FOR INTERIM RELIEF:
A. That the petitioner apprehends that the respondents may sell, alienate or part with the property ille-
galy.
7. MAIN PRAYER:
Wherefore, it is respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) Grant the special leave petition from the final judgment and order dated 14.12.2026 of the Hon’ble
High Court of Judicature of Bombay Bench at Aurangabad in Civil Writ Petition No.5427 of 2026
titled “Vasant S/o Sh. Shankar Bhavsar Versus Digambar & Ors.” And
b) Be pleased further to pass such other order or orders as deemed fit and proper in the facts, reasons
and other attending circumstances of the case.

All copyrights reserved to VIDHIGYATA

 62

PRAYER FOR INTERIM RELIEF:

(a) It is prayed that interim directions be issued to the Respondent may be directed not to sell, alienate
or part with the property. Gat No. 2752 comprising of Survey No. 638/1, 638/3-A, 639/1, 639/3 area
measuring 2 Hectares 87 Ares situated at village Nhavi, Taluka Yawal.
(b) Be pleased further to pass such other order or orders as deemed fit and proper in the facts, reasons
and other attending circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETIT IONER S HAL L EVE R REM AIN
GRATEFUL AS IN DUTY BOUND

Drawn and Filed by:

Place: New Delhi
Date of drawn: ADVOCATE FOR THE PETITIONER
Date of filing:

[NOTE : To be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 63

SPECIAL LEAVE PETITION (CRIMINAL)

IN THE SUPREME COURT OF INDIA

(CRIMINAL APPELLATE JURISDICATION)
ORDER XXII, Rule 2(1), SUPREME COURT RULES 2013
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CRL) No._________ OF 2026
(FROM THE FINAL JUDGEMENT AND ORDER DATED _____ PASSED BY THE
HIGH COURT OF _________ AT ________ IN CRIMINAL APPEAL NO. ___ OF _____)

IN THE MATTER OF:-

N. _________ S/o _____________,
R/o _________________________
lodged in Model Jail, Chandigarh … PETITIONER/ORIGINAL AC-
CUSED
VERSUS
1. Union Territory of ______
through Home Secretary,
Secretariat, ____________ … RESPONDENT
2. S Singh S/o ___ R/o _____. … PROFORMA RESPONDENT/ ORIGINAL AC-
CUSED

PETI TION FOR SPECIAL LEAVE TO APPEA L UNDER ARTICLE 136 OF

THE CO NSTI TUTIO N OF I NDIA
To,
The Hon’ble Chief Justice of India
And his Companion Justices of
The Supreme Court of India
The humble petition of the above named petitioner most respectfully showeth:
1. That the present Special leave Petition (Criminal.) is filed against order dated 26.11.2026 of the
High Court of Punjab and Haryana at Chandigarh, in Criminal Appeal No. 305-DB of 2013, titled
“Subeg Singh versus The State Union Territory of Chandigarh” whereby the Hon’ble Court dismissed
the appeal of the petitioner.
2. That the present petition raises an important question of law for consideration before this Hon’ble
Court. _______________________.
3. Declaration under Rule 2(2) - That the Petitioner states that no other petition for special leave to
appeal has been filed by him against the judgment and order impugned herein.

All copyrights reserved to VIDHIGYATA

 64

4. Declaration under Rule 4- The Petitioner states that the Annexures filed along with the special
leave petition are true copies of the pleading’s and documents which formed part of the records of the
case in the court below against whose order the leave to appeal is sought for in this petition.
5. BRIEF FACTS
On the night intervening 11/12.2.2013 murder of Shri Bachna Ram, who was a cook and domestic
servant of Shri Devinder Singh Brar, resident of house No. 53, Sector 28-A Chandigarh, was commit-
ted in the kitchen of his house when Shri Devinder Singh Brar and his sister Smt. Gurmail Kaur were
in Aurngabad. The F.I.R. was registered on the statement of Capt Jagat Pal Singh PW-11 who resides
in the neighborhood of house No. 53. The offence came into light when Smt. Babita the sweeper of
House No. 53 informed Capt. Jagat Pal Singh PW-11. On the information given by Catpain Jagat pal
Singh, PW-11 S.I. Puran Chand aforesaid recorded D.D.R. No. 46 dated 13.2.2013 in the Rojnamcha
of the police-Station
East, Chandigarh and formed a Police party and came to House No. 53. The investigation of this case
remained pending with S.I. Puran Chand up to 8.3.2013. The police remained unsuccessful in tracing
out the crime till 8.4.2013. On that day, Balwan Singh S.I. PW-24 of the CIA staff, took over the in-
vestigation of this case. He along with members of the police party including S.I. Partap Sing PW-23
visited House No. 53. Sector 28-A Chandigarh where Mr. Devinder Singh Brar PW-12 was present.
In his presence, appellant Gurdev Singh was interrogated and he made certain disclosures after which
the further story unfolded. After completion of the investigation the accused were challaned on the
charges under Section 120-B, 392/120-B, 302/34, 302/114, I.P.C. The accused pleaded not guilty to
the charge framed against them and claimed trial. The Court of Sh. [Link], Session Judge, Chandi-
garh convicted the accused U/s. 120-B, 302/34 and in alternative 302/114 IPC.
6. That the copy of the Trial Court judgment passed by Sessions Judge Chandigarh convicting and
sentencing the petitioner in Sessions Case No.15 of 2013 U/s. 120-B, 302/34 and in alternative
302/114 IPC is Annexure P-1.
7. GROUNDS
Being aggrieved and dissatisfied with the impugned order, the Petitioner approaches this Hon’ble
Court by way of Special Leave Petition on the following amongst other grounds:-
A. Because the judgment and order dated 26.11.2026passed by the Hon’ble High Court which dis-
missed the appeal of the appellant is contrary to law and facts and hence the same is liable to set aside
both on the point of law and equity.
B. Because the prosecution only produced the partisan or the interested persons as witnesses in order
to prove the commission of crime by the petitioner. This fact doubts the truthfulness of the case of
prosecution.
C. Because the prosecution has suppressed the origin and genesis of the occurrence and has thus not
presented the true version.
D. Because the prosecution has miserable failed to prove its case beyond doubt against the petitioner.

All copyrights reserved to VIDHIGYATA

 65

E. Because the witnesses have not deposed correctly and there is discrepancy in the depositions of
witnesses and the conviction of the petitioner is bad.
F. Because the Hon’ble Court ignored the fact to be considered in the case was as to whether the evi-
dence of PW-5 Gurpartap Singh, the approver, was reliable and if so whether there was corroboration
to his evidence on material particulars so as to warrant conviction. It is high-lighted that it was a case
of no evidence from the side of the prosecution and, therefore, the evidence of the approver and other
circumstances, corroborated by his statement cannot be the base of conviction of the appellant.
G. Because Gurpartap Singh PW-5 lost his status as an approver when he appeared before the learned
Committing Magistrate and his statement was recorded as PW-1 on 11.9.1995. The relevant portion of
the same is as follows:-
“Before 7.4.2012 I had no conversation with anybody. On 7.4.2012 my self, accused
Subeg Singh and accused Nand Singh were coming from Rajpura to Chandigarh on a Motorcycle. I
had come to Chandigarh on that date for the first time. When we crossed Zirakpur, we were appre-
hended on the first Chowki by the Chandigarh Police. From there we were apprehended and implicat-
ed in this case. I do not know where Sector 28 is. I was threatened by the Police that I should give a
statement in favour of the Police otherwise I would be involved in a TADA case and should suffer
imprisonment for whole of the life. In the Jail also, the police people used to visit me and threaten and
intimidate me. I made statement before the Chief Judicial Magistrate on account of fear of the police.
I have nothing more to say about this Case”
H. Because the above statement will show that the tender of pardon given to Gurpartap Singh by the
Learned Chief Judicial Magistrate, Chandigarh on 1.5.2012 was no, more available and he lost the
status of an approver. It is stated here that the Learned Committing Magistrate was entirely wrong in
permitting the cross-examination of Gurpartap Singh by the prosecution by declaring him hostile.
This could not have been done for the simple reason that he did not attain the status of a witness. This
being so, all the proceedings after 11.9.2012 with regard to the examination of Gurpartap Singh as a
witness by the Learned committing Magistrate or by the Learned Sessions Judge, Chandigarh stood
vitiated being totally illegal. It is submitted that from the date 11.5.2012 when Gurpartap Singh made
the above statement,
he is to be taken as an accused and not an approver, he had made altogether different statement from
the one alleged to have been made after alleged acceptance of tender of pardon.
8. Grounds for interim relief
9. PRAYER
The Petitioner herein prays that this Hon’ble Court may graciously be pleased to:
a) Grant special leave to appeal to the petitioner against judgment and order dated 26.11.2026 of the
High Court of Punjab and Haryana at Chandigarh, in Criminal Appeal No. 305-DB of 2013, titled
“Subeg Singh & Anr., versus The State Union Territory of Chandigarh”

All copyrights reserved to VIDHIGYATA

 66

b) Pass any other order which this Hon’ble Court may deem fit and proper in the facts and circum-
stances of the case in favor of the Petitioner.
11. Prayer for interim relief

DRAWN AND FILED BY

NEW DELHI ADVOCATE FOR THE PETITIONER
DRAWN ON: ______________
FILED ON: ________________

[NOTE : To be supported by an affidavit]

*****

All copyrights reserved to VIDHIGYATA

 67

PLEADINGS UNDER CRIMINAL LAW

APPLICATION FOR GRANT OF BAIL
IN THE COURT OF JUDICIAL MAGISTRATE (DISTRICT __________), DELHI
BAIL APPLICATION NO. __________ OF 2026
IN THE MATTER OF:
X _______
S/o _______
R/o __________ …...APPLICANT
VERSUS
STATE ….RESPONDENT/COMPLAINANT
FIR NO. ________
U/S_________________
POLICE STATION _____________________

APPLICATION FOR GRANT OF BAIL UNDER SECTION 480 OF BHARATIYA NAGARIK

SURAKSHA SANHITA, 2023
MOST RESPECTFULLY SHOWETH:

1. That the accused above named was arrested by the police on …… and is in judicial custody since
then. It is alleged that on……, the accused was suspiciously moving on Baba Kharak Singh Marg,
New Delhi when the police apprehended him, conducted the search and recovered 3 gms. of smack
from his pocket.
2. That the accused has been falsely implicated in the instant case and he has nothing to do with the
alleged offence.
3. That nothing was recovered from the possession of the accused or at his instance and the so called
case property has been planted upon the accused.
4. That the accused is a law abiding citizen and belongs to a very respectable family. He has never
indulged in any illegal activities and commands respect and admiration his locality.
5. That on…….(date), the accused found some persons selling smack near Hanuman Mandir
Cannaught Place, New Delhi. The accused immediately reported the mater to police as the result of
which police also arrested some of the persons. Since that time, those persons who were arrested at
the instance of the accused, were threatening the accused to falsely implicate him in a criminal case in
collusion with police. The accused made a complaint in this regard to the Dy. Commissioner of Po-
lice, true copy of which is annexed hereto as Annexure-A.
6. That after the said complaint, the accused was called by the Vigilance Department, Delhi Police
who enquired into his complaint. True copy of the said notice issued by the Vigilance Cell is enclosed
herewith as Annexure-B.
7. That it is unimaginable that the accused who made a complaint against the sellers of smack, would
himself indulge in such activities.

All copyrights reserved to VIDHIGYATA

 68

8. That the accused is a permanent resident of Delhi and there are no chances of his absconding in
case he is released on bail.
9. That there is no chance of the accused absconding or tempering with the prosecution evidence in
the event of release on bail.
10. That the accused undertakes to join the investigation as and when directed to do so.
11. That the accused is not a previous convict and has not been involved in any case of this nature
except the present case.
12. That the present case is a result of clear manipulation by the police.
13. That the accused from all accounts is an innocent person.

PRAYER:
It is therefore respectfully prayed that the accused may kindly be released on bail
during the pendency of this case.

Place: APPLICANT
Date: ................. THROUGH ADVOCATE

Note: To be supported by affidavit of Pairokar and Vakalatnama duly attested by Jail Authorities.

*****

All copyrights reserved to VIDHIGYATA

 69

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL

IN THE COURT OF SESSIONS JUDGE (DISTRICT __________), DELHI
TIS HAZARI COURTS DELHI
ANTICIPATORY BAIL APPLICATION NO. _______ OF 2026
IN THE MATTER OF; -
X _______
S/o _______
R/o __________ … APPLICANT
VERSUS
STATE …RESPONDENT/COMPLAINANT
FIR NO. _______ OF 2026
UNDER SECTION______________________
POLICE STATION______________________

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER SECTION 482 OF

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is a youngman aged 20 years residing at ______, Delhi. He is also a Director of
M/s. ABC Ltd. which is a very leading company engaged in the manufacture of electrical appliances.
2. The Applicant is a very respectable person of his locality and is a peace-loving citizen.
3. That the Applicant was on friendly terms with Miss Y major daughter of the Complainant. Howev-
er, the relationship of the Applicant with Miss Y was not liked by her family members so much so
that they had stopped Y from meeting the Applicant and had threatened her that in case she meet the
Applicant, they will implicate the Applicant in some false criminal case.
4. That Miss. Y had also written number of letters to the Applicant calling upon him to marry her as
she had feared that her family members may sabotage her relationship with the Applicant, which
shows that family members of Miss. Y were deadly against the Applicant and were looking for some
opportunity to falsely implicated him in some false criminal case to pressurize him to severe his rela-
tionship with Y.
5. That on …….(date), the Applicant had gone to meet his friend, who is residing in the neighborhood
of Miss Y. When the Applicant reached the house of his friend, he was suddenly attacked by father,
uncle and brother of Miss Y as a result of which he fell down and sustained abrasion/injuries. The
Applicant’s friend came to the rescue of the Applicant and with great difficulty; the Applicant was
saved from the clutches of Miss Y’s family members by other neighbors and passersby.
6. That the police has registered a false FIR against the Applicant. A bare perusal of the said FIR re-
veals that the brother of Miss Y attacked the Applicant and not vice-versa. As a matter of fact, the
aggressor has manipulated with the police and has falsely implicated the Applicant. The Applicant is

All copyrights reserved to VIDHIGYATA

 70

in fact the victim at the hands of the Complainants who have conspired with the police and got this
case registered against them. The photostat copies of the letters written by Miss Y to the Applicant are
annexed herewith.
7. That the FIR registered against the Applicant is absolutely false and incorrect. The Applicant is not
at all involved in the alleged offence and has been falsely implicated by the police.
8. That the Applicant apprehends that he may be arrested in pursuance of the aforesaid false and ficti-
tious complaint.
9. That the police officials have visited the premises of the Applicant in his absence and there is every
likelihood of his being arrested in the instant case.
10. That the Applicant undertakes to join the investigation as and when directed to do so.
11. That the Applicant is a permanent resident of Delhi and there is no chance of his absconding in
case he is granted anticipatory bail.
12. That the Applicant has never been involved in any criminal case except the present one.

