Drafting, Pleading and Conveyance

Drafting, Pleading and Conveyance
Drafting, Pleading
&
Conveyance
1
Chapter 1
Drafting :
 What is Draft?
 General Principles of drafting and relevant substantive rules.
2
Drafting
 What is Draft ?
A written order by the first party, called the drawer, instructing a second party, called
the drawee (such as a bank), to paymoney to a third party, called the payee. An ordert
o pay a sum certain in money, signed by a drawer, payable on demand orat a definite t
ime, to order or bearer.
A tentative, provisional, or preparatory writing out of any document (as a will,contrac

t, lease, and so on) for purposes of discussion and correction, which is afterward to be
prepared in its final form.
A draft that is payable on demand is called a sight draft because the drawee must
complywith its terms of payment when it ispresented, in his or her sight or presence,
by the payee. In contrast, a time draft is one that is payable only on the datespecifiedo
n its face or thereafter.
A draft may be payable to a designated payee or to the bearer--- the person who has
the possession of the draft at the time it is presented to the drawee for the payment---
pursuant to the drawer direction.
 About Drafting :-
Drafting relates to making a draft of something. Drafting a document would imply

making a rough copy of a document. Drafting requires knowledge of law and required
ability to eal with abstract concepts and presence of mind. The company has to enter
into various types of agreements with different parties and have to execute various
types of documents in favour of its clients, banks, financial institutions, employees
and other constituents.
Drafting may be defined as the synthesis of law and fact in a language form.
Perfection cannot be achieved in drafting unless the nexus between law, facts and
language is fully understood. The essence of legal drafting is the law and the facts of
document.
The process of drafting operates in two planes: the conceptual and the verbal. Besides
seeking the right words, the draftsman seeks the right concepts. Drafting, therefore, is
first thinking and second composing. Drafting, in legal sense, means an act of
preparing the legal documents like agreements, contracts, deeds etc.
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 General Principles of Drafting and Relevant Substantive Rules :-
Key points Corporate Executive should keep in mind-
1) He must read the introductory note or the literature on the subject of the
instrument.
2) Note down the important requirements of law which fulfilled complete instrument
on the subject while drafting.
3) The facts which should be disclosed in the document cannot be suppressed.

Nothing is to be omitted or admitted at random.
4) A company being a legal entity. The document is executed a person duly authorised
by the directors by their resolution or by their power of attorney.
5) The format of documents adopted adheres to the customs and conventions in

vogue in the business community or in the ordinary course of legal transactions. For
any change in the form of such document, use of juridical and technical language
should invariably be followed.
6) The order of the draft should be strictly logical. Legal language should be, to the
utmost possible extent, precise and accurate. The draft must be readily intelligible
to laymen. All the time the draftsman must keep his eye on the rules of legal
interpretation and the caselaw on the meaning of particular words and choose his
phraseology to fit them.
7) Document should be supported by the schedules, enclosures or annexures to the

material facts.
8) Use concrete words.
9) Write short sentences.
10) Prepare a outline.
Fowlers' five rules of drafting as follow as –
1) Prefer the familiar words.

2) Prefer the concrete word avoid abstract words.
3) Prefer the single word avoid synonyms words.
4) Prefer the short word rather than long words.
5) Prefer the Saxon word rather than Roman.
6) Prefer active voice to the passive voice in the drafting of documents.
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Other rules –
1) Sketch or outline the contents of a document before taking up its drafting. This
rule is suggested by Mr. Davidson,a celebrated authority on conveyancing in
his book on Conveyancing.
2) Skelton draft and its self-appraisal- The Draftsman should frame “skeleton
draft" which should be filled in or elaborated as he proceeds with his work.
Once the draft of the document is ready, the draftsman should appraise it with
reference to the available facts, the law applicable in the case, logical
presentation of the facts.
3) Due care is required in certain documents to ensure it is adhere with applicable

laws.
 Rules For Drafting :-
1) Use legal dictionary and ordinary dictionary for ascertaining the

meaning of the words.
2) Use current meaning of the words, case laws, where such words or
phrases have been discussed, could be quoted in reference.
3) Technical words may be used after ascertaining their full meaning,

import of the sense and appropriate use warranted by the circumstances
for deriving a technical or special meaning with reference to the
context.
4) The draftsman should be able to convey his intention to the readers, in

the same way as he wishes them to understand.
5) It is always beneficial to use reference of eminent legal experts’work,

while interpreting the statute as it will give the readers clear idea and
guidance.
5
Chapter 2
Pleadings :
 Civil :-
 Plaint.
 Written Statement.
 Affidavit.
 Execution Petition.
 Interlocutory application.
 Original Petition.
 Memorandum of Appeal and Revision.
 Petition under Article 32 & 226 of the Constitution of
India.
 PIL Petition.
 Criminal :-
 Complaint.
 Criminal Miscellaneous petition.
 Bail Application.
 Memorandum of Appeal and Revision.
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Pleadings
Asking a court to grantrelief.Theformalpresentationofclaimsanddefencesbypartiestoalawsuit.
The
specific papers bywhichtheallegationsofpartiestoalawsuitarepresentedinproperform; specifical
ly the complaint of a
plaintiffandtheanswerofadefendantplusanyadditionalresponsestothosepapersthat are authorize
d by law.
 Civil :
 Plaint :-
A private memorial tendered in open court to the judge, where the party injured
sets forth his cause of action. A proceeding in inferior courts by which an action is
commenced without original writ. 3 Bl. Comm. 373. This mode of proceeding is
commonly adopted in cases of replevin. 3 Steph. Comm. 006.In the civil law. A
complaint; a form of action, particularly one for setting aside a testament alleged
to be invalid. This word is the English equivalent of the Latin “que- rela,”.
 Particulars to be contained in Plaint :-
1) The names of the Court in which the sui is brought.
2) The name, description and place of residence of the plaintiff.
3) The Name, description and place of residence of the defendant,

so far as they can be ascertained.
4) Where the plaintiff of the defendant is a minor or a person of

unsound mind, a statement to that affect.
5) The facts constituting the cause of action and when it arose.
6) The facts showing that the Court has the jurisdiction.
7) The relief which the plaintiff claims.
8) Where the plaintiff has allowed a set-off or relinquished.
9) A statement of the value of the subject-matter of the suit for the

purposes of jurisdiction and of court-fees, so far as the case
admits.
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Format of Plaint
IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA

HOUSE, NEW DELHI
Civil Suit No. 102 of 2015
(Under Order XXXVII of the Code of Civil Procedure, 1908)
MEMO OF PARTIES
1)X
Having its Regd office at
C-9, Radial Road Number 4,
Connaught Place, Delhi 110001 ……………….Plaintiff
Versus
1. Y
Having its regd. Office at
4th Floor, Statesman House,
KG Marg, Delhi110001
………………Defendant
Delhi Plaintiff
Date: Through
Abc, Advocate
8

HOUSE, NEW DELHI
IN THE MATTER OF:
C-9, Radial Road Number 4,
Connaught Place, Delhi 110001

……………….Plaintiff
Versus
4th Floor, Statesman House,
K G Marg, Delhi 110001

………………Defendant
THE PLAINTIFF NAMED ABOVE STATES AS UNDER:
Most Respectfully Showeth:-
 That the present suit is being filed under the specific provisions of
and in accordance of Rule 2 of Order XXXVII of the Code of Civil
Procedure, 1908 and that the Plaintiff claims no relief, which does not
fall within the ambit of this rule.
 That the Plaintiff is a Retail store engaged in a business of marketing

and selling of books in various fields having its Registered Office at C-
9, Connaught Place, Delhi. Aman Jain through whom the present suit
is being instituted is the sole proprietor of the Plaintiff and he is fully
competent to engage the counsel, sign the vakalatnama, plaint,
affidavit, etc. to depose before the Hon’ble court and to do such
other acts, deeds and things.
 That the plaintiff is engaged in marketing, selling & supplying

newspapers, books and periodicals in the field of Indian law,
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business, economics, companies, international trade, commercial

books, etc.
 That the Defendant is a consultancy firm incorporated under the

Companies Act, of 1956 having its registered office in 4th floor,
Statesman House, Kasturba Gandhi Marg, Delhi.
 That the Defendant approached Plaintiff on June 28, 2014 for supply
of newspapers, magazines and periodicals beginning the month of
July 2014.
 That the plaintiff insisted on an advance amount before commencing

supply.
 That defendant provided a post dated cheque 295959 for July 29,
2014 of Rs. 50,000/- drawn on HDFC Bank, Branch Barakhamba
Road, Delhi. The same was accepted by the plaintiff. This act of
defendant initiated the contract by conduct of parties and so the
plaintiff started supplying various reading materials to the
defendant. The copy of the cheque is annexed herewith and marked
as Annexure A-1.
 That the plaintiff supplied newspapers, magazines and periodicals in

the month of July to the defendant. The total amount at the end of
the month of July was calculated as Rs. 75,000/- (Rupees Seventy
five thousand only). It was conveyed to the defendant vide
Invoice 2652 dated July 30, 2014 which was duly accepted. A copy is
annexed herewith and marked as Annexure A-2.
 That vide a letter dated August 01, 2014 the deposited

cheque 295959 was returned dishonoured by plaintiff’s bankers i.e.
HDFC bank, Connaught Place Branch, Delhi. With this the plaintiff
withheld the supply of the books & circulars till defendants pay off
the dues. A copy of the letter is annexed herewith and marked
as Annexure A-3.
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 That the plaintiff requested the defendant several times, orally and
also via electronic mails to make the payment of the outstanding
amount but the defendant on one pretext or the other avoided to the
legitimate requests of the plaintiff without any cause or reason and
never made any payment to the plaintiff. A copy of the trailed mails
are annexed herewith and marked as Annexure A-4.
 That vide legal notice dated December 22, 2014 through registered
post the plaintiff requested defendant to pay an amount of Rs.
75,000/- (Rupees Seventy five thousand only) due towards the
services provided within 3 months (three months) after the receipt
of the letter. A copy the notice is annexed herewith and marked
as Annexure A-5.
 That no communication has been made till date by the defendants

regarding the payment of money.
 That the defendant has not been cooperating and also has failed to
repay their dues of the Plaintiff and hence this present suit.
 That the cause of action accrued to the plaintiff against the

defendant within the jurisdiction of this Hon’ble Court on March 25,
2015 when the legal notice served by the plaintiff upon the
defendant and he has not acted upon it thereafter.
 That the plaintiff is entitled to an interest @ 8.5% (at the rate of

eight and half percent per annum) which is in consonance with the
prevailing market rates and bank rates. The plaintiff claims interest
at the above rate from the defendant from the date it became due
till the date of realization.
 That the present suit being filed by the plaintiffs against the
defendant is the first suit and no such suit has been previously filed,
pending or decided by any court of law on the same subject matter.
 That plaintiff and the defendant works for gain and the entire cause
of action also accrued between the parties at Connaught Place Delhi,
within the territorial jurisdiction of this Hon’ble court. Therefore, this
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Hon’ble court has got the jurisdiction to entertain and try the
present suit.
 That the value of the suit for the purposes of jurisdiction and
payment of court fee is approximately Rs. 75,000/- (Rupees seventy
five thousand only) on which Court fee of Rs. 3076.00 (Rupees three
thousand seventy six only) has been paid.
Prayer
The plaintiff thereby prays:
 That the amount due against the defendant is 75,000/- (Rupees Seventy five
thousand only) to be ordered for payment to the plaintiff and leave to defend
may please be granted accordingly.
 That interest on principal sum from August 01, 2014 till the date of institution
of suit be awarded and Pendente lite interest at the rate of 18% may be granted
till the payment by the defendant.
 That the costs of the suit be awarded to the plaintiff against the defendant.
Delhi Plaintiff
Date: March 27, 2015
VERIFICATION
I, the plaintiff above named do hereby verify that the contents of this plaint from
paragraph 1 to 13 are true and correct to my personal knowledge and paragraphs
14 to 18 are believed to be true and correct according to the legal advice received
to me.
Signed and verified on March 27, 2015 at Delhi.
Plaintiff
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HOUSE, NEW DELHI
IN THE MATTER OF:
X Versus Y
AFFIDAVIT
I, Mr. Aman Jain on behalf of X do hereby solemnly affirm and state as under
that:-
1. That the deponent is the plaintiff in the captioned suit. I am fully conversant
with the facts of the plaint and competent to swear this affidavit on my behalf.
2. That the present appeal has been drafted by my counsel under my instructions
and guidance and the contents of the same are true and correct and are not
being repeated herein for the sake of brevity and to avoid repetition and
prolixity.
3. That the contents of the plaint may kindly be read as part and parcel of this
Affidavit also.
DEPONENT
VERIFICATION:
Verified by me at Connaught Place-Delhi on this 27th day of March 2015, that the
contents of my above affidavit are true and correct to my knowledge, no part of it
is wrong and nothing material facts has been concealed there from.
DEPONENT
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HOUSE, NEW DELHI
IN THE MATTER OF:
X Versus Y
I, Aman Jain, the Sole Proprietor of X (the plaintiff) do hereby appoint & retain
Advocate Abc (hereinafter called as “the Advocate”) to be my advocate in the said
Suit. I authorize the Advocate to do any or all of the following on my behalf:
1. a) To represent, act and appear for me

