Instructions Regarding Practical File

Rules and Instructions for preparation of file:

1. The file must be prepared by each student in his/her

handwriting.
2. The file shall be prepared on A4 size of paper with proper
spacing.
3. There shall be no writing on the back side of the page except
as otherwise provided.
4. Front Page should include-
• Name of College
• Subject Name (DRAFTING OF PLEADING AND
CONVEYANCING)
• Subject Code (K-5005)
5. Bottom Right Side: Submitted by—
• Name of Student.
• Roll No.
• Class.
6. Supporting proofs of exercise such as pictures, maps etc. shall
be attached/pasted on the left side of the page facing the
exercise or relevant text page.
7. Front Page can be hand written or preferably printed, and in
coloured paper.
8. No. of Pages: not less than 60 pages.
9. Only use BLACK and BLUE pen.
10. It is mandatory to include Index Sheet.
11. Proper page no. should be indicated.
12. Every exercise shall be submitted to the subject teacher for
inspection and checking just after completion of that exercise.

1
 KAMKUS COLLEGE OF LAW
(Affiliated to Chaudhary Charan Singh University, Meerut & Approved by BCI)

DRAFTING OF PLEADING AND CONVEYANCING

(Practical Training)

A Practical file for the fulfillment of LL.B. Degree

(2024-25)

SUMITTED TO: SUMITTED BY:

Name of Faculty Name:…………………….

Father’s Name……………
Class:…….
Roll No……………
Enrolment No……….

2
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my

Faculty-In-charge of the subject Ms. Somna Singal, our Principal Dr.
Ambuj Sharma who all gave me the golden opportunity to do this
wonderful work.

In performing my Practical file, I would like to express my thanks to all

the faculty members for helping me in various ways.

I would also like to express my deepest gratitude to all those who have
directly or indirectly guided me in preparing this project work.

Finally, yet importantly, I would like to express my heartfelt thanks to

my beloved parents for their blessings, my friends/classmates for their
help and wishes for the successful completion of this project.

Date: Signature

3
 INDEX
S. No. Contents Page No.
I. • Acknowledgement.

PART-I
1.
PLEADING (CIVIL & CRIMINAL)
CHAPTER-I
CIVIL PLEADING
• Introduction & Basic Principles.
• Object and Importance of Pleadings.
• Fundamental or Basic Rules Of Pleadings.
• Amendment of Pleadings.
CHAPTER-II
2. (A) DRAFTING OF CIVIL PLEADING
• EXERCISE-1
Plaint Filed On Behalf Of The Plaintiff Under
Order-VII Rule-10 CPC.
• EXERCISE-2
Written Statement
• Suit For Specific Performance Of Contract
• EXERCISE-3
Written Statement Of The Defendant In The Above
Mentioned Suit.
• EXERCISE-4
Plaint For The Suit For Defamation
• EXERCISE-5
Written Statement On Behalf Of Defendant
• EXERCISE-6
• Petition U/Sec. 9 Of Hindu Marriage Act, 1955 For
Restitution Of Conjugal Rights.
4
 • EXERCISE-7
Draft Affidavit
• EXERCISE-8
Petition For Maintenance Under Section 18 Of The
Hindu Adoptions And Maintenance Act, 1956
• EXERCISE-9
Writ Petition Under Article 226 Of The Constitution
Of India For Issuance Of Prerogative Writ Of
Mandamus.
CHAPTER-III
3. (B)DRAFTING OF CRIMINAL
PLEADING
• EXERCISE-1
Application Under Section 438, Code Of
Criminal Procedure, 1973
• EXERCISE-2
Affidavit
• EXERCISE-3
Criminal Complaint U/S. 494 R/W. S. 34 Of IPC
• EXERCISE-4
Complaint Under Section 138 Of The Negotiable
Instruments Act, 1881.
PART-II
4. LAW OF CONVEYANCING
CHAPTER-IV
MEANING AND COMPONENTS OF
CONVEYANCING
• Object And Function Of Conveyancing
Components Of Deeds.

5
 CHAPTER-V
5. DRAFTING OF DEEDS
• Gift Deed
• Lease Deed
• Deed Of Dissolution Of Partnership Firm
• Adoption Deed By A Hindu Male Person
• Sale Deed
• Will Deed
• Mortgage Deed
• Power Of Attorney
• Promissory Note

6
 PART-I
PLEADING (CIVIL & CRIMINAL)
CHAPTER-I
CIVIL PLEADING:
INTRODUCTION & BASIC PRINCIPLES
Pleadings are the backbone of legal profession. It is the foundation stone on which case of a
party stands. The case of a party must be set out in the pleadings. Moreover, the relief cannot be
claimed on the grounds which are not contained in the pleadings. The immaterial or vague or
ambiguous matter should be avoided and pleadings should be properly framed. In Devki
Nandan v. Murlidhar, AIR 1957, SC 133, it was held that a finding cannot be sustained
which is based on no pleading and no evidence.

Pleadings are those materials or essential facts which are necessary to be averred in order to put
forward a cause or to establish a defence in a judicial proceeding. It is the backbone of the suit
upon which the entire edifice of the suit rests. It includes allegations and counter allegations
made by one party and denied by the other. Etymologically, it means a formal statement to
propound the cause of action or set up a defence against the case of the plaintiff.

According to Mogha,

“Pleadings are statements in writing drawn up and filed by each party to a case, stating
what his contentions will be at the trial and giving all such details as his opponent needs
to know in order to prepare his case in answer.”

Order VI of the Code of Civil Procedure, 1908 deals with pleadings in

general. Rule 1 defines pleading, while Rule 2 lays down the fundamental principles of
pleadings. Rules 3 to 13 require the parties to supply necessary particulars. Rules 14 and 15
provide for signing and verification of pleadings. Rule 16 empowers a Court to strike out
unnecessary pleadings. Rules 17 and 18 contain provisions relating to amendment of pleadings.

As per Rule 1 of Order VI of the Code of Civil Procedure, 1908, pleading is defined as
PLAINT or WRITTEN STATEMENT.

• PLAINT
7
 Plaint is the statement of the plaintiff containing grievances in order to initiate an action
in a court of law. It helps the court to determine the real nature of the suit.

• WRITTEN STATEMENT
Written statement is the statement or defence of the defendant by which he either admits
the claim of the plaintiff or denies the allegations or averments made by the plaintiff in his
plaint.
Beside the plaint and the written statement, order pleading that may be filed, may be classed
under two heads:
(i) Subsequent pleadings, and
(ii) Additional pleadings.

(i) Subsequent Pleadings:

The only subsequent pleading which is filed as a matter of right, without the leave of
the court, is a written statement of a plaintiff by way of defence to a plea set-off set
up by a defendant in the written statement of his defences. No other pleading
subsequent to the written statement of a defendant other than that by way of defence
to a plea of set off can be presented except with the leave of the court and upon such
terms as the court may think proper. But the Court may at any time require a written
statement or an additional written statement from any of 3 the parties and fix a time
for presenting the same (O.8, r.9). Any ground of defence which has arisen after the
institution of the suit or the presentation of the written statement, may be, raised by
the plaintiff or the defendant as the case may be, in his written statement (O.8, r.9).
This is also a subsequent pleading. The subsequent pleading, i.e., this written
statement in some states is also termed as “replication”. This term was formerly used
in England where plaintiff’s written statement is now called “reply”.

(ii) Additional Pleading:

Although no pleading subsequent to the written statement of a defendant other than
by way of defence to a plea of set-off can be presented without the leave of the court,
yet the court may at any time require a written statement or additional written
statement from any of the parties, i.e., plaintiff or defendant or both (O.8, r.8). The
additional pleadings are not subsequent pleadings in the true sense of the term. They
are pleading by way of further and better statement of the nature of the claim or
defence or further and better particular of any matter or state in the pleadings. These
pleading may be ordered under order 6, rule 5 of the Code of Civil Procedure.

Under the English Law, pleading has been defined as follows: “pleading includes any petition
or summons and also include the statement in writing of the claim or demand of any plaintiff and
of the defence of any defendant thereto and of reply of the plaintiff to nay counter-claim of a
defendant.”

8
 • Object and Importance of Pleadings
The objects of pleadings are –
(i) to bring the parties to definite issues;
(ii) to prevent surprise and miscarriage of justice;
(iii) to avoid unnecessary expense and trouble;
(iv) to save public time;
(v) to eradicate irrelevancy; and
(vi) to assist the Court.

Importance of pleading cannot be underestimated. Jacob states, “Pleadings do not only

define the issues between the parties for the final decision of the court at the trial, they manifest
and exert their importance throughout the whole process of the litigation.” Pleadings provide a
guide for the proper mode of trial. They demonstrate upon which party the burden of proof lies,
and who has the right to open the case. They also determine the range of admissible evidence
which the parties should adduce at the trial. They also lay down limit on the relief that can be
granted by the Court.

Fundamental or Basic Rules of Pleadings:-

Sub-rule (1) of Rule 2 of Order VI of the Code of Civil Procedure, 1908, lays down the
fundamental principles of pleadings. It reads as under:-

“Every pleading shall contain, and contain only a statement in a concise form of the
material facts on which the party pleading relies for his claim or defence, as the case
may be, but not the evidence by which they are to be proved.”

From the above provision it can be said that following are the fundamental or basic rules of
pleadings:-

(1) Pleadings should state facts and not law;

(2) The facts stated in pleadings should be material facts;
(3) Pleadings should not state the evidence; and
(4) The facts in pleadings should be stated in a concise form.

Now these rules are discussed in details one by one:-

(1) Pleadings Should State Facts and not Law:
It is the first fundamental rule of pleadings. It says that pleadings should state only facts and not
law. In the case of Kedar Lal v. Hari Lal, AIR 1952 SC 47 , it was held that it is the duty
of the parties to state only the facts on which they rely upon their claims. It is for the Court to
apply the law to the facts pleaded. In the case of Gouri Dutt Ganesh Lall Firm v. Madho
9
Prasad,(AIR 1943 PC 147) it was held that the law of pleading may be tersely summarized
in four words; “Plead facts not law.”