PRAYER:
It is, therefore most respectfully prayed that the Applicant be released on bail in the event of his arrest
and appropriate directions in this regard may please be sent to the concerned Investigating of-
ficer/S.H.O. Any other order/orders which this Hon’ble Court may deem fit and proper on the facts
and circumstances of this case may also be passed.

Place: APPLICANT
Date: THROUGH ADVOCATE

[Note: To be supported by affidavit]

*****

All copyrights reserved to VIDHIGYATA

 71

COMPLAINT UNDER SECTION 138, THE NEGOTIABLE INSTRUMENTS ACT

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, …..COURT, (DISTRICT

__________), DELHI
CRIMINAL COMPLAINT NO. ________ OF 2026
X ________________
S/o _____________
R/o …. COMPLAINANT
VERSUS
Y _________________
S/o ________________
R/o …ACCUSED
JURISDICTION: P. S. _____________
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is the owner and landlord of flat bearing No. _______, New Delhi.
2. That the accused is a tenant under the Complainant in respect of flat bearing No. _______ New
Delhi, comprising of two bed-rooms, drawing-cum-dining room, study room, kitchen room, two bath-
rooms-cum-toilets and a terrace at a monthly rent of Rs. 2500/- for residential purposes w.e.f.
__________. True copy of the Lease-deed dated __________ is annexed hereto as Annexure – ‘A’
3. That on _______ the accused handed over cheque bearing Nos. ________ dated ________for Rs.
_____ drawn on _________ Bank, New Delhi to the complainant towards rent of the said premises for
the months of September, October and November, …… the said original cheque is annexed hereto as
Annexure – B.
4. That the Complainant deposited the said cheque in his account with the ……… (bank name) on
______(date) but the same was dishonored on presentation with the remarks ‘REFER TO DRAWER’.
The original returning memos dated ________ in respect of the said cheque is annexed hereto as An-
nexure – ‘C.’
5. That vide letter dated……., the Complainant called upon the accused to make the payment of the
amount covered by the dishonoured cheque. The said letter was sent to the accused by Regd. A.D. as
well as U.P.C. However, the accused failed to make the payment of the amount in question to the
Complainant.
[Link] the cheque in question was returned unpaid because the amount standing to the credit in the
Accused’s account was insufficient to honor the cheque in question and as such the Accused is liable
to be prosecuted an punished under Section 138 of the Negotiable Instruments Act, 1881 as amended
up to-date.

All copyrights reserved to VIDHIGYATA

 72

7. That the Complainant has complied with all the requirements of Section 138 of the Negotiable In-
struments Act, 1881 as amended upto-date namely the cheque in question were presented on ______
i.e. within the period of its validity, the demand for payment was made to the Accused on ………. i.e.
within thirty days of the date or receipt of information regarding the dishonouring of the cheque. True
copy of the said demand dated ……. Is annexed hereto as Annexure – ‘D’. The postal receipt and the
U.P.C. thereof are annexed hereto as Annexure-E collectively. The accused failed to make the pay-
ment within fifteen days of the said notice and as such the Complainant has approached this Hon’ble
court within one month of the date of the cause of action. The Complaint is therefore within time.
8. That the Hon’ble Court has jurisdiction to entertain and try the present complaint because the of-
fence is committed within the jurisdiction of this Hon’ble Court. (Mention how the court has jurisdic-
tion based on the facts).

PRAYER:
It is, therefore most respectfully prayed that his Hon’ble Court may be pleased to summon the accused
under Section 138 of the Negotiable Instruments Act, 1881 as amended upto-date and the accused be
tried and punished in accordance with law for the aforesaid offence committed by him.

Place COMPLAINANT
Date THROUGH ADVOCATE

Note: List of witnesses to be mentioned at the end of the complaint or separately after
writing short title of the complaint case –
1. Complainant;
2. Banker(s) of the complainant with record of the cheque.
3. Banker(s) of the accused with record of the cheque
4. Any other witness, if needed, as per the facts of the case

*****

All copyrights reserved to VIDHIGYATA

 73

APPLICATION FOR MAINTENANCE UNDER SECTION 144 OF BNSS, 2023

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI.
MAINTENANCE APPLICATION NO. __________ OF 2026
IN THE MATTER OF:

[Link]. X _______
W/o Z._________
R/o _________

[Link] R
S/o Z _________
R/o __________
through his mother and natural guardian Smt X APPLICANTS
VERSUS
Z ____
S/o ______
R/o _____ RESPONDENT
APPLICATION UNDER SECTION 144 OF THE BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023
MOST RESPECTFULLY SHOWETH:
1. That the Applicant No. 1 is the legally wedded wife of the Respondent while Applicant No. 2 is the
legitimate son of the Respondent.
2. That the Applicant No.1 was married to the Respondent according to the Hindu Rites and ceremo-
nies on ____________(date) at New Delhi and the Applicant No. 2 was born out of their wedlock on
__________. The Applicant No. 2 is staying with Applicant No. 1 at present.
3. That Applicant No. 1 and Respondent stayed together after their marriage and for the last two years
proceeding________, they were staying at Delhi.
4. That sometime during the period June-July, _______, the matrimonial life of the Applicant No. 1
and the Respondent got disturbed on account of the illegitimate affair of the Respondent with a girl
named Mrs. A. The Applicant No. 1 made best possible efforts to persuade the Respondent to desist
from indulging in an affair outside their wedlock. However, the same had no effect on the Respond-
ent. Rather, the behavior of the Respondent towards Applicant No. 1 became rude, cruel and oppres-
sive, and finally on ___________, the Respondent compelled the Applicant No. 1 to leave the matri-
monial home along with
Applicant No. 2, since then, the Applicants are staying with Applicant No. 1’s father.
5. That the Applicant No.1 has made repeated attempts to join the Respondent in the matrimonial
home. However, the Respondent has refused to take back the Applicants and has clearly informed
Applicant No. 1 that he was planning to marry Mrs. A though the same is not permissible under law.
As such, the Respondent has deserted the Applicants without any reasonable cause.

All copyrights reserved to VIDHIGYATA

 74

6. That the Respondent is liable to maintain the Applicants who have repeatedly requested the Re-
spondent to provide them the appropriate maintenance. However, the Respondent has not only re-
fused/neglected to maintain the Applicants, but has also refused to ever part with/return the articles
belonging to Applicant No. 1 towards the dowry and Stridhan which are lying at the Respondent’s
house.
7. That the Respondent is a man of status and is working as a Wing Commander in Indian Air Force.
He is getting monthly emoluments of about Rs. _____ per month and as such has sufficient means to
maintain himself and the applicants. He has no encumbrances or liabilities except that of maintenance
of the applicants.
8. That the Applicant No. 1 has no independent source of livelihood and as such is unable to maintain
herself. She is staying with her father at Delhi and as such both the Applicants are dependant upon
him.
9. That the Applicant No. 2 is a minor and is also staying with the Applicant No. 1. He is studying in
Delhi Public School, New Delhi, and his monthly expenditure including school fees, dresses etc. is
more than Rs. ______ Apart form this, the Applicant No. 1 has also kept a maid to properly look after
the Applicant No. 2 and is paying her Rs. ____ per month which is presently being borne by her fa-
ther.
10. That the Applicants are residing at Delhi. This Hon’ble Court therefore is competent to entertain
and try this petition.

PRAYER:
It is, therefore, most respectfully prayed that the orders for maintenance of the Applicants be passed
and against the Respondent directing the Respondent to pay the monthly allowance of Rs. ___ to-
wards the maintenance of the Applicant No. 1 and Rs ______ towards the maintenance of the Appli-
cant No. 2. The costs of these proceedings be also awarded to the applicants.

Place: APPLICANTS
Date: THROUGH ADVOCATE

(Note :- An affidavit is to be attached to this petition)

Note : List of witnesses to be mentioned at the end of the complaint or separately after
writing short title of the complaint case.

All copyrights reserved to VIDHIGYATA

 75

OTHER PLEADINGS
COMPLAINT UNDER THE CONSUMER PROTECTION ACT, 1986
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
(DISTRICT _____________)
CONSUMER COMPLAINT NO. _______ OF 2026
IN THE MATTER OF:-
D ______
S/o Shri ________
R/o ________ …COMPLAINANT
VERSUS
1. District Manager, Telephones
________________________ …OPP. PARTY NO. 1
2. Sub-Divisional Officer Phones, …OPP. PARTY NO.
2
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is a subscriber of telephone no. ____ prior to _____ number whereof was
______.
2. That the Complainant telephone went out of order on ______. Several complaints were lodged with
the department concerned which did not yield any result.
3. That a written complaint was lodged by him in the office of the opposite party No. 1 on _____ and
also on ______ He then approached personally to the Sub-Divisional Officer Phones _____and filed a
written complaint with him on _____. On ____ his telephone line was made operational.
4. That on ________, the communication system installed at the residence of the complainant was
again found paralysed. The matter was again reported to the department. Authorities did not take any
action. He then lodged a written complaint in the office of the opposite party No. 2 on _______. It did
not find any response from the opposite parties. Another written complaint was lodged in the office of
the opposite party No. 2 on ______. It also remained unattended. Complainant then moved to the op-
posite party No. 1 and presented before him a written complaint on _______ whereafter the telephone
service of the
complainant was revived on the same day after continuous 24 days fault in the line.
5. That the complainant paid his telephone bill dated ______ amounting to Rs. _____ on _____ vide
receipt No. ____ . On ______ he was asked by the Opposite Party to pay bill dated _____ by _______
failing which telephone connection was liable to be disconnected by 5 p.m. same day. The complain-
ant never received bill dated ________ till date in original. He approached the opposite party for a
duplicate bill dated _____ when he was told by him that another bill dated ______ be paid on the

All copyrights reserved to VIDHIGYATA

 76

same day itself without which the payment of bill dated _____ would not be accepted. Request of the
complainant to trace and produce receipt of payment of bill dated _____ was turned down by the op-
posite parties and the complainant was forced to pay both the bills on ______ although the bill dated
_____ stood paid vide
receipt No. _____ dated ________.
6. That bill dated ______ charged Rs. _____ on account of rent from _____ to ____. Bill dated
______ charged for rent from _____ to ______. Thus applicant has been charged rent for the month of
July ____ twice.
7. That on account of dereliction of duty and negligence on part of the opposite parties No. 1 and 2 the
complainant suffered loss and injury due to deprivation, harassment, mental agony and loss of profes-
sional practice and for which he is entitled to compensation and refund of excess amount charged by
the department.
8. That the complainant sent a notice to each of the opposite parties by registered post asking them to
pay him a sum of Rs. _____which now stands to Rs. _____ along with interest thereon till date of the
actual payment to which none of them responded.
9. That in the interest of justice the complainant should be paid by the department through the oppo-
site parties as under:
(1) Compensation of Rs. ____ @ per day for 69 days during which the telecommunication system
remained paralysed, for the loss and injury caused to the complainant due to negligence and derelica-
tion of duly on the part of the opposite parties.
(2) Payment of Rs. ______ as stated in para 5 hereto along with interest @12% p.a. till the date of
actual payment.
(3) Payment of Rs. ______ as refund of rental for 69 days as stated in paras 2,3 and 4 thereof.
(4) Payment of a sum of Rs. _____ being amount of rent for the month of July charged by the oppo-
site parties twice as stated in Para. 6 hereto.
(5) Payment of a sum of Rs. _____ towards cost of notices including charges for stationary postage
etc., given tyo the opposite parties.
10. That in support of the above averments and claims documents have been enclosed alongwith this
complaint.
11. That the cause of action arose on ______ when the telephone of the complainant went out of the
order and the system remained disputed for long 60 days merely due to the dereliction of duty and
negligence of the opposite parties.
12. That for the purposes of Section 11 of the Act compensation claimed by the complainant is below
Rs. _______ so this Forum has jurisdiction to determine and adjudicate upon this consumer dispute.
13. That there is a duty cast upon the District Manager Telephones, the opposite party No. 1 and the
officials working under him to maintain trouble free service of the communication system installed at

All copyrights reserved to VIDHIGYATA

 77

the premises of the complainant and to which they have miserable failed which has put the complain-
ant to great deal of inconvenience, expense and mental agony.
14. That in the interest of justice the claims of compensation and refund should be allowed and also
the interest as stated here before
PRAYER:
It is therefore, most respectfully prayed that this petition be kindly allowed, an amount of
Rs______and interest wherever due be declared payable to the complainant by the opposite parties
and the Opposite parties be directed to pay the amount as aforesaid to the complainant within 30 days
of the Hon’ble Forum

Date: COMPLAINANT
Place : THROUGH ADVOCATE

Note : An affidavit in suport to be annexed

As and when the Consumer Protection Act, 2019 is enforced, the pleading in terms of
jurisdiction and other facets should be modified.