2. b) To conduct and prosecute (or defend) the same and all proceedings that may
be taken in respect of any application connected with the same or any decree
of order passed therein
3. c) To sign, file, verify, present, and receive all types of documents including
plaints, statements, pleadings, appeals, cross objections, petitions, applications,
revision, withdrawal, compromise or affidavits
4. d) To withdraw or compromise or submit to arbitration any differences or
disputes that may arise touching or in any manner relating to the said suit
5. e) To deposit, draw and receive money, cheques, cash and grant receipts
thereof
6. f) To do all other acts and things as may be necessary or expedient, in the
opinion of the Advocate, to be done
I do hereby agree to ratify and confirm all acts done by the Advocate or her
substitute in the matter as my own acts, as if done by me to all intents and
purposes.
Dated: March 25, 2015 Signature
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15
Written Statement
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 Written Statement :-
The defendant shall, within thirty days from the date of service of summons on
him, present a written statement of his defence :
Provided that where the defendant fails to file the written statement
within the said period of thirty days, he shall be allowed to file the written
statement on such other day, as may be specified by the court, for reasons to be
recorded in writing and on payment of such costs as the court deems fit, but which
shall not be later than one hundred twenty days from the date of service of
summons and on expiry of one hundred twenty days from the date of service of
summons, the defendant shall forfeit the right to file the written statement and the
Court shall not allow the written statement to be taken on record.
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Format of Written Statement
IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE :

CITY CIVIL COURT : AT HYDERABAD.
O.S. No. of 2007
Between:-
Mr.Rama Rao,
S/o……………….. Aged …. years,
Occ: ………….
R/o.Hyderabad …….Plaintiff
And
Mr.Appa Rao,
S/o………………………, Aged …. Years,
Occ:…………….
R/o.Hyderabad. ……Defendant
WRITTEN STATEMENT FILED BY THE DEFENDANT

UNDER ORDER VIII, RL.1, C.P.C.
1) It is submitted that the defendant has gone through the averments made in the plaint
and affidavit filed in support of the plaint. The averments, which are not specifically
admitted, are denied. The Plaintiff is put to strict proof of the same. Most of the averments
are not correct and false and the suit is not maintainable.
2) In reply to Para III (1) of the plaint, it is submitted that I have no acquaintance with
the plaintiff and did not approach at any point of time for hand loan to meet my son’s
education and executed promissory note in favour of the plaintiff. I have sufficient means to
support my family. Hence, there is no question of taking hand loan from the plaintiff and
execution of promissory note in favour of the plaintiff.
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3) In reply to para III (2) of the plaint, it is submitted that the notice issued by the
plaintiff was received by me on………….. The contents of the notice are vague and false.
Since I did not approach the plaintiff for any hand loan and executed promissory note, I did
not choose to reply the notice. Hence, the allegations in the notice are denied.
4) In reply to para III (3) of the plaint, it is submitted that I did not borrow any amount
from the plaintiff and executed promissory note in favour of him. The allegation of the
plaintiff is false and I need not bound to pay any amount to the plaintiff. It is not correct to
say that I have borrowed a sum of Rs.25,000/- from the plaintiff and executed a promissory
note in favour of him.
5) In reply to Para III (4) of the plaint, it is submitted that since there is no amount is
borrowed from the plaintiff and executed pro-note, the figures of outstanding stated in para
therein is false and fabricated one.
6) It is submitted that I have never approached the plaintiff for any amount said to have
been borrowed by me and executed pro-note. Since we reside in the same street and due to
rivalry between our two families regarding some disputes relating to colony problems, the
plaintiff has fabricated the pro-note and filed the present suit alleging that I have borrowed a
sum of Rs.25,000/- from plaintiff and executed a pro-note. The plaintiff is trying to mislead
this Hon’ble Court and made false allegations in the plaint.
7) The other allegations of the plaint which are not specifically admitted herein are
denied. The plaintiff is put to strict proof of the same.
Hence, it is prayed that this Hon’ble Court may be pleased to dismiss the suit with
costs.
Counsel for the Defendant Defendant
Verification
I, Appa Rao, S/o ______________ aged about years, Occ: Employee, do hereby
declare that the facts stated in paras 1 to 7 are true and correct to the best of my knowledge,
information and belief and I believe the same to be true and correct. Hence, verified on this
the day of June, 2007 at Hyderabad.
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Affidavit
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 Affidavit :-
In Indian law, although an affidavit may be taken as proof of the facts stated
therein, the Courts have no jurisdiction to admit evidence by way of affidavit.
Affidavit is treated as "evidence" within the meaning of Section 3 of the Evidence
Act. However, it was held by the Supreme Court that an affidavit can be used as
evidence only if the Court so orders for sufficient reasons, namely, the right of the
opposite party to have the deponent produced for cross-examination (Khandesh
Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960
AIR571, 1960 SCR(2) 841). Therefore, an affidavit cannot ordinarily be used as
evidence in absence of a specific order of the Court.
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///Format of Affidavit///
In the Court of______

________ Versus ________
CIVIL APPEAL
AFFIDAVIT
We, _____, _____, sons of _____, All residents _____, do hereby solemnly affirm and
declare as under :-
1- That the deponent has filed the above noted appeal along with an application for stay today
before Hon’ble court the contents of which be read as part and parcel of this affidavit as the
same are not being reproduced here for the sake of brevity and avoidance repetition.
2- That the contents of the appeal and application have been read over to me by my counsel
who is true to best of my knowledge and nothing is untrue therein.
Deponents
Verification:
Verified that the contents of my above affidavit are true to best of my knowledge and
nothing has been concealed therein.
Verified at _____ on _____
Deponents
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///Format of Affidavit///
Before the Ld. NOTARY PUBLIC at ________________
:: AFFIDAVIT ::
We, (1) Smt. Jharna Goswami (Bhattacharjee), and (2) Sri Pranab Bhattacharjee, Hindu by
religion, Housewife and service by occupation, resident of Kothabari, Block “C”, word No.
20 under S.M.C. , P.O. Jhaljhalia, P.S. English Bazar, Dist. Malda, Do hereby solemnly
affirm and declare as follows :-
1. That our son …………………. is desirous of pursuing Certificate IV in Networking

at North Melbourne Institute to TAFE, Melbourne, Australia.
2. That We have fully Understood the course contents, all financial expenses involved
for the duration of the stay and study period.
3. That We have adequate financial ability and resources to meet our sponsorship
commitments and obligations.
4. That Our son will not be a public charge during his stay in Australia and will return to
India on completion of the proposed course.
5. That above statements are true to the best of my knowledge and belief and I sign this
affidavit on this the ______ day of __________,20___ at _________________.
Declarant.
Identified by me.
Advocate
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{ Format of Affidavit }
Before the Ld. Executive Magistrate at ____________
| AFFIDAVIT |
1. ZAHIR ALAM, aged about 34 years, S/O Nejamuddin, Muslim by faith, Business by
occupation, resident of Vill, Budhagachh, P.O. Matikunda, P.S. Islampur, Dist. Uttar
Dinajpur and presently residing at Biswas Colony, Railgate, P.O. & P.S. Matigara, Dist,
Darjeeling, do hereby solemnly affirm and declared as follow:-
1. That CHANDANI KHATOON is my daughter who was born on 14.09.2003 at sutki

godown, P.S. Matigara, Dist. Darjeeling and a certificate of birth has been issued to
that effect vide Registration No. 235/Mati- II dated 03.10.2003.
2. That in the said certificate of birth of my daughter, my name has been wrongly written
as Md. Jahir Uddin of Zahir Alam.
3. That Zahir Alam and Mr. Jahir Uddin is same and identical person and I am that
person i.e. the father of said Chandani Khatoon.
4. That I swear this affidavit today in order to prove/ declare the above contents of this
affidavit.
The above statements are true to the best of my knowledge and belief and I sign this affidavit
on this the _________ day of __________ at __________.
Declarant.
Identified by me.
Advocate
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Execution Petition
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 Execution Petition :-
Execution is the last stage of any civil litigation. There are three stages in
litigation- a. Institution of litigation, b. Adjudication of litigation, c.
Implementation of litigation. Implementation of litigation is also known as
execution. Decree means operation or conclusiveness of judgment. A decree
will be executed by the court which has passed the judgment. In exceptional
circumstances, the judgment will be implemented by other court which is
having competency in that regard. Execution enables the decree-holder to
recover the fruits of the judgment.
The term “execution” has not been defined in the code. The expression
“execution” simply means the process for enforcing or giving effect to the
judgment of the court. The principles governing execution of decree and
orders are dealt with in Sections 36 to 74 and Order 21 of the Civil Procedure
Code. Hon'ble Apex Court in Ghanshyam Das v. Anant Kumar Sinha (AIR
1991 SC 2251) dealing with provision of the code relating to execution of
decree and orders, observed in following words –
“ so far as the question of executability of a decree is concerned, the Civil

Procedure Code contains elaborate and exhaustive provisions for dealing with
it in all aspects. The numerous rules of Order 21 of the code take care of
different situations providing effective remedies not only to judgmentdebtors
and decree-holders but also to claimant objectors, as the case may be.”
Execution is the enforcement of a decree by a judicial process which enables

the decree-holder to realize the fruits of the decree and judgment passed by the
competent Court in his favour. The execution is complete when the decree-
holder gets money or other thing awarded to him by the judgment, decree or
order of the Court.
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||| Format of Execution Petition |||
IN THE COURT OF _________________________________________

Execution Petition of ____ OF YYYY
In
Civil Suit of _____ of YYYY
…… (Decree Holders)
V/s
…… (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 satisfaction 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
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Court
9. Against whom execution is sought
10 In what manner court’s

assistance is sought
Verification:-
I, Rajani Sharo Sh. Kastoori Lal R/o EA 159 Qazi Mohalla, Bazar Parprain,
Jalandhar. do hereby verify that the contents of this application are true to my
knowledge or belief.
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Signature of Decree
Holder
Through
Advocates for the decree Holder _________________________________________

______________________________ In all cases 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 or order.
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Interlocutory Application
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 Interlocutory Application :-
An interlocutory application is an application which is moved in the main

petition. it is usually filed when you ask for some urgent relief or to bring
certain new facts to the knowledge of the court. if the supreme court order
says 'interlocutory application disposed of", then it means that you had filed an
application seeking some relief, and after hearing you on the application, the
court has passed an order in your application.
The Civil Rules of Practice and Circular Orders, Chapter I – Preliminary-

Rule 2 (J) defines: “Interlocutory application” means an application to the
Court in any suit, appeal or proceeding already instituted in such Court, other
than a proceeding for execution of a decree or order.
Chapter V: deals with (A) Interlocutory proceedings – Rule 53 to 55, 58 and
59 of Civil Rules of Practice further deals with the form, contents, separate
application for each distinct prayer and service of notice to other parties.
Every interlocutory application supports a affidavit and the true copies of all
applications, affidavit and the same documents get furnished to the opposite
party or counsel.
In simple word, “an Interlocutory Application” – An application, put or

moved in the original petition. It is usually filed when one ask for some urgent
relief or to bring notable new facts to the knowledge of the Court.
An Interlocutory Petition emerges with a perspective to keep the closures of

equity from being crushed when the Original Petition can’t address the prompt
circumstances. Interlocutory Applications is a support to the principle appeal
for an interlocutory relief amid pendency of the original Petition.
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:: Format of Interlocutory Application ::
BEFORE THE APPLLATE TRIBUNAL FOR ELECTRICITY

IA NO._________ OF 200
In Appeal/Original Petition No. _________ of 200.
CAUSE TITLE
Set out the Appeal No. ___________________ of 200
Appeal/Petition short cause title
Set out the 1. Appeal No. _____________ 200
Cause Title – Interlocutory Application
Petition for stay / direction / dispense with / condone delay / calling records
The applicantabove named state/s as follows:

1. Set out the relief (s)
2. Brief facts.
3. Basis on which interim orders prayed for
4. Balance of convenience, if any :
(All interlocutory applications shall be supported by an affidavit sworn by the
Application/ on its behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declared that nothing material has been
concealed or suppressed and further declared that the enclosures and typed set of material
has been concealed or suppressed and further declare that the enclosures and typed set of
material papers relief upon and filed herewith are true copies of the originals of fair
reproduction of the originals or true translation thereof.
Verified at _________ dated at ________ this day _________ of ________ 200.
Counsel for Applicant

Applicant
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VERIFICATION
I _______________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case

may be) _________ age ____________ working as _____________ in the office of
_________ resident of ____________ do hereby verify that the paras __________ to
____________ are true to my personal knowledge / derived from official record) and
paras ________ to _________ are believed to be true on legal advice and that I have not
suppressed any material facts.
Date :
Place :
Signature of the Applicant/petitioner or authorized officer
32
Original Petition
33
 Original Petition :-
Original Petition generally refers to any petition or any application in court

that states the origination of disputes and seeks specific relief. Rule 3(9) of the
Code of Civil Procedure defines Original Petition as: ‘Original Petition means
a Petition whereby any proceeding other than a suit or appeal or a proceedings
in execution of a decree or order, is instituted in a Court.” The Original
Petition refers to the point of origination of the dispute.
The Original Petition is unable to address the immediate circumstances.