In Ram Prasad v. State of M.P., (1969) 3 SCC 24, it was held that a mixed question of
law and fact, however, should be specifically pleaded. Again in Union of India v. Sita Ram
Jaiswal, (1976) 4 SCC505, the Court held that a point of law which is required to be
substantiated by facts should be pleaded with necessary facts.

(2) The Facts Stated in Pleadings Should be Material Facts:-

It is the second fundamental rule of pleadings. It says that pleadings should contain a
statement of material facts and material facts only. Here one most important question is
arose i.e. what is the meaning of the term “material facts”. This term has not been
defined in the Code of Civil Procedure, 1908. But the Court defined this term in many
judicial pronouncements. Like in the case of Union of India v. Sita Ram, the court said
that “material facts” means all facts upon which the plaintiff’s cause of action or the
defendant’s defence depends, or in other words, all those facts which must be proved in
order to establish the plaintiff’s right to relief claimed in the plaint or the defendant’s
defence in the written statement.

Again in the case of Udhav Singh v. Madhav Rao Scindia,(1977)1 SCC 511,
the Supreme Court said that the term material fact means “All the primary facts which
must be proved at the trial by a party to establish the existence of a cause of action or his
defence are material facts.”

Again in Virender Nath v. Satpal Singh, (2007) 3 SCC 617, the Supreme Court
held that:- “The phrase ‘material facts’ may be said to be those facts upon which a party
relies for his claim or defence. In other words, ‘material facts’ are facts upon which the
plaintiff’s cause of action or the defendant’s defence depends. What particulars could be
said to be ‘material facts’ would depend upon the fats of each case and no rule of
universal application can be laid down. It is, however, absolutely essential that all basic
and primary facts which must be proved at the trial by the party to establish the existence
of a cause of action or defence are material facts and must be stated in the pleading by as
the party.”

(3) Pleadings Should not State the Evidence:

It is third fundamental rule of pleadings. It says that pleadings should contain a
statement of material facts on which the party relies but not the evidence by which those
facts are to be proved. The facts are of two types:-

(a) Facta probanda- the facts required to be proved (material facts); and
10
 (b) Facta probantia- the facts by means of which they are to be proved
(particulars or evidence).

The pleadings should contain only facta probanda and not facta probantia. The material facts
on which the plaintiff relies for his claim or the defendant relies for his defence are called facta
probanda, and they must be stated in the plaint or in the written statement, as the case may be.
But the facts or evidence by means of which the material facts are to be proved are called facta
probantia and need not be stated in the pleadings.

(4) The Facts in Pleadings Should be Stated in a Concise Form:

It is the fourth and last fundamental rule of pleadings. It says that the statements in
pleadings should be stated in a concise and in brief form. In Virendra Kashinath v.
Vinayak N. Joshi,(1999) 1 SCC 47, The words “in a concise form” are definitely
suggestive of the fact that brevity should be adhered to while drafting pleadings. Of
course, brevity should not be at the cost of excluding necessary facts, but it does not
mean niggling in the pleadings. If care is taken in syntactic process, pleadings can be
saved from tautology.

(B) Particular or Other Rules of Pleadings:

Besides the fundamental or basic rules of pleadings, there are other or particular rules of
pleadings which are as follows:-

(1) Wherever misrepresentation, fraud, breach of trust, willful default or undue influence are
pleaded in the pleadings, particulars with dates and items should be stated.(Rule 4, O. VI
CPC)
(2) The performance of a condition precedent need not be pleaded since it is implied in the
pleadings. Non-performance of a condition precedent, however, must be specifically and
expressly pleaded. (Rule 6, O. VI CPC)
(3) Generally departure from pleading is not permissible, and except by way of amendment,
no party can raise any ground of claim or contain any allegation of fact inconsistent with
his previous pleadings.(Rule 7, O. VI CPC)
(4) A bare denial of a contract by the opposite party will be construed only as a denial of
factum of a contract and not the legality, validity or enforceability of such contract. (Rule
8, O. VI CPC)
(5) Documents need not be set out at length in the pleadings unless the words therein are
material. (Rule 9, O.VI CPC)
(6) Wherever malice, fraudulent intention, knowledge or other condition of the mind of a
person is material, it may be alleged in the pleading only as a fact without setting out
the circumstances from which it is to be inferred. (Rule 10, O.VI CPC) Such
circumstances really constitute evidence in proof of material facts.

11
 (7) Whenever giving of notice to any person is necessary or a condition precedent,
pleadings should only state regarding giving of such notice, without setting out the
form or precise term of such notice or the circumstances from which it is to be
inferred, unless they are material. (Rule 11, O. VI CPC)
(8) Implied contracts or relations between persons may be alleged as a fact, and the series
of letters, conversations and the circumstances from which they are to be inferred
should be pleaded generally. (Rule 12)
(9) Facts which the law presumes in favour of a party or as to which the burden of proof
lies upon the other side need not be pleaded. (Rule 13)
(10) Every pleading should be signed by the party or one of the parties or by his
pleader.(Rule 14)
(11) A party to the suit should supply his address. He should also supply address of the
opposite party.(Rule 14-A)
(12) Every pleading should be verified on affidavit by the party or by one of the parties or
by a person acquainted with the facts of the case. (Rule 15)
(13) A Court may order striking out a pleading if it is unnecessary, scandalous, frivolous,
vexatious or tends to prejudice, embarrass or delay fair trial of the suit. (Rule 16)
(14) A Court may allow amendment of pleadings. (Rule 17)
(15) Forms in Appendix A of the Code should be used wherever they are applicable. Where
they are not applicable, forms of like nature should be used. (Rule- 3)
(16) Every pleading should be divided into paragraphs, numbered consecutively. Each
allegation or averment should be stated in a separate paragraph. Dates, totals and
numbers should be written in figures as well as in words. (Rule 2(2) & 2(3)

• Amendment of Pleadings
Amendment is the formal revision or addition or alteration or modification of the pleadings.
Provisions for the amendment of pleadings are intended for promoting the ends of justice and not
for defeating them. Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deals
with provisions regarding amendment of pleadings and failure to amend after order respectively.
Rule 17 of the CPC provides that, “The Court may at any stage of the proceedings allow either
party to alter or amend his pleadings in such manner and on such terms as may be just, and all
such amendments shall be made as may be necessary for the purpose of determining the real
questions in controversy between the parties.

Proviso to the Rule 17 of Order VI of Code of Civil Procedure, 1908 as inserted by the
Code of Civil Procedure (Amendment) Act, 2002 restricts and curtails power of the Court to
allow amendment in pleadings by enacting that no application for amendment should be allowed
after the trial has commenced, unless the Court comes to the conclusion that in spite of due
diligence, the party could not have raised the matter before the commencement of trial.

• Amendment of Pleadings When Granted:

12
 Amendment of pleadings can be granted by the Court in two situations namely,

(i) where the amendment is necessary for the determination of the real question in
controversy; and
(ii) The amendment can be allowed without injustice to the other side.

• Amendment of Pleadings When Refused:

Amendment of pleadings can be refused in many circumstances. Following are the situations or
circumstances when amendment of pleadings can be refused by the Court:

(1) When the proposed amendment is unnecessary.

(2) When the proposed amendment causes an injury to the opposite party which cannot
be compensated for by costs.
(3) When the proposed amendment changes the nature of the case.
(4) When the application for amendment is not made in good faith.
(5) When there has been an excessive delay in filing the amendment application.

• Failure to Amend:
Rule 18 of Order VI of Code of Civil Procedure, 1908 deals with this issue. It provides that if
a party who has obtained an order for leave to amend does not amend accordingly within the
time limited for that purpose by the order, or if no time is thereby limited then within 14 days
from the date of the order, he shall not be permitted to amend after the expiration of such limited
time as aforesaid or of such 14 days, as the case may be, unless the time is extended by the
Court.

13
 CHAPTER-II
(B) DRAFTING OF CIVIL PLEADING

EXERCISE-1
PLAINT FILED ON BEHALF OF THE PLAINTIFF
U/ORDER-VII RULE-10 CPC
FACTS
S. Janardhana Reddy, S/o. Krishna Reddy, residing at D.No. 258,
Netaji Subhash Chand Road, Delhi, borrowed Rs. 25,000 agreeing to pay
24% on 26th Feb., 2015 from G. Srinivasa Yadav, S/o. Ramaiah at D.No.
258, Netaji Subhash Chand Road, Delhi and executed a promissory note.
The promissory note was scribed by K. Sharma, a document writer in Delhi
and attested by Ram Gopal and Krishnaswamy.

G. Srinivasa Yadav made demands for the Repayment of the loan and also
caused a lawyer notice dated 04.-1.2018 to be send to S. Janardhana Reddy.

S. Janardhana Reddy who received the notice on 27.01.2018 neither paid

the amount nor did he respond to the notice on 20 th February, 2018. G.
Srinivasa Yadav filled a suit for the recovery of the debt. (DRFAT A
PLAINT)

14
 In the Court of Junior Civil Judge,…….
Suit No. ………… / 20…….

G. Srinivasa Yadav……….. Plaintiff

Vs.

S. Janardhana Reddy…………. Defendant

Plaint filed on behalf of the plaintiff under Order-VII Rule-10 and long cause
title.
(1) Plaintiff
G. Srinivasa Yadav, S/o. Krishna Reddy, aged 45 years, residing at D.No. 258, Netaji
Subhash Chand Road, Delhi, within jurisdiction of this honourable court.

The address for services of notice etc, on the plaintiff is as stated above and come of
……….advocate, Delhi.

(2) Defendant
S. Janardhana Reddy, S/o. Krishna Reddy, 40 years, residing at D.No. 258, Netaji
Subhash Chand Road, Delhi, within jurisdiction of this honourable court.

The address for service of process etc. on the defendant as stated above.

(3) Defendant borrowed a sum of Rs. 25,000 on 26-02-2015 and is consideration there of
executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest 24%
per annum.

(4) The plaintiff made several demands on the defendant for the repayment of the debt. The
plaintiff also caused a registered lawyer’s notice dated 04-01-2018 to be sent to the defendant
did not respond.