*****

All copyrights reserved to VIDHIGYATA

 78

CONTEMPT PETITION
IN THE HIGH COURT OF DELHI AT NEW DELHI
CONTEMPT PETITION NO. _________ OF 2026
IN
CIVIL WRIT NO. ______ OF ________ 2003
IN THE MATTER OF:
1. X ___________ S/o _________________
R/o ______________________________, New Delhi
2. Y ___________ W/o ________________
R/o _____________________________, New Delhi …PETITIONERS
VERSUS
1. Union of India through its Standing Counsel Delhi High Court, New Delhi.
2. Land & Acquisition Collector Delhi Administration, Delhi.
3. Delhi Development Authority, through its Vice Chairman, New Delhi
4. Shri ____________, Asstt. Director Task Force, DDA, New Delhi …RESPONDENTS

CONTEMPT PETITION UNDER SECTIONS 11, 12 OF THE

CONTEMPT OF COURTS ACT, 1971
MOST RESPECTFULLY SHOWETH:
1. That the President Residents Welfare Association, _____ New Delhi filed Civil writ Petition No.
2420/2003 in the High Court of Delhi at New Delhi. The respondents in the said petition were the Un-
ion of India, Land Acquisition Collector and the DDA. The said petition is still pending and awaiting
final disposal.
2. That the Hon’ble court on 1.10.2003 issued notice to the respondents and granted status quo there-
by restraining the respondents including D.D.A. from demolishing the construction raised in the im-
pugned area. The said area included plot No. 1, 2, 3, 4, 21, 22, 35 and 36 belonging to petitioners
named above. The above plot was in Khasra No. 78/21/2. The copy of the orders for grant of status
quo are annexed herein as Annexures A-1, A-2, A-3, After the issue of Rule on 10.1.2005 (the said
order is Annexure A-2) the petition has not come up for hearing.
3. That the petitioners herein the contempt petition have also annexed the site plan. The same is An-
nexure A-4. The Plot area belonging to the petitioners is marked. Red.
4. The respondent D.D.A. had been conducting demolition in the said area in December/1998 and
January, 1999 and since the petitioners apprehended that their property might also be demolished and
therefore, approached the D.D.A. several times and made them aware of the court orders and specially
the orders for grant of status quo. A written representation dated 3.12.98 was also routed through the
Residents Welfare Association, Vijay Nagar, Phase-I, Delhi to Deputy Director, Land, D.D.A., Delhi.
Annex. A-5 : The copy of the same is annexed as Annexure A-5 alongwith its English Translation.

All copyrights reserved to VIDHIGYATA

 79

However, despite making the D.D.A. aware of the above/orders of grant of status quo in the Writ Peti-
tion (Civil) 2420/2003 the D.D.A. officials namely ______ alongwith Shri _______ , came to the site
on 4.1.99 at 3.45 P.M. and demolished the construction raised on plot No. 1, Block ‘L’, Plot No. 2,
Block’L’, Plot No. 3, Plot No. 4, Plot No. 21, Plot No. 22, Plot No. 35 and 36 belonging to petition-
ers.
1. That as a result of demolition the petitioners have suffered loss al all the plots had the constructions
on it. The details of constructions and the damage incurred is given herein below :
2. That it will not be out of place to mention that the respondent D.D.A. had earlier in the years 2001
and 2002 demolished the construction in the area for which status quo was granted but after the peti-
tioners apprised them of the Court orders they got constructed the building demolished by them at
their expense.
5. That the petitioners herein annex as Annexure A-6, the photo graphs of the place where their build-
ing situates and have been demolished by the respondent D.D.A.
6. That as detailed above, the petitioners being the owners of plot in Khasra No. 78/21/2 who had
been given status quo orders by the Hon’ble Court in Civil Writ Petition 2420/2003 titled Resident
Welfare Association v. Union of India and others had every right not to get the construction demol-
ished from the D.D.A. The said status quo is still continuing by virtue of order dated 10.1.2003 of Jus-
tice _______ and Justice _____. By not complying with the said status quo orders of the Hon’ble
Court, the respondent D.D.A. has committed the contempt of court, It is worthwhile to mentiion that
the following officers are the Contemners as they were conducting the demolition. They are Shri
_____ respondent no.___ , Shri ___respondent no._____ and Shri _____, respondent no. ___.
7. The cause of action in the present petition arose when the respondent D.D.A. and specially its of-
ficers respondents no. 5, 6, 7, herein were apprised of the status quo orders in Civil Writ Petition
2420/2003 (C.M. No. 3592/2003) and the concerned officers refused to comply with the orders of the
court. The cause of action is still continuing as the demolition had already been done on 4.1.2003.
PRAYER:
It is therefore most respectfully prayed that the Hon’ble Court may be pleased to initiate contempt
proceedings against the above named contemners. It is further prayed that the Hon’ble Court may be
pleased to pass such further orders/directions as it may deem fit and proper.
DATE: PETITIONER
PLACE: THROUGH ADVOCATE
[Note: The petition must be supported by an affidavit].

*****

All copyrights reserved to VIDHIGYATA

 80

COMPLAINT UNDER OF THE PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT, 2005
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE
COMPLAINT NO. ……. OF 2026
U/S 12 0F DOMESTIC VIOLENCE ACT
IN THE MATTER OF:-
Smt. X
W/o Late Sh. Y
R/o………... …COMPLAINANT
VERSUS
Sh. Z
S/o
R/o …RESPONDENT
Police Station:
COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMES-
TIC VIOLENCE ACT, 2005
MOST RESPECTFULLY SHOWETH:
1. That the Respondent is the father- in- law of the Complainant who is harassing and torturing the
Petitioner by illegal act of violence in order to throw her out of the matrimonial home.
2. That the Petitioner was married to Late Sh. Y on …..as per Hindu rites and ceremonies and thereaf-
ter started living in the matrimonial home as a joint family along with the Respondent and that out of
the wedlock following two children were born who are in the care and custody of the complainant.
The husband of the complainant died on …...due to illness

S No. Name of Children Relation Age Status

1. Master A Son 8 Years Studying in Class IV

2. Baby B Daughter 5 Years Studying in Class I

3. That before his death Sh. Y engaged in the manufacturing and trading of Auto parts and was having
factory at rented accommodation at …….and was running as sole proprietor by the name and style of
M/s….. and was also running a shop on ground floor.
4. That after the death of the husband of the Complainant on …the Respondent has misappropriated
the machines, tools raw materials etc. lying in the factory of the husband of the complainant and has
also trespassed into the shop, belonging to husband of the complainant.

All copyrights reserved to VIDHIGYATA

 81

5. That the shop of the husband and Complainant has been taken over by the Respondent who doesn’t
allow the complainant to enter the same and to run the same.
6. That the Respondent is economically harassing the complainant as he has taken over the shop and
doesn’t pay any amount to the complainant who has no money and has no earnings at all and is de-
pendent upon the shop of her husband for maintenance
7. That not only this, the Respondent maltreats the complainant in one way or the other and abuses her
in filthy language and want her to vacate the second floor of the property so that they may trespass in
to the same.
8. That the Respondent threatens the Complainant with the dire consequences on not vacating the sec-
ond floor of the property.
9. That hence Complainant is left with no other alternative but to file the instant complaint under Sec-
tion 12 of Protection of Women from Domestic Violence Act as complainant.
10. That the complainant has domestic relationship with the Respondent as Respondent was living
with the complainant before the death of her husband.
11. That the deeds and misdeeds of the Respondent are affecting the health and safety of the com-
plainant as well as her two children as after the death of her, the Respondent wants the children to
stop going to the school and be sent to an orphanage.
12. That the complaint under Section 12 of the Protection of Women from Domestic Violence Act,
2005 is being filed as such by the aggrieved person.
13. That it is prayed that the Hon’ble court may take cognizance of the complaint and pass all/ any of
the orders, as deemed necessary in the circumstances of the case.
14. Orders prayed for are:
I. Protection Order under Section 18 directing Respondent to stay away from Complainant and not to
interfere in her possession of the ground floor, second floor of the property in any manner whatsoever
II. Residence Order under Section 19 directing the Respondent to restrain from dispossessing the
Complainant from the second and the third floor of property no. …. (specifically shown in red in site
plan enclosed) and to restraint from interfering in the possession of the Complainant on the ground
floor of the property including the shop in property no.
III. Monetary Relief under Section 20 directing the Respondent to pay the following expenses as
monetary relief
a. Food, clothes, medications and other basic necessities- Rs 15000 p.m.
b. School fees and related expenses – Rs 10000 p.m. amounting to total of Rs 25,000 p.m.
IV. Compensation under Section 22 for causing mental agony and physical suffering by the complain-
ant as deemed fit by this Hon’ble Court.

All copyrights reserved to VIDHIGYATA

 82

PRAYER
It is, therefore, most respectfully, prayed that this Hon’ble Court be pleased to grant the relief(s)
claimed herein and pass such orders as this Hon’ble Court may deem fit and proper under the given
facts and circumstances of the case for protecting the Complainant from domestic violence.

COMPLAINANT
THROUGH ADVOCATE

VERIFICATION
Verified at Delhi on this day of ……. that the contents of the paras 1 to …. of the above complaint are
true and correct to my knowledge and nothing material has been concealed there from .

COMPLAINANT

 To be accompanied by an affidavit

*****

All copyrights reserved to VIDHIGYATA

 83

PART B: CONVEYANCE
Definition of Conveyancing
The art of ‘conveyancing’ is of English origin. The word ‘to convey’ means to transfer or to make
over. The word conveyancing means an instrument or deed through which one or more living person
transfer his or their interest in present or in future in or upon an inmmovable property to one or more
living persons. In other words conveyance means an act by which property is conveyed or voluntarily
transferred from one person to another by means of a written instrument and other formalities. Section
2(10) of the Indian Stamp Act, 1899 defines the term ‘conveyance’ as:
“Conveyance includes a conveyance on sale and every instrument by which property, whether mova-
ble or immovable, is transferred inter vivos and which is not otherwise specifically provided for by
Schedule I.”
History of Conveyancing
In ancient times, in England the deed writing was optional and it continued to remain optional until
the time of King Charles II, particularly the case in which the deed was required not to be under seal.
Writing was required only in the matter of importance. It was only during the reign of King Charles II
that the British Parliament enacted in 1677 a legislation requiring writing for creation and transfer of
the interest in landed property with an exception in case of lease for less than three year. The Real
Property Act of 1845 required all grants of landed interest to be made in writing which came to be
known as ‘conveyancing’. The present form of conveyancing is based on the Conveyance of Land Act
of 1845 and the Law of Property Act of 1925.
Conveyancing in India is not unknown as the word, ‘Qabuliyatnama’, ‘Jagirdar’, ‘Muafidar’ and
‘Charpatra’, etc., are there from ancient days in the Indian literatures. As in England and so in India,
too, there are two types of Deeds, viz., ‘Deed Poll’ and ‘Indenture’. Charpatra (Redemption of rent),
Jagir grants, Quabuliyats, etc, were all the seal of the grantor. The Deed Poll is a document which is
executed unilaterally in the first person while an indenture is bilateral or multilateral deed. Bonds,
Power of Attorney and Wills are ‘Deed Polls’. Mortgages, sales and gifts can also be unilateral and so
these are 'Deed Polls', while a deed of Lease is a bilateral document to be executed by the Lessor and
Lessee both and so it is an ‘Indenture’. No legislation in India has ever been passed on the law of con-
veyancing.
The Position of Drafting in India
The condition of drafting of conveyancing in mofussil India was deplorable. It was only in the then
Presidency Towns (JUDICIAL cities) of Bombay, Calcutta and Madras the work of drafting of the
conveyancing remained in the hand of solicitors and barristers well trained in the field of drafting on
the lines of English conveyancing. But in the Mofussil Towns the task of drafting of conveyancing
remained in the hands of ‘deed writers’, ‘scribes’ or ‘scribers’ who have no legal knowledge but have

All copyrights reserved to VIDHIGYATA

 84

adopted the profession of deed writing. So, the deeds in Mofussils generally and commonly suffer
from so many defects and sometimes these defects become incurable.
Deed
In a broad sense the ‘deed’ means something done or performed which is synonymous with ‘act’. In
legal sense, deed means a solemn act denoting document, and it may be defined as an instrument writ-
ten on parchment or on a paper executed, signed, sealed and delivered by the executant. A document
or an instrument through which a present or future interest in an immovable property is transferred by
one or more living persons to another living person or persons is called deed. It is called a deed be-
cause it is considered the most solemn and authentic act that a person can possibly perform in relation
to his property. Statements made in deeds may amount to admission and may operate as estoppel in
certain circumstances.
In Halsbury's Law of England, a deed has been defined as an instrument written on parchment or pa-
per expressing the intention of some persons named therein who make assurance of some interest in
property, or of some legal or equitable right, title or claim, or undertake or enter into some obligation,
duty or agreement enforceable at law or in equity, or to do some other act affecting the legal relation
or position of a party to the instrument.
Historically, in England, deeds were classified into (a) Deed Poll, and (b) indenture deed.
Deed Poll
As the old practice in England was to indent or cut a document which indicated towards executant of
the deed; and when deed was polled or cut at the top or at the bottom it was known as ‘Deed Poll’. It
was called Deed Poll or single deed because it was executed by one party only. A bond, a power of
attorney, and a will are the best examples of Deed Poll. It is an executed contract of conveyance made
by the grantor alone.
Indenture Deed
Under the old practice of drafting of deed in England, the mark of cut or indent indicated towards the
executant of the deed. A deed is technically called an ‘indenture’ or ‘deed indented’, because the old-
practice in England was to cut or intend for the purpose of tally. The old practice was to write two
copies of the deed upon the same piece of parchment or substance with some words or terms or letter
of alphabet were so written that when one copy was separated from the other, the substance or the
parchment was so cut or indented so as to leave half of the word or letter in one copy and the other
half in another copy, so as to fit or aptly join its counterpart from which it was supposed to have been
cut, indented or separated.
This practice of indenting of deeds is no more in England and at present indenture means a deed be-
tween two or more parties importing the meaning of executed contract of conveyance made under
seal. A deed of Lease, a mortgage deed and a partnership deed were the best example of indenture
deed according to old practice in England.
Distinguish between Deed Poll and Indenture Deed