Interlocutory Applications or Interlocutory Petitions are filed to support the
main petition for an interlocutory relief during pendency of the main petition.
34
[ Format of Original Petition ]
In the Family Court Judge, Tirupati
MARRIAGE O.P. No. 17/2011
Smt. Saraswathi ………. Petitioner
Vs.
Mohan Reddy ………. Respondent
Petition filed on behalf of the petitioner under Hindu Marriage Act.
Name of the Petitioner
Smt. Saraswathi, W/o S. Mohan Reddy, Hindu aged about 30 years house wife residing
at 17-6-93, Brahmin Street, Tirupati.
The address of the petitioner for the service of notice etc. is as stated above and also
care of her counsel. Smt. V. Geetha, Advocate, Tirupati.
Name of the Respondent: S. Mohan Reddy, S/o. Raja Reddy, Hindu aged about 32 years,
Doctor by Profession, residing at 8-3-97, G.S. Mada Street, Tirupati. The address of the
respondent for the service of notices etc. is as stated.
The petitioner submits that she is legally married wife of the respondent. This marriage
was celebrated in the year 2008 at Tirupati. At the time of marriage the petitioner‟s
parent‟s gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the respondent.
The marriage was consummated immediately.
The petitioner submits that, she is the legally married wife of the respondent. Their
submits that respondent has started his nursing home at Reddy & Reddy colony and
gained good reputation and were happy for 2 years i.e., since 2011 his life started to
have ups and downs.
The petitioner submits that the respondent slowly cultivated the bad habits and became
share to alcohol and used to have ephedrine etc. So have slowly began to lose his sexual
35
potency and attach become a total impotent. When he has been taken to Appolo
Hospital, Madras, the doctors have concluded that he lost his potency because of
excessive narcotic drugs and alcohol. The respondent became frustrated in his life. He
gave up his practice slowly the petitioner sold her jewels to maintain the family. Her
parents also helped to some extent.
The petitioner submits that because of inferiority complex the respondent started to
suspect the character of the petitioner. He used to abuse her with vulgar and filthy
words that, she had illegal connections with others. He used to abuse her even, if beggar
stands infront of the house, as the beggar is awaiting for her. She tolerate all these
mental torture added to this the respondent used to put cigarettes on her breast thighs
and other private parts and burn them. He enjoys her screamings. Sometimes he gaged
her mouth with cloth and subject her to physical cruelty.
The petitioner further submits that on 10.02.2011 he made her naked put the blade on
her left breast and applied chillies powder on the wound she cried loudly apprehending
danger and her neighbor and her mother-in-law came there and saved her from the
clutches of the respondent than on 11.02.2011 she came away to her parents house. She
apprehends danger to her parents house also. She apprehends danger to her life in the
hands of the respondent and it is impossible for her to live with such sadistic husband.
Hence the petition for Judicial separation Filed.
The cause of action for this petition for Judicial Separation arose on 01.02.2003 the date
of marriage and also 10.02.2011 when she frightened of her life ran away to her parents
house continues de divindum with the jurisdiction of this hounourable court.
The value of the petition for the purpose of court fee is of Rs. …….. Net and fixed court
fee of Rs. 10/- paid V/Sec of A.P.C.F. & S.V. Act.
The petitioner submits that no similar petitioner has been filled so far before any court.
Prayer
The petitioner therefore prays that the honourable court may be pleased to pass an
order and decree.
(a) Declare that the marriage has been dissolved by judicial separation.
36
(b) Direct the respondent to pay cost of the petition. And pass such others and further
orders as it deem fit and proper in the circumstances of the case.
Advocate for petitioner Petitioner
VERIFICATION
I, the petitioner do here by declare that the facts state above are true and correct to the
best of my knowledge and belief and signed this verification on this the 25.02.2011 at
Tirupati.
LIST OF DOCUMENTS
1) 01.02.2008 marriage invitation card.
2) Doctor prescription with wound certificate.
37
Memorandum of Appeal
and revision
38
 Memorandum of Appeal and revision :-
A Memorandum of Appeal is the set of grounds upon which a judicial

examination is prayed for. It should contain concisely and under separate
heads, the grounds of objection to the decree appealed against. The
Memorandum is often need to be accompanied by a copy of the decree
appealed from.
A memorandum of appeal is different from petition. Therefore, no

enumeration of the facts of the case, no complaint against the high handedness
of the other party, no plea of the helpless condition of the appellant and no
plea for sympathy of the court should find any place in memorandum. The
memorandum can be divided into two main parts. They are as follow as-
1. Formal Part.
2. The Material Part.
39
[ Format of Memorandum of Appeal and Revision ]
IN THE HIGH COURT OF…………………… AT……………………

CIVIL APPELLATE JURISDICTION
REGULAR CIVIL APPEAL NO…………………… OF
IN THE MATTER OF:
A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act
and having its
registered office……………………
…Appellant
Versus
M/s…………………… a partnership concern
(or XYZ company Ltd., a company incorporated under the Companies Act and having its
registered office
at……………………)
…Respondents
May it please the Hon'ble Chief Justice of the High Court of…………………… and his
Lordship's
companion Justices,
The appellant-company
MOST RESPECTFULLY SHOWETH:
1. That the appellant herein is a company duly registered under the provisions of the
Companies Act
and the registered office of the appellant is at…………………… and the company is
engaged in
the business of manufacturing……………………
2. That the respondents who are also doing business of selling goods manufactured by the
appellants and other manufacturers approached the appellant for purchasing from the
appellant-
company the aforesaid manufactured goods. An agreement was reached between the parties
which was reducing into writing. The appellant supplied goods worth Rs. 15 lacs over a
period
40
of…………………… months to the respondents. A statement of account regarding the goods

so supplied is annexed hereto and marked as ANNEXURE A-1.
3. That the respondents have made a total payment of Rs. 6 lacs on different dates.
Thestatement of the said payments made by the respondents is appended and is marked as
ANNEXURE A-2.
4. That the remaining amount has not been paid by the respondent despite repeated demands
and issuance of a legal notice by the appellant through advocate.
5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs
together with interest at the rate of 12% per annum and the cost of the suit. The suit was filed
on…………………… in the court of the learned District Judge.
6. That upon being summoned by the said court the respondents appeared through counsel
and filed their written statement to which appellant-plaintiff also filed replication (rejoinder).
7. That the parties led evidence. After hearing the counsel for the parties the learned District
Judge has by his judgement and decree passed on…………………… dismissed the
appellant's suit on the ground that the evidence led by the parties does not establish the claim
of the appellant-plaintiff. Copies of the judgement and decree of the court below are annexed
hereto and are marked as ANNEXURE A-3 AND A-4, respectively. Aggrieved by the
aforesaid judgement and decree of the court below dismissing the suit of the plaintiff this
appeal is hereby filed on the following, amongst other,
GROUNDS
A. That the judgement and decree under appeal are erroneous both on facts as well as law.
B. That the learned trial court has failed to properly appreciate the evidence, and has fallen
into error in not finding that the preponderance of probability was in favour of the plaintiff-
appellant.
C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit
and the defendant-respondent has failed to effectively rebut the plaintiff's evidence,
moreparticularly the documentary evidence.
D. ……………………
E. ……………………
F. ……………………
8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at
Rs…………………… and the requisite court fee in the form of stamps is appended to this
memorandum of appeal.
9. That this appeal is being filed within the prescribed period of limitation, the judgement
and decree under appeal having been passed on………………… In the above facts and
circumstances the appellant prays that this appeal be allowed, the judgement and decree
under appeal be set aside and the decree prayed for by the appellant in his suit before the
court below be passed together with up-to-date interest and costs of both courts.
41
APPELLANT
VERIFICATION
Verified at…………………… on this, the…………………… day of…………………, 20….
That the
contents of the above appeal are correct to the best of my knowledge and
belief……………………APPELLANT THROUGH (……………………)
42
Petition Under Article 32

& 226 of the Indian
Constitution
43
 Petition Under Article 32 & 226 of the Indian Constitution :-
1. Article 32 :-
Article 32 of Constitution of India deals with Remedies for

enforcement of rights conferred by this Part.
I. The right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
II. The Supreme Court shall have power to issue directions

or orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of
the rights conferred by this Part.
III. Without prejudice to the powers conferred on the Supreme

Court by clauses (1) and (2), Parliament may by law empower
any other court to exercise within the local limits of
its jurisdiction all or any of the powers exercisable by the
Supreme Court under clause (2).
IV. The right guaranteed by this article shall not be suspended

except as otherwise provided for by this Constitution.
44
[ Format of Petition Under Article 32 ]
IN THE HONOURABLE SUPREME COURT OF INDIA, NEW DELHI
(Original Criminal Jurisdiction)
Writ Petition No_________of _________20 _________
A _________ aged about _________ son of __________________., resident

_________ Petitioner;
Versus
1. Additional Secretary, Ministry of Finance,
Government of_________.
2. The Superintendent, _________ Jail _________
3. The State of_________ Respondents.
PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE

32 OF THE CONSTITUTION OF INDIA
To
The Honourable the Chief Justice and his companion Judges of the Court aforesaid.
The humble petition of the above named Petitioner most respectfully sheweth:
1. That the petitioner is a resident of _________. and he was living peacefully at his residence
at the place aforesaid.
2. That on _________. Respondent No. 1 made an order under Section 3 of the Conservation
of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he directed
that the Petitioner shall be arrested and detained for a period of three months. A copy of the
order is annexed herewith as Annexure A.
45
3. That the Petitioner was arrested the same day and was detained in _________Jail. The
grounds of detention were not supplied to the petitioner on that day. The grounds were
actually supplied on_________. A copy of the grounds supplied is annexed herewith as
Annexure B.
4. That on _________. the Petitioner submitted a representation against his detention through
Respondent No. 2 but the same was considered by the Advisory Board after one month and
was rejected on _________. . . .
5. That the grounds of detention supplied to the Petitioner were in English which language
the Petitionerdoes not know.
6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction
on the following:
GROUNDS
1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Activities

Act, 1974, is unconstitutional and void as it is beyond the legislative competence of
Parliament.
2. Because the order has been passed by an officer not duly authorised.
3. Because the grounds were supplied after undue delay.
4. Because the grounds are in English which language the Petitioner does not know and this
has prevented him from making an effective representation.
5. Because the grounds are irrelevant to the object of the Act.
6. Because the grounds are vague.
7. Because there was undue delay in the disposal of the representation submitted by the
petitioner.
Wherefore it is respectfully prayed that this Honourable Court may be pleased to issue a writ
in the nature of Habeas Corpus to the opposite parties quashing the order of detention and
directing that the Petitioner be set at liberty forthwith.
Date _________ Advocate for the Petitioner.
46
2. Article 226 :-
Article 226 of Constitution of India deals with Power of High Courts

to issue certain writs.
Notwithstanding anything in article 32 every High Court shall have

power, throughout the territories in relation to which it
exercises jurisdiction, to issue to any person or authority, including in
appropriate cases, any Government, within those territories directions,
orders or writs, including 1writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and certiorari, or any of
them, for the enforcement of any of the rights conferred by Part III and
for any other purpose.]
The power conferred by clause (1) to issue directions, orders or writs

to any Government, authority or person may also be exercised by any
High Court exercising jurisdiction in relation to the territories within
which the cause of action, wholly or in part, arises for the exercise of
such power, notwithstanding that the seat of such Government or
authority or the residence of such person is not within those territories.
Where any party against whom an interim order, whether by way

of injunction or stay or in any other manner, is made on, or in any
proceedings relating to, a petition under clause.
The power conferred on a High Court by this article shall not be in

derogation of the power conferred on the Supreme Court by clause (2)
of article 32.]
47
[ Format of Petition Under Article 226 ]
IN THE HON’BLE HIGH COURT AT_________
(Original Civil Jurisdiction)
Writ Petition No_________of _________ , 20 _________
A _________
Petitioner;
Versus
1. State of _________
2. Drug Controller _________
3. Appellate Authority _________ Respondents.
Petition under Article 226 of the Constitution for the issue of a writ of certiorari.
To
The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of
Judicature.
The abovenamed Petitioner begs to submit as under :
1. That the Petitioner is a stockist and dealer in drugs and carries on his business in the name
and style of _________at ______
2. That the Petitioner held a drug dealer’s licence No_________. dated _________ and has
been carrying on this business for the last six years.
3. That on _________ the Petitioner received a notice from Respondent No. 2 to show cause
why his licence should not be cancelled for selling substandard and spurious drugs. He was
also required by the notice to produce his licence before Respondent No. 2.
4. That on _________ the Petitioner submitted his explanation to the show-cause notice
48
submitting that he did not sell any substandard or spurious drugs and that he sold only drugs
in their original containers obtained from reputed drug manufacturers. He expressed his
inability to produce the licence as the same had been submitted to the Civil Surgeon for
renewal.
5. That without giving proper consideration to the pleas raised by the Petitioner Respondent
No. 2 passed an order dated _________ cancelling the Petitioner’s licence.
6. That, thereupon, the petitioner preferred an appeal against the order of Respondent No. 2 to
Respondent No. 3.
7. That by order dated _________ Respondent No. 3 dismissed the appeal.
8. That the Petitioner has no other remedy but to approach this Hon’ble Court.
9. That the orders of Respondents No. 2 and No. 3 are void and illegal for the following
amongst other—
REASONS
(i) Because the orders of respondents Nos. 2 and 3 are vitiated as they have acted in violation
of the principles of natural justice.
(ii) Because both respondents Nos. 2 and 3 have placed great reliance on the report of the
Central Drugs Laboratory dated _________ which report was never disclosed to the
Petitioner and which the Petitioner was not given any opportunity to meet.
(iii) Because the authorities have been influenced by the failure of the Petitioner to produce
the licence but have themselves failed to consider the Petitioner’s explanation that the licence
had been submitted to the Civil Surgeon for renewal.
(iv) Because respondents Nos. 2 and 3 have not applied their minds to the facts and
circumstances of the case.
(v) Because the impugned orders violate the fundamental right of the Petitioner to carry on
his trade and business guaranteed by Article 19(1)(g) of the Constitution.
It is, therefore, most respectfully prayed that a writ, direction or order in the nature of
certiorari be issued quashing the order of Respondent No. 2 dated _________ and the order of
Respondent No. 3 dated___________________.
(Petitioner.)
Dated_________
49
PIL Petition
50
 PIL Petition :-
Public Interest Litigation is directly filed by an individual or group of

people in the Supreme Court of India and High Courts of India and judicial
magistrate. It was felt that their interests are undermined by the government.In
such a situation, the court directly accepts the public good. It is a new legal
horizon in which court of law can initiate and enforce action to serve and
secure significant Public Interest.
Importance of PIL:-
1) Public interest litigation gives a wider description to the right to

equality, life and personality which is guaranteed under part III
of the Constitution of India.
2) It has introduced some kinds of reliefs or remedies under the
writ jurisdiction.
3) It also functions as an effective instrument for changes in the
society or social welfare.
4) Through public interest litigation, any public or person can seek
remedy on behalf of the oppressed class by introducing a PIL.
51
[ Format of PIL Petition ]
SPECIMEN OF A WRIT PETITION FOR PUBLIC INTEREST