(5) The plaintiff submits that the defendant is not an agriculturist and he is not entitled to the
benefits under any of the debt relief of law.
(6) Cause of Action: For this suit arose on 26-02-2015 at Delhi, within the jurisdiction of this
honourable court.

(7) The plaintiff values this suit for the purpose of court fee and jurisdiction of 39.000/- and
pays a court fee of ……under the Court Fee Act.

15
 (8) Particulars of Valuation

Principal borrowed 25,000

Interest 24% p.a. from 26-02-2015 to 20-02-2018 14,000
39,000
Court fee paid there on relief 1.666

Prayer

(9) It is therefore, prayed that the honourable court may be pleaded to pass a judgment and
decree against the defendant and in favour of the plaintiff.

(10) Directing the plaint defendant to pay the plaintiff the sum of Rs. 39.000 on with further
interest at the contract rate till the date of realization.

(11) Awarding the plaintiff the cost of this suit, and

(12) Passing such further or other order as the honourable court may deem fit and proper in the
circumstances of the case.

xxxx

Plaintiff

Through
Advocate

VERIFICATION
I….the Plaintiff, do hereby declare that the facts stated above are correct to my knowledge,
information and belief.
Plaintiff

List of document filed:

(1) Documents original promissory note executed by the defendant.

16
 EXERCISE-2
WRITTEN STATEMENT

Facts
‘A’ an aged widow about 80 years is the owner of immovable properties in
Ghaziabad. She has a son ‘B’, who was having a wife ‘C’. All are Indian
Christians. ‘A’ is purported to have executed an irrevocable indenture of
settlement, by which the income of all the said properties is supposed to
have been given over to ‘B’ and ‘C’. ‘C’ has filed a suit against ‘A’ & ‘B’
for carrying out the provision of the said deed of settlement. She has also
alleged in her plaint that, the income, possession and management are
denied to her. ‘A’ wants to contend in defence that the said deed was
brought about by ‘B’ & ‘C’ under influence and misrepresentations that
neither the possession nor the management was ever handed over to ‘B’ and
‘C’ and the said deed was never handed over upon, and that, she was still
the sole owner in possession and management of the properties in suit.

17
 IN THE COURT OF………………
SUIT NO. 19 OF 20..

‘C’ aged 32 years, Christian inhabitant Residing at……………

…… Plaintiff
Vs.

1) ‘A’ and
2) ‘B’ ….. …..
……Defendants
Defendant No: 1 above named states as follows:
1) Defendant No.1 admits execution of the irrevocable indenture of settlement in favour of
defendant No. 2 and the plaintiff, but pleads that she was induced to do so by the undue influence
and misrepresentations, of defendant No. 2 and the plaintiff as follows:

(a) the defendant was several times threatened with life by the plaintiff and defendant No.2
(b) On……, the plaintiff and defendant No. 2 B brought an alleged magician in this
defendant’s house and threatened this defendant that they would have black magic
performed by the magicians and thus kill this defendant. This defendant, being old,
submitted to this diction and executed the indenture of settlement accordingly.
(c) Defendant No. 2 and the plaintiff represented to defendant No. 1 that the deed was one
of the General power of Attorney, empowering the plaintiff and defendant No. 2 to
manage the property of defendant No.1.
(d) Defendant No. 2 and the plaintiff misrepresented to a D.No.1 that it was legally
necessary for defendant No.1 to executed a power of attorney and appoint ‘B’ and ‘C’ as
managers of defendant No. 1 property.

This defendant says that neither the possession nor the management of the property in suit were
handed over to the plaintiff or defendant No.2. The indenture of settlement was times never acted
upon as alleged. This, defendant therefore is still the full owner in possession and management
of the properties in suit.

The Defendant therefore prays and counter-claims-

That it may be declared that the said deed of settlement be declared null and void as against her
and that the same day by order of this honorable court be cancelled. This suit be dismissed with
cost.

Date: ‘A’
Defendant No.1
18
 VERIFICATION

I,……….defendant, to hereby declare that the facts stated above true and correct to the best of
my knowledge, information and belief.

Defendant No. 1

Advocate of defendant

\
19
 EXERCISE-3
SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

In the Court of Senior Civil Judge,…….

Suit No. ………… / 20…….

A. B. s/o B. C. 123, A B Road, Delhi …………………………… Plaintiff

Versus

M. N. s/o O. P. 456, A B Road, Delhi …………………………… Defendant

(SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT)

Sir,
The plaintiff above named most respectfully submits as under:
1. That the defendant herein had entered into an agreement for sale of plot of land bearing
no……..on……..and bound as under:

East:……..
West……..
North…….
South……..

2. That the said agreement was in writing and total sale consideration was fixed at
Rs………..lakh and an earnest money of Rs………. Was to the defendant at the time of
entering into agreement to sell.
3. That it was so agreed that the sale deed will be executed by defendant in favor of plaintiff
within one month and entire balance sale consideration, i.e. Rs……..shall be payable at
the time of execution of sale deed.
4. That the plaintiff was always willing to perform his part of the contract and the draft for a
sum of Rs…….. was ready and sale deed was also drafted and was shown to the
defendant but defendant has failed to fulfill his part of contract by signing the sale deed
and delivering peaceful possession of the premises to the plaintiff.
5. That the defendant was called upon by way of the legal notice dated……….. to come to
the office of the Sub-Registrar for signing the sale deed and getting it registered, but the

20
 defendant had failed to sign the sale deed and in office of the Sub-Registrar the defendant
avoided the same.
6. That the defendant has committed breach of contract and therefore the agreement being
in respect of immovable property requires specific performance. Hence, the suit.
7. That the cause of action for filling the suit arose on …….when the time for execution of
the sale deed expired as the time was the essence of the contract.
8. That the value of the suit for the purpose of court fees and adjudication was fixed at
Rs…….and the same has been affixed.
9. That the suit property is situated within the jurisdiction of this court. Hence this court has
got the jurisdiction to try and adjudicate the suit.
It is, therefore, prayed as under:
(i) that a decree for specific performance of the agreement may be passed in favour of
the plaintiff and against the defendant.
(ii) any other relief(s) which this court deems fit and proper may be passed in favour of
the plaintiff and against the defendant in the interest of justice.
(iii) Cost of this suit may be awarded.

Petitioner
Through
Counsel
Place:……….
Date:………..

VERIFICATION
Verified at …………on this………day of ………that the contents of para nos. …..to……are
correct to my knowledge and contents of para ……to…….are believed to be true and correct
and the last para is prayer to this court.

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

21
 EXERCISE-4
WRITTEN STATEMENT OF THE DEFENDANT
IN THE ABOVE MENTIONED SUIT
In the Court of Senior Civil Judge,…….
Suit No. ………… / 20…….
A. B. s/o B. C. 123, A B Road, Delhi …………………………… Plaintiff

Versus

M. N. s/o O. P. 456, A B Road, Delhi …………………………… Defendant

Sir,
The Defendant states as under:

1. That Para No. 1 of the plaint is admitted to the extent that there was a verbal conversation
between the plaintiff and the defendant for sale and purchase of the plot in suit, but latter the
conversation between the parties has not been materialized. Rest of the contents of this
paragraph are not admitted and denied.
2. That paragraph No. 2 of the plaint is not admitted and is categorically denied.
3. That the contents of paragraph No. 3 of the plaint are not admitted and denied.
4. That paragraph No. 4 of the plaint being false and concocted not admitted and denied.
5. That the contents of paragraph No. 4 are not admitted and denied. There was no ground
available to the plaintiff against the defendant to demand execution of sale-deed relating to
the plot in question as is alleged by the plaintiff. It is further denied that there was any
written agreement between the parties in this regards. All the allegations of the plaintiff
against the defendant are false and without substance.
6. That no cause of action accrued to the plaintiff against the defendant, and therefore, the
contents of Para 6 of the plaint are specifically denied.
7. That the defendant has nothing to say about the jurisdiction of the court, suit valuation of the
court-fee paid in the suit except that the suit is not maintainable against the defendant.
Hence, paragraphs 6, 7, 8 and 9 are not admitted and denied. There was no claim of the
plaintiff against the defendant, therefore, the prayer clause of the plaint is also denied.

Additional Pleas:

22
8. That after the oral conversation relating to the sale-purchase of the plot in suit with the
plaintiff in November,……, there was a considerable increase in the market value of the
concerned plot. The defendant orally demanded the increased cost of the house from the
plaintiff and assured that if the plaintiff pays Rs……….plus the Registry charges, then only
the required sale-deed may be executed in his name as purchaser. Since the plaintiff never
consented to this offer of the defendant, and therefore, no claim remains with the plaintiff in
this respect.
9. That the plot in suit is already sold to some other person as bonafide purchaser for
consideration paid on market rate and the said purchaser now became the absolute owner of
the house. Thus there is no subject matter subsisting in so far as the execution of sale-deed is
concerned.
10. That the suit of the plaintiff against the defendant is liable to be dismissed.

Defendant

VERFICATION

I,…..the defendant above named do hereby verify Verified that the contents of this
written statement from Paras ……are true to my personal knowledge and belief.

Verified and signed on……………

Dated……….

Defendant

23
 EXERCISE-5
PLAINT FOR THE SUIT FOR DEFAMATION

In the Court of Senior Civil Judge,…….

Suit No. ………… / 20…….

K.K. Tewari, S/o…………r/o……………….. …………..Paintiff

Versus

R.R. Mishra S/o…………r/o……………….. …………..Defendant

SUIT FOR DAMAGES FOR COMPENSATION

FOR DEFAMATION

Sir,
The plaintiff above named most respectfully submits as under:
1. That the plaintiff is a reputed person having government ration shop license in the
city…….Mohalla…………and he regularly distributing sugar, kerosene oil, rice and wheat
from the said shop to the ration-card-holders of the locality.
2. That the defendant is the publisher of a weekly newspaper, namely………..published
at……..
3. That the defendant has published an issue of the said newspaper on………in which he
maliciously published a false narrative relating to the plaintiff alleging therein that “the
ration shop belonging to the plaintiff is a fraud with public and plaintiff is a thief of
government ration; sales the goods in the market rather than distributing it to the needy poor
people holding ration card”. A copy of the said newspaper containing the false and
defamatory statement is being enclosed along with the plaint.
4. That in consequence of the above false allegation imputed by the defendant, the reputation
of the plaintiff is lowered down in the estimation of the right thinking people. The plaintiff
has been injured in his credit and honor and he suffered humiliation and mental pain due to
the defamation so caused without justification.
5. That the damages suffered by the plaintiff under his estimation is specified as under:
(Give particulars of Damages)
6. That the cause of action accrued to the plaintiff against the defendant within the jurisdiction
of this court as on ……. When the false narrative relating to the plaintiff published in the
news paper of the defendant.

