FORMS AND 5 MARKERS

Format for Filing a Petition under Habeas Corpus

Format for High Court:

IN THE HIGH COURT OF [STATE NAME]

(Civil Writ Jurisdiction)

Writ Petition (Civil) No. _____ of [Year]

Title

[Name of Petitioner]
…Petitioner
Versus
[Name of Respondent(s)]
…Respondent(s)

Memo of Parties

 Petitioner: [Full name, age, address, contact details, and occupation of the petitioner].
 Respondent(s): [Full name, designation, address of the party against whom the writ is
sought].

To,

The Hon'ble Chief Justice and His/Her Companion Judges of the High Court of [State Name].

Humble Petition of the Petitioner Most Respectfully Showeth:

1. The Petitioner: [Introduce the petitioner, their status, and their relation to the person
detained (if applicable)].
2. Facts of the Case:
o Provide details of the person detained (name, age, address).
o Specify the date and place of detention.
o Grounds on which the detention is alleged to be illegal or unconstitutional.
3. Grounds for Filing the Petition:
o State why the detention is arbitrary or unlawful.
o Mention any violation of constitutional or statutory provisions.
4. Prayer:
The petitioner humbly prays that:
o A writ of Habeas Corpus be issued directing the respondent to produce the
person detained before the court.
o Any other relief deemed fit by the Hon’ble Court be granted.
 5. Affidavit:
A duly sworn affidavit verifying the facts stated in the petition.

[Place]:
[Date]:
[Signature of the Petitioner or Advocate]

Format for Supreme Court:

IN THE SUPREME COURT OF INDIA

(Civil Original Jurisdiction)

Writ Petition (Civil) No. _____ of [Year]

Title

[Name of Petitioner]
…Petitioner
Versus
[Name of Respondent(s)]
…Respondent(s)

Memo of Parties

[Details of the petitioner and respondent(s) as mentioned above.]

To,

The Hon'ble Chief Justice of India and His/Her Companion Judges of the Supreme Court of
India.

Humble Petition of the Petitioner Most Respectfully Showeth:

1. Jurisdiction:
State that the petition is filed under Article 32 of the Constitution for enforcement of
fundamental rights.
2. The Petitioner:
[Details about the petitioner and their relation to the detained person.]
3. Facts of the Case:
o Circumstances of detention.
o Reasons why the detention is illegal.
 4. Grounds for Filing the Petition:
o Specify how the detention violates Article 21 or other fundamental rights.
5. Prayer:
o A writ of Habeas Corpus to direct the respondent(s) to produce the detained
person before the court.
o Other suitable orders or directions in the interest of justice.
6. Affidavit:
o A duly sworn affidavit affirming the correctness of the statements made in the
petition.

[Place]:
[Date]:
[Signature of the Petitioner or Advocate]

Annexures:

1. Copies of any supporting documents.

2. Relevant orders or evidence of detention (if available).

Notes:

 Supreme Court: Mention how the detention violates fundamental rights under Part
III of the Constitution.
 High Court: Highlight the violation of legal or constitutional rights under Article
226.
 Drafting should be precise, clear, and supported by legal and factual grounds.
FORMAT FOR SPECIFIC PERFORMANCE OF A CONTRACT

IN THE HON’BLE COURT OF [COMPETENT JURISDICTION]

CIVIL SUIT NO. [INSERT NUMBER] OF 2024

Mr. Rahul Mehta,

S/o Mr. Rajesh Mehta,
R/o [Address], Delhi.
... Plaintiff

Versus

Ms. Priya Sharma,

W/o Mr. Ramesh Sharma,
R/o [Address], Delhi.
... Defendant

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL

MOST RESPECTFULLY SHOWETH:

1. Parties to the Suit

1.1 The Plaintiff is a businessman residing in Delhi.

1.2 The Defendant is the owner of a residential property located at XYZ Street, Delhi, and
resides at the same address.

2. Agreement Between the Parties

2.1 On 1st January 2023, the Plaintiff and Defendant entered into a written agreement for the
sale of the Defendant’s residential property situated at XYZ Street, Delhi, for a total
consideration of ₹75,00,000.
2.2 The Plaintiff paid an advance amount of ₹15,00,000 to the Defendant at the time of
signing the agreement.
2.3 As per the agreement, the balance amount of ₹60,00,000 was to be paid by the Plaintiff
within 90 days, and the Defendant was required to execute the sale deed and hand over
possession of the property upon receipt of the full payment.