LITIGATION
District...........................
In the High Court at Coimbatore, Constitutional writ jurisdiction
Appellate Side
C.O./C.R. No................... (W) of ……
In the matter of:An application under Article 226 of the Constitution of India
And
In the matter of:Articles 14, 21, 48A and 51A (g) of the Constitution of India
And
In the matter of: T.N.. Municipal corporation Act …
And
In the matter of:The Environment Protection Act 1986
And
In the matter of:T.N. Town and Country (Planning and Development) Act ….
And
In the matter of:Illegal attempt by Respondents (1) & (2) for constructing a Cinema
building by demolishing one large water-body located in the .................in breach of draft
outline/Development Plan for concerned area.
And
In the matter of:Shri.....................son of................President of.................resident

at......................
Petitioner
52
versus
1. ..................... a company incorporated under the Companies Act 1956 with its
registered office at...................
2. Mr. ................. Managing partner for Cinema, a partnership firm having its office
3. The Commissioner.......Municipality.................... with its office at .....................
4. State of T.N., Department or Urban Development .................. having its office at ……..
through its Secretary
Respondent
To,
Hon'ble Mr.......... The Chief Justice and His Companion Justices of the said Hon'ble Court
Petitioner above-named respectfully shewoth:
1. The petitioner and Indian citizen and President of...............an unincorporated Association
of persons formed on.................... by important citizens of.................. in its general meeting
held at................inter alias, of protecting the ecology and environment of the country with
special reference, preserving national heritage buildings and architectures ................... as well
as for upholding the Constitutional /Legal Rights of Indian Citizens, specially persons of
economically weaker section of society and residing within the municipal area of................
The petitioner begs leave to refer to and rely on the aims and objects of the said ............... at
the time of hearing, if compulsory.
2. The petitioner being Ecologist with specialized knowledge in ecology and environment.
3. The instant application is being instituted by petitioner for and on behalf of the ..............
and representing the weaker sections of society residing within the municipal area
of................ seeking writ/order/instruction per mandamus on the Respondents Nos. 1 and 2
ordering them to desist from altering or destroying the environment/ecological balance of
land concerning a large water-body located in ............... under the jurisdiction of the ............
for purpose of building a cinema building at the instance of Respondent No. 2 to be financed
by the Respondent No. 1 or for any other purpose which might cause any such destruction of
ecology and environment.
4. The petitioner submits if such constructions, is made would cause destruction to

ecology/environment of municipal area and specially the south western part of the town, but
it will also against draft outline of Development Plan of the Greater Coimbatore prepared for
the...............under the ..................... and the said plan restricts inter alia, filling up of any
water-body covering an area beyond 200 sq. m. the petitioner begs leave to refer to a copy of
thesaiddraftplan,atthetimeofhearing.
53
5. The land containing such water-body is owned by the Commissioners of................

Municipal corporation for converting the same into a green park with swimming pool
enclosed to it for health /welfare of residents and rate payers of municipal area related but
presently used by rearing office and which is being used by tenanting out to different
agencies for rearing office for getting necessary money for ultimate object of laying park and
building up the swimming pool for which funds have been laid separately.
6. By passing of time, almost the whole area surrounding the said water-body has been
constructing school building besides residential apartments with market place. water-body
being the only water-body in the area.
7. The petitioner knowing that the Commissioners of the Municipality concerned are now
using various ways to alter the land use pattern of the said water-body by filling up the same
as also by demolishing the surroundings violating health/sanitation of the residents of the area
in gross breach of Constitutional Rights of the people of the area and the students the
educational institution close by as also in breach of the Town and Country (Planning and
Development) Act 1979 and the Environment Protection Act 1986.
8. The Government has also moved in protecting wet-lands and has published an approach
paper concerning it.
9. The State Government for preserving the wet-lands has published a policy document.
10. That the Respondent No. 1 being a company is engaged in manufacturing iron rods with a
Rolling Mill at ………in the district of ……. and is not conversant to cinema trade but to
increase its income have agreed to Respondent No. 2 in providing finance for starting cinema.
The Respondent No. 2 is a false firm set up by Respondent No. 1 for evading the complexes e
Companies Act.
11. The wet-land stated in the Schedule under serves the cause of environment in several
ways as stated it:
(a) Each water-body keeps the atmosphere cool by absorbing heat. Water vapors also keep
the surrounding area cool. It absorbs carbon dioxide which is regularly discharged into the
atmosphere.
(b) Wet-lands absorb dust particles discharged into the atmosphere by various
sources/elements.
12. That building a cinema building neighboring to school in vicinity will endanger the
education /health of students and it is a co-educational institution.
13. Article 48A of the Constitution of India casts a duty upon the respondents for protecting
and improving the environment and safeguarding the forest /wild life of country and they
have also duty to prevent any action which is going to degrade the environment and affecting
the health /living conditions of the area and to prevent demolition of the aforesaid water-
body.
54
14. The petitioner, hence to initiate the President of ................... with its members, and on
behalf the citizens/residents of said municipal area for protecting their rights as enshrined
under Article 21 read with Article 48A of the Constitution inasmuch as the persons likely to
be prejudiced /affected by aforesaid action of the Municipality of..................... are so many
and scattered and moreover the damage that is going to be caused to them by the aforesaid
action of the municipal authority will be slow and gradual before the same became great, tax
payers /resident can not move this Hon’ble court individually. The petitioner and...........
society under the member of............ bear a duty under enactments of Article 51A(g) of the
Constitution for filling action for protecting of environment. 5lA(g) states that it will be the
duty of every citizen of India to improve and protect the natural environment including
several lakes and rivers and wild life for to combined for living creatures, and taking action
for protecting of the aforesaid water-body as the said municipal authority is bent upon
demolishing the water-body and has started urgent steps for same, threats of destruction of
the said water-body having become real/apparent and nearby the petitioner being President
of............... with some important citizens of Municipal area have also corresponded several
times to Chairman of Municipality asking him not to, diminish/destroy the water-body.
15. The concern shown by petitioner and other eminent citizens of the area have failed to
elicit any positive response from the Municipality who are bent upon destroying the water-
body by filling up the same in breach of mandatory enactments and Government circulars
/instruction.
16. The petitioner fears that purported decision of municipal authority if enforced would
cause demolition and destruction of ecological and environmental balance in the impugned
areas by filling up the water-body and the impugned action being arbitrary and in breach of
Article 14 of the Constitution.
17. Being aggrieved/dissatisfied with various actions/threats of municipal authority the

petitioner initiate application under Article 226 of the Constitution of India on the following
grounds.
(I) For the purported decision of the municipal authority for filling the aforesaid water-body
is to cause great injuries to the ecology/balance of the town and consequently would infringe
the right of the residents of area to a clean environment as given in Article 21 of the
Constitution and would thus be violative of the fundamental rights of the life of the residents
of the area as guaranteed in Article 21 of the Constitution.
(II) For building of cinema hall near to school and residential area and refusing a green
park/swimming pool to residents would create educational /health problems to students and
residents.
(III) For that.........................
18. The petitioner affirms that, he has not moved any other application on alike cause of
action before the Hon'ble Court or any other Court of Law.
19. The petitioner states that it is clear that Municipal Authority is readily filling up the
55
aforesaid water-body and unless restrained by stay order, the respondent Nos. 1 and 2 as
agents of the Municipality would fill up the said water-body which will render the instant
application nullity.
20. The cause of action of this instant application emerged outside the Ordinary Original
Civil Jurisdiction of this Hon'ble Court.
21. The petitioner having no other alternative and effective remedy and the remedies prayed
for hereunder would give final and full relief to residents of concerned area in whose behalf
this application is being moved.
22. The petitioner having demanded justice vide Annexure..........to the petition, which justice
has been denied.
23. As stated hereinabove, this application is moved by petitioner in public entrust for public
good and not serving any interest of any individual. If orders, as prayed for hereunder, are not
allowed the residents of concerned area will sustained irreparable loss and injury.
24. That this application is being moved bona fide and in the interest of justice. In the
premises, your petitioner humbly prays Your Lordships for the following orders:
(a) Writ in nature of mandamus instructing the respondent Nos. 1 and 2 not to alter land use
water-body known as .................. located in ............ of the Municipality of;
(b) Writ in the nature of mandamus directing the respondent Nos. ............... give suitable
instructing to the respondent Nos. 1 and 2 requiring them to maintain the water-body as
mentioned above in its present nature and character.
(c) An order or instructing on the respondent Nos. ............... and every of them with their
subordinates agents restraining them from giving any sanction or permission or to do any act
or omission which would enable the respondent Nos. 1 and 2 to disturb/diminish the said
water-body.
(d) An order or instruction on the respondent Nos. 1 and 2 instructing them to produce into
this Hon'ble Court all records concerning any decision which might have been taken for
building of cinema building so that justice may be done by quashing the same;
(e) Rule nisi in terms of prayers (a), (b), (c) and (d) above;
(f) Rule be made complete;
(g) Interim order of stay restraining respondent Nos. 1/2 from taking action towards
demolishing and/or diminishing the water-body known as ................. located at .................. in
any way whatsoever till this application disposal;
(h) Ad interim order in terms of prayer
(g) above;
(i) And pass such other or order or orders as to Your Lordships may deem proper and fit. And
your petitioner, as in duty bound, shall ever pray.
56
Affidavit
I, Shri................... son of...................... aged about...................... years, by religion

.................... by occupation ..................................... residing at............... do hereby solemnly
affirm on oath and say as under:
1. I being petitioner in the instant application and am well acquainted with the facts and
circumstances of the case. I am duly authorized by the society to affirm this affidavit and I
am competent to affirm this affidavit on behalf of the society and for self.
2. That the statements made in paragraphs ..................... are true my best knowledge and
those made in paragraphs ................ are my humble submissions before this Hon'ble Court.
Prepared in my office
Advocate
The deponent is known to me Clerk to: Mr..............................
Advocate
Solemnly affirmed before me on this ..................... day of.............. …Commissioner.
57
Complaint
58
 Criminal :-
 Complaint :-
A criminal complaint is a court document filed that accuses or charges a

suspect with committing a crime. Criminal complaints are usually filed by the
prosecutor in cooperation with the police. Sometimes the victim of a crime
will individually file a criminal complaint against a suspect. In many
instances, criminal trials start with the filing of the complaint.
An arrest does not begin a formal criminal proceeding. The filing of a

criminal complaint is required for the criminal process to begin. Unlike civil
complaints, criminal complaints always are filed by the government or the
prosecutor of the state who is bringing the charges.
A Magistrate taking cognizance of an offence on complaint shall

examine upon oath the complainant and the witnesses present, if any, and the
substance of such examination shall be reduced to writing and shall be signed
by the complainant and the witnesses, and also by the Magistrate provided
that, when the complaint is made in writing, the Magistrate need not examine
the complainant and the witnesses under section 192 CRPC.
59
[ Format of Complaint ]
CRIMINAL COMPLAINT U/S 138 OF THE NEGOTIABLE INSTRUMENTSACT

& SECTION 420 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (COURT

NO. 2), PUNE
AT PUNE
Criminal Complaint No. /200..
Shri .... S .... T .... D ....,
age 35 years, occupation - business, Complainant
resident of 1111 Kasba Peth,
PUNE 411 011.
Versus
Shri .. I .. S .. D
age 30 years, occupation - business, Accused
resident of 1050 Kasba Peth,
PUNE 411 01l.
A COMPLAINT U/S 138 OF THE NEGOTIABLEINSTRUMENTSACT&

SECTION 420 OF THEINDIANPENALCODE
The complainant abovenamed submits this complaint, praying to state as follows:

1. That the complainant is a resident of the within mentioned address, and he has been
running hisbusiness of hardware in the name and style as M/s STD Sales Corporation,
Pune.
2. That the accused had been a customer of the complainant for the last ten years
purchasing goods fromtime to time.
3. That since there has been business relationship between the complainant and the
accusedand also that the complainant could repose faith in the accused, he used to
accept the cheques issued bythe accused against the purchased by the accused.
60
4. That during the recent past, there have been various transactions between
thecomplainant and the accused as
detailed below:
5. That the complainant submits and says that the above mentioned cheques were
issued by the accused at the timeof delivery of goods and materials supplied to him by
the complainant, with an implied promise on the part of theaccused that on the
presentment of these cheques, they will be honoured.
6. That, however, all these cheques, have been dishonoured by the bankers of the
complainant, and the same havebeen returned to the complainant with endorsement
"Insufficiency of Fundsin the Account of the Drawer".
7. That the complainant says that had the complainant known that the chequesissued
by the accused would bedishonoured, the complainant would never have delivered the
materials and goods to the accused.
8. That the complainant does hereby reiterate that the cheques which were issued by
the accused in discharge of hisliability have been dishonoured for the reason of
insufficiency of funds in his account.
9. That the complainant is also surprised that since the date of dishonour of cheques,
he has beenmaking serious and sincere efforts to contact the accused personally, but
unfortunately the accused has been atlarge and not being available, and his
whereabouts are also not known to the complainant.
10. That taking into consideration such a typical position created by the accused, the
complainant has come to a tacitconclusion and also inferred that the accused took the
delivery of goods by deceiving and cheating the complainantwhen he issued the
cheques knowing it fully well that he had neither sufficient balance in his bank
account, nor hadhe made any alternative arrangements for crediting the necessary
amount against the same.
11. That from the total behaviour on the part of the accused, it is apparent that he is
not only liable civillybut also guilty of the criminal offences under the provisions of
criminal laws particularly under section 420of the Indian Penal Code 1860 and under
section 138 of the Negotiable Instruments Act 1881.
12. That the cheques were presented to the bankers of the complainant on.... the same
were returned tothe complainant on......for....insufficiency of funds in his account.
13.That the complainant has accordingly served a notice, dated.......on the accused,
demandingpayment of the said amount of Rs. 80,000/-, but the accused did not do so,
and hence, this complaint.
14.That the cause of action for this complaint first arose on..... and hence, this
complaint filed today iswell within limitation.
61
15. That the offence has been committed within the local limits of the jurisdiction of
this Court, and hence,this Hon'ble Court hasjurisdiction to try and decide this
complaint.
16. That the necessary court-fee is paid herewith.
17. That the complainant, therefore, prays that -
(A)The accused be charged with and tried for the offence punishable u/s 138 of the
NegotiableInstruments Act and also u/s 420 of the Indian Penal Code and punished
according tolaw;
(B)This complainant be awarded from the accused the said amount of Rs. 80,000/-
along with interest @ 18% p.a. from the date of the issue of the said cheques till
thedate of payment; and
(C)Any other orders in the interest of justice be kindly passed.
Pune,
Sd/- STD
COMPLAINANT
Dated:
Sd/-
ADVOCATE FOR COMPLAINANT VERIFICATION

I, Shri STD, the present complainant, do hereby state on solemn affirmation that
thecontents of this complaint in paras 1 to 17 are true and correct to the best of my
knowledgeand belief, and so I have signed hereunder.
Sd/- DMK COMPLAINANT
62
Criminal Miscellaneous
Petition
63
 Criminal Miscellaneous Petition :-
The Criminal Miscellaneous Petitions are one of the important tasks of the
Judge in the Criminal Court. The filing of Criminal Miscellaneous Petition
will start even before registering the case by way of anticipatory bail
application.
According to Oxford Dictionary meaning, Miscellaneous means consisting of

mixture of various things that are not usually connected with each other.
When a petition is filed seeking interim relief, it is registered as Miscellaneous

petition. A Memo filed before the Court of Law need not be treated as
Petition. The main difference between Petition and Memo is that Memo is
nothing but bringing a fact to notice before a Court of Law and no relief can
be sought for in a Memo and notice to the opposite party is not required.
However, where a Petition is filed requiring some relief from the court, a
notice to opposite party is mandatory in most of the cases. No order be passed
on Memo (Held in a decision held in between Syed Yousuf Ali Vs. Mohd.
Yousuf and Others reported in 2016(3) ALD 235.
In nut-shall it can be called a Petition other than a main case. When a

Miscellaneous Petition is filed in Criminal cases, it is registered as Criminal
Miscellaneous Petition. As soon as a Petition is filed, primary duty of the
Court is to see whether the relief sought is provided under Criminal Procedure
Code or not. If it is provided, the Petition shall be called in Public Court by
assigning a particular Miscellaneous number and notices shall be ordered to
the opposite party. Having heard both the parties, a speaking order has to be
pronounced. In day to day, Criminal Courts come across several
Miscellaneous Petitions seeking different reliefs. The petitions filed U/sec.239
C.R.P.C, Sec.227 C.R.P.C, Sec.311 C.R.P.C, Sec.319 C.R.P.C, Sec.451
C.R.P.C and Sec.457 C.R.P.C and also used to file applications U/sec.90 and
91 C.R.P.C and Sec.125(3) C.R.P.C for necessary reliefs. In this paper, I want
to say some types of Criminal Miscellaneous Petitions.
When a Petition is filed under section 239 of C.R.P.C in Magistrate’s Court

and under section 227 C in Sessions Court seeking discharge of the accused
from the Warrant case or Sessions case, before allowing that petition, the
Court has to see whether there is any prima facie case appearing against the
accused. The court sifts the evidence in order to find out whether or not
allegations made are groundless so as to order discharge.
64
[ Format of Criminal Miscellaneous Petition ]
IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF

TIRUPATICR.L.M.P.NO. OF 2012 M.C.No. 45 OF 2011
Dhanarekha …… Petitioner
Vs.Arun Kumar ….. Respondent
Arun Kumar …..

Respondent
Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C
(1) The petitioner submits that he filed the above M.C. for grant of separate maintenance on
31.12.2011 against the respondent seeking a sum of Rs. 500 per month to be awarded.
(2) The Honourable Court, after due contest, by order dated 06.01.2012 granted maintenance
to the petitioner directing the respondent to pay a sum of Rs. 400 per month to the petitioner
from 01.01.2012 and keep praying in future.
(3) The petitioner submits that, the respondent has not paid any maintenance so far, and these
disobeyed the order of this honourable court.
(4) The petitioner further submits that the arrears of maintenance from 01.01.2011 to
31.03.2012 to Rs. 6000/-
(5) It is therefore prayed that the honourable court may be pleased to commit the respondent
to prison for such kind has the law required or till he paid the arrears of maintenance.
Advocate for the Petitioner Petitioner
VERIFICATION
I, the petitioner, to hereby declared that the facts stated above or true and correct to the facts
stated above or true and correct to the best of my knowledge information and belief.
Date: xxxxxx
Petitione
65
Bail Application
66
 Bail Application :-
Bail is a written promise known as a bail undertaking to appear in court on a

particular date.
If you’re charged with an offence, bail allows you to go home to wait for your
court hearing rather than remain in custody. It can be granted at any stage of a
criminal proceeding.
You may be granted bail on your own undertaking by a police officer or a

court. However, bail might be refused for particular reasons, or if you have
been charged with serious offences.
Sometimes your bail will have conditions attached, such as surrendering your
passport, staying at the same address or reporting to police.
An important bail condition is that you do not commit further offences while
on bail.
If the police refuse to grant you watch house bail, you can apply to the
court for bail. If the court agrees, the police must release you once you sign
the bail undertaking, though it may take a few hours to release you.
If the court refuses to grant bail, you can apply to the Supreme Court
for bail.
If your offence is very serious (e.g. murder) you can only apply to the
Supreme Court for bail. You cannot apply to the Magistrates Court that is
hearing your charges.
67
[ Format of Bail Application ]
IN THE COURT OF ____________, ADDITIONAL DISTRICT AND SESSION

JUDGE, _____________ COURTS, ____________
FIR No : ____________
U/s : _______________
P.S : _______________
IN THE MATTER OF:
LMN, ___________, Son of _________________ Years of Age, Working as _____ Residing at

__________
........... Petitioner
Versus
State of_________ Through PQR, Son of _________, ____ Years of age, Working as __________
Residing at _______________
...........Respondent
FIR No.: ___________
U/s: ___________
P.S.: ___________
APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL

PROCEDURE 1973 FOR GRANT OF BAIL
Most Respectfully Show:
1. That the present application under section 439 of the Code of Criminal Procedure
1973 is being filed by the Petitioner for seeking grant of bail in FIR No. _________
registered at Police Station_______________. The present petition is being moved as
the Petitioner has been arrested on _________ (give date) in connection with the said
FIR. The petitioner is now in judicial/police custody.
2. That the Petitioner is innocent and is being falsely implicated in the above said case
as he has nothing to do with the matter.
68
3. That the Petitioner is a law abiding citizen of India. The petitioner is gainfully
carrying on the business of ________ at ________. (Give details).
4. That the Petitioner is a responsible person and is living at the above mentioned
address.
5. (Give all other relevant facts, which have led to the arrest or which show the
petitioner's innocence or disassociation with the alleged offence supposed to have
been committed)
6. That the Petitioner is innocent and no useful purpose would be served by keeping
him under custody and this is a fit case for grant of bail. (It would be pertinent to
mention as to the stage of investigation or in case the charge sheet has been filed,
whether charges have been imposed, evidence has started, the length of the list of
witnesses cited by the prosecution etc. as these would all be mitigating circumstances)
7. That the Petitioner undertakes to abide by the conditions that this Honorable Court
may impose at the time of granting bail to the Petitioner and further undertakes to
attend the trial on every date of hearing.
8. That the Petitioner has not filed any other similar petition before this or any other
Honorable Court for grant of bail in case of the present FIR. (Or give details and
results of earlier applications)
PRAYER:
In view of the above stated facts and circumstances it is most respectfully prayed that this
Honorable Court may be pleased to
a. Grant bail to the Petitioner in connection with FIR No. ________ registered under
section ________, for the offence of ________ (give sections) at Police Station
_________ (give place).
b. Pass any other such order as this Honorable Court may deem fit and proper in the
interest of justice.
LMN........Petitioner
Through
ABC.........Counsel
Place:
Dated:
69
Memorandum of Appeal
and Revision
70
 Memorandum of Appeal and Revision :-
A Memorandum of Appeal is the set of grounds upon which a judicial

examination is prayed for. It should contain concisely and under separate
heads, the grounds of objection to the decree appealed against. The
Memorandum is often need to be accompanied by a copy of the decree
appealed from.
A memorandum of appeal is different from petition. Therefore, no

enumeration of the facts of the case, no complaint against the high handedness
of the other party, no plea of the helpless condition of the appellant and no
plea for sympathy of the court should find any place in memorandum. The
memorandum can be divided into two main parts. They are as follow as-
1. Formal Part.
2. The Material Part.
71
[ Format of Memorandum of Appeal and Revision ]
To
The Honourable Chief Justice
And the other Judges of the
Honourable Court.
The petitioner above named respectively showith
1) The petitioner carries on the business of import of all kinds of machinery under the name
and style of „Ganga imports‟ having his office at 42 Masjid Bander Road, Hyderabad.
2) The second respondent is appointed U/Sec 5 of the import and Export Act 1956 and is
authorized to process all applications for import under the provisions of the said Act.
3) On 02.05.2011, the petitioners made an application to the second respondent in the