24
7. That the valuation of the suit for the purposes of jurisdiction and court-fee is Rs……… on
which court-fee of Rs…..has been paid.

PRAYER
The plaintiff prays that Rs………may be awarded to him as damages for defamation
caused by the defendant; and a decree to that effect may be passed in favour of the plaintiff and
against the defendant.

Dated………..
PLAINTIFF

VERIFICATION
I…………….the plaintiff do hereby verify that the contents of this plaint from paras 1
to 5 are true and correct to best of my personal knowledge and those contents of paras 6,7 and
prayer clause are believed to be true and correct according to the legal advice received in this
regards.

Verified on ……….at……………

PLAINTIFF
Through
Advocate

25
 EXERCISE-6
WRITTEN STATEMENT
ON BEHALF OF DEFENDANT
In the Court of Civil Judge at Delhi
Suit No. 1234 / 2009.
A. B. S/o B. C.123,
M G Road, Delhi
…………….. Plaintiff

Vs.
M. N. S/o O. P.
456, M G Road, Delhi
…………….. Respondent

Written Statement of the Respondent under Order 8 Rule 1

(or Written Statement on behalf of all the Respondents)

The respondent(s) respectfully state(s) as follows : –

(1) Para no. 1 of the plaint is admitted and needs no reply.

(2) Para no. 2 of the plaint is admitted and needs no reply.
(Facts constituting cause of action)
(3) Para no. 3 of the plaint is admitted and needs no reply.
(4) Para no. 4 of the plaint is admitted and needs no reply.
(5) Para no. 5 of the plaint is denied and not admitted because the contract referred to by the
plaintiff in Para no. 3 clearly specifies that the balance amount must be paid by 10/10/2008,
failing which the agreement shall terminate and the buyer shall forfeit the initial deposit.
However, the plaintiff never made the balance payment.
…
(Jurisdiction/Optional)
(10) The market value of the plot is more than 5,00,000/- and so this court has no jurisdiction to
try this case.
(11) The plot is situated in Dewas, MP and so this court has no jurisdiction to try this case.
(12) The respondent therefore prays that the suit be dismissed with costs.

(Signature of the Respondent)

Advocate for Respondent

26
Place: ………………….
Date:…………………..

VERIFICATION
I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best
of my knowledge and personal belief and no part of it is false and nothing material has been
concealed therein. Affirmed at Indore this 4th Day of September 2014.

(Signature)
Respondent

27
 EXERCISE-7
PETITION U/SEC. 9 OF HINDU MARRIAGE ACT, 1955
FOR RESTITUTION OF CONJUGAL RIGHTS

In The Court Of Principal Judge, Family Court (Distt..), Delhi

HMA Petition No. Of 2019
IN THE MATTER OF:

X ………………s/o ….
R/o …………………………….. PETITIONER

VERSUS

Y ………………w/o ….
R/o …………………………….. RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF

THE HINDU MARRIAGE ACT, 1955 (NO. 25 OF 1955)

Sir,
It is respectfully submitted as under:
1. That a marriage was solemnized between the parties according to Hindu rites and
ceremonies on dt. ………at (Give place). The said marriage is registered with the Registrar of
marriage. A certified copy of the relevant extract from the Hindu Marriage Register……… is
filed herewith. An affidavit, duly attested declaring and affirming these facts is also attached.
Husband Wife
Status Age Place of Status Age Place of
Residence Residence
(i) Before marriage
(ii) At the time of
filling the petition.

1. That the status and place of residence of the parties to the marriage before the marriage
and at the time of filing the petition were as follows:
(Whether a party is a Hindu by religion or not is as part of his or her status).

28
2. That the (In this paragraph state the names of the children, if any, of the marriage together
with their sex, dates of birth or ages).
3. That the respondent has, without reasonable excuse, withdrawn from the society of the
petitioner with effect from………….. (The circumstances under which the respondent
withdrew from the society of the petitioner be stated).
4. That the petition is not presented in collusion with the respondent.
5. That there has not been any unnecessary or improper delay in filing the petition.
6. That there is no other legal ground why relief should not be granted.
7. That there have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties:
Serial Name of Nature of Number Name Result
Parties Proceedings with and year of and location
Section of that Act the case of court
(i)
(ii)
(iii)

8. That the marriage was solemnized at……………. The parties last resided together
at………… The parties are now residing at…………………
(Within the local limit of the ordinary original jurisdiction of this Court.)
9. That the petitioner submits that this Hon’ble Court has jurisdiction to try and entertain this
petition

PRAYER
In view of the above facts and circumstances, it is, therefore, most respectfully and
humbly prayed that this Hon’ble Court may be pleased to grant a decree of restitution of
conjugal rights under Section 9 of HMA in favor of petitioner.

Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and
equity.

PETITIONER
Through

Place: ……. ADVOCATE

Dated :…….

29
VERIFICATION
The above named petitioner states on solemn affirmation that paras 1 to …………..of the
petition are true to the petitioner’s knowledge and paras……………….to………………. are
true to the petitioner’s information received and believed to be true by him/her. Verified
at………………………………(Place) Dated………………….

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

30
 EXERCISE-8
DRAFT AFFIDAVIT
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI
SUIT NO ……………. OF 20..

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

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

VERSUS

M/s XYZ Ltd.

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

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

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

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

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

DEPONENT
31
 EXERCISE-9
PETITION FOR MAINTENANCE UNDER SECTION 18
OF THE HINDU ADOPTIONS AND MAINTENANCE ACT,
1956

IN THE COURT OF DISTRICT JUDGE,…………………..

Petition No……..
In Re:
Smt………… Petitioner
(Full name and address)

Versus
Shri……………. Respondent
(Full name and address)

PETITION FOR MAINTENANCE UNDER SECTION 18 OF THE HINDU

ADOPTIONS AND MAINTENANCE ACT, 1956

Sir,
The petitioner above named most respectfully submits as under:

1. That the petitioner is wife of the respondent and their marriage was solemnized
on………according to Hindu rites and ceremonies at……….
2. That in the marriage the parents of the petitioner gave enough dowry to the petitioner and
solemnized the marriage with great pomp and show beyond their financial capacity.
3. That immediately after marriage the petitioner realized that the respondent is a man of
loose character and was fond of going with girl friends and did not care at all for the
petitioner.
4. That the petitioner continued to live with the respondent as a Hindu wife and two
children, namely,…….., son born on………and………., daughter born on ………out of
the wedlock who are in care and custody of the petitioner.
5. That the respondent as well as his parents perpetrated cruelty on the petitioner for
demand of dowry which was intolerable and therefore, the petitioner was forced to leave
the matrimonial home on…………
6. That after leaving the matrimonial home, the respondent has failed to maintain the
petitioner and the minor children and has not made any arrangement for the maintenance
of the petitioner as well as the minor children.

32
 7. That thereafter the respondent and his parents called upon the petitioner and her mother
to meet their illegal demand of dowry and on the refusal of the mother of the petitioner,
the respondent has not taken the petitioner to the matrimonial home and she is dependent
upon her mother who in law is not bound to maintain her.
8. That the respondent and his parents have no account of demand of dowry have caused
both physical and mental torture to the petitioner and has made her life miserable.
9. That the respondent has failed to maintain the petitioner, therefore, the petitioner is left
with no other alternative but to file the instant petition for maintenance under the Hindu
Adoption and Maintenance Act, 1956.
10. That the income of the respondent is more than Rs. 50,000 per month as the respondent is
engaged in business of export of readymade garments and earns huge profits thereof.
11. That the petitioner has no source of income and has no assets, movable or immovable and
is fully dependent upon the respondent for maintenance.
12. That under the circumstances, it is in the interest of justice that the respondent is directed
to pay at least Rs. 3,000 per month to towards maintenance of the petitioner and the
minor children.
13. That the cause of action for filling the petition arose on…….. when the petitioner was
turned out of the matrimonial home and the cause of action is daily arising as the
respondent has failed to make any arrangement for the maintenance of the petitioner.
14. That the value of the petition for the purposes of the court fees and jurisdiction has been
fixed at Rs. 3,60,000 being maintenance for 10years as per the Court Fees Act, 1870 and
as sum of Rs……….has been affixed as court fees thereon.
15. That cause of action has arisen at………, parties to the petition reside at,…….and as such
the ……..court has the jurisdiction to try and adjudicate upon the petition.

The petitioner prays for the following relief(s):

(i) That the respondent may be directed to pay a sum of Rs. 3,000 per month to the
petitioner as maintenance of the petitioner and minor children.
(ii) Any other relief(s) which this court may deem fit and proper under the
circumstances of the case may be passed in favour of the petitioner and against
the respondent.
(iii) Cost of the petition may be awarded.

PLACE…….. Petitioner
Date:….. Through

Counsel

33
VERIFICATION

Verified at ……….on this…….day of ……that the contents of paras 1 to 12 are correct to my

own knowledge and contents of paras 13 to 15 are correct as per information received and
believed to be correct.
The last para contains prayer to this court.

Petitioner

34
 EXERCISE-10
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF
PREROGATIVE WRIT OF MANDAMUS.
IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. ________OF 2016

IN THE MATTER OF:

X _________ S/o _________R/o ___________ PETITIONER

VERSUS
Municipal Corporation of Delhi,
Through Its Commissioner … RESPONDENT

WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA

FOR ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS

Respectfully showeth:

1. That the petitioner is a citizen of India residing at_______. The respondent is Municipal
Corporation of Delhi having their office at Town Hall, Chandni Chowk, Delhi.