All copyrights reserved to VIDHIGYATA

 85

1. Deed Poll and Indenture both are executed contract and are always in writing.
2. Both are deeds of conveyance and used as documentary evidence if needed.
3. Deed Poll or single deed is a unilateral document executed by one party only, while Indenture deed
is bilateral or multilateral document executed by two or more than two parties.
4. A Deed Poll is generally written in the first person while an Indenture deed is always written in the
third person. In other words, in a Deed Poll, the grants and the covenants of the grantor are in the first
person, while in an Indenture, grant and covenants are in the third person.
5. A Deed Poll may be commenced with the expression, ‘Know All Men By These Presents’ or ‘To
whomsoever it May Concern’ or straightway ‘I, so and so, Send These Presents’, while in an Inden-
ture deed, the opening words are – ‘This Indenture of..........’ or ‘This Deed of.........’ or ‘This Instru-
ment of.........’ etc.
6. Historically, in England, the difference between a Deed Poll and an Indenture deed was an interest-
ing one, but at present there is no such difference and both are indiscriminately used for each other.
The difference is only for phraseology but of no practical importance.
7. The old concept of difference between the Deed Poll and an Indenture as, historically, was main-
tained in England had never found place in India. It is because an indenture relating to real property in
England was required to be made under seal which never was a requirement in India.
Document
Documents means any matter expressed or described upon any substance by means of letters, figures,
or marks, or by more than one of those means intended to be used, or which may be used, for the pur-
pose of recording that matter ( sec. 3, Indian Evidence Act 1872). Documentary evidence is an im-
portant piece of evidence of which the Court, Jury and Tribunal take judicial cognizance.
Deed, Conveyance and Deed of Conveyance
The term ‘Deed’, ‘Conveyance’ and ‘Deed of Conveyance’ or ‘Conveyancing’ are frequently used
interchangeably to denote one and the same legal concept, and each is being commonly understood to
mean an instrument in writing whereby the grantor conveys to the grantee some right, title or interest
in or upon some real property . Thus, by the aforesaid expressions, we mean each of them as docu-
ment, indenture or instrument in writing. So , the terms, ‘conveyance’, ‘conveyancing’, ‘deed of con-
veyance’ or ‘conveyancing’, ‘deed’, ‘document’, ‘indenture’ and ‘instrument’ are interchangeable for
the purpose of drafting of documents.
Object and Function of Conveyancing
Movable property may be physically given and taken by actual delivery, while this is not possible in
case of immovable property. Thus, conveyancing is that branch of the law of transfer of property
which deals with the mode and form of transfer to which both- the transferor and the transferee have
agreed upon. Its main object is to enable the owners of real property to make voluntary transfers of
their right, title and interest therein for some specific purpose and for a specified period. Such trans-
fers are not otherwise possible than by conveyancing.

All copyrights reserved to VIDHIGYATA

 86

It expresses the intention of the parties to the deed of conveyance so that accordingly it shall take ef-
fect. In case of any doubt, dispute, ambiguity and susceptibility, the real intention of the parties may
be discovered from the words, phrases and the expression used in the deed. A transferor may have
passed the property intending to pass; but if he has not expressed himself in suitable words of the lan-
guage, the deed may be defective or susceptible of two or more constructions; and so the benefits of
the transfer may be lost to the transferee. Where any adverse claimant interposes before the transferee,
may get actual legal possession of the transferred property, it may be quite possible that the transferor
with all his willingness may
not be able to help the transferee. It helps the court and judicial tribunals to determine any dispute if
subsequently arises between the parties to the deed. It serves the purpose of both- the transferor and
the transferee in protecting their interests. It protects the interest of the transferee from any precedent
and /or
subsequent acts or omissions of the transferor or any other person claiming through or under him
against the expressed intention of the grant and the covenant of the deed; and likewise, the interest of
the transferor is also protected from any subsequent acts or omissions of the transferee. It is a docu-
ment of title to the property and forms the basis of a record of rights maintained by the Government. It
is, also, a documentary piece of evidence.
COMPONENTS OF DEEDS
Drafting of a deed involves the law by which parties are governed, effect of the transaction and cer-
tainty and clarity by using appropriate words and expressions. An ordinary deed of transfer may con-
veniently be divided into the following parts: Description of the deed; Date; Parties; Recitals; Testa-
tum; Consideration; Receipt; Operative words; Parcels; Exception and Reservations (if any);
Habendum; Covenants (if any); Testimonium. The part of the deed which precedes the habendum is
termed as “the premises”. Each of these parts will now be separately considered.
A) DESCRIPTION/NAME/TITLE OF THE DEED
All deeds should be described by the name of the transaction such as “THIS DEED OF MORT-
GAGE”, THIS DEED OF SALE”, THIS LEASE”, THIS DEED OF GIFT”, etc. When the deed is of
a complex character and evidences different transactions known by different legal names, or the con-
veyancer is not sure what name should properly be given to it, it would be best to describe it simply as
“THIS DEED”. The description is usually written in capitals.
B) DATE AND PLACE
After the description of the deed is stated, the date on which it is executed shall be stated:
“THIS LEASE made on the first day of February one thousand nine hundred and ninety nine.”
The date of a deed is the date on which it is singed by the party or parties executing it. When there is
only one party to a deed, as in the case of Deed Poll, or when all the parties sign it on one and the
same date, or when, though there are several parties to a deed, all do not sign and those who sign do
so on one date, there is no difficulty. But if several parties to a deed sign it on different dates, the

All copyrights reserved to VIDHIGYATA

 87

question is which date should be entered as the date of deed. The practice is to regard the last of such
dates as the date of the deed. The date should, in order to avoid mistake and risk of forgery, be written
in words and not in figures. Figures may be added within parenthesis.
In every case in which a deed is executed by more than one person, the date on which each signs the
deed must be shown in the deed, preferably against his signature. The place where the deed is execut-
ed must be specified very clearly and generally at the start of the document.
C) PARTIES TO THE DEED
1. Transferee
After the date, the names and description of the parties to the deed are mentioned. Who are the neces-
sary and proper parties to a deed depends on the circumstances of each case. Although a transferee is
not a necessary party, and a deed will not be invalid or ineffective if he is not mentioned as such, ex-
cept in the case of a Lease, he is certainly a proper party. It is always advisable to make him a party.
2. Third person
Sometimes it is necessary or expedient, in order to validate a transfer or to give a complete title to the
transferee, or to avoid possible disputes or doubts in that regard, to obtain the consent or concurrence
of a third person. In such cases, such third person may also be joined as parties.
3. Description
Full description of the parties so as to prevent difficulty of identification should follow the name. In
India, parentage, occupation and residence including Municipal or survey number, street and city and
in the case of resident of a rural area the village, sub-division, tehsil and/or development block are
generally regarded as sufficient to identify a man, but if there is any other description which is suffi-
cient, the same may be normally adopted. Where the transferor is as member of a scheduled caste or
scheduled tribe for whose protection the statute places restrictions on his right to transfer it may be
necessary to mention such caste or tribe while reciting the fact of permission for the transfer having
been obtained from the competent
authority.
4. Juridical Person
A party to a transfer need not be a living individual but may be a company, or association or body of
individuals or an idol or a corporation sole or aggregate, or in fact, any juridical person capable of
holding property and entering into contracts.
5. Idol
As an idol has to act through some natural person, the name of the latter should be disclosed.
6. Reference Labels of Parties
In order to avoid the repetition of the full name and description at every place, the parties are general-
ly referred to in the body of the deed by some easy and convenient names which generally have refer-
ence to the character in which they join the deed, such as ‘the vendor’,

All copyrights reserved to VIDHIGYATA

 88

‘the purchaser’, ‘the lessor’, ‘the lessee’, In order to avoid mistakes in writing words resembling each
other for opposite parties, e.g., a combination of ‘mortgagor’ and ‘mortgagee’ or ‘vendor’ and ‘ven-
dee’, they prefer to use a combination of ‘borrower’ and ‘mortgagee’, or ‘vendor’ and ‘purchaser’. If
no such name is adopted, the parties can be referred to as ‘the party of the first part’ (or ‘the first par-
ty’), ‘the party of the second part’ (or‘the second party’), ‘the said AB’, ‘the said CD’, but is is always
preferable to give each party some short name for reference. Whatever short name is adopted the party
should be referred to throughout by the same name.
The form, in which the parties will be described in the beginning of the deed, would thus be as fol-
lows:
“This SALE DEED is made on the_______day of _______BETWEEN AB (hereinafter called ‘the
Vendor’) of the one part and CD (hereinafter called ‘the Purchaser’), of the other part.”
If the transferor along is made a party, this clause will run as follows:
“The SALE DEED is made on the _______day of________by AB (hereinafter called ‘the Vendor’)”.
If there are more than two parties, instead of the works “of the one part” and “of the other part” the
works “ of the first part”, “of the second part”, “of the third part”, etc., should be used.
D) RECITALS
Recitals are of two kinds: (1) Narrative Recitals, relates to the past history of the property transferred
and set out facts and instruments necessary to show the title and the relation of the parties to the sub-
ject-matter of the deed; and (2) Introductory Recitals, which explain the motive for the preparation
and execution of the deed.
Form of Recitals
Recitals generally begin with the word ‘WHEREAS’, but, when there are several recitals, one can
either repeat the word before every one of them, by beginning the second and subsequent ones with
the words ‘AND WHEREAS’, or divide the recitals into numbered paragraphs with the word
‘WHEREAS’ at the top.
E) Testatum
The next part of a deed consists of the operative part. It commences with a witnessing clause termed
the ‘testatum’, which refers to the introductory recitals of the agreement (if any) and also states the
consideration (if any) and recites acknowledgement of its receipt. The witnessing clause usually be-
gins with the words ‘NOW THIS DEED WITNESSES’. These words of testatum are of no im-
portance as affecting the operation of the deed and their sole use is to direct attention to the object
which the deed is intended to serve several objects, use the words ‘as follows’ after the testatum, thus:
‘NOW THIS DEED WITNESSES AS FOLLOWS:’
F) CONSIDERATION
As contracts are necessarily for consideration (Sec. 10 of the Contract Act), it is advisable to express
the consideration. This is necessary in many cases of transfer for ascertaining the stamp duty payable
on the deed as Sec. 27 of the Indian Stamp Act requires that the consideration should be fully and tru-

All copyrights reserved to VIDHIGYATA

 89

ly set forth in the deed. The penalty for omission to comply with this requirement is a fine which may
extend to RS. 5,000 (vide Sec. 64).
G) RECEIPT
Acknowledgment of receipt of consideration may be embodied in the deed itself instead of passing a
separate receipt. Thus:
“NOW THIS DEED WITNESSES THAT in pursuance of the aforesaid agreement and in considera-
tion of Rs. ________paid by the purchases to the vendor before the execution hereof, the receipt of
which the vendor hereby acknowledges”.
H) OPERATIVE WORDS
Then follow the real operative words which vary according to the nature of the estate and of the trans-
action.
I) PARCELS
This is a technical expression meaning description of the property transferred and it follows the opera-
tive words. Care must be taken, on the one hand, to include in the particular description or in general
words, all the lands, etc., which are intended to pass so that no doubt may arise as to the extent and
operation of the deed; and on the other hand, not insert words which will pass more than what is in-
tended.
Map: Sometimes it is necessary to have a map or a plan of the property in order to avoid mistake
about its identity and to indicate the actual property conveyed with greater definiteness and precision.
A map referred to in a transfer deed is treated as incorporated in the deed, and if it is drawn to scale
and demarcates the boundaries clearly it is not permissible to attempt to correct them with reference to
revenue records.
Great care should be taken in describing the property, as a slight mistake or omission may cause im-
mense loss to a party and if the property is described both in the body and the schedule, a conflict be-
tween the two should be carefully avoided.
J) EXCEPTIONS AND RESERVATIONS
All exceptions and reservations out of the property transferred should follow the parcels. An excep-
tion is something in existence at the date of transfer which, if not expressly excepted, would pass with
the property as described in the parcels, such as trees. A reservation is something not in existence at
the date of the transfer but is newly created by the grant, e.g. when the vendor reserves a right of way
over the property. But since both ‘excepting and reserving’ are used in practice it is immaterial
whether what follows is an exception or a reservation.
K) HABENDUM
This is familiar ‘to have and to hold’ (in Latin, habendum et tenendum) clause of the English prece-
dents. In India such phrases as ‘to have and hold’ or such expressions as ‘to the use of the purchaser’
are not strictly necessary.
L) CONVENANTS AND UNDERTAKINGS

All copyrights reserved to VIDHIGYATA

 90

If the parties to a transfer enter into covenants, such covenants should be entered after the Habendum.
While drafting covenants, regard should be had to the statutorily implied covenants which operate
subject to any contract to the contrary. Where several covenants follow each other, they may run on as
one sentence, each being introduced with the words ‘and also’ or by the words ‘First’, ‘Secondly’, etc.
or they may be set out in paragraph form with the heading.
‘THE VENDOR HEREBY COVENANTS WITH THE PURCHASER AS FOLLOWS:’
It is better to put in the transferor’s and the transferee’s covenants separately, and any covenants mu-
tually entered into by the parties with each other may be inserted separately. If the transferer’s and
transferee’s covenants are separately mentioned in the deed, care should be taken that no covenant
which should really by the covenant of one party is entered in the covenants of the other. For exam-
ple, if a lessee is given the right to cut trees of a certain kind and not to cut tree of a different kind, the
latter covenant is a covenant by the lessee and the former is a covenant by the lessor and both should
not be inserted in one covenant by either.
When it is found inconvenient or awkward to split up, what really is one covenant into two parts, it is
better to insert such a covenant as a mutual covenant by the parties. Sometimes the terms and condi-
tions of a transfer cannot be conveniently separated into transferor’s covenants and transferee’s cove-
nants. In such cases, it would be better to include all the covenants under one head as parties’ cove-
nants thus:
‘THE PARTIES HEREBY MUTUALLY AGREE WITH EACH OTHER AS FOLLOWS:’
M) TESTIMONIUM
The last part of a deed is the testimonium which sets forth the fact of the parties having signed the
deed. This is not an essential part of the deed, but as it marks the close of the deed there is no harm in
continuing the established practice. The usual English form of testimonum is as follows:
‘In witness whereof the parties hereto have hereunto set their respective hands and seals the day and
year first above written.’
The use of seals is not common in India except in cases of companies and corporations, and the proper
form in simple language would be somewhat as follows:
‘In witness whereof the parties hereto have signed this deed on the date first above written.’
N) SIGNATURES AND ATTESTATION
After testimonium should follow the signatures of the executants and those of attesting witnesses. If
executant is not competent to contract or is a juristic person, the deed must be signed by the person
competent to contract on his or its behalf.