prescribed form for import of certain textile machinery from Germany. The said application
was accompanied by the prescribed fee of Rs. 2,00,000. Here to annexed and marked exhibit
„A‟ is a copy of the petitioner said applications dated 2nd May, 2011.
4) As the petitioner did not receive any reply from the second respondent, the petitioner wrote
a letter to expedite the issue of the Import licence infavours of the petitioner. In the said
letter, the petitioners also requested for a personal hearing before any final decisions was
taken in the matter by the second Respondent. Annexed have to and marked exhibit „B‟ is a
copy of the said letter of the petitioner date 10.10.2011.
5) The petitioner says that thereafter, the petitioner addressed two further reminders to the
second respondent on 15.11.2011 and on 04.12.2011 once again requesting the second
respondent to issue the necessary import licence to the petitioners. The petitioner craves leave
to refer to and reply upon the said reminders dated 15.11.2011 and 04.12.2011 when
produced.
72
6) The petitioner submits that the application here in was made by the petitioner in
Hyderabad. The second respondent has rejected the said application in Hyderabad and this
Honourable Court. Therefore has jurisdiction to receive, try and determine this petition.
The petitioner therefore prays
(a) That this honourable court be pleased to issue a writ of mandamus or a writ in the nature
of mandamus or any other appropriate writ, order or direction U/Art-226 of the constitution
of India, against the respondents ordering and directing them.
(i) To forthwith withdraw and cancel the said letter of rejection dated 07.01.2011 being
exhibit „C‟ here to
(ii) To forthwith disperse of the application of the petitioner dated 02.05.2011 being, exhibit
„A‟ here to after giving to the petitioner as per the rules and guidelines relating to imports
licensing.
(b) For the costs of this petition and
(c) For such further and other orders and the nature and circumstances of the case may
require.
Petition drawn by xxxx
Mr. Kiran, Advocate, H.C., A.P. Managing Director
and settled by M/s Indira TradingCo.
Mr. Ajay Babu, Senior Advocate
73
Chapter 3
Conveyance:
 Sale Deed
 Lease Deed
 Promissory Note
 Power of Attorney
 Gift Deed
74
Sale Deed
75
[ Format of Sale Deed ]
THIS DEED OF SALE is made at Malda this Thursday day of 2nd Oct, 2000, between Shri
Debasish Singha son of Dhirendranath Singha residing at Malda hereinafter referred to as
‘Vendor No. 1’ (which expression shall unless the context or meaning be otherwise repugnant
mean and include his heirs, legal representatives, executors, administrators, assigns) of the
FIRST PART and Smt. Soumita Singha Thakur, wife of Shri Subhodip Thakur residing at
Malda hereinafter referred to as “Vendor No. 2” (which expression shall unless the context or
meaning be otherwise repugnant mean and include her heirs, legal representatives, executors,
administrators, assigns) of the SECOND PART and M/s. Sarbori Saha a firm registered under
the Indian Partnership Act, 1932 and carrying out its business at Malda represented by the
two partners.
(i) Shri Pranay Saha residing at Malda (ii) Shri Obaidur Rahaman residing at, Malda
hereinafter referred to as “Vendor No. 3” (which expression shall unless the context or
meaning thereof be otherwise repugnant mean and include the heirs, legal representatives,
executors, administrators, assigns) of the deceased partners and the partners and the partners
for the time being of the THIRD PART in favour of the XYZ a company incorporated under
the Companies Act, 1956 and having its registered office at Malda hereinafter referred to as
“the Purchaser” (which expression shall unless the context or meaning thereof be otherwise
repugnant mean and include its successors and assigns).
WHEREAS the Vendor Nos. 1 and 2 are absolutely seized and possessed of or otherwise
well and sufficiently entitled to the piece and portion of land in plot No 406(p) admeasuring
2000 sq. metres (400 sq. fts) or thereabout comprising plot area of 1000sq. mts. ( 200 sq. fts.)
and the area under approach road admeasuring 500 sq. mts. (50 sq. fts.) in the layout bearing
18.03.1999 dated sanctioned -by the English Bazar Municipal Corporation and comprised in
Survey No 035725 at Malda more particularly described in the First Schedule hereunder
written and delineated on the plan hereto annexed and thereon shown surrounded by a red
coloured boundary line (which piece of land is hereinafter referred to as the said land).
AND WHEREAS the Vendor Nos. 1 and 2 party as the owners of the said land made an
application to the Government of Property law under section 21 of the Urban land (Ceiling
and Regulation) Act, 1976 (hereinafter referred to as “the Said Act”) for the exemption of
plots of land admeasuring 2000 sq. mts. from the provisions of Chapter Ill of the said Act and
granting permission for its sale.
AND WHEREAS an order No. ULC 22.09.1999 dated ……………………. was passed by
the Government of West Bengal under section 21 of the Urban Land (Ceiling and Regulation)
Act, 1976 and modified vide letter No 723 dated 22.09.1999 exempting the land described in
the Recital B from the provisions of Chapter Ill of UL (C&R) Act, 1976 and permitting the
Vendor Nos. 1 and 2 to sell the said land with buildings to the XYZ Ltd. the purchaser herein
subject to the conditions mentioned therein.
AND WHEREAS by an Agreement for sale dated 2nd Oct, 2000 made between the purchaser
and the Vendor No. 3 and confirmed by the Vendor Nos. 1 and 2 (hereinafter referred to as
76
“The said Agreement”) and Vendor No. 3 has agreed to procure for construction the said land
and to construct residential buildings consisting of 5 flats/tenements as per plan approved by
the English Bazar Municipal Corporation and as per designs and specifications required by
the purchaser at the rate and on the terms and conditions contained in the said Agreement.
AND WHEREAS the Additional Collector, Mr.Sunil Chetry has granted permission for non-
agricultural use of the land for construction of residential buildings on the said land by order
No. 904 dated 02.10.2000
AND WHEREAS pursuant to the said agreement the Vendor No. 3 called upon the Vendor
Nos. 1 and 2 to execute the conveyance of the said land together with the buildings
constructed thereon in favour of the purchaser and the Vendor Nos. 1 and 2 have agreed to do
so on the vendor No. 3 joining in the execution of this present as the Vendor No. 3.
AND WHEREAS the Vendors are desirous and have agreed to sell unto the purchaser the
said land with three buildings containing tenements 400 sq. fts. of built-up area which
includes over and above the sanctioned rate of Rs . 1,15000 per sq. ft. an extra rate of Rs
50000 per sq. ft. for providing extra amenities, superior specifications and additional
developments and the purchaser has agreed to purchase them for the total price of Rs .
14,61,450 of which Rs .3,50,000 are payable to the Vendor No. 1 and Vendor No. 2
respectively.
NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:
That in pursuance of the said agreement and in consideration of the sum of Rupees are payble
on or before the execution of these presents, by the Vendor No. 3 to the Vendor Nos. 1 and 2
in further consideration of the sum of Rs. 3,50,000 (Rupees Three lakh Fifty Thousand
reupees only) paid on or before the execution of these presents, by the Purchaser to the
Vendor No. 3 (the receipt and payment of which the vendors do hereby acknowledge, and
admit and of and from the same and every part thereof, do hereby acquit and release and
forever discharge the purchaser), the vendors do hereby GRANT, CONVEY, SELL,
TRANSFER AND ASSURE unto the purchaser, its successors, assigns and administrators-
in-interest ALL THE SAID land more particularly described in the First Schedule hereunder
written together with the three buildings consisting of ……. flats and all ways, paths,
passages, easements, privileges, trees, appurtenances, whatsoever to the said plot or in any
way appertaining to the same and/or any part thereof now or at any time heretofore usually
held, used, occupied or enjoyed therewith or reputed to be so held, used, occupied or enjoyed
and all the estate, right, title, interest, claim and demands whatsoever both at law or in equity
of the vendors into or out of the said plot, hereby granted, conveyed, sold, transferred and
assured or otherwise expressed and intended so to be UNTO AND TO THE use of the
purchaser absolutely forever and absolutely free from all encumbrances, claims, SUBJECT
HOWEVER to the payment of all rates, taxes, assessments, dues and duties chargeable upon
the said plot and payable to the Government or the Municipal Corporation of the City of
……………….. or any other authority in respect thereof and the vendors do hereby covenant
with the purchaser that notwithstanding any act, deed or thing by the vendors done or
executed or knowingly suffered to the contrary, the vendors now have in themselves good
right, full power and absolute authority to grant, convey, sell, transfer and assure the said land
with the buildings hereby conveyed and assured or expressed and intended so to be unto and
to the use of the purchaser in the manner aforesaid and that the purchaser shall and may at all
times hereafter peacefully and quietly possess and enjoy the same and receive the rents and
77
profits thereof without any lawful eviction, interruption, claim and demands whatsoever from
or by the vendors or by any other person or persons lawfully or equitably claiming by, from,
under or in trust for the vendors and that free and clear and freely and clearly and absolutely
acquitted, exonerated, released and forever discharged or otherwise by the vendors well and
sufficiently saved, defended or kept harmless and indemnified, or from and against all estates,
claims, charges, encumbrances whatsoever heretofore made, executed, occasioned or suffered
by the vendors or by any person or persons lawfully claiming or to claim by, from, under or
in trust for them and the vendors and all other persons claiming by from / or under the
vendors shall and will from time to time and at all times hereinafter at the request of the
purchaser execute, make or perfect or cause to be executed, made or perfected all such acts,
deeds, things and assurances whatsoever for further and more perfectly assuring the said land
and building constructed thereon and every part thereof UNTO AND TO THE USE of the
Purchaser as shall or may be reasonably required.
AND THIS INDENTURE FURTHER WITNESSETH that in pursuance of the said

Agreement and in consideration of the premises the vendors with intent to bind so far as they
can, call upon all persons into whose custody the deeds and writing comprised in the Second
Schedule hereunder written shall come DO FURTHER COVENANT with the purchaser, its
successors and assigns that the vendors shall and will unless prevented by fire or some other
inevitable accident from time to time and at all times hereafter upon every reasonable request
and at the cost of the purchaser or any person or persons having or lawfully or equitably
claiming through the purchaser, its successors and or assigns any estate or interest in the said
land described in the First Schedule hereunder written or any part thereof produce or cause to
be produced to the purchaser and other person or persons as aforesaid or its/their solicitors,
advocates or agent or the person or persons so requiring production of the said deeds and
writings comprised in the Second Schedule hereunder written at any trial, hearing,
commission or examination or in the course of any judicial or other proceedings or otherwise
as occasion shall require all or any of the said deeds and writings comprised in the Second
Schedule hereunder written which relate as well as to the said land as also to other land
belonging to the vendors and the possession of which is retained by the vendors for the proof,
defence and support, of the title of the purchaser, its successors and assigns or any other
person or persons as aforesaid to the said land described in Schedule 1 hereunder written or
any part thereof and will permit the same to be examined, inspected or given in evidence and
will also at the like request and cost of the purchaser, its successors or assigns or any other
person or persons as aforesaid made and furnish or cause to be made and furnished to it/or
them such true attested or other copies or abstracts of or extracts from the same deeds and
writings respectively or any of them as it or they may require and shall and will in the
meantime unless prevented as aforesaid keep the same deeds and writings safe, whole,
uninjured, unobliterated and uncancelled. Provided always and it is hereby declared that in
case the vendors or their successors and assigns shall deliver the said deeds and writings or
any of them to any further purchaser or purchasers of any of the land hereditaments and
premises to which the same may relate or to any other person or persons for the time being
entitled to the custody of the said deeds and writings and shall thereupon at their own costs
and charges procure for such purchaser herein.
The Vendor No. 3 hereby confirms the sale between the vendors and the purchaser of the said
land and has executed this Deed as Vendor No. 3.
IN WITNESS WHEREOF, the vendors hereto have hereunto set their respective hands on the
day, month and year first hereinabove written.
78
1.
2.
__________________
(Signature of the Vendors)
WITNESSES :-
1.
Drafted, Read over and explained
by me and printed in my office
_________________
Advocate, Malda,
Enrolment No.
2.
79
Lease Deed
80
[ Format of Lease Deed ]
Commercial Property Rental Agreement
THIS INDENTURE of lease is made at [City] this [Day, Month] of [Year], between [Lessor
Name], Son of [Lessor’s Father Name] resident of [Address Line 1, Address Line 2, City,
State, Pin Code], (hereinafter called “the Lessor”, which expression shall, unless repugnant
to the context and meaning include his heirs, successors, administrators and assigns) of the
ONE PART and [Lessee Name], Son of [Lessee’s Father Name] resident of [Address Line 1,
Address Line 2, City, State, Pin Code], (hereinafter called “the Lessee”, which expression
shall, unless repugnant to the context and meaning, include its successors and assigns) of the
OTHER PART.
WHEREAS the lessor is absolutely seized and possessed or otherwise well and sufficiently
entitled to the premises at [Lease Property Address, Address Line 1, Address Line 2, City,
State, Pin Code] with a total area of [Lease Property Area] square feet.
AND WHEREAS on the request of the Lessee, the Lessor has agreed to grant lease in respect
of the demised premises for a term of [Lease Term in Months or Years] in the manner
hereinafter appearing.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of
the covenants, conditions and stipulations hereinafter contained and on the Lessee’s part
to be paid, observed and performed, THE LESSOR HEREBY DEMISES UNTO THE
LESSEE ALL THAT the building situated at [Lease Property Address, Address Line 1,
Address Line 2, City, State, Pin Code] and hereinafter called as the demised premises,
TOGETHER WITH ALL the fixtures and fitting therein, TOGETHER WITH the
electrical installations and together with the right for the Leesse, its employees, servants,
agents, customers and persons authorized by the lessor to use the entrances, doorways,
entrance hall, staircases, landings and passages in the demised premises for the purpose of
ingress thereto, TO HOLD the demised premises unto the Lessee for the period of [Lease
Term in Months or Years] only commencing from the [Lease Deed Start Date] and
determined on [Lease Deed Signing Date] but determinable earlier as hereinafter
81
provided PAYING therefor unto the Lessor during the said term monthly rent of Rs.
[Lease Amount per Month] payable by the [Date of Monthly Payment] of each
succeeding calendar month to which it relates.
2. The lessee hereby covenants with the lessor as follows:
a. To pay the rent as aforesaid on the days and in the manner aforesaid.
b. To pay the electricity bills for the electricity consumed for lighting the demised
premises and for operation of air conditioners, fans, computers and electrical
appliances in the demised premises.
c. Not to make any structural alterations into or upon the demised premises or make
any alterations or additions to the external appearance or any part of the demised
premises without the previous consent of the Lessor in writing.
d. To use the demised premises for office purposes of the Lessee.
e. Not to do or suffer to be done in or upon the demised premises or other parts of
the said building in common with other persons anything whatsoever, which may
be or become a nuisance or annoyance to or in any way interfere with the quite or
comfort of the Lessor or other Lessees and occupiers of the said building.
f. Not to place or keep or permit to be placed or kept on the demised premises any
offensive, dangerous or highly inflammable or explosive material or any other
article or things, which may constitute a danger, nuisance or annoyance to the
demised or surrounding premises or the owners or occupiers thereof.
g. Not to sub-let, transfer, assign or part with the possession of the demised premises
or any part thereof.
h. To permit the Lessor, his servants, employees or agents duly authorized by him to
enter into and upon the demised premises at all reasonable times for viewing the
condition of the demised premises or doing such works or things as may be
requisite or necessary for any repairs, alterations, servicing or improvements to
the demised premises.
i. To hand over the peaceful possession of the demised premises at the end or the
sooner determination of the said term together with all the Lessors fixtures and
fittings in as good condition as received, fair wear and tear, damage by fire, acts of
God, riots or other civil unrest, war, enemy action and/or other cause not within
the control of the Lessee, being excepted.
82
j. Not to obstruct or suffer to be obstructed the entrance hall, entrances, doorways,