BRIEF FACTS :-

2. That the petitioner is aggrieved by the illegal appointments of daily wage workers by the
M.C.D. office in defiance of Notification No. MCD/LF/01-103 dated 1.2.2014 which
requires the M.C.D. to appoint only that person as Daily wage worker who are below the
age of 30 years as on 01.10.2014. The said Notification was issued after it was duly
approved.

3. That the petitioner is of 27 yrs of age and was working as a daily wage worker, when on
1.12.2014 his services were terminated without notice/prior intimation. The Petitioner
during his service worked to the satisfaction of his superiors. The respondent has
appointed Sh. Ompal, Sh. Ram and Smt. Maya in defiance of the said notification
M.C.D./LF/01-/03 at 01.02.2014 as all the three persons namely Om Pal, Sh. Ram and
Smt. Maya are more than 30 years of age as on 01.10.2014. The about named persons
were appointed in utter disregard of Notification. The respondent, however, removed the
35
 petitioner from service although petitioner met the requirements. That the Petitioner made
representation to the respondent vide letter dated 1.12.2014, 2.1.2015 and also met the
commissioner personally and apprised them of his grievance, however nothing
materialized.
4. That in spite of oral and written representations the respondent have not cared to act and
are maintaining stoic silence on the whole issue.

5. That the petitioner has thus approached the Hon’ble Court on amongst others the
following grounds

GROUNDS:
(a) Because the action of the respondent is contrary to law and good conscience.
(b) Because the action of the respondent is arbitrary, unreasonable, irrational and
unconstitutional.
(c) Because respondent have no right to play with the career of the petitioner.
(d) Because the petitioner was removed from job in spite of the fact that he was
below age and fulfilled all requirements.
(e) Because respondent appointed. Sh. Ompal, Sh. Ram and Smt. Maya despite their
being overage and not meeting requirements of Notification No. MCD/LF/01-103
dated 1.2.2014.
(f) Because the action of the respondent is bad in law
(g) That the Petitioner craves, leave of this Honorable Court to add, amend, alter the
grounds raised in this petition.

6. That the cause of action in present case arose on 1.2.2014 when the respondent brought
out the Notification No. MCD/LF/01-103 dated 1.2.2014., it further arise when on
1.12.2014 the petitioner was removed from job in spite of the fact that he was below age
and fulfilled all requirements, it further arose when respondent appointed. Sh. Ompal, Sh.
Ram and Smt. Maya despite their being overage and not meeting requirements of
Notification No. MCD/LF/01-103 dated 1.2.2014, it further arose when representations
were made to respondent orally and in writing on 1.12.2014, and 2.1.2015. The cause of
action further arose when respondent did not act in spite of the fact having brought to
their notice. The cause of action is continuing one.

7. That the Petitioner has no other alternative efficacious remedy except to approach this
Hon’ble Court by way of this writ petition.

8. That the petitioner has not filed any other similar writ petition either before this Hon’ble
Court or before the Supreme Court of India.

9. That there has been no undue delay in filing of this petition.

10. That the honorable court has territorial jurisdiction to entertain the writ petition.
36
11. That the requisite court fee of Rs. 50/- has been affixed on this petition.

PRAYER:
The petitioner most humbly prays that this Hon’ble Court may be pleased to:-

(a) issue appropriate writ in the nature of mandamus or any other appropriate writ directing
the Respondents to cancel the illegal appointment made in disregard of Notification No.
MCD/LF/01-103 dated 1. 2.2003: and
(b) issue necessary directions to appointment of petitioner and
(c) issue any other further order/orders or direction/directions as this Hon’ble Court may
deem fit and appropriate of the facts and the circumstances of this case.

FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER

PRAY.

Delhi PETITIONER
Date________________ THROUGH ADVOCATE

[NOTE: The petition will be supported by an affidavit]

37
 CHAPTER-III
(B) DRAFTING OF CRIMINAL PLEADING
Pleadings under Criminal Law
Although there are no rules prescribed under the Criminal Procedure Code, 1973 (Cr. P.C.) for
pleadings as mentioned under the C.P.C., yet pleadings have assumed importance under the
criminal law. The accused as well as the prosecution/complainant are sometimes required to file
various applications in the court. Moreover, under the various provisions of the Cr P.C.,
applications and complaints are filed directly in the court by the litigants, like application
u/section 125, Cr.P.C. for maintenance, application for bail in non-bailable offence, direct
complaint to the Magistrate in respect of any offence committed by the accused for seeking
investigations by the police, complaint under summons cases and various complaints under the
specific laws. Pleadings play a necessary role in these and a person drafting the same has to
ensure that the complaint should speak for itself and may not call for further arguments in
understanding the same. In this manner pleadings assume importance in criminal law as well,
although there is no statutory requirement for the same as in civil law.

38
 EXERCISE-1
APPLICATION UNDER SECTION 438, CODE OF
CRIMINAL PROCEDURE, 1973
IN THE COURT OF SESSION JUDGE,……..
FIR No…….
U/Sections: 498-A, 406, IPC
Police Station……………..

InRe:
State of…… Versus ……………..& ors.

APPLICATION FOR GRANT OF ANTICIPATORY BAIL

U/SECTION 438, CODE OF CRIMINAL PROCEDURE, 1973 ON
BEHALF OF………….(NAME OF APPLICANT)

Sir,
The applicant respectfully submits as under:

1. That the FIR No……….stands registered at the police station………against the

applicant, his mother Smt……….., his father Shri……….., brother Shri………..,
Sister-in-law Smt………and Sister kum……….
2. That the said FIR has been got registered by the wife of the applicant alleging false facts
of harassment and cruelty for demand of dowry and misappropriation of dowry
articles/stridhan and all the family members have falsely been roped in, in the complaint.
3. That the said FIR is false in the face of it as the marriage of the applicant took place
on…….at……..as per Hindu rites and ceremonies, but no dowry articles were given by
the parents of the wife of the applicant as it was a love marriage and marriage was
solemnized in Arya Samaj temple without any pomp and show and no gifts etc. were
given to the applicant or his relatives as alleged by the complainant in her FIR.
4. That after the marriage, the applicant along with his wife lived at the matrimonial home
for about one month and thereafter they both went abroad as the applicant was in
employment abroad and had recently returned back from there and at no point of time
any dowry demand was made by the applicant or on his behalf by anybody else.

39
 5. That even prima facie the complaint makes out no case under section 498-A or 406, IPC,
and all the allegations leveled by the complainant against the applicant and his parents
and brother and sister-in-law are extraneous to Ss. 498-A and 406, IPC.
6. That the allegations leveled by the complainant are vague, general and unspecific and
there are no allegations that any of the dowry articles of the complainant were ever
entrusted to the applicant or his parents.
7. That brother and the sister-in-law of the applicant were never living with the applicant or
with the complainant and are living separately and they have been roped in by
complainant for ulterior motive.
8. That the complainant has failed to bring out any cogent and overwhelming grounds
giving rise to an offence under Ss. 498-A/406, IPC.
9. That as the applicant apprehending arrest at the hands of the police of the police
station……..it is in the interest of justice that the applicant is admitted to anticipatory bail
and directions are issued to the police to release him on bail in the event of his arrest.
10.That the applicant undertakes to abide by any of the conditions imposed by this court for
admitting the applicant to anticipatory bail.

It is therefore, prayed that it is in the interest of justice that the applicant is admitted to
anticipatory bail and directions are issued to the police officials of the police station…….. that in
the event of arrest of the applicant, he is released on bail.

Applicant
Through

Counsel
Place:……..
Date:………

40
 EXERCISE-2
AFFIDAVIT
IN THE COURT OF SESSION JUDGE,……..
FIR No…….
U/Sections: 498-A, 406, IPC
Police Station……………..

InRe:
State of…… Versus ……………..& ors.

Affidavit of Shri…………S/o……………….R/o…………………….

The deponent does hereby solemnly affirm and declare as under:

1. That the accompanying application for anticipatory bail under/Sec. 438, Cr.P.C. has been
drafted by my counsel as per my instructions and statements of facts made therein is
correct to my knowledge and statement of law made therein is correct as per information
received and believed to be correct.

Deponent

VERIFICATION
Verified at………on this day of……….that the contents of above affidavit are true to my
knowledge and nothing material has been concealed therefrom.

Deponent

41
 EXERCISE-3
CRIMINAL COMPLAINT
U/S. 494 R/W. S. 34 OF IPC

IN THE COURT OF THE JUDICIAL MAGISTRATE, IST CLASS……..

Criminal Complaint No……./20-
U/Sections: 494, R/W S. 34, IPC

Smt._______________________) Complainant

-Vs.

1. ________________________)

2. _________________________) Accused

3. _________________________)

A Complaint U/S. 494 R/W. S. 34 Of IPC

The Complainant above named submits this complaint, praying to state as follows:

1. That the complainant is the legally wedded wife of the accused No. 1, while the accused
No. 2 is the mother and the accused No. 3 is the second wife of the accused No. 1.

2. That the complainant was married to the accused No. 1 at……….on…….according to the
Hindu religion, vaidic rites and ceremonies.

3. That before the marriage, the complainant was known by her maiden name as Tanu Devi,
and likewise, the accused No.3, before this second marriage, was also known by her
maiden name as Satinder.

4. That after the marriage, the complainant and the accused No. 1 cohabited together for about
three years. However, during the existence of their marriage, this complainant could not
beget a child, and hence, on that account, the accused Nos. 1 and 2 were nervous and
unnecessary offended for no fault on the part of this complainant.

42
5. That this complainant submits that last year, in the month of June, the accused No. 1told
this complainant that she should better go to her parents’, at least, for a few days for a
medical check-up, and under that pretext, she was sent to stay with her parents.

6. That, thereafter, the complainant did not either come to take back for cohabitation, nor
allow her to do so, and thus, the accused No. 1 has deserted the complainant.

7. That this complainant learnt from very reliable sources that the accused No. 1 is going to
contract marriage on ……… with the accused No. 3 at the remote place near………, and
the ceremony was fixed to be carried out in a bunglow of one, Shri….