3. Performance by the Plaintiff

3.1 The Plaintiff has duly performed his obligations under the agreement.
3.2 The Plaintiff secured funds for the balance payment of ₹60,00,000 by 15th March 2023
and informed the Defendant of his readiness to complete the transaction.
3.3 The Plaintiff issued reminders to the Defendant on [Insert Dates], expressing his
readiness and willingness to fulfill his obligations under the agreement.

4. Breach by the Defendant

4.1 The Defendant failed to fulfill her obligations under the agreement.
4.2 On [Insert Date], the Defendant refused to execute the sale deed, claiming that she no
longer wished to sell the property.
4.3 Despite repeated requests and communications, the Defendant has not complied with the
terms of the agreement, thereby breaching the contract.

5. Cause of Action

5.1 The cause of action arose on [Insert Date], when the Defendant refused to perform her
part of the agreement.
5.2 It further arose on subsequent occasions when the Defendant failed to comply with the
Plaintiff's lawful requests to execute the sale deed.

6. Jurisdiction

6.1 This Hon’ble Court has jurisdiction to entertain and try the present suit as the property in
question is situated within its territorial jurisdiction.

7. Relief Sought

In view of the foregoing facts and circumstances, the Plaintiff respectfully prays that this
Hon’ble Court may be pleased to:
a. Pass a decree for specific performance of the agreement dated 1st January 2023, directing
the Defendant to execute the sale deed in favor of the Plaintiff.
b. Grant damages for delay in performance of the agreement as deemed appropriate by this
Hon’ble Court.
c. Award the costs of the suit to the Plaintiff.
d. Grant such other and further relief as this Hon’ble Court may deem fit and proper in the
interest of justice.

Verification
I, Rahul Mehta, the Plaintiff in the present suit, do hereby verify that the contents of the
above plaint are true and correct to the best of my knowledge and belief.

Place: [City]
Date: [Insert Date]

Rahul Mehta
(Plaintiff)

[Advocate for Plaintiff]

[Advocate's Name & Enrollment Number]
[Address]

APPEAL, REVISION, AND REVIEW

1. Appeal

Definition:
An appeal is a legal process by which a party aggrieved by a decision of a lower court seeks
to have it reviewed by a higher court.

Essentials of Appeal:

1. Right to Appeal: Not inherent; must be expressly provided by law.

2. Judgment or Decree: Must be against a decree, order, or judgment that affects the rights of
the parties.
3. Filing Procedure: Appeal must be filed within the prescribed limitation period.
4. Grounds: Errors of law or fact in the judgment of the lower court.
5. Hierarchy: Must follow the hierarchy of courts (e.g., appeal from a District Court to a High
Court).

Relevant Laws:

 Civil Procedure Code (CPC), 1908:

o First Appeal: Section 96
o Second Appeal: Section 100
 Criminal Procedure Code (CrPC), 1973:
o Appeals in criminal cases: Sections 372-394

Case Law:

 Kanhaiyalal v. Anupkumar (AIR 2003 SC 3648):

The Supreme Court held that an appeal is a continuation of the original proceedings, and the
appellate court has the authority to review both questions of law and fact.

2. Revision

Definition:
Revision is the process where a higher court examines the record of a lower court to ensure
the correctness, legality, or propriety of its decisions.
Essentials of Revision:

1. No Appeal Pending: Revision is permissible only when no appeal lies.

2. Jurisdiction: Higher courts (High Court or Sessions Court) have revisional jurisdiction.
3. Purpose: Correct errors of jurisdiction, procedural irregularities, or manifest injustice.
4. Interference: Only in cases of gross illegality or miscarriage of justice.

Relevant Laws:

 Civil Procedure Code (CPC), 1908:

o Section 115: Revisional jurisdiction of High Courts.
 Criminal Procedure Code (CrPC), 1973:
o Sections 397-401: Revisional powers in criminal matters.