*****

All copyrights reserved to VIDHIGYATA

 91

WILL

Section 2(h) of the Indian Succession Act, 1925 defines Will as:

“Will means the legal declaration of the intention of a testator with respect to his property which he

desires to be carried into effect after his death.”

Section 2(b) of the Indian Succession Act, 1925 defines Codicil as:

“Codicil is an instrument made in relation to a will, and explaining, altering or adding to its disposi-

tion, and shall be deemed to form part of the will.”

 There is no standard form prescribed by law regarding drafting a will.

 The language of the will should be clear and unambiguous.

 The properties should be described with complete clarity.

 A will is drafted in first person.

 Details of the testator to be mentioned clearly. (Name, Age, Occupation, Address etc.)

 Details of bequeath, to whom and which property is given.

 Details of the executor if any.

 Previous testaments if any.

 Sound state of mind of testator.

 Signature and attestation. Signature of the testator and attesting witnesses (with them details)

 No stamp duty is required to be paid on a will.

 Will is not required to be compulsorily registered, it is optional.

*****

All copyrights reserved to VIDHIGYATA

 92

WILL
THIS IS THE LAST WILL TESTAMENT of me, Sh. XYZ S/o Sh. ABC R/O 13, PQS APPART-
MENTS, ROHINI, DELHI- 110085 made at…. (Place) on…. (Date).
That life is uncertain and this is my last Will by way of which I bequeath voluntarily and out of my
own free will in a sound state of mind, my self-acquired properties to the beneficiaries as described
hereunder.

WHEREAS I was married to…...(name) on…. (date) and is living happily for …. Years and out of the
wedlock we have two children, a son ……. (name) aged… and a daughter …… aged…... AND
WHEREAS …... my son is happily married to…. (name) and out of the wedlock, they are blessed
with one child…... (name) aged…. and are residing at ……(address).
AND WHEREAS ……my daughter is married to…(name) and out of the wedlock they are blessed
with one child…. (name) aged… and are residing at…(address).

In my lifetime I have built my movable and immovable properties out of my own sources and, there-
fore, I am the absolute owner of the properties hereunder.
IMMOVABLE PROPERTY
1. Residential property bearing no. …………. admeasuring …………...
2. Residential property bearing no………. admeasuring………….
(hereinafter called the Immovable Property)
MOVABLE PROPERTY
All my household and personal belongings at ………...
FD’s if any
Gold Details etc.
(hereinafter called the Movable Property)
I HEREBY WISH that my abovementioned property should devolve in the following manner:
That my property bearing no………would devolve on to my wife…. absolutely and unconditionally
and she shall deal with the said property in any manner as she likes and me children will have no
claim on this property whatsoever.
That my property bearing no…… and my all-movable property would devolve on to me son…... ab-
solutely and unconditionally and none of my legal heirs shall have any claims on this property what-
soever.
That my daughter is happily married and is well settled in her matrimonial home and she does not
need any financial support for survival after my death.
That my present will is drafted in my presence and upon my instructions and contents of me will have
been read out to me in my own vernacular.
I declare the contents of this Will to be my last Will arrived at by me in sound state of mind.

All copyrights reserved to VIDHIGYATA

 93

IN WITNESSES WHEREOF I…... have signed this will hereunder on this …. Day of …., 20...at…in
the presence of the following witnesses who are also attesting this will in me presence and at my re-
quest.

TESTATOR

Signed by the above-named testator in our presence at the same time and each of us has in the
presence of the testator signed our name hereunder as an attesting witness

[Link] AND DETAILS OF WITNESS SIGN

2. NAME AND DETAILS OF WITNESS 2 SIGN

*****

All copyrights reserved to VIDHIGYATA

 94

POWER OF ATTORNEY

Power of Attorney is a document of agency or a formal arrangement by which one person (Principal)
gives another person (Attorney or Agent) authority to act on his behalf and in his name. As per the
Power of Attorney Act, 1882:
“Power-of-Attorney includes any instruments empowering a specified person to act for and in the
name of the person executing it.”
A Power of Attorney may be a general or special power. A General Power of Attorney covers more
than one subject matter while a Special Power of Attorney relates to a specific subject matter, though
it may contain several powers relating to the same subject matter. Power of Attorney is required to be
stamped but need not be mandatorily registered.
GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT THIS GENERAL POWER OF ATTORNEY is
executed at New Delhi on this 1st day of January 2004 by M/s. TINRIN, a company incorporated un-
der the Companies Act having its registered office at E-1 WESTEND, New Delhi through its Manag-
ing Director Mr. X……(details) (hereinafter referred to as the EXECUTANT), DO HEREBY AP-
POINT, NOMINATE, CONSTITUTE AND AUTHORISE Sh. Y…. (details), Executive Director of
M/s TINRIN (hereinafter referred to as the ATTORNEY) AS MY TRUE AND LAWFUL ATTOR-
NEY TO
MANAGE, CONTROL, LOOKAFTER / SUPERVISE, PERFORM ALL LEGAL ACTS MEN-
TIONED HEREUNDER.
WHEREAS…...
AND WHEREAS…..(Mention few recitals like the purpose of making this GPA).
NOW THIS GENERAL POWER OF ATTORNEY WITNESSESTH AS UNDER: -
(i) To institute, commence and conduct any action, suit or other legal proceedings before any Court,
Arbitrator, Quasi-judicial or authorities, Offices, Tribunals, Labour Courts, Conciliation Officers,
Land Acquisition Officers, etc. on behalf of the company for claiming any right, relief, recovery, title,
interest, property or in respect of any matter connected with or arising out of the Company’s business
and subject to aforesaid, to settle, adjust, compromise or submit to Arbitration any such actions, suits
or proceedings.
(ii) To defend all actions, suits, proceedings, applications, petitions, appeals, revisions, reviews, arbi-
trations, conciliations, taxation and labour matters and other disputes that are now pending or may
hereafter be brought or made or instituted in any Court or office or Tribunal, Arbitrator, Conciliation
Officer, or any other Judicial or Quasi-judicial authorities in the name of the company.
(iii) To appear and represent the Company in any Court of Justice or Tribunal whatsoever and for the
purpose aforesaid or any of them to sign and verify plaints, written statements, applications and swear
affidavits and to sign petitions and other necessary documents including Valalatnama and to appoint

All copyrights reserved to VIDHIGYATA

 95

any Solicitor, Advocate, Pleader or other Legal Advisor with the necessary power and such again at
pleasure, to revoke and appoint others in their place.
(iv) To continue and conduct or defend any appeal, review, revision, arbitration in any Court or Tri-
bunal or office against any order, judgment or decree made in suits, actions, proceedings, application
etc.
(v) Generally for and in the name and as the act and deed of the Company to make, execute and do all
and every such further and other acts. Deeds, matters and things as shall be fit, requisite and necessary
in and about the premises and for all or any of the purposes aforesaid and as the Company could do if
acting in the premises.
And I, the said Managing Director of the Company and also for the said Company hereby agree to
ratify and confirm whatsoever the said Attorney shall lawfully do or cause to be done in or about the
premises by virtue of these presents.
IN WITNESS WHEREOF I have hereunto signed this document on the date and place first above
written in the presence of following witnesses.

EXECUTANT

WITNESSES:

(1)

(2)

*****

All copyrights reserved to VIDHIGYATA

 96

SPECIAL POWER TO ATTORNEY TO EXECUTE A SALE DEED

KNOW ALL MEN BY THESE PRESENTS THAT THIS SPECIAL POWER OF ATTORNEY is
executed at New Delhi on this 1st day of January 2004 by I, AB, ……(details) (hereinafter referred to
as the EXECUTANT), DO HEREBY APPOINT, NOMINATE, CONSTITUTE AND AUTHORISE
Sh. Y….(details), (hereinafter referred to as the ATTORNEY) AS MY TRUE AND LAWFUL AT-
TORNEY TO PERFORM ALL LEGAL ACTS MENTIONED HEREUNDER.
WHEREAS…..
AND WHEREAS…..(Mention few recitals like the purpose of making this SPA).
NOW THIS SPECIAL POWER OF ATTORNEY WITNESSESTH AS UNDER:-
1. To receive from the purchaser or his heirs or assigns the sum of Rs……………being the price
agreed to be paid to me by XY for the purchase of (description of property) under an agreement dated
the………………and to give an effectual receipt and discharge for the same;
2. To execute a proper sale deed of the said property or any other deed or assurance necessary for the
completion of the sale of such property and to get the same duly registered;

And I hereby agree to ratify and confirm whatsoever the said Attorney shall lawfully do or cause to be
done in or about the premises by virtue of these presents.
IN WITNESS WHEREOF I have hereunto signed this document on the date and place first above
written in the presence of following witnesses.

EXECUTANT
WITNESSES:
(1)
(2)

*****

All copyrights reserved to VIDHIGYATA

 97

SALE OF IMMOVABLE PROPERTY

Section 54 of the Transfer of Property Act, 1882 defines Sale as:
“Sale is a transfer of ownership in exchange for a price paid or promised or part-paid or
partpromised.”
 The contract for sale of immovable property must be in writing.
 Section 55 of the Transfer of Property Act, 1882 lays down the duties, obligation and rights of the
vendor and purchaser under an agreement of sale, as well as for sale in case of absence of contract to
the contrary.
 Sale deed is chargeable with the stamp duty.
 Where the value of the immovable property is more than Rs. 100, it is required to be compulsorily
registered.
 An agreement for sale and sale deed should clearly show: who are the parties to the contract (Ven-
dor/Vendee or Vendor/Purchaser or Seller/Buyer); the subject matter; the intention to sell and buy; the
price agreed and how it is to be paid and other terms of the contract.
 The contract for sale of immovable property is usually preceded by an agreement for sale
AGREEMENT FOR SALE

THIS AGREEMENT is made at …………on this …………day of……….

BETWEEN
Mr. A aged……..s/o……….r/o….. (hereinafter referred to as the VENDOR which expression shall,
unless repugnant to the context or meaning thereof shall mean and include his heirs, executors, admin-
istrators and assigns of the FIRST PART).
AND
Mr. B aged ……….s/o……….r/o….. (hereinafter referred to as the VENDEE/PURCHASER
which expression shall, unless repugnant to the context or meaning thereof shall mean and include his
heirs, executors, administrators and assigns of the SECOND PART).
WHEREAS the Vendor is the absolute owner of the property bearing no…….admeasuring….situated
at………(hereinafter referred to as the said property).
AND WHEREAS the Vendor has agreed to sell the said property to the Vendee at the price and on the
conditions mentioned hereinafter.
NOW IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. The Vendor hereby agrees to sell, transfer and convey the said property in favour of the Vendee.
2. That the consideration of Rs….is to be paid by the Vendee to the Vendor. Rs…..is to be paid at the
execution of this agreement as earnest money. Rs….on…..(date) and lastly Rs….at the time of final
sale deed.
3. The Vendor acknowledges the payment of Rs….as earnest money paid in cash/cheque/dd
no…drawn on ……(Bank name and Branch) by Vendee.

All copyrights reserved to VIDHIGYATA

 98

4. The Vendor shall make out a marketable title of the said property free from encumbrances and rea-
sonable doubts.
5. The Vendor shall deliver to the Vendee the title deeds relating to the said property in his possession
and power on execution of these presents for inspection and investigation of the title by the Vendee or
his advocate.
6. The Vendor agrees to apply for, obtain and furnish unto the Vendee all such permissions as may be
necessary under the laws for registration of Sale Deed.
7. The Vendor and the Vendee hereby agree that the sale will be completed within six months from
the date hereof.
8. All the taxes, levies etc due and payable against the said property shall be paid by the Vendor till
the completion of sale and thereafter it will be the responsibility of the purchaser.
The Vendor shall handover all the tax receipts etc. duly paid to the Vendee at the time of completion
of sale.
9. The Vendor agrees to handover actual, physical and vacant possession of the said property unto the
Vendee at the time of sale deed.
10. That the expenses towards the payment of stamp duty, registration charges and all other incidental
expenses for agreement for sale and sale deed shall be borne out by the Vendee.
11. If the Vendor fails to make out the clear marketable title to the said property as aforesaid then the
Vendee will have the right to cancel this agreement by giving atleast fifteen days notice to the Vendor
and after the expiration of fifteen days the agreement shall stand terminated and the Vendor agrees to
return the earnest money to the Vendee.
12. If the Vendee fails to perform his obligations under this agreement within the time stipulated then
the Vendor shall be entitled to cancel this agreement by giving atleast fifteen days notice in writing to
the Vendee. On termination the Vendor will be entitled to forfeit the earnest money paid by the Ven-
dee.
SCHEDULE OF PROPERTY
Details of the property to be mentioned.
IN WITNESS WHEREOF parties hereunto have signed this document on the date and place first
above written in the presence of following witnesses.