passages, staircase or lifts.
k. To replace all broken fittings and fixtures by equally good or better substitutes.
l. To insure and keep the demised premises insured against loss or damages by fire
with an insurance company approved in writing by the Lessor for an amount
which shall not be less than.
3. To Lessor doth hereby covenant with the Lessee as follows:
a. That on the Lessee paying the rent on the due dates thereof and in the manner
herein provided and observing and performing the convents, conditions and
stipulations herein contained and on his part to be observed and performed, shall
peaceably and quietly hold, possess and enjoy the demised premises during the
term without any interruption, disturbance, claim and demand by the Lessor or
any person lawfully claiming under or trust for the Lessor.
b. To keep the interior, exterior of the demised premises, the drainage thereof in
good and tenable repair and condition.
c. To keep the entrance, doorways, entrance halls, staircases, lobbies and passages in
the said building leading to demised premises well and sufficiently cleaned and
lighted at his own expense.
d. To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens
whatsoever payable to State or local or other authority, which may at any time or
from time to time during the term hereby created be imposed or charged upon the
demised premises.
4. It is hereby agreed and declared that these presents are on the express condition, that if
the rent or any part thereof payable in respect of the demised premises shall be in arrears
for a period of [two months] or by if the Lessee shall omit to perform or observe any
covenants or conditions on the Lessee’s part herein contained, the Lessor may re-enter
upon the demised premises provided that the Lessor has served a notice to the Lessee and
a period of [one month] has elapsed after the issue of such notice, the Lessee does not pay
the rent or does not perform or observe the covenant or condition and thereupon this
demise and all rights of the Lessee hereunder shall determined.
5. This Lease Deed shall be executed in duplicate. The original shall be retained by the
Lessor and the duplicate by the Lessee.
83
6. The marginal notes and the catch lines hereto are meant only for convenience of
references and shall not in any way be taken into account in the interpretation of there
presents.
7. IT IS HEREBY EXPRESSLY AGREED BETWEEN THE PARTIES AS
FOLLOWS:
a. The lessee shall be entitled to erect fittings, fixtures, wooden partitions, cabins or
make any such additions or alterations, as may be necessary for its use by the
Lessee; provided that the lessee shall remove the said fittings, fixtures, wooden
partitions, cabins, additions or alterations and restore the demised premises to the
Lessor on the expiry of the term of sooner determination of the lease in the same
condition as existed before making such changes.
b. If the lessor fails to pay the taxes, charges, assessments payable by him, or fails to
carry out the necessary repairs and other work which he has to carry out as
provided herein, the Lessee may after [one month] notice in writing, pay,
discharge and carry out the same at its own cost and the Lessee may set off the
same from the rent payable to the Lessor under these presents.
IN WITNESS WHEREOF, the Lessor has set its hands unto these presents and a duplicate
hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate
hereof on the day, month and year first hereinabove written.
For Lessor, For Lessee,
[Name] [Name]
[Address Line 1] [Address Line 1]
[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]
Witness 1: Witness 2:
[Name] [Name]
84
[Address] [Address]
Promissory Note
85
[ Format of Promissory Note ]
For value received, the undersigned jointly and severally promise to pay to the order of
______________________________, the sum of $ ________ , together with interest of
_________ % per annum on the unpaid balance. The entire unpaid principal and any accrued
interest shall be fully and immediately payable UPON DEMAND of my holder hereof.
Upon default in making payment within _________ days of demand, and provided this note
is turned over for collection, the undersign agree(s) to pay all reasonable legal fees and costs
of collection to the extent permitted by law. This note shall take effect as a sealed instrument
and be enforced in accordance with the laws of the payee’s state. All parties to this note
waive presentment, notice of non-payment, protest and notice of protest, and agree to remain
fully bound notwithstanding the release of any party, extension or modification of terms, or
discharge of any collateral for this note.
Signed under sealed this (Date) _________________
_______________________________ ________________________________
_______________________________ ________________________________
86
General Power of
Attorney
87
[ Format of Power of Attorney ]
To All to Whom these presents shall come, I ........ of ......

Whereas I am desirous of appointing some fit and proper person to look after all my
immovable properties, business and other affairs and requested Mr. ...... of ........ (hereinafter
called 'the Attorney') to act for me and manage and look after my affairs which the Attorney
has consented to do
NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that I, the said ... do hereby
appoint the said ..... as my true and lawful Attorney with full power and authority to do and
execute all acts, deeds, and things as hereinafter mentioned.
1. To ask, receive and recover from all receivers, farmers, tenants and all other
occupiers whatsoever whether holding under a written lease or agreement or
otherwise. of my lands and buildings, all rents, arrears of rent, services. issues, profits,
emoluments and sums of money now due owing and payable or at any time hereafter
to become due, owing and payable in respect of the same in any manner whatsoever
and also on non- payment thereof to take summary proceedings to distrain or distress
according to law And to give notices to quit, and vacate and file suits and proceedings
in ejectment and to recover rents and compensation for use and occupation And to
make like and appropriate demands and take like and appropriate actions and
proceedings against trespassers.
2. To appoint any fit person to be steward, bailiff, receiver or servant for the
management of my lands and premises and to recover rents thereof and the same or
any of such stewards, bailiffs, receivers or servants at pleasure to remove and displace
as the attorney shall think fit.
3. To contract with any person for leasing for such period at such rent subject to such
conditions as the attorney shall see fit, all or any of the said premises and any such
person, to let into possession thereof and to accept surrenders of leases and for that
purpose to make and execute any lease or grant or other lawful deed or instrument
whatsoever which shall be necessary or proper in that behalf.
4. To pay or allow all taxes, rates, assessments, charges. deductions, expenses and all
other payments and outgoings whatsoever due and payable or to become due and
payable for or on account of my said lands, estates and premises.
5. To enter into and upon my lands and buildings and structures whatsoever and to
view the state and defects for the reparation thereof and forthwith to give proper
notices and directions for repairing the same and to let manage and Improve the same
to the best advantage and to make or repair drains and roads thereon.
6. To sell (either by public auction or private treaty) or exchange and convey transfer
and assign any of my lands and buildings and other property for such consideration
and subject to such covenants as the Attorney may think fit and to give receipts for all
88
or any part of the purchase or other consideration money And the same or any of them
with like power, to mortgage charge or encumber and also to deal with my immovable
personal property or any part thereof as the Attorney may think fit for the purpose of
paying off reducing consolidating, or making substitution for any existing or future
mortgage. charge, encumbrance. hypothecation or pledge of the same or any part
thereof as the Attorney shall think fit and in general to sanction any scheme for
dealing with mortgages, charges hypothecations or pledges of any property or any
part thereof as fully and effectually as I myself could have done.
7. To purchase, take on lease or otherwise acquire such lands, houses, tenements and
immovable property generally as the Attorney may think fit or desirable.
8. To prepare a layout by sub-dividing any land into plots and obtain necessary
approval of any local authority for the same if required.
9. To develop any land or plot of land vacant or with any building or structure thereon
by constructing new building or buildings thereon and on Flat ownership basis, to sell
the flats and other premises therein on such terms as the Attorney may think fit and to
transfer the land with such building to any co-operative housing society or company
or on Apartment ownership basis and to execute necessary documents in that behalf.
10. To enter into any development agreement with any developer or builder authorising
him to develop any of my properties as mentioned above and to do and execute all
acts and deeds as may be required to be done or executed.
11. To sell or to concur in selling in private sale or In any other manner any of my stock,
merchandise, goods, chattels and other effects, articles and things for such
consideration and subject to such conditions as the Attorney may think fit and to
receive the proceeds thereof and to give receipt for all, or any part of the sale proceeds
or other consideration money.
12. To pledge, hypothecate or charge or concur in pledging hypothecating or charging
with, to or id favour of a Bank or Banks or any other financier body or Individual any
personal or moveable properties, goods, chattels, merchandise, commodities, effects
and things for such considerations and subject to such conditions as the Attorney may
think fit and for that purpose to sign, execute and deliver all necessary instruments
and deeds of mortgage. charge. hypothecation, pawn. pledge, lien and trust receipts
and to receive the consideration money or otherwise for such pledge. pawn.
hypothecation. charge. mortgage. lien and the like.
13. Also to draw, make, sign, accept or endorse pledge, hypothecate or otherwise
negotiate all or any foreign or Inland bills of exchange, hundi, cheques, orders for
payment of money and promissory notes and to sign, seal, execute, deliver, endorse,
accept, assign or transfer all mortgage deeds, bills of lading, delivery orders or other
symbols or Andicia of or documents of title relating to goods or merchandise, policies
of assurances, charter parties, ships certificates. bills of sale, securities of any
Government, municipality or local authority wheresoever situate or other stocks,
shares, debentures, mortgages, obligations, or other securities of any company or
corporation whether commercial, municipal or otherwise and all and every other
public or other securities, stocks or shares, foreign or otherwise and to deal with the
same and to receive the proceeds thereof respectively.
14. To purchase, take on hire, borrow or otherwise acquire machinery, tools, spare parts,
raw materials, merchandise commodities, goods, wares, articles, effects and things
89
and to deal in and with the same and to dispose of the same in such manner and for
such consideration as the Attorney may think fit.
15. To borrow any sum of money on such terms and with or without security as the
Attorney may think fit for any of the purposes of these presents.
16. To deposit any money which may come to his hands as such attorney with any
banker. broker. or other person and any of such money or any other money to which 1
am entitled which now or hereafter is or shall be deposited with any banker, broker or
other person to withdraw and either employ as the Attorney shall think fit in the
payment of any debts or the keeping down of interest payable by me or the creation of
sinking fund for the liquidation of any charges or encumbrances affecting any
moveable and immovable property or any part thereof or in or about any of the
purpose mentioned in these presents or otherwise for my use and benefit or to invest
in any such stocks, funds, shares or securities as the Attorney may think proper and to
receive and give receipts for any Income or dividends arising from such investments
and the same investments to vary or dispose of as the Attorney may think fit.
17. To continue and or to open new, current and or overdraft accounts in my name with
any Banks or Bankers and also to draw cheques and otherwise to operate upon any
such accounts.
18. To engage, employ and dismiss any agents, clerks, servants or other persons in and
about the performance of the purposes of these presents as the Attorney shall think fit.
19. To sell any of my present or future investments and for that purpose to employ and
pay brokers and other agents in that behalf and to receive and give receipts for the
purchase money payable in respect of such sales and to transfer any of my
investments so sold to the purchaser or purchasers thereof or as he or they may direct
and for these purposes to sign and execute all such contracts transfer deeds and other
writings and do all such other acts as may be necessary for effectually transferring the
same.
20. To accept the transfer of any share, stocks, debentures stocks, annuities, bonds.
obligations or other securities of whatever nature that may at any time be transferred
to me.
21. To attend, vote at and otherwise take part in all meetings held in connection with any
company or corporation with which I am concerned as a member, shareholder or
otherwise or In relation to any of my investments and to sign proxies for the purpose
of voting thereat or for any other purpose connected therewith as freely as I myself
could do.
22. Out of any of my moneys in his hands or under his control to pay all calls that may be
lawfully made upon me or other expenses that may be Incurred in relation to any of
my Investments and to give security for payment of the same.
23. To exercise all other rights and privileges and perform all other duties which now or
hereafter may appertain to me as a holder of debentures or shares or stock in any
company or corporation.
24. To ask, demand, sue for. recover and receive from every person every body politic or
corporate whom it shall or may concern all sums of money, rents, issues, profits,
debts, dues, goods, wares. merchandise, chattels, effects and things of any nature or
description whatsoever which now are or which at any time or times during the
subsistence of these presents shall or may be or become due owing payable or
90
belonging to me in or by any right, title, ways or means howsoever and upon receipt
thereof or of any part thereof to make sign execute and deliver such receipts releases
or other discharges for the same respectively as the Attorney shall think fit.
25. To settle any account or reckoning whatsoever wherein 1 now am or at any time
hereafter shall be in anywise interested or concerned with any person whomsoever
and to pay or receive the balance thereof as the case may require.
26. To receive every sum of money whatsoever which now is or at any time hereafter
may be due arising or belonging to me upon or by virtue of any mortgage, charge,
pledge hypothecation or other security whatsoever and on receipt thereof to make,
sign. execute and give good and sufficient release or other discharges for the same
and also to sign, execute, make and deliver all proper and sufficient reconveyances,
releases and other assurances of the lands and premises which shall have been
mortgaged or charged as security therefor and also to consent to any such alteration or
modification of the nature or conditions of the said securities as the Attorney shall
think fit.
27. To compound with or make allowances to any person for or in respect of the
aforesaid debts or any other debt or demand whatsoever which now is or shall or may
at any time hereafter become due or payable to me and to make or receive any
composition, dividend thereof or thereupon and to give receipts, releases or other
discharges for the whole of the same debts, sums or demands or to settle compromise
or submit to arbitration every such debt or demand and every other claim. right,
matter or thing due to or concerning me as the Attorney shall think most advisable for
my benefit and for that purpose enter into. make, sign, execute and deliver such bonds
of arbitration or other deeds or instruments as are usual in like cases.
28. To commence any suit, action or other proceedings In any Court of justice and before
any public officer or Tribunal for the recovery or enforcement of any debt, sum of
money, right, title, Interest, property matter or thing whatsoever now due or payable
or to become due or payable or in anywise belonging to me by any means or on any
account whatsoever and the same action, suit or proceedings to prosecute or
discontinue or become non-suit therein If the Attorney shall see cause And also to
take such other lawful ways and means including proceedings in execution. distress,
distraint and the like for recovering or getting in any such sum of money or other
thing whatsoever which shall by the attorney be conceived to be due owing, belonging
or payable to me by any person whosoever and also to appoint any advocates,
solicitors and legal advisers to prosecute or defend In the premises aforesaid or any of
them as occasion may require And from time to time, them or any of them to remove
and other or others to appoint In their place and to pay them such fees and
remuneration as the Attorney shall think fit or be advised And for all or any of the
purposes aforesaid to sign, execute, deliver. file all necessary vakalatnamas, war-
rants to act, plaints, petitions, applications, defences, statements, accounts,
declarations, affidavits, and other documents, papers and writings.
29. To defend any suit or legal proceedings taken against me in any court of law and to
do all acts and things as are mentioned above.
30. To accept service of any writ of summons or other legal processes or notice in any
suit or legal proceedings and any person to represent in such court civil or criminal, or
revenue court or tribunal or before any officer or other Tribunal whatsoever.
91
31. To make any declaration or affidavit in proof of any debt or debts due or claimed to
be due to me in any proceedings taken or hereafter to be taken by or against any
person firm or company under any Act or Ordinance for the time being in force for
the relief or otherwise of insolvent debtors or the winding up of companies and to
attend all meetings of creditors under any such proceedings and to propose, second or
vote for or against any resolution at any such meeting and generally to act for me in
all proceedings whether by way of bankruptcy or liquidation by arrangement or by
composition which may be taken against or for the relief of any debtor as the Attorney
shall think fit.
32. To exercise any power and any duty vested in me whether solely or jointly with
another or others as executor, administrator, trustee or in any other fiduciary capacity
(including powers and trusts to sell or lease land or to receive and give good receipts
for money) so far as such power or duty Is capable of being validity delegated.
33. And also to appear before the Registrar or Sub - Registrar of any District or Sub-
District appointed or to be appointed under any Act or law for the time being in force
or otherwise for the registration of deeds, assurances, contracts or other Instruments
and then and there or at any time thereafter to present and register or cause to be
registered any deeds, assurances. contracts or other instruments In which 1 am or may
be by the Attorney deemed to be Interested and to pay such fees as shall be necessary
for the registration.
34. To enter into, make, sign, seal, execute, deliver, acknowledge, perform all
engagements, contracts, agreements, deeds, declarations, bonds, assurances and other
documents, papers, writings and things that may be necessary or proper to be entered
into, made signed, executed, delivered, acknowledged and performed for any of the
purposes of these presents or to or in which I am or may be party or in any way
Interested.
35. To appear on my behalf and to represent my interest before the Income tax, Wealth-
tax and Gift-tax and/or other Taxing Authorities in respect of my Income tax. Wealth-
tax, Gift-tax, as also before any Tribunal, or Court.
36. To sign on my behalf Income-tax, Wealth-tax and Gift-tax returns and to submit the
same on my behalf to the respective Taxing Authorities,
37. To sign, declare and affirm on my behalf all the applications, documents. declarations
and affidavits as may be necessary for the purposes of the Income-tax, Wealth- tax
and Gift -tax affairs and to submit and file the same with the respective Taxing
Authorities, to file appeals and references as the Attorney may be advised and as he
may deem fit and proper against the orders and decisions of the Income-tax, Wealth-
tax and Gift-tax Authorities in respect of my assessment proceedings. to appoint on
my behalf such Auditors, Accountants and Advocates as the said Attorney shall deem
fit and proper for representing me before the Income-tax, Wealth-tax and Gift-tax
and/or Taxing Authorities or any other Tribunal or Court in respect of the Income-tax,
Wealth-tax and Gift-tax Assessments and to discharge them and appoint new
Auditors, Accounts and Advocates as the case may be An their place, to compound,
compromise and settle with the Income-tax, Wealth-tax and Gift-tax Authorities the
orders and assessments made by them, to apply for time for payment and to apply for
instalments for the payment of the amount assessed and to be paid by me to the
Income-tax, Wealth-tax and Gift-tax or other Taxing Authorities, and to do all acts
and- things regarding the said matters.
92
38. And also for the better and more effectually doing, effecting and performing the
several matters and things aforesaid to appoint from time to time or generally such
person or persons as the Attorney may think fit as his substitute or substitutes to do,
execute and perform all or any such matters and things as aforesaid and any such
substitute or substitutes at pleasure to remove and to appoint another or other in his or
their place.
39. In general to do all other acts, deeds. Matters and things whatsoever in or about my
estate, property and affairs or concur with persons jointly Interested with myself
therein in doing all acts, deeds, matters and things herein either particularly or
generally described as amply and effectually to all Intents and purpose as I could do
in my own proper person if these presents had not been made.
AND I, the abovenamed ........... do hereby undertake to ratify whatever the Attorney or any
substitute or agent appointed by him under the power In that behalf hereinbefore contained
may lawfully do or cause to be done in and by virtue of these presents.
IN WITNESS WHEREOF I, the abovenamed ........... have hereunto set my hand this ...........
day of. .......... 20__ .
Signature of the Principal