Case Law:

 Aundal Ammal v. Sadasivan Pillai (1987 SCR (1) 819):

The Supreme Court clarified that revisional jurisdiction is discretionary and limited to
correcting jurisdictional errors or gross injustice.

3. Review

Definition:
A review is a re-examination of a judgment by the same court that delivered it to correct
errors apparent on the face of the record.

Essentials of Review:

1. Error Apparent on Record: Must be a clear mistake, not a matter requiring elaborate
argument.
2. New Evidence: Discovery of new and important evidence, not available during the original
proceedings, may justify a review.
3. Same Court: The court that passed the original order/judgment has the power of review.
4. Timeframe: Must be filed within the prescribed period of limitation.

Relevant Laws:

 Civil Procedure Code (CPC), 1908:

o Order 47, Rule 1: Grounds for review.
 Constitution of India:
o Article 137: Review powers of the Supreme Court.

Case Law:

 Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi (1980 AIR 674):
The Supreme Court held that a review is not an appeal in disguise and is limited to correcting
errors apparent on the record.
Inherent Powers of the Court under Section 151 of the Civil Procedure Code
(CPC)

Section 151 of the CPC grants inherent powers to the courts to make orders necessary for the
ends of justice or to prevent abuse of the process of the court. This provision empowers
courts to act beyond the strict provisions of the law to ensure justice is done, where
necessary.

Text of Section 151 of CPC

“Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the
Court to make such orders as may be necessary for the ends of justice or to prevent the abuse
of the process of the Court.”

Essentials of Inherent Powers:

1. Unrestricted by Specific Provisions:

o Section 151 acts as a safeguard against the limitations of specific provisions of
the CPC. It allows the court to make orders to meet situations that may not be
directly addressed by the Code.
2. Ends of Justice:
o The court can invoke inherent powers to ensure that justice is served, even if
the situation doesn't strictly fall within the existing procedural framework of
the CPC.
3. Prevent Abuse of Process:
o The court can use its inherent powers to prevent misuse of the legal process by
parties intending to delay or harass others. This includes preventing vexatious
litigation, or fraud on the court.
4. Not an Independent Source of Power:
o Inherent powers under Section 151 are exercised only when there is no other
provision of law to address the situation. Courts cannot use these powers to
override or contravene specific statutory provisions.
5. Discretion of the Court:
o The application of inherent powers is at the discretion of the court, depending
on the circumstances of the case. The court may refuse to invoke these powers
if the issue at hand is already covered by the CPC or other legal provisions.
Caveat Application

A Caveat is a legal notice filed by a party (usually the respondent) in a court to prevent the
court from passing any order in a case without first hearing the party who filed the caveat. A
caveat serves as a precautionary measure to ensure that the party’s interests are protected
before any order is passed in favor of the other party.

The term "caveat" comes from the Latin phrase "caveat," meaning "let him beware." It
essentially acts as a warning that the party filing it should be heard before any decision or
order is made by the court.

Purpose of Caveat:

1. To prevent the court from passing an ex parte order in a matter where the filing party
(caveator) has an interest.
2. To ensure that the caveator is notified before any action is taken by the court in a
matter that might affect them.
3. To allow the caveator to be heard in the case or before any interim order is granted to
the opposite party.

Legal Provisions:

 Section 148A of the Civil Procedure Code (CPC), 1908:

o This section deals with the filing of a caveat. It allows any party who expects
to be affected by an order to file a caveat in the court where the matter is
pending.
o The caveator is required to give notice to the opposite party or their advocate.

Section 148A of CPC reads:

“(1) Where, in any suit or proceeding, an application is intended to be made,

the caveat may be filed in the court in which such application is intended to be
made, and the caveator shall give notice of the caveat to the applicant.”
“(2) The court shall not make any order on the application without giving
notice to the caveator.”