VENDOR

VENDEE
WITNESSES:
(1)
(2)
*****

All copyrights reserved to VIDHIGYATA

 99

SALE DEED
THIS SALE DEED is made at …………on this …………day of……….
BETWEEN
Mr…… aged……..s/o……….r/o….. (hereinafter referred to as the VENDOR which expression shall,
unless repugnant to the context or meaning thereof shall mean and include his heirs, executors, admin-
istrators and assigns of the FIRST PART).
AND
Mr……. aged ……….s/o……….r/o….. (hereinafter referred to as the VENDEE/PURCHASER
which expression shall, unless repugnant to the context or meaning thereof shall mean and include his
heirs, executors, administrators and assigns of the SECOND PART).
WHEREAS the vendor purchased a freehold residential plot measuring 300 sq. yds. And bearing
No.170 in ‘M’ Block of the residential colony known as Greater Kailash Part-II, New Delhi vide sale
deed dated 6.8.85 registered in the office of the Sub-Registrar, New Delhi as document No. 5560
Addl. Book No. I, Vol. No. 5318 at pages 136 to 152 on 6.8.85.
The aforementioned plot is bounded as under :-
EAST ... ROAD
WEST… SERVICE LANE
NORTH … PLOT NO. M-168
SOUTH… PLOT NO. M-172

AND WHEREAS the Vendor after purchasing the said plot, got the building plan sanctioned
from the Municipal Corporation of Delhi vide their letter/file No. 400/B/85 dated 13.12.85.
Then the Vendor caused construction thereon of residential building on different floor levels.

AND WHEREAS the Vendor has agreed to sell and the Vendee has agreed to purchase part
of Basement (760 Sq. ft. approx), one front Bed Room of the First Floor (with attached bath
room and small balcony) of the said building on ‘as is where is’ basis for a total consideration
of Rs. 2,50,000/- (Rupees two lacs and fifty thousand only) on the terms and conditions set
forth hereinafter.

NOW THIS SALE DEED WITNESSES AS FOLLOWS:

1. That in pursuance of this agreement, the Vendor has already received from the Vendee a sum of Rs.
2,00,000/0 (Rupees two lacs only) as part sale consideration, the receipt of which the Vendor hereby
admit and acknowledge.
2. The balance amount of Rs. 50,000/- (Rupees fifty thousand only) has been paid by the Vendee to
the Vendor by cheque No. 010806 dated 29.9.86 drawn on Central Bank of India, Kalkaji, New Delhi-
110019.

All copyrights reserved to VIDHIGYATA

 100

3. That is view of the amount of sale consideration received, the Vendor hereby grant, convey and
transfer all his rights, titles and interests as held on the date hereof in the said part of basement and
part of First Floor of the said property together with undivided, indivisible and impartible proportion-
ate ownership rights on the land underneath the said building, on the terms and conditions contained
herein, provided that common staircase, water tanks and other common facilities, fittings etc. shall be
used and enjoyed by the Vendee alongwith other owners/occupants of the said building.
4. That the Vendor is free to sell the remaining portion (s) of the said residential building to any other
party/parties with common rights for use of common entrances, common passages, staircases, water
tanks, common facilities etc. and the Vendee will not make any objection thereto.
5. That the Vendor assures that the sale of the said residential portion/domestic storage space is free
from attachment, tenancies gifts, decree, prior sale and religious disputes and if it is proved otherwise
at any time and the Vendee suffers any loss due to any of the aforementioned reasons, then the Ven-
dor shall be liable to make good the loss thus suffered by the Vendee.
6. That the Vendee has perused the original title deed, sanctioned plans. Sale plans etc. and has fully
satisfied herself.
7. That the Vendee/occupants shall have no right to use or affix or exhibit any display boards or any
big writing or any sing boards at the external face of the said building.
8. That all expenses of registration, Corporation tax etc. have been borne and paid by the Vendee.
9. That charges for maintenance/consumption for common amenities such as lights in staircases etc.
and booster and charges for major repairs etc. shall be paid by the owners of all the portions propor-
tionately.
10. That all taxes from the date of the Agreement to sell the said portion shall be borne and paid by
the Vendee. If assessment of taxes in not made separately for each portion, then all the owners of the
said building shall pay such charges proportionately directly to the authorities concerned and the
Vendor shall in no way be responsible for the same.
11. That the Vendee shall keep the said property in properly repaired and good condition and shall not
do anything or omit to do anything which may endanger or affect the other portions of the said build-
ing or hinder the proper and reasonable use of such portions by the other owners/occupants of the said
building.
12. That the existing use of the said portion of first floor is residential and that on Basement domestic
storage. The Vendee shall neither use the said portion for any illegal, immoral or commercial purpose
nor use it so as to cause annoyance or nuisance to the other owners/occupants of the said building.
Common parts e.g. staircase, passage, driveway etc. will in no case be used for keeping/chaining
pets/does or any other animal/bird or storing cycles, scooter, motor-cycles etc.
13. The Vendee has also satisfied herself about the soundness of the title of the Vendor and his power
to sell the said portion in the manner stated herein.

All copyrights reserved to VIDHIGYATA

 101

14. While building is under construction, the Vendee shall have the right to make at her own discre-
tion any internal alternations (except structural) in the said portion at her own cost and expenses.
15. That the Vendee shall not construct anything whatsoever upon or over hanging the said land or the
portion of the said land kept uncovered and unbuilt upon the building (including terrace). The Vendee
shall not make any alterations involving structural changes in the said protion/building. The Vendee
shall have no right to use the terrace at the top of the building.
16. That the Vendee and owners/occupants (alongwith servants/workmen) of all the portions of the
said building will have full right for access to booster pump (tubewell), water meter, sewer tank,
overhead water tank etc. at all reasonable times only on notice (except in the case of emergency) to
get their underground and overhead tanks, booster pump etc. repaired/cleaned.
17. That photostat copies of title deeds etc. have been handed over by the Vendor to the Vendee and
physical, vacant possession of the said floor/portion has also been taken by the Vendee.
18. That this transaction has taken place at New Delhi. As such Delhi Court shall have exclusive ju-
risdiction to entertain any dispute arising out of or in any way touching or concerning this deed.

SCHEDULE OF PROPERTY
Details of the property to be mentioned.

IN WITNESS WHEREOF parties hereunto have signed this document on the date and place
first above written in the presence of following witnesses.

VENDOR

VENDEE
WITNESSES:
(1)
(2)

*****

All copyrights reserved to VIDHIGYATA

 102

LEASE DEED
THIS LEASE DEED is made and executed at Delhi on ………(Date)
BETWEEN
Smt. Sudarshan Kaur W/o Sh. Paramjit Singh R/o H. No. M-170, Greater Kailash-II, New Delhi here-
inafter referred to as the LESSOR, which expression shall unless excluded or repugnant to the context
to be deemed to include legal heirs i.e. Mr. Paramjit Singh, Husband of Lessor herein, successors, ex-
ecutors, administrators, representatives and assigns of the FIRST PART.
AND
M/s. Dave Thomson Associates (India) Pvt. Ltd. having its registered office at Satyug-Villa 1 st Floor,
5, Gurunanak Nagar off Shankarshet Road, Pune through, their Director Mr. H. R. Srinivas to enter
into these presences hereinafter referred to as the LESSEE which expression unless excuded or re-
pugnant to the context shall include and mean, successors, successors in interest and assigns of the
SECOND PART.

WHEREAS the Lessor has represented to the Lessee that she is the owner/landlady of the Basement
portion of the construction at M-170, Greater Kailash-II, New Delhi admeasuring 760 Sq. ft. approx-
imate covered area in the said premises and is desirous of letting out the same, hereinafter referred to
as the demised premises.
AND WHEREAS the Lessee has offered to take the demised premises on Lease and the Lessor has
agreed to let out the same on the terms and conditions hareinafter specified.

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That the Lessor hereby conveys to the Lessee the basement portion of the said premises admeasur-
ing 760 Sq. ft. Approx for a period of 24 months with effect from 1st Sept. 1993 at a monthly, rent of
Rs. 4000/- (Rs. Four thousand only) exclusive of Electricity, water charges, actual bills/ rental charges
of Telephone/Fax whenever installed in the demised premises.
2. That the Lease will be for an initial period of 24 months with effect from …….. The rent will be
increased by 10% of the rent payable per annum immediately after expiry of every 12 months.
[Link] both, the Lessor and the Lessee have the right to terminate the Lease even before the expiry of
the Lease period, by giving 3 months written notice.
4. That the Lessor shall have the option to renew the Lease for a further period of 2 years at the terms
and conditions as laid out by the Lessor.
5. That on the date of execution of this Lease Deed, the Lessee had paid a sum of Rs. 36000/- (Rs.
Thirty Six Thousand only) vide pay order No….dated….drawn on……….as security deposit which
will be kept by the Lessor for the due performance of the terms and conditions of this Lease, free of
interest. On termination of the Lease, the Lessor shall refund the security deposit/unadjusted advance
rent, if any. In case the Lessor fails to refund the security Deposit/balance advance rent, the Lessee
shall be entitled to charge interest at the rate of 21% per annum from the date of termination of Lease
till the date of refund. Aditionally, the Lessee shall be entitled to hold possession of the property till
the refund of security deposit/unadjusted advance rent alongwith interest, if any is made without pay-
ment of rent/Lease money. This will be applicable only on production of documentary proof by the

All copyrights reserved to VIDHIGYATA

 103

Lessee to the Lessor that all dues pertiaining to electricity and any other charges payable by the Les-
see have been cleared upto date.
6. The Lessee covenants with Lessor as under :
i) That the Lessee agrees to pay a monthly rent of Rs. 4000/- (Rs. Four thousand only) mentioned
above on or before 7th day of every month.
ii) That the Lessee agree to carry out minor repairs or replacement of broken parts in electrical and
sanitary installations and glasses himself, but major repairs pertaining to the structure of the house
will have to be done by the Lessor, as and when considered necessary by him. However, the Lessee
shall handover the vacant physical possession to the Lessor on termination of this Lease in the same
conditions as it has been handed over to him.
iii) That the Lessee shall give vacant possession of the premises to the Lessor after the expiry of the
Lease period.
iv) That the Lessee shall duly comply with all the rules and regulations of local authorities with regard
to the use of the premises.
v) That the Lessee shall pay the electricity charges in accordance with the bills at rates determined by
DESU and accordance with bills/demands received from DESU, NDMC including meter rents etc.
The meter readings on the date of possession will be duly recorded.
vi) That the demised premises have been let out to the Lessee for authorised use only.
vii) That the Lessee shall permit the Lessor or his duly authorised agents during reasonable hours in
the day time to enter upon the demised premises for inspection of the Lessor’s fixtures and fittings
therein, and the premises as may be deemed fit by the Lessor.
viii) That the Lessee at the expiry of this Lease shall deliver peaceful and vacant possession of the
demised premises to the Lessor together with the fittings and fixtures installed in good condition as
the same are at present, reasonable wear and tear and damage by fire, earthquake, civil commotion,
act of God excepted including lightening to fittings etc. but excluding telephones, fax computers and
air conditioners. No fixtures, wood work etc. carried by the Lessee shall be removed/damaged at the
time of handing over vacant possession of the demised premises.
ix) That the Lessee shall not make any alteration of permanent nature within the premises as well as in
the open space, without the written consent of the Lessor.
x) That the Lessee shall keep the premises in good tenantable condition and shall not cause any loss/
damage to it, subject to normal wear and tear of the premises.
xi) The Lessee shall observe and perform at all time during the continuance of the terms hereby creat-
ed all the terms and conditions herein as contained.
xii) That the Lessee will not park any motor car or any other vehicle in this outer drive way of the
premises at any time both inside and outside the main gate.
7. That the Lessor hereby covenants with Lessee as follow:-
i) That the Lessor has good right and full power and absolute authority to Lease the demised premises
to the Lessee in manner herein contained.
ii) That the Lessor shall not interfere with the peaceful enjoyment of the property by the Lessee
whether directly on indirectly.
iii) That the Lessor shall observe and perform at all times during the continuance of this deed, all the
terms and conditions contained in the Lease deed by virtue of which the Lessor is holding the said
premises and shall keep the Lessee indeminified against any breach or consequences thereof.
iv) That the Lessor shall pay the taxes whether Municipal or otherwise and failing to pay any such
amount when the same shall fall due for payment, the Lessee shall be entitled to pay the same on be-
half of the Lessor and to deduct the amount so paid from the rent payable by the Lessee to the Lessor
hereunder.

All copyrights reserved to VIDHIGYATA

 104

v) That the Lessor shall comply with, at his own cost, all requirements and regulations of the Munici-
pals or other lawful authority concerning the demised premises to the observed by the owner/landlady.
It is hereby mutually agreed and declared by the parties hereto as follows :-
i) In the event of the demised premises or any part thereof being destroyed or damaged by fire, earth
quake, flood, war, air raid, civil commotion, riots or any act of God or irresistible force during the
period of the Lease, this Lease shall at the option of the Lessee be terminated. And in the event of the
Lessee being desirous of any part thereof as the case may be so as to enable the Lessor to repair the
damage or reinstate the same and the rents hereby reserved shall remain suspended till the demised
premises or any part thereof as the case may be reinstated or restored to its former state and posses-
sion if delivered over to the Lessee for the remaining part of this Lease, if any.
ii) That in the event of any dispute or difference arising out of this deed, the matter will be referred to
the Arbitrator to be appointed by consent of both the parties and his decision will be binding on both
the parties.
iii) That the parties to the agreement have specifically agreed that considering the location, accommo-
dation, and condition of the said property, the Lease rent is fair rent and in consonance with the prop-
erty, market rates.
iv) That the terms and conditions of this agreement as stated above shall be binding on both the par-
ties.
v) That the Lease shall automatically come to an end on the expiry of the Lease period. The peaceful
and vacant possession of the demised premises will be deemed to have been handed over by the Les-
see to the Lessor.
vi) The cost of preparation of the original Lease and duplicate thereof and stamps and registration fee
and in connection with the same shall be borne and paid by the Lessee.
vii) The Lessor shall retain the original of the Lease deed and the Lessee the duplicate thereof.

IN WITNESS WHEREOF, these presents have been executed by the parties hereto on the day, month
and year first mentioned herein above in presence of witness:

LESSOR

LESSEE
WITNESSES:
(1)
(2)

Note: Read Section 105 to Section 111 of the Transfer of Property Act, 1882.