8. That accordingly, the complainant lodged a report with the………….Police Station,

requesting them to help the complainant, and the police did try to do so, but they could not
register the offence committed by the accused for the reason that the venue of the marriage
was changed.
9. That, however, the complainant could know the changed venue, and she collected all the
details with a view to registering the said offence.

10. That the complainant states and submits that the said second marriage between the accused
No. 1 and 3 was celebrated in the Shiv Mandir, one km away from…….., which took place
on……at 6:00 pm, and about 20 people were present for the said marriage.

11. That while celebrating the said marriage between the accused No. 1 and 3, all the religious
ceremonies and rites were performed.
12. That the cause of action for this complaint first arose on………., and hence, this
complaint filed today is well within jurisdiction.

13. That the offence has been committed within the local limits of this Court, and hence, this
Hon’ble Court has jurisdiction to try and decide this complaint.

14. That the necessary court-fee is paid herewith.

15. That the complainant, therefore, prays that the accused be kindly charged with and tried for
the offence punishable u/s. 494 R/W. Sec. 34 of the Indian Penal Code and punished
according to law.

Sd./-
COMPLAINANT

Sd./-
ADVOCATE

VERIFICATION
43
 I,…………………, the present complainant, do hereby state on solemn
affirmation that the contents of this complaint in paras 1 to 15 are true and correct to the best of
my knowledge and belief, and so I have signed there under.

Sd./-
COMPLAINANT

44
 EXERCISE-4
COMPLAINT UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE

(DISTRICT __________),
Criminal Complaint No. ________ Of 2018

X ________________ S/o _____________ … …….. COMPLAINANT

VERSUS

Y _________________ S/o ________________ ………. ACCUSED

JURISDICTION: P. S. _____________

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881

The Complainant Above Named Most Respectfully Showeth :-

1. That the Complainant is the owner and landlord of flat bearing No. _______, New Delhi.

2. That the accused is a tenant under the Complainant in respect of flat bearing No. _______
New Delhi, comprising of two bed-rooms, drawing-cum-dining room, study room, kitchen-room,
two bathrooms-cum-toilets and a terrace at a monthly rent of Rs. 2500/- for residential purposes
w.e.f. __________.True copy of the Lease-deed dated__________ is annexed hereto as
Annexure – ‘A’.

3. That on _______ the accused handed over cheque bearing Nos. ________ dated
________for Rs. _____ drawn on _________ Bank, New Delhi to the complainant towards rent
of the said premises for the months of September, October and November, 2015 the said original
cheque is annexed hereto as Annexure – ‘B’.

4. That the Complainant deposited the said cheque in his account with the S____ Bank of
India, New Delhi on ______- but the same was dishonored on presentation with the remarks

45
‘REFER TO DRAWER’. The original returning memos dated ________ in respect of the said
cheque is annexed hereto as Annexure – ‘C’.

5. That vide letter dated 17th December, 2016, the Complainant called upon the accused to
make the payment of the amount covered by the dishonored cheque. The said letter was sent to
the accused by Regd. A.D. as well as U.P.C. However, the accused failed to make the payment
of the Amount in question to the Complainant.
6. That the cheque in question were returned unpaid because the amount standing to the
credit in the Accused’s account was insufficient to honour the cheque in question and as such the
Accused is liable to be prosecuted an punished under Section 138 of the Negotiable
Instruments Act, 1881 as amended up to-date.

7. That the Complainant has complied with all the requirements of Section 138 of the
Negotiable Instruments Act, 1881 as amended up to-date namely the cheque in question were
presented on ______ i.e. within the period of its validity, the demand for payment was made to
the Accused on 17th December 2016 i.e. within fifteen days of the date or receipt of information
regarding the dishonoring of the cheque. True copy of the said demand dated 17th December
2016 is annexed hereto as Annexure – ‘D’. The postal receipt and the U.P.C. thereof are
annexed hereto as Annexure-E collectively. The accused failed to make the payment within
fifteen days of the said notice and as such the Complainant has approached this Hon’ble court
within one month of the date of the cause of action. The Complaint is therefore within time.

8. That the Hon’ble Court has jurisdiction to entertain and try the present complaint because
the offence is committed within the jurisdiction of this Hon’ble Court. The dishonored cheque
was drawn on ______Bank, Delhi the same was deposited by the Complainant in S _____ Bank,
New Delhi and the intimation regarding the dishonour of the said cheque was also given by the
said banks, and as such the offence has been committed within the jurisdiction of this Hon’ble
Court.

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

Place: New Delhi

COMPLAINANT
Date: ………..
THROUGH
ADVOCATE

Note: List of witnesses to be mentioned at the end of the complaint or separately after
writing short title of the complaint case –
46
1. Complainant;
2. Banker(s) of the complainant with record of the cheque.
3. Banker(s) of the accused with record of the cheque
4. Any other witness, if needed, as per the facts of the case.

COMPLAINANT

47
 PART-II
LAW OF CONVEYANCING

CHAPTER-IV
MEANING AND COMPONENTS
OF CONVEYANCING

Conveyancing has been practiced as a fine art in England by a class of trained lawyers who have
specialized as conveyancers after an intensive study of the law relating to contracts and real
property. Though the term Conveyancing used by most of the England lawyers for drafting the
documents of their clients but as the years rolled by Conveyancing got its own importance even
in India too. In modern India Draftsman plays an important role while drafting any legal
documents or deeds and he can do so if he is high qualified of law so draftsman must keep in
mind all the legal principles before preparing any legal documents or deeds.

The word ‘CONVEYANCING’ means land transfer inter vivos i.e., between two living persons.
Conveyancing is an art of drafting deeds and legal documents whereby any right, title or interest
in tangible immovable property is transferred from one person to another. Conveyancing is not
just an ordinary art but it is thoroughly based on legal knowledge and principles evolved over
years. The term ‘Conveyancing’ is restricted to deeds and documents concerned with the transfer
of property whereas drafting carries a general meaning that of preparing any legal document or
deeds or any other business oriented documents.

The term ‘Conveyance’ is used when there is transfer of ownership or legal title in a property
from one person to another. Hence, a conveyance deed is a legal document between a transferor
and a transferee, which proves that a title or ownership in the property along with all other rights
related to the property have been transferred from one person to another.

It informs that the property is free from any restrictions and disputes. Both parties sign it and it
can be produced in a court if any dispute relating to the agreement arises in future.
Deed, Conveyance and Deed of Conveyance

Deed, Conveyance and Deed of Conveyance:

The term ‘Deed’, ‘Conveyance’ and ‘Deed of Conveyance’ or ‘Conveyancing’ are frequently
used interchangeably to denote one and the same legal concept, and each is being commonly
understood to mean an instrument in writing whereby the grantor conveys to the grantee some
right, title or interest in or upon some real property . Thus, by the aforesaid expressions, we mean
48
each of them as document, indenture or instrument in writing. So, the terms, ‘conveyance’,
‘conveyancing’, ‘deed of conveyance’ or ‘conveyancing’, ‘deed’, ‘document’, ‘indenture’
and ‘instrument’ are interchangeable for the purpose of drafting of documents.

Object and Function of Conveyancing:

Movable property may be physically given and taken by actual delivery, while this is not
possible in case of property in case of immovable properties. Thus, conveyancing is that branch
of the law of transfer of property which deals with the mode and form of transfer to which both-
the transferor and the transferee have agreed upon. Its main object is to enable the owners of real
property to make voluntary transfers of their right, title and interest therein for some specific
purpose and for a specified period. Such transfers are not otherwise possible than by
conveyancing.
It incorporates the expressions of the intention of the parties to the deed of conveyance so
that accordingly it shall take effect. In case of any doubt, dispute, ambiguity and susceptibility,
the real intention of the parties may be discovered from the words, phrases and the expression
used in the deed. A transferor may have passed the property intending to pass; but if he has not
expressed himself in suitable words of the language, the deed may be defective or susceptible of
two or more constructions; and so the benefits of the transfer may be lost to the transferee.
Secondly, where any adverse claimant interposes before the transferee, may get actual legal
possession of the transferred property, it may be quite possible that the transferor with all his
willingness may not be able to help the transferee.
It helps the Court and judicial tribunals to determine any dispute if subsequently arises
between the parties to the deed. It serves the purpose of both- the transferor and the transferee in
protecting their interests. It protects the interests of the transferee from any precedent and /or
subsequent acts or omissions of the transferor or any other person claiming through or under him
against the expressed intention of the grant and the covenant of the deed; and likewise, the
interest of the transferor is also protected from any subsequent acts or omissions of the
transferee. It is a document of title to the property and forms the basis of a record of rights
maintained by the Government. It is, also, a documentary piece of evidence.

COMPONENTS OF DEEDS

Drafting of a deed involves the law by which parties are governed, effect of the transaction and
certainty and clarity by using appropriate words and expressions. An ordinary deed of transfer
may conveniently be divided into the following parts:

Description of the deed; Date; Parties; Recitals; Testatum; Consideration; Receipt;

Operative words; Parcels; Exception and Reservations (if any); Habendum; Covenants (if
any); Testimonium. The part of the deed which precedes the habendum is termed “the
premises”. Each of these parts will now be separately considered.

49
 CHAPTER-V
DRAFTING OF DEEDS

GIFT DEED
FACTS
Rakesh intends to denote all his estate comprising land and buildings to his
daughter Rekha in consideration of the natural love and affection he has for
her.
DRAFT A GIFT DEED
This deed of Gift made on the 30th day of November: two thousand Fifteen (30.11.2015).
This deed of Gift executed by Sri Rakesh, S/o. Ramesh Krishna, Hindu, aged about 70 years,
Rtd., residing at D-13/45 Road, No. 20, Indore (Madhya Pradesh) (here in after called Donor)
includes his heirs executors administrators) on ONE PART in favour of his only daughter by
name Rekha, N/o. Akash, Hindu aged about 32 years, House wife residing at D-31/73, ….Street,
Indore (here in after called as a Donee) of other part.

WHERE as the Donar is a old man, having only one daughter Rekha and no male issues and
the done and her husband are looking after him at this old age intend to gift the house No. 31/73,
….Street, Indore, out of love and affections and others good causes as consideration.

Whereas the donor is the absolute owner of the house bearing D.No. D-13/45 Road, No. 20,
Indore (Madhya Pradesh) at present market value of Rs.7,00,000/- with measurement of total
2,500 per feet i.e. east to west go feet and North to South 60 feet with the boundaries mentioned
in the Schedule grants the said building by way of gift to Donee forever and the Donee here in
shall enjoy the property with absolute rights as the owner collect rents and pay electric bill,
house tax, water tax and other dues to the government here in as absolute owner without any
interruption from the donor or any other perform.

IN WITNESSETH THERE OF THE DONOR has set his hand in the presence of witnesses
on this the 30th day of November two thousand in 2015 at Indore (Madhya Pradesh).

SCHEDULE
Indore District, Indore City, Indore Corporation, D-13/45 Road, No. 20 with the following
boundaries.

50
 East : House of the donor D-13/45 Road, No. 20

West : House of Branch Manager

North : House of Major Ram Kumar

South : Main Road

With doors, door, frances, electricity, connections with meter, bore well will ½ H.P. Jet
Pump. 1 Mango 2 guava, coconut trees etc.

WITNESSES:
(1) XXXXX (Suresh Kaushal)

(2) XXXXX (Jitendra Singh)

XXXXX
Donor

51
 LEASE DEED
FACTS
Smt. Sudarshan Kaur intends a lease out the basement portion of the
building to M/s. Dave Thomson Associates (India) Pvt. Ltd. at a monthly
rent of Rs. 4000/- for a period on the termination of tenancy.

DRAFT A LEASE DEED

THIS LEASE DEED is made and executed at Delhi on ……… (Date)

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

WHEREAS the Lessor has represented to the Lessee that she is the owner/landlady of the
Basement portion of the construction at M-170, Greater Kailash-II, New Delhi admeasuring 760
Sq. ft. approximate covered area in the said premises and is desirous of letting out the same,
hereinafter referred to as the demised premises.

AND WHEREAS the Lessee has offered to take the demised premises on Lease and the Lessor
has agreed to let out the same on the terms and conditions hereinafter specified.

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That the Lessor hereby conveys to the Lessee the basement portion of the said premises
admeasuring 760 Sq. ft. Approx for a period of 24 months with effect from 1st Sept. 20…
at a monthly, rent of Rs. 4000/- (Rs. Four thousand only) exclusive of Electricity, water
charges, actual bills/ rental charges of Telephone/Fax whenever installed in the demises
premises.

2. That the Lease will be for an initial period of 24 months with effect from 1st Sept. 20…, in
case the Lease is reminded at the option of the Lessor and with an enhances increase of
10% of rent payable per annum immediately after expire of every 12 months period. The
52
 duration of Lease period 24 months is the essence of this agreement with the provision that
both, the Lessor and the Lessee have the right to either terminate the Lease even before the
expiry of the Lease period, by giving 3 months written notice. The Lease is therefore for a
fixed period of 24 months w.e.f. 1st Sept. 20… ending on 31st Aug. 20… thereafter the
Lessor shall have the option to renew the Lease for a further period of 2 years at the terms
and conditions as laid out by the Lessor.

3. That on the date of execution of this Lease Deed the Lessee had paid a sum of Rs. 36000/-
(Rs. Thirty Six Thousand only) vide pay order No._______dated_________drawn
on……….as security deposit which will be kept by the Lessor for the due performance of
the terms and conditions of this Lease, free of interest. On termination of the Lease, the
Lessor shall refund the security deposit/unadjusted Advance rent, if any. In case the Lessor
fails to refund the security Deposit/balance advance rent, the Lessee shall be entitled to
charge interest 21% P.A. from the date of termination of Lease till the date of refund.
Additionally, the Lessee shall be entitled to hold possession of the property till the refund
of security deposit/unadjusted advance rent along with interest, if any is made without
payment of rent/Lease money. This will be applicable only on production of documentary
proof by the Lessee to the Lessor that all dues pertaining to electricity and any other
charges payable by the Lessee have been cleared up to date.

4. The Lessee covenants with Lessor as under:

i) That the Lessee agrees to pay a monthly rent of Rs. 4000/- (Rs. Four thousand only)
mentioned above on or before 7th day of every month.
ii) The Lessee agree to carry out minor repairs or replacement of broken parts in electrical
and sanitary installations and glasses himself, but major repairs pertaining to the structure
of the house will have to be done by the Lessor, as and when considered necessary by
him. However, the Lessee shall handover the vacant physical possession to the Lessor on
termination of this Lease in the same conditions as it has been handed over to him on
1-9-20...
iii) That the Lease is for a period of 24 months only commencing from 1-9-20... The Lessee
shall give vacant possession of the premises to the Lessor after the expiry of the Lease
period.
iv) That the Lessee shall duly comply with all the local rules and regulations of local
authorities with regard to the use of the premises.
v) That the Lessee shall pay the electricity charges in accordance with the bills at rates
determined by DESU and accordance with bills/demands received from DESU, NDMC
including meter rents etc. The meter readings on the date of possession will be duly
recorded.
vi) That the demised premises have been let out to the Lessee for authorized use only.
vii) That the Lessee shall permit the Lessor or his duly authorized agents during reasonable
hours in the day time to enter upon the demised premises for inspection of the Lessor’s
fixtures and fittings therein, and the premises as may be deemed fit by the Lessor.

53
 viii) That the Lessee at the expiry of this Lease shall deliver peaceful and vacant possession of
the demised premises to the Lessor together with the fittings and fixtures installed in
good condition as the same are at present, reasonable wear and tear and damage by fire,
earthquake, civil commotion, act of God excepted including lightening to fittings etc. but
excluding telephones, fax computers and air conditioners. No fixtures, wood work etc.
carried by the Lessee shall be removed/damaged at the time of handing over vacant
possession of the demised premises.
ix) That the Lessee shall not make any alteration of permanent nature within the premises as
well as in the open space, without the written consent of the Lessor.
x) That the Lessor shall not interfere with the peaceful enjoyment of the property by the
Lessee whether directly or indirectly.
xi) That the Lessee shall keep the premises in good tenantable condition and shall not cause
any loss/ damage to it, subject to normal wear and tear of the premises.
The Lessee shall observe and perform at all time during the continuance of the terms
hereby created all the terms and conditions herein as contained.
xii) That the Lessee shall in the event of unfortunate and unseen demise or incapacitation of
Lessor will for all purposes treat Mr. Paramjit Singh, Husband of Lessor as the rightful
receipt of rents or any other dues payable by the Lessee as per the terms set forth above in
this deed without any let or hindrances. The said Mr. Paramjit Singh will have the full
authority to enforce any or all provisions contained in this agreement. He shall by my
sole beneficiary and executor.
xiii) That the Lessee will not park any motor car or any other vehicle in this outer drive way
of the premises at any time both inside and outside the main gate.

5. That the Lessor hereby covenants with Lessee as follow:-

i) That the Lessor has good right and full power and absolute authority to Lease the
demised premises to the Lessee in manner herein contained.
ii) To observe and perform t all times during the continuance of their terms hereby created,
all the terms and conditions contained in the Lease by virtue of which the Lessor is
holding the said premises and to keep the Lessee indemnified against any breach or
consequences thereof.
iii) To pay discharge all rates and taxes whether Municipal or otherwise and to her
assessments and outgoing which pare payable in respect of Lessor failing to pay any such
amount when the same shall fall due for payment, the Lessee shall be entitled to pay the
same on behalf of the Lessor and to deduct the amount so paid from the rent payable by
the Lessee to the Lessor hereunder.
iv) To comply with, at his own cost, all requirements and regulations of the Municipals or
other lawful authority concerning the demised premises to the observed by the
owner/landlady.
v) That the Lessee paying the Lease money hereby reserved and performing the several
covenants conditions and agreements herein contained and on its part to be observed and
performed, the Lessee shall peaceably hold and enjoy the demised premises together with
the Lessor fixtures and fittings therein during the said terms without any interruption or
54
 disturbance from or by the Lessor or any person claiming through under or in trust for the
Lessor.

6. It is hereby mutually agreed and declared by the parties hereto as follows:-

i) In the event of the demised premises or any part thereof being destroyed or damaged by
fire, earth quake, flood war air raid civil commotion, riots or other act of God or irritable
force during the period of the Lease, this Lease shall at the option of the Lessee be
terminated. And in the event of the Lessee being desirous of any part thereof as the case
may be so as to enable the Lessor to repair the damage or reinstate the same and the rents
hereby reserved shall remain suspended till the demised premises or any part thereof as
the case may be reinstated or restored to its former state and possession if delivered over
to the Lessee for the remaining part of this Lease, if any.
ii) That in the event of any dispute or difference arising out of this agreement, the matter
will be referred to the Arbitrator approved by common consent of both the parties and his
decision will be binding on both parties.
iii) That the parties to the agreement have specifically agreed that considering the location,
accommodation, and condition of the said property, the Lease rent is fair rent and in
consonance with the property, market rates.
iv) That the terms and conditions of this agreement as stated above shall be binding on both
the parties.
v) If the rents or other amounts due under the Lease deed or any part thereof shall remain
unpaid for more than one month and if any covenant on the Lessee’s part herein
contained shall not be performed or observed by the Lessee and shall continue to do so
for the period of 30 days after written notice by the Lessor thereof to the Lessee then and
in any of the said cases it shall be lawful for the Lessor to renter the demised premises or
upon any part thereof in the name of the whole and the Lease shall thereupon be
terminated, but without prejudice to any claim or action or remedy which either of the
parties may have against the other as on that date in respect of any branch,
non-performance or non-observance of the covenants or conditions herein contained.
vi) The Lease shall automatically come to an and determined on the expiry of the Lease
period. Hence peaceful and vacant possession of the demised premises will be deemed to
have been handed over by the Lessee to the Lessor.
vii) The cost of preparation of the original Lease and duplicate thereof and stamps and
registration fee and in connection with the same shall be borne and paid by the Lessee.
The Lessor shall retain the original of the Lease deed and the Lessee the duplicate
thereof.

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

LESSOR

LESSEE

55
WITNESSES:

(1)……………

(2)……………

56
 DEED OF DISSOLUTION OF
PARTNERSHIP FIRM
THIS DEED OF DISSOLUTION is executed at Delhi on this 31st days of January, 2018
BETWEEN
A son of ________ resident of ____________, hereinafter called “THE FIRST PARTY”,
which expression shall, unless repugnant to the context or meaning hereof, mean and include his
heirs, successors, executors and legal representatives.
AND
B son of ________ resident of ____________, hereinafter called “THE SECOND PARTY”,
which expression shall, unless repugnant to the context or meaning hereof, mean and include his
heirs, successors, executors and legal representatives.

WHEREAS the parties have been carrying on business in partnership under the name and style
of ‘M/s ABC’, from premises bearing No. E-1 Ram Nagar, Delhi, on the basis of a partnership
deed executed between them on 20th March, 2015;

AND WHEREAS it has been mutually decided by the parties hereto to dissolve this partnership
and to reduce the terms of this dissolution into writing;

NOW, THEREFORE, THIS DOCUMENT WITNESSES AS UNDER:

1. That the partnership constituted by the parties hereto vide the partnership deed dated
20.3.2015 on the basis of which business under the name and style of ‘M/s. ABC’ was
carried at premises No. E-1 Ram Nagar, Delhi has been dissolved with effect from today
i.e. 31.1.2018.
2. That all the accounts of the partnership have been agreed and understood by the parties
and all trading results, profits and losses and personal debit and credit entries and
balances, have been checked and accepted by them as per the account books.
3. That all records, account books, etc. of the dissolved partnership have been delivered to
the First Party hereto, who shall be responsible to notify all concerned authorities about
the fact of this dissolution and shall also be responsible to get the assessments, if any
pending, completed.
4. That the First Party shall produce the account books of the partnership, whenever
reasonably required by the Second Party, either before the assessment authorities or
before any other authority.
5. That the partners shall be liable for their individual taxes. However, any taxes or
payments raise against the dissolved partnership, shall be met by the individual parties,
in accordance with his ratio of profits and losses in terms of the partnership deed.
6. That none of the parties shall be liable for any liability raised by the other in the name of
the erstwhile partnership firm.

57
 7. Without prejudice to any rights and remedies herein contained, each of the parties hereto
hereby releases and discharges the other from all actions, proceedings, claims and
demands on account of the said partnership.
8. That it is mutually agreed if any dispute arises between the parties in relation to present
Dissolution Deed then the same shall be referred to the Sole Arbitrator to be appointed
by continuing partner under the provisions of Arbitration and Conciliation Act, 1996,
and place of arbitration shall be at New Delhi.

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

FIRST PARTY
SECOND PARTY

WITNESSES

(1)……….
(2)………..

58
 ADOPTION DEED BY A
HINDU MALE PERSON

THIS DEED of adoption made on this _______________ day of ______________ between

Sh._________ ,s/o ____________________,r/o ________________ (hereinafter called “the
adoptive father”) of one part AND Sh. __________________s/o ______________________r/o
___________________, (hereinafter called “the natural father”) of the other part.

WHEREAS

1. The adoptive father has no issue, male or female, and having regard to his circumstances,
he has no expectation of having any issue.

2. The adoptive father and his wife want to adopt a child as their son/daughter.

3. The natural father has three children, all sons.

4. The adoptive father, with the consent of his wife, has approached the natural father for
giving in adoption one of his sons named _______(name of the child).

5. The natural father has, with the consent of his wife, consented to his said son being given
in adoption.

6. The ceremony of giving and taking in adoption has been duly performed along with other
religious ceremonies customary with the parties on the day of ____________.

7. The parties considered it expedient and necessary that a proper deed of adoption be
executed as an authentic record of adoption.

NOW THIS DEED WITNESSESETH AS FOLLOWS:

1. Declaration of Adoption The parties hereto do hereby declare that the adoptive father has
duly adopted the said child as his son from the day of _________ i.e. the day on which ceremony
of giving and taking in adoption has been duly performed along with other religious ceremonies
customary with the parties.

2. Legal rights and liabilities of adopted son The said son has been transferred to the family of
adoptive father and shall have, from the date of adoption, all the legal rights and liabilities of an
adopted son.

59
3. Maintenance, etc. of adopted son The adoptive father shall be liable for the maintenance,
education and other expenses of the adopted son and shall bear all such expenses in accordance
with his status. IN WITNESS WHERE OF, the parties hereunto have signed this deed this
______________day of _________.

WITNESS:

1. _____________________

THE ADOPTIVE FATHER

2. ____________________

THE NATURAL FATHER

60
 SALE DEED
FACTS
Mahesh wants to purchase a residential plot from K. Nirmal at the rate of
2,50,000

THIS SALE DEED is made at …………on this …………day of……….

BETWEEN
Mr…… aged……..s/o……….r/o….. (hereinafter referred to as the VENDOR which
expression shall, unless repugnant to the context or meaning thereof shall mean and
include his heirs, executors, administrators and assigns of the FIRST PART).

AND
Mr……. aged ……….s/o……….r/o……..(hereinafter referred to as the
VENDEE/PURCHASER which expression shall, unless repugnant to the context or
meaning thereof shall mean and include his heirs, executors, administrators and assigns
of the SECOND PART).

WHEREAS the vendor purchased a freehold residential plot measuring 300 sq. yds. and
bearing No.170 in ‘M’- Block of the residential colony known as Greater Kailash Part-II,
New Delhi vide sale deed dated…… registered in the office of the Sub-Registrar, New
Delhi as document No. …………………..

The aforementioned plot is bounded as under:-

EAST ... ROAD

NORTH … PLOT NO. M-168
WEST… SERVICE LANE
SOUTH… PLOT NO. M-172

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

AND WHEREAS the Vendor to sell and the Vendee has agreed to purchase part of
Basement (760 Sq. ft. approx), one front Bed Room if First Floor (with attached bath
room and small balcony) of the said building on ‘as is where is’ basis for a total
consideration of Rs. 2,50,000/- (Rupees two lacs and fifty thousand only) on the terms
and conditions set forth hereinafter.
61
NOW THIS SALE DEED WITNESSES AS FOLLOWS:

1. That in pursuance of this agreement, the Vendor has already received from the
Vendee a sum of Rs. 2,00,000/0 (Rupees two lacs only) as part sale consideration, the
receipt of which the Vendor hereby admit and acknowledge.

2. The balance amount of Rs. 50,000/- (Rupees fifty thousand only) has been paid by the
Vendee to the Vendor by cheque No. 010806 dated…… drawn on Central Bank of
India, Kalkaji, New Delhi-110019.

3. That is view of the amount of sale consideration received as per para 1 above, the
Vendor hereby grant, convey and transfer all his rights, titles and interests as held on
the date hereof in the said part of basement and part of First Floor of M-170, Greater
Kailash Part-II, New Delhi together with undivided, indivisible and impartible
proportionate ownership rights on the land underneath the said building, on the terms
and conditions contained herein, provided that common staircase, water tanks and
other common facilities, fittings etc. shall be used and enjoyed by the Vendee along
with other owners/occupants of the said building.

4. That the Vendor is free to sell the remaining portion (s) of the said residential
building to any other party/parties with common rights for use of common entrances,
common passages, staircases, water tanks, common facilities etc. and the Vendee will
not make any objection thereto.

5. That the Vendor assures that the sale of the said residential portion/domestic storage
space is free from attachment, tenancies gifts, decree, prior sale and religious disputes
and if it is proved otherwise at any time and the Vendee suffers any loss due to any of
the aforementioned reasons, then the Vendor shall be liable to make good the loss
thus suffered by the Vendee.

6. That the Vendee has perused the original title deed, sanctioned plans. Sale plans etc.
and has fully satisfied herself.

7. That the Vendee/occupants shall have no right to use or affix or exhibit any display
boards or any big writing or any sing boards at the external face of the said building.

8. That all expenses of registration, Corporation tax etc. have been borne and paid by the
Vendee.
9. That charges for maintenance/consumption for common amenities such as lights in
staircases etc. and booster and charges for major repairs etc. shall be paid by the
owners of all the portions proportionately.

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10. That all taxes from the date of the Agreement to sell the said portion shall be borne
and paid by the Vendee. If assessment of taxes in not made separately for each
portion, then all the owners of the said building shall pay such charges
proportionately directly to the authorities concerned and the Vendor shall in no way
be responsible for the same.

11. That the Vendee shall keep the said property in properly repaired and good condition
and shall not do anything or omit to do anything which may endanger or affect the
other portions of the said building or hinder the proper and reasonable use of such
portions by the other owners/occupants of the said building.

12. That the existing use of the said portion of first floor is residential and that on
Basement domestic storage. The Vendee shall neither use the said portion for any
illegal, immoral or commercial purpose nor use it so as to cause annoyance or
nuisance to the other owners/occupants of the said building. Common parts e.g.
staircase, passage, driveway etc. will in no case be used for keeping/chaining
pets/does or any other animal/bird or storing cycles, scooter, motor-cycles etc.

13. The Vendee has also satisfied herself about the soundness of the title of the Vendor
and his power to sell the said portion in the manner stated herein.

14. While building is under construction, the Vendee shall have the right to make at her
own discretion any internal alternations (except structural) in the said portion at her
own cost and expenses.

15. That the Vendee shall not construct anything whatsoever upon or overhanging the
said land or the portion of the said land kept uncovered and un-built upon the building
(including terrace). The Vendee shall not make any alterations involving structural
changes in the said portion/building. The Vendee shall have no right to use the terrace
at the top of the building.

16. That the Vendee and owners/occupants (along with servants/workmen) of all the
portions of the said building will have full right for access to booster pump (tube
well), water meter, sewer tank, overhead water tank etc. at all reasonable times only
on notice (except in the case of emergency) to get their underground and overhead
tanks, booster pump etc. repaired/cleaned.

17. That Photostat copies of title deeds etc