Essentials for Filing a Caveat:

1. Nature of the Application:

A caveat is usually filed when a party believes that an order or decree is likely to be
passed that might affect their rights. This is typically in relation to urgent applications,
such as an injunction, stay order, or other interim orders.
2. Time Limit:
A caveat remains valid for 90 days. If the proceedings are delayed beyond this period,
the caveat must be renewed.
3. Parties Involved:
The caveat must be filed by the party who expects to be adversely affected by the
decision and wishes to be heard. The party who files the caveat is called the
"caveator," and the party against whom it is filed is the "caveatee."
 4. No Grounds for Objection:
A caveat is filed without any specific grounds being stated, unlike an appeal or
revision. The objective is simply to prevent any ex parte order from being passed.

Procedure for Filing a Caveat:

1. Drafting the Caveat Petition:

The caveator drafts an application (caveat petition) stating that they are likely to be
affected by any order or decision made in the matter and request the court to give
notice to them before passing any order.
2. Filing the Caveat:
The caveat is filed in the court where the application (which may affect the caveator)
is to be made. This can be done at the time of filing the main application or suit.
3. Notice to the Opposite Party:
The caveator is required to serve a notice of the caveat on the other party or their
advocate. The purpose of the notice is to alert the opposing party about the caveat and
ensure that the court does not pass any order without first hearing the caveator.
4. Valid for 90 Days:
The caveat is valid for 90 days. If the case extends beyond this period, the caveat may
need to be renewed.

Sample Caveat Application:

IN THE HON’BLE COURT OF [NAME OF COURT]

[Caveat No. ____ of [Year]]

[CAVEATOR’S NAME]
... Caveator
Versus
[CAVEATEE’S NAME]
... Caveatee

CAVEAT APPLICATION

To,
The Hon'ble [Name of Court],
[City/State]

The Caveator, [Caveator’s Name],

S/o [Father’s Name],
R/o [Full Address],
hereby files this Caveat under Section 148A of the Civil Procedure Code, 1908, and states as
follows:
 1. The Caveator's Interest:
The Caveator is a party to the ongoing matter/proceeding, which concerns [brief
description of the subject matter].
2. Purpose of Caveat:
The Caveator files this Caveat in anticipation of the [specific type of application, e.g.,
application for stay, injunction, etc.] likely to be filed by the Caveatee and prays that
the Caveator be notified prior to the passing of any ex parte order by the Hon'ble
Court.
3. Notice:
The Caveator undertakes to serve a copy of this Caveat to the Caveatee immediately
after filing, in accordance with the provisions of Section 148A of the CPC.
4. Prayer:
The Caveator prays that the Hon’ble Court may be pleased to issue a notice to the
Caveator before passing any order in the matter and may direct that the Caveator be
heard before any order is made.

Date: [Date]
Place: [City]

Signature of Advocate
[Name of Advocate]
Enrollment No. [Enrollment Number]
[Bar Council Name]

Signature of Caveator
[Caveator’s Name]
Notice for Specific Performance of Contract:

[YOUR NAME / NAME OF THE PARTY SENDING THE NOTICE]

[Address]
[Phone Number]
[Email Address]

[DATE]

TO:
[Name of the other party]
[Address of the other party]

SUBJECT: NOTICE FOR SPECIFIC PERFORMANCE OF CONTRACT DATED

[Date of Contract]

Dear Sir/Madam,

I, [Your Name], am the [vendor/purchaser/other role] in respect of the contract entered into
on [Date of Contract] with you for the sale/purchase of [description of the
property/goods/subject matter of the contract] situated at [address or details of the
property/contract subject].

The terms and conditions of the agreement were clear and have been duly agreed upon by
both parties. As per Clause [specify the clause], you were required to perform [state the
specific obligation or action the other party was supposed to perform, e.g., deliver goods,
make payment, etc.] by [due date]. However, you have failed to perform your obligations as
required under the contract.

I hereby call upon you to specifically perform your obligations under the said contract, and I
request that you [state the specific action required] within [15 days/30 days] from the receipt
of this notice. I am entitled to demand specific performance of the contract as per Section 10
of the Specific Relief Act, 1963.

Please take notice that if you fail to perform your obligations within the specified time, I will
be compelled to file a suit for specific performance of the contract before the competent
court, along with a claim for any further reliefs and costs arising out of your default.