*****

All copyrights reserved to VIDHIGYATA

 105

MORTAGAGE DEED
THIS DEED OF MORTGAGE is executed at Delhi on this …..day of …….
BY
Mr. A son of Sh. ____ resident of ____ hereinafter called the MORTGAGOR, which expression shall
mean and include his heirs, legal representatives, executors, administrators and assigns of the First
Part;
IN FAVOUR OF
M/s ABC Ltd., a company incorporated under the Companies Act having its registered office at ___
hereinafter called the MORTGAGEE, which expression shall mean and include its successors.
WHEREAS the Mortgagor has vide sale-deed dated 5.1.1988 purchased a vacant residential plot bear-
ing Municipal No. A-25 situated at Ashok vihar , Delhi
AND WHEREAS, the Mortgagor wants to construct a residential building on the aforesaid vacant plot
of land;
AND WHEREAS the Mortgagor does not have enough financial means to undertake the construction
of the residential building on the aforesaid plot of land;
AND WHEREAS the Mortgagee, with whom the Mortgagor is presently employed, has agreed to ad-
vance a loan of Rs.2,00,000/- ( Rupees Two lakhs only ) to the Mortgagor, and which loan shall be
utilized by the Mortgagor towards the construction of a residential house on the above vacant plot of
land.
AND WHEREAS in consideration of the aforesaid amount of Rs. 2,00,000/- borrowed by the Mort-
gagor from the Mortgagee, the Mortgagor has agreed to execute this Mortgage deed of the vacant plot
of land in favour of the Mortgagee.

NOW THIS DEED, THEREFORE WITNESSES AS UNDER:

1. The Mortgagor admits and acknowledges that he owes a sum of Rs.2,00,000/- to the Mortgagee on
the basis of promissory note and receipt dated ….. executed by him in favour of the Mortgagee.
2. The Mortgagor shall be liable to pay interest on the above stated principal sum of Rs. 2,00,000/-
@12% per annum form the date of the loan until payment and in this manner the total charge of the
referred property of the Mortgagor shall be the principal sum of Rs. 2,00,000/- and interest accruing
thereupon.
3. The Mortgagor will pay to the Mortgagee the said sum of Rs. 2,00,00/- in equal monthly install-
ment of Rs.2026/- per month on or before the ………. and in the meantime interest thereon or on such
thereof as shall for the time being remain unpaid, at the rate of 12% per annum by half yearly pay-
ments on the ………. and the ……… in each year.
4. That any interest not paid on the due dates shall be treated as principal and added to the principal
sum herby secured and bear interest at the rate and payable on the half yearly days aforesaid.

All copyrights reserved to VIDHIGYATA

 106

5. In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple mortgage to the
Mortgagee, a vacant residential plot bearing Municipal No. A-25, Ashok Vihar, Delhi.
6. By this deed, the Mortgagor also mortgages to the Mortgagee any building and all other permanent
structures that shall be built on the aforesaid vacant plot by the Mortgagor.
7. The Mortgagor hereby covenants with the Mortgagee as follows:
(i) That the said premises are free from all encumbrances and the Mortgagor undertakes that until the
entire principal amount and interest, if any due, is not paid back to the Mortgagee, the Mortgagor shall
not create any fresh mortgage, charge, pledge, or in any other manner, alienate the corpus or his inter-
est in the aforesaid property to any third person.
(ii) If the Mortgagor fails to pay the sum with interest after it has become payable under the provi-
sions of this deed, the Mortgagee shall, in addition to any other remedy available to him under the
law, have the power to sell without the intervention of a Court the mortgaged property or any part
thereof for the realization of the money due to it hereunder.
(iii) During the continuance of the Mortgage, the Mortgagor shall keep any building or permanent
structure erected on the aforesaid plot of land insured against damage by fire in the name of the Mort-
gagor with an Insurance Company and shall punctually pay all premium on such insurance and shall
produce to the Mortgagee on demand, the policy of such insurance and the receipt for the premium so
paid.
Provided always, that if the Mortgagor shall make default in any of the above matters, the Mortgagee
may, in its discretion, insure and keep insured all or any of the said building and permanent structures
to the amount aforesaid and that the expenses of doing shall be repaid to it by the Mortgagor on de-
mand, and until so paid shall be added to the principal money hereby secured and bear interest accord-
ingly and be secured in the like manner as the said principal.
IN WITNESSES WHEREOF the Mortgagor has executed this document on the date, first above writ-
ten.

MORTGAGOR

MORTGAGEE
WITNESSES
1.
2.

*****

All copyrights reserved to VIDHIGYATA

 107

PARTNERSHIP DEED
THIS DEED OF PARTNERSHIP is executed at New Delhi on this ……day of ……...
BETWEEN
Sh. X S/o _____ R/o____, hereinafter called ‘THE FIRST PARTY’ which expression shall
mean and include his heirs, successors, executors and legal representatives.
AND
Sh. Y S/o Sh. ____ R/o ______, hereinafter called ‘THE SECOND PARTY’ which expression shall
mean and include his heirs, successors, executors and legal representatives.
WHEREAS the First Party is in occupation as a tenant of property measuring 1000 sq. ft. on the
ground floor bearing No. E-1 Ram Nagar, Delhi.
AND WHEREAS the First Party is desirous of carrying on the business of interior decoration and the
Second Party, being experienced in this trade, has approached the First Party to run this business with
him jointly in partnership.
AND WHEREAS the parties have agreed to commence and run the business of interior decoration,
furnishing, manufacture and sale of furnishing, manufacture and sale of furniture, soft furnishing and
accessories in partnership.
NOW, THEREFORE, THIS DEED WITNESSES AS UNDER:
1. The name and style of this partnership business shall be M/s XYZ.
2. The business of this partnership shall be considered to have commenced on………
3. That the principal place of business of this partnership shall be at E-1 Ram Nagar, Delhi. However,
the same may be shifted or carried on elsewhere as well with the mutual consent of both the parties
from time to time.
4. That the business of the partnership shall be interior decoration, furnishing, manufacture and sale of
furniture, soft furnishing and accessories. However, the parties will also be entitled to extend their
activities into business or manufacturing of any other item as well.
5. The shares of the parties in the profits and losses shall be as follows:
i) First Party – 51% ii) Second Party – 49%
6. The initial capital has been contributed by both the parties by investing a sum of Rs. 15,000/- each.
If and when more funds are required for the business, the partners shall invest the same. However, any
capital investment of the partners shall not carry any interest. In case loans or deposits are raised from
outside i.e. friends and relations of the partner or the financial institutions then only those loans or
deposits, which are taken with the written consent of both the partners and are entered in the books of
accounts of the partnership, shall be binding on the firm.
7. The partnership shall maintain regular books of accounts in accordance with the customs of trade
and all dealings of the partnership shall be duly recorded in the same. The account books etc. shall be
maintained in the place of business at. E-1 Ram Nagar, Delhi.

All copyrights reserved to VIDHIGYATA

 108

8. Each of the partners shall be entitled to withdraw a sum of Rs. 2026/- every month which shall be
adjustable in the final profit and loss account to be prepared every year.
9. The First Party shall also be entitled to withdraw a sum of Rs. 5000/- per month towards the rent he
is paying to the Landlord in respect of the portion of property no. E-1 Ram Nagar, Delhi
10. The tenancy rights in respect of property no. E-1 Ram Nagar, Delhi shall always vest in the First
Party and whenever the partnership is dissolved for any reason whatsoever, the Second Party shall not
be entitled to any right, title or interest in the same.
11. That the partnership shall maintain proper books of accounts in the normal course of business at
the principal place of its business and the same shall always be open for inspection to the partners.
12. That the first accounting period of the partnership shall close on 31st March… and thereafter the
financial year, shall run from 1st April every year to 31st March of the subsequent of the English calen-
dar.
13. That the bank accounts of the partnership and / or its branches shall be operated under the signa-
tures of any of the partners.
14. That at the close of the accounting period / year, a trial balance, profit and loss account and bal-
ance-sheet etc. shall be prepared and the profit and loss in the ration enumerated above shall be cred-
ited / debited to the capital account of the partners.
15. That either of the parties would not be entitled to carry on similar or competitive trade individual-
ly or in partnership and in any other manner.
16. The partnership shall be at Will. However, whenever any party intends to dissolve the same or
retire from the same, he shall give an advance notice of 15 days to the other party and during the peri-
od of notice, profit and loss account, balance sheets shall be completed to finalize the accounts in be-
tween as partiers as well as with the outsiders.
17. That in the event of any dispute arising between the parties with respect to any clause of this doc-
ument or the working of the partnership or for anything indicated thereof, the same shall be decided
by arbitration in accordance with the provisions of the Arbitration Act and by no other process.
18. That in all other matters not provided herein, the partnership shall be governed by the Indian Part-
nership Act as applicable from time to time.
IN WITNESS WHEREOF the parties have signed this document on the date first above written in
presence of the following witnesses.
FIRST PARTY

SECOND PARTY
WITNESSES
(1)
(2)
*****

All copyrights reserved to VIDHIGYATA

 109

DEED OF DISSOLUTION OF PARTNERSHIP

THIS DEED OF DISSOLUTION is executed at Delhi on this ……. day of …………

BETWEEN
A son of ________ resident of ____________, hereinafter called ‘THE FIRST PARTY’, which ex-
pression shall, unless repugnant to the context or meaning hereof, mean and include his heirs, succes-
sors, executors and legal representatives.
AND
B son of ________ resident of ____________, hereinafter called ‘THE SECOND PARTY’, which
expression shall, unless repugnant to the context or meaning hereof, mean and include his heirs, suc-
cessors, executors and legal representatives.
WHEREAS the parties have been carrying on business in partnership under the name and style of
‘M/s ABC’, from premises bearing No. E-1 Ram Nagar, Delhi, on the basis of a partnership deed exe-
cuted between them on ………….
AND WHEREAS it has been mutually decided by the parties hereto to dissolve this partnership and
to reduce the terms of this dissolution into writing;
NOW, THEREFORE, THIS DEED WITNESSES AS UNDER:
1. That the partnership constituted by the parties through the partnership deed dated ……. On the ba-
sis of which business under the name and style of ‘M/s. ABC’ was carried at premises no. E-1 Ram
Nagar, Delhi has been dissolved with effect from today i.e.……...
2. That all the accounts of the partnership have been agreed and understood by the parties and all trad-
ing results, profits and losses and personal debit and credit entries and balances, have been checked
and accepted by them as per the account books.
3. That all records, account books, etc. of the dissolved partnership have been delivered to the First
Party hereto, who shall be responsible to notify all concerned authorities about the fact of this dissolu-
tion and shall also be responsible to get the assessments, if any pending, completed.
4. That the First Party shall produce the account books of the partnership, whenever reasonably re-
quired by the Second Party, either before the assessment authorities or before any other authority.
5. That the partners shall be liable for their individual taxes. However, any taxes or payments raise
against the dissolved partnership, shall be met by the individual parties, in accordance with his ratio of
profits and losses in terms of the partnership deed.
6. That none of the parties shall be liable for any liability raised by the other in the name of the erst-
while partnership firm.
7. Without prejudice to any rights and remedies herein contained, each of the parties hereto hereby
releases and discharges the other from all actions, proceedings, claims and demands on account of the
said partnership.

All copyrights reserved to VIDHIGYATA

 110

8. That it is mutually agreed if any dispute arises between the parties in relation to present Dissolution
Deed then the same shall be referred to the Sole Arbitrator to be appointed by continuing partner un-
der the provisions of Arbitration and Conciliation Act, 1996, and place of arbitration shall be at New
Delhi.
IN WITNESS WHEREOF the parties have signed this document on the date first above written in
presence of the following witnesses.

FIRST PARTY

SECOND PARTY
WITNESSES
(1)
(2)

*****

All copyrights reserved to VIDHIGYATA

 111

RELINQUISHMENT DEED
THIS DEED OF RELINQUISHMENT is executed at Delhi on this 3rd day of July, 1990

BY

1. Smt. Avadh wife of Sh.__________ daughter of late Sh. X, Resident of ____________

2. Smt. Bala wife of Sh.__________ daughter of late Sh. X, Resident of ____________

3. Smt. Chand wife of Sh.__________ daughter of late Sh. X, Resident of ____________

4. Sh. Devi lal Son of late Sh. X, resident of _____ Delhi.

Hereinafter called the RELEASORS which expression shall, unless repugnant to the context or mean-
ing hereof, mean and include their heirs, successors, legal representatives and executors, of the FIRST
PART.
IN FAVOUR OF
Smt, Ragini, wife of late Sh. X, resident of _________, Delhi, hereinafter called the RELEASEE
which expression shall, unless repugnant to the context or meaning hereof, mean and include her
heirs, successors, legal representatives and executors, of the SECOND PART.
WHEREAS late Sh. X was the sole and absolute owner of property bearing No.____, Delhi consisting
of double Storey house built over an area of 200 sq yds;
AND WHEREAS the said Sh. X expired on 25th April, 1990;
AND WHEREAS releasors No. 1 to 3 are the daughters of late Sh. X Releassor No. 4 is the son and
the Releasee is the wife of late Sh. X. and each has got 1/5th share in the above mentioned house ac-
cording to the law of inheritance;
AND WHEREAS besides the Releasors and the Releasee, there is no other legal heir of the deceased
or anybody else is entitled to or claims any right, title or interest in the above-mentioned property;
AND WHEREAS the Releasors are desirous of giving up their 4/5th share in the above mentioned
property in favour of the Releasee on account of natural love and affection without receipt of any con-
sideration amount from her.
NOW THIS DEED OR RELINQUISHMENT WITNESSES AS UNDER:
1. That the Releasors voluntarily, without any outside pressure from any side and in their full senses
give-up and release all their right, title and interest in property No._____, Delhi alongwith the land
beneath the same measuring 200 sq. yds in favour of the Releasee without taking or receiving any
consideration from them to the extent of their 4/5th share and now the Releasee is the absolute and the
sole owner of the above mentioned property. (4/5th share of the Releasors and 1/5th share of the Re-
leasee herself).
2. That the Releasors, their heirs, successors and assigns have been left with no claim, title or interest
in the property hereby relinquished and the Releasee is the sole and absolute owner thereof.

All copyrights reserved to VIDHIGYATA

 112

3. That the possession of the above mentioned property is exclusively with the Releasee and the Re-
leasee is entitled to continue the same.
4. That the Releasee is fully entitled to get the above mentioned property mutated and transferred in
her name on the basis of this deed of Relinquishment.
5. That the original sale-deed and other relevant papers regarding the above mentioned property are
with the Releasee.
IN WITNESS WHEREOF the Releasors ad the Releasee have set their respective hands to this deed
of Relinquishment at Delhi on the date mentioned above.

RELEASORS

RELEASEE
WITNESSES :
1. Mr. P son of ______
Resident of _______
2. Mr. Q son of ______
Resident of _______

*****

All copyrights reserved to VIDHIGYATA

 113

GIFT DEED
THIS GIFT DEED is made and executed on this ……………….day of Month of ………… of the
Year …………, at…………………………….
BETWEEN
(Name) son/daughter/wife of (Father’s/Husband’s name), Age……Marital Status………,
(Profession), (Nationality), Resident of ………………………………holding Aadhar card
No…………………(hereinafter called the DONOR) of the one part.
AND
(Name) son/daughter/wife of (Father’s/Husband’s name),, Age……Marital Sta-
tus………,(Professional Status), ( Nationality), Resident of ………………………………holding
Aadhar card No………………… (hereinafter called the DONEE) of the other part.
The expressions of the DONOR and the DONEE shall mean and include their respective heirs, suc-
cessors, executors, nominees, assignees, administrators and legal representatives etc.
AND WHEREAS the DONOR is the owner and in possession of the property having been pur-
chased/acquired vide registered sale deed as document No. ………………, Addl. Book-I---, Vol.
No…………pages ...to... ., on date ……………………duly regd. in the office of SR………
(This recital should be about how the vendors have acquired the title of the property.)
AND WHEREAS the above PROPERTY, more particularly described in schedule hereinbelow, is
free from all sorts of encumbrances such as liens, charges, claim, liabilities, acquisitions, injunctions
or attachments from any Court of Law, gifts, mortgages, demands, notices, notifications, legal dis-
putes, difference, prior sale and flaws etc. etc. and the DONOR is fully entitled to dispose of the same.
AND WHEREAS the DONOR has great love and affection for the DONEE being
his/her…….(Relation).
AND WHEREAS the DONOR has agreed to GIFT, without any monetary consideration the property
described in Schedule hereinbelow UNTO the DONEE and the DONEE has also agreed to accept the
same.
NOW THIS GIFT DEED WITNESSETH AS UNDER:
(1) That the DONOR does hereby donate/gift the property,________________________________,
UNTO _________________ S/O, D/O, W/O __________________, R/O,______________ on ac-
count of great love and affection for him/her being HIS/HER_______________ (Relation)
(2) The possession of the aforesaid PROPERTY UNDER DONATION/GIFT has been handed-over/
delivered to the DONEE by the DONOR.
(3) That the DONEE has now become the absolute and exclusive Owner with all rights in the afore-
said PROPERTY UNDER DONATION/GIFT from today and shall also enjoy all rights of Ownership
etc. therein.
(4) The DONOR has now been left with no right, title, interests or liens etc. whatsoever of any sort in
the aforesaid PROPERTY UNDER DONATION/GIFT henceforth after the execution/ registration of

All copyrights reserved to VIDHIGYATA

 114

this GIFT DEED. The property in question is free from acquisition neither by the Govt. nor by any
other authority.
(5) That the DONEE with HIS/ HER own funds shall get the PROPERTY UNDER DONA-
TION/GIFT transferred/mutated in his favour in the records of Rights of Revenue Department on the
basis of this GIFT DEED and DONOR hereby conveys his No Objection for the mutation of the prop-
erty herein below mentioned under schedule, in the name of the DONEE.
(6) That the DONEE has accepted the GIFT of the said PROPERTY UNDER DONATION / GIFT
DEED and has also taken-over the possession of the same from the DONOR.
(7) That the market value of the above mentioned PROPERTY UNDER DONATION/GIFT has been
assessed at Rs.___________ (Rupees_______________ only), as per Notification published in Offi-
cial Gazettee, Series; _____ No. __________. Dated: ___________
(8) That all the expenses of the GIFT DEED such as Stamp Duty, and registration Fees etc. have been
borne and paid by the DONOR/ DONEE.
(9) That all future taxes, cesses, rates or any other Govt. or Municipal dues and demands in respect of
the above mentioned PROPERTY UNDER DONATION/GIFT shall be borne and paid by the DO-
NEE.
(10) That all the Title Deeds/papers including previous title deed (in originals) relating to the Gifted
PROPERTY, herein below mentioned UNDER DONATION/GIFT have been handedover/ delivered
to the DONEE by the DONOR.
SCHEDULE
(The complete description of the Property shall be stated here which should include Survey Nos and
Sub Division incase of Villages / Chalta Nos, P.T. Sheet Nos incase of Cities, Area, and Inscrip-
tion/Description Nos along with Matriz Nos if avalaible) an boundaries of the Properties)
East:
West:
North:
South:
DONOR

DONEE
WITNESSES :
1. Mr. P son of ______
Resident of _______
2. Mr. Q son of ______
Resident of _______
*****

All copyrights reserved to VIDHIGYATA

 115

NOTICE OF EJECTMENT THROUGH ADVOCATE

(SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882)

A… GUPTA Ch. No. …, Delhi High Court
Advocate New Delhi.
Ph.011- 2338XXXX
REGD A/D / U.P.C.
Dated……………………
To
……………………..
Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT,
1882 FOR EJECTMENT
Dear Sir,
Under the instructions from and on behalf of my client Sh. ……S/O……R/O….(hereinafter referred
to as ‘my client’), I serve you with the following notice :
1. That the house bearing no…….situated at…..in……city is owned by my client. That you ap-
proached my client and requested my client to give the said property on lease to you.
2. That my client has inducted you as the tenant in respect of the said property. That the agreed
monthly rent for the said property is Rs……..per month.
3. I hereby give you notice that you are to quit and vacate the said property below of which you are
now in possession of as a monthly (or yearly) tenant under my said client immediately on the expiry
of the last day of………….
4. On and from the first of…..(month next following the last day of the month on which the tenant is
required to quit) the tenancy hereto before subsisting shall terminate and all relationship of landlord
and tenant between my client and you shall absoulutely cease.
5. You are requested to deliver vacant possession of the said premises unto my client on that date as
stated above.
6. In case of your failure to quit the premises as desired, you will be considered as a trespasser and
ejected in due course of law and you will have to pay damages at rate of Rs………..per…… until you
are evicted.

Yours faithfully
Advocate
Copy kept in my office for future reference and use.

*****

All copyrights reserved to VIDHIGYATA

 116

NOTICE OF SUIT UNDER SECTION 80 OF THE CODE OF CIVIL PROCEDURE, 1908

AGAINST THE CENTRAL GOVERNMENT
A… GUPTA Ch. No. …, Delhi High Court
Advocate New Delhi.
Ph.011- 2338XXXX
REGD A/D / U.P.C.
Dated……………………
To
The Secretary
Government of India
Education Department
Central Secretariat
New Delhi
Sub: NOTICE UNDER SECTION 80 OF THE CODE OF CIVIL PROCEDURE, 1908
Dear Sir,
Under instructions from my client……………………an employee in Section…………..of the De-
partment of Education, Central Secretariat, New Delhi I hereby give you notice under S.80 of the
Code of Civil Procedure and state that my aforesaid client intends to sue the Union of India owing and
representing the Department of Education, Central Secretariat, New Delhi after the expiry of two
months after the service of this notice unless reliefs claimed herein below are granted to my said client
within the said period of two months. The following particulars of the nature of the claim, cause of
action and reliefs claimed are given below:
(1) Name and description Sri……………..son of………….by of the Plaintiff occupation…….residing
at……….
(2) Cause of Action (a) ………..was an employee……….section of the department of education,
Government of India, Central Secretariat, New Delhi. He has been dismissed from service illegally
with effect from………..
(b) …………….. was charged falsely for an alleged theft in the office on…………..and charge sheet-
ed and ultimately dismissed from service with effect from……….
(c) Cause of action for the suit arose on…………….the date of dismissal.
(3) Reliefs sought for (a) Reinstatement of Sri……………………
(b) Recovery of salary for the period of………..to……..

Yours faithfully
Advocate
Copy kept in my office for future reference and use.
*****

All copyrights reserved to VIDHIGYATA

 117

NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

A… GUPTA Ch. No. …, Delhi High Court
Advocate New Delhi.
Ph.011- 2338XXXX
REGD A/D / U.P.C.
Dated:
To,
Sh. …………….,
………… Connaught Place,
New Delhi -110001
And also at:
………….
Vikas Puri
New Delhi-110018
SUB: LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS
ACT, 1881
Dear Sir,
Under the instructions from and on behalf of my client Sh. …………., Daryaganj, New Delhi-110002
(hereinafter referred to as ‘my client’), I serve you with the following notice:
1. That my client is engaged in the business of trading of sewing machines. During the ordinary
course of business you addressee purchased from my client the said sewing machines for which you
issued a cheque bearing no…..dated….. of United Bank of India, Khanpur Branch, Khanpur Extn.
New Delhi-110062 for a sum of Rs.2,45,700/-, as part payment towards discharge of your liability
which you addressee had incurred by way of purchasing aforesaid sewing machines from my client.
2. That the above-mentioned cheque was deposited by my client with his banker HDFC Bank Ltd.,
28, Punjabi Bagh, New Delhi, for encashment on……(Date)
3. That the said cheque was returned to my client with an endorsement “Dishonoured for insufficiency
of funds.” That the dishonoured cheque along with the cheque returning memo of bank dat-
ed…….was returned to my client.
5. That for the first time my client came to know about the dishonouring of the said cheque on……...
6. That on account of the dishonouring of the cheque you addressee are guilty of committing offences
punishable u/s 138 of the Negotiable Instruments Act 1881 (as amended up to date).

Now through this legal notice I hereby call upon you addressee to make the payment of Rs.2,45,700/-,
amount of the said dishonoured cheque, within fifteen days of the receipt of this notice, failing which
my client shall be constrained to take legal action against you by way of civil as well as criminal pro-
ceedings, at your risk as to cost and consequences resulting therefrom.
Name of the Advocate …………… Jangpura Extn.
Advocate New Delhi-110019
Ph.011- 2437XXXX

Yours Sincerely
Advocate
Copy kept in my office for future reference and use.

*****

All copyrights reserved to VIDHIGYATA

 118

REPLY TO LEGAL NOTICE

B… GUPTA Ch. No. …, Delhi High Court
Advocate New Delhi.
Ph.011- 2338XXXX
REGD A/D / U.P.C.
Dated:
To,
Sh. ………..Advocate,
……, Delhi High Court,
New Delhi-110001
SUB: REPLY TO YOUR LEGAL NOTICE U/S 138 NEGOTIABLE INSTRUMENT ACT,
DATED……….
Dear Sir,
Your legal notice dated 09.06.2026 has been placed before me by my client Sh. ………………….at
Connaught Place, New Delhi -110001 and I, the undersigned, have been instructed to reply to your
said notice by my client on his behalf as under:
A. That, at the outset you are being informed that the notice under reply, you have sent on behalf of
your above said client, contains false and frivolous facts provided by your said client against my cli-
ent, thereby your notice under reply deserves to be withdrawn, with unconditional apology by your
client, because the claim made by you is without any basis and is based upon concocted facts, as no
claim is made out against my client and in favour of your client.
B. That, in fact, my client did not place any order for supply of any machines whatsoever, as alleged
by you. But, with a view to dispose off your old stock of outdated machines, you requested my client
to place them at his shop for sale. Keeping in view old relations my client agreed to your client’s pro-
posal, which was subject to the condition that payment would be made only after those machines were
sold out. However, those machines were not only outdated, but were also mechanically faulty, be-
cause of which till date they are lying with my client, which your client is at liberty to take back with
two days’ prior notice. It is pertinent to mention here that the cheque in question was handed over by
my client blank and the same was to be used only upon instructions of my client, after he could sold
out your all those machines.
C. That, however, your client has cheated my client by misusing that cheque which is not in the
handwriting of my client. As a matter of fact, your client has committed fraud in the matter and, con-
sequently, is liable to be proceeded under the relevant provisions of law.
D. That, therefore, it is denied that the cheque in question was issued by my client to your client in
discharge of any liability. Rather, your client has misused that blank cheque with ulterior motives,
after forging the same.

All copyrights reserved to VIDHIGYATA

 119

REPLY ON MERITS:
1. That the contents of para 1 of your legal notice are wrong and denied and whatsoever is stated
above is reiterated. It is denied that my client purchased from you client any machines whatsoever.
Rather, my client helped your client to keep your machines in his godown/shop for disposal. There-
fore, it is denied that the cheque in question was issued in discharge of any liability towards my client,
as alleged in this para.
2. That the contents of para 2 are denied for want of knowledge. However, it is reiterated that my cli-
ent ever issued any cheque, in the manner as alleged by you.
3. That, in reply to para 3 of your legal notice, what is stated above is reiterated. It is submitted that
your client was not entitled to use that cheque for encashment and deposit the same in his bank.
4. That the contents of para’s 4 &5 are denied for want of knowledge. However, it is reiterated that
any cheque was issued in discharge of any liability towards my client to your client.
5. That the contents of para 6 need no comments. However, it is denied that my client committed any
offence whatsoever.

In view of aforesaid facts and circumstances, you are being advised to further advice your client to
withdraw the said notice under reply and further advise him not to drag my client in any frivolous liti-
gation, failing which my client shall be constrained to contest the same, besides proceeding against
your client under the relevant provisions of law, at the costs, risks and consequences of your client
only.

Yours Sincerely,
Advocate

Copy kept in my office for future reference and use.

*****

All copyrights reserved to VIDHIGYATA