Witnesses :-
1.
2.
Drafted, read over & explained

By me and printed in my office.
_____________________
Advocate, Malda.
Enrolment NO. ______________
93
Gift Deed
94
[ Format of Gift Deed ]
This deed of Gift is executed on 18th day of November month of 1992 yearby SriPradip
Kumar Khasnobish S/o. Late Harendra Khasnobish, Indian Citizen, Hindu by Religion,
Serviced by occupation, and aged 40 years, residing at Vivekananda Pally, P.O. English
Bazar, P.S. English Bazar, Dist. Malda-732101 herein aftercalled the DONOR. 1 In favour of
Sri.Sudip Khasnobish, S/o Sri Pradip Kumar Khasnobish, Citizen of India, Hindu by
Religion, School teacher by occupation, and aged 38 Years, residing at Kothabari, P.O.
Jhaljhalia, P.S. English Bazar, Dist Malda- 732102 Herein referred to as the DONEE. 2
Whereas, the term Donor and Donee unless repugnant to the context shall mean and include
their representatives heirs, successors, executors, administrators, trustees, legal
representatives and assigns. Whereas, the Donor herein, is the sole and absolute owner of
immovable property 3 bearing No. 128situated at morefully described in the schedule
hereunder written and herein after called the schedule property. Whereas, the Donor is the
absolute owner, having acquired the propertyand since then Donor has been in possession and
enjoyment of the schedule property and paying taxes and levies thereon, as sole and absolute
owner thereof. Whereas the Donee is related to the Donor. Whereas the Donor desires to
grant the said land and premises morefully described in the schedule written hereunder and
hereinafter referred as scheduled property to the Donee as gift in consideration of natural love
and affection subject to the condition herein after mentioned.
NOW THIS DEED WITNESSETH that the Donor, without any monitory consideration
and in consideration natural love and affection which the Donor bears to the Donee hereby
grant and transfer by way of gift, the scheduled property situated together with all the things
95
permanently attached thereto or standing thereon and all the liberties, privileges, easements
and advantages appurtenant thereto and all the estates, rights, title, interest, use, inheritance,
possession, benefits, claims and demand whatsoever of the Donor TO HAVE AND TO
HOLD the same unto the use of the Donee absolutely but subject to the payment of all taxes,
rates, assessments, dues and duties now and here after chargeable thereon to the Government
or local authorities. Whereas the Donor hereby covenant with the Donee;
(a) That the Donor now has in himself, absolute right, full power, and absolute authority to
grant the said scheduled property hereby granted as gift in the manner aforesaid.
(b) The Donee may at all times herein after peacefully and quietly enter upon, take
possession of the scheduled property and enjoy the said scheduled property as he deems fit
without any interruption, claim or demand whatsoever from or by the Donor or his heirs,
executors, administrators and assigns or any person or persons lawfully claiming or to claim
by from under or in trust for the Donor.
(c) AND FURTHER that the Donor and all persons having or lawfully claiming any estate
or interest whatsoever to the said scheduled property and premises or any part thereof from
under or in trust for the Donor or his heirs, executors, administrators and assigns or any of
them shall and will from time to time and at all times hereafter at the request and cost of the
Donee do and execute or cause to be done and executed all such further and other acts, deeds,
things, conveyances and assurances in law whatsoever for better and more perfectly assuring
the said scheduled property and every part thereof unto and to the use of the Donee in the
manner aforesaid as by the Donee his heirs, executors, administrators and assigns or counsel
in law shall be reasonably required.
SCHEDULE OF THE PROPERTY
(Gifted under this deed)
All the piece and parcel of immovable property 5 bearing No. 1437
Measuring 1171 square feet
Bounded by:-
96
On the East : 16’-0” Wide pucca Road
On the West : Land of Sri Nirmal Das
On the South : 14’-6” Wide pucca Road
On the North : 12’-0” wide pucca Road
Market value of the property gifted under this deed is Rs. 7.06,080/- (Rupees Seven Lakhs
Six Thousand Eighty Rupees only).
The Stamp duty is paid on the market value as computed above.
IN WITNESS WHEREOF the Donor as well as the Donee (by way of acceptance of the said
gift) have put their respective hands the day and year first herein above written.
WITNESSES:
1. DONOR
2.DONEE
97
Will
98
Formate of Will
This is the LAST WILL and TESTAMENT executed on the 2nd Oct, 1996 by me, Sri, Subhodip Thakur,
S/o. Sri Dinesh Thakur, Hindu by religion, Citizen of India, Serviced by Occupation, residing at Nepali
Para, P.O. Balurghat, P.S. Balurghat, Dist Dakhsin Dinajpur- 733101 out of my own free will and in a
full disposing state of mind without any coercion, undue influence from any body.
I am now aged about 72 years old and I am anxious that after my life time all my properties
whether movable or immovable and my interest in the business concern belonging to me should
devolve smoothly according to my desires set out in this Will, so that there may not be any
complications.
I acquired property more fully described in the schedule hereunder from Joydeep Thakur in
and by sale deed dated. registered as Doct.No. 1127 of Book 1 volume filed at pages 24 to on the file
of the Sub Registrarfrom the said date, the said property has been in e\my exclusive enjoyment and
have been enjoying without any interruption from any body.
I give, devise and bequeath the movabe and immovable properties property more fully
described in the schedule hereunder to Kiran Thakur., Daughter of Yogesh Thakur Hindu
aged about years residing presently residing at Nepali Para, P.O. Blaurghat, P.S. Balurghat,
Dist Dakhsin Dinajpur- 733101 and shall be the absolute owner of the property after my life
time.
I possess 60 % of shares in my Dairy Company (Vagirothi Dairy). I give, devise and

bequeath my said shares absolutely in favour of my wife and she will have unfettered
discretion to do whatever she likes with the said shares as and when they devolve on her. In
the event of my wife predeceasing me, I give, devise and bequeath my said shares of 60% in
the said Company to my two daughters absolutely to be taken by them in equal shares.
99
I give, devise and bequeath whatever properties movable or immovable wherever

situated and which are not specifically set out in this Will to be taken absolutely by both of
my daughters equally.
I appoint my elder daughter Sarbori Thakurto be the Executor and Trustee of this
Will. This Will shall come into effect after my death.I reserve my right to alter or revoke this
Will.
Thus I have executed this Will as set out above out of my own free Will and with a
full disposing state of mine.
Signed by the TESTATOR and acknowledged by him to be his last Will and Testament in
the presence of us, both of us being present at the same time, who at his request, in his
presence and in the presence of each other, have subscribed out names as witnesses.
WITNESSES: TESTATOR
100
Conclusion
101
CONCLUSION:-
Now I want to conclude by saying that the amendment of pleading is necessary to avoid
multiplicity of civil suits. But, The Court cannot grant the leave of amendment at its whims
and fancies. There has to be certain criterion for granting or refusing the leave, which has
been laid down in case laws. It is a well known fact that delay in justice is one of the basic
flaws of the Indian Judiciary and amendment of pleadings is a vital reason for that. The Court
must not refuse bona fide, legitimate, honest and necessary amendments and should never
permit mala fide amendments. Amendment of pleadings cannot be claimed as a matter of
right and under all circumstances, but the Courts while deciding such prayers should not
adopt a mechanical approach. The Court should adopt a liberal approach in cases where the
other side can be compensated with coasts. Normally, amendments are allowed in the
pleadings to avoid multiplicity of litigations.
Therefore it is for the Courts to decide whether an amendment of pleading is necessary for
the cause of justice of curbing the delay. Afterall the basic aim of the Judiciary is to strive for
ends of justice so it has to maintain the balance accordingly.
102
Bibliography
103
Bibliography :
Recommended Books
 Singh B.P., Pleadings, Conveyancing and Drafting.
 Moga P.C. , The Law of Pleading in India.
 Chaturvedi R.N., Pleadings, Drafting and Conveyancing.
 Chaturvedi A.V., Pleadings, Conveyancing and Drafting and Legal Professional

Ethics.
104
105
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Drafting, Pleading and Conveyance

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Drafting, Pleading and Conveyance

A tentative, provisional, or preparatory writing out of any document (as a will,contrac

Drafting relates to making a draft of something. Drafting a document would imply

 General Principles of Drafting and Relevant Substantive Rules :-

Key points Corporate Executive should keep in mind-

3) The facts which should be disclosed in the document cannot be suppressed.

5) The format of documents adopted adheres to the customs and conventions in

7) Document should be supported by the schedules, enclosures or annexures to the

8) Use concrete words.

9) Write short sentences.

10) Prepare a outline.

Fowlers' five rules of drafting as follow as –

1) Prefer the familiar words.

3) Due care is required in certain documents to ensure it is adhere with applicable

 Rules For Drafting :-

1) Use legal dictionary and ordinary dictionary for ascertaining the

3) Technical words may be used after ascertaining their full meaning,

4) The draftsman should be able to convey his intention to the readers, in

5) It is always beneficial to use reference of eminent legal experts’work,

 Particulars to be contained in Plaint :-

1) The names of the Court in which the sui is brought.

2) The name, description and place of residence of the plaintiff.

3) The Name, description and place of residence of the defendant,

4) Where the plaintiff of the defendant is a minor or a person of

5) The facts constituting the cause of action and when it arose.

6) The facts showing that the Court has the jurisdiction.

7) The relief which the plaintiff claims.

8) Where the plaintiff has allowed a set-off or relinquished.

9) A statement of the value of the subject-matter of the suit for the

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

Having its Regd office at

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001 ……………….Plaintiff

Having its regd. Office at

4th Floor, Statesman House,

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001

4th Floor, Statesman House,

K G Marg, Delhi 110001

THE PLAINTIFF NAMED ABOVE STATES AS UNDER:

Most Respectfully Showeth:-

 That the Plaintiff is a Retail store engaged in a business of marketing

 That the plaintiff is engaged in marketing, selling & supplying

business, economics, companies, international trade, commercial

 That the Defendant is a consultancy firm incorporated under the

 That the plaintiff insisted on an advance amount before commencing

 That the plaintiff supplied newspapers, magazines and periodicals in

 That vide a letter dated August 01, 2014 the deposited

 That no communication has been made till date by the defendants

 That the cause of action accrued to the plaintiff against the

 That the plaintiff is entitled to an interest @ 8.5% (at the rate of

The plaintiff thereby prays:

Writ Petition No_____of _20 _____

A _____ aged about _ son of ______________., resident