Kindly treat this matter with urgency and ensure that the necessary steps are taken for the due
performance of the contract.

Thanking you.

Yours faithfully,
[Signature]
[Name of the Advocate / Party Issuing the Notice]
[Enclosures: Copy of the Contract]
Application to Sue as an Indigent Person under Order 33 of the CPC

Order 33 of the Civil Procedure Code (CPC) provides the procedure for a person who is
unable to pay the court fee required for filing a suit to file an application to sue as an indigent
person. This provision allows a party to seek relief in court without the financial burden of
court fees, ensuring that the inability to pay does not deprive a person of their right to access
justice.

Essentials for Filing an Application Under Order 33:

1. Inability to Pay Court Fees:

o The applicant must show that they are unable to pay the prescribed court fee
for filing the suit.
o This can be due to financial hardship or lack of means to pay.
2. Contents of the Application:
o Details of the Suit: The applicant must provide a clear and concise description
of the suit they wish to file (the cause of action, relief sought, etc.).
o Affidavit of Indigence: The applicant must submit an affidavit declaring their
indigence, stating the reasons why they cannot afford the court fee.
o Statement of Property: The applicant must provide details about their
financial situation, including assets and liabilities. This helps the court assess
their claim of indigence.
3. Court's Discretion:
o The court will examine the application and determine whether the applicant is
genuinely indigent. If the court is satisfied that the applicant is unable to pay
the court fee and has a valid claim, it will grant permission to sue as an
indigent person.
4. Hearing of the Application:
o The application for permission to sue as an indigent person is usually heard by
the court, where the applicant may be required to provide further details about
their financial status.
5. Condition of Security or Undertaking:
o The court may require the applicant to provide an undertaking to pay the costs
if the suit is unsuccessful. Alternatively, the court may allow the applicant to
proceed with the suit without an undertaking.

Sample Application to Sue as an Indigent Person:

IN THE HON'BLE COURT OF [NAME OF THE COURT]

[Suit No. _____ of [Year]]

[Plaintiff's Name]
... Plaintiff
Versus
[Defendant's Name]
... Defendant

APPLICATION UNDER ORDER 33 OF THE CPC TO SUE AS AN INDIGENT

PERSON
The Plaintiff, [Plaintiff's Name],
S/o [Father's Name],
R/o [Complete Address],
hereby applies to the Hon'ble Court for permission to sue as an indigent person, as provided
under Order 33 of the Civil Procedure Code, 1908, on the following grounds

1. Details of the Suit:

The Plaintiff seeks relief in the suit titled "[Title of the Suit]" for [briefly describe the cause
of action and relief sought]. The details of the suit are as follows:

 [Provide the nature of the suit and the legal grounds for seeking relief.]

2. Indigence of the Plaintiff:

The Plaintiff submits that they are unable to pay the court fees required for filing this suit, as
they do not possess sufficient means to do so. The Plaintiff is [a poor person, unable to earn,
suffering from illness, or other reasons that render them indigent].

3. Affidavit of Indigence:

The Plaintiff has attached herewith an affidavit stating the full particulars of their financial
status, including details of their income, property, and liabilities. The Plaintiff's monthly
income is [state the amount], and their total assets are limited to [state assets, e.g., a small
house, land, or no significant assets]. The Plaintiff has no means to pay the court fee as
required by law.

4. Statement of Assets and Liabilities:

A detailed statement of the Plaintiff's assets and liabilities is annexed to this application. The
Plaintiff is unable to pay the court fee, and their financial condition is such that they are
entitled to seek relief as an indigent person.

5. Prayer:

The Plaintiff, therefore, prays that this Hon'ble Court may be pleased to grant permission to
the Plaintiff to file the suit as an indigent person, under Order 33 of the Civil Procedure Code,
1908, and may pass such other order or orders as it deems fit and proper.

Date: [Date]
Place: [Place]

Signature of Plaintiff
[Plaintiff’s Name]

Signature of Advocate
[Advocate’s Name]
Enrollment No. [Enrollment Number]
[Bar Council Name]
Annexures:

1. Affidavit of Indigence
2. Statement of Assets and Liabilities
3. Copy of the Suit/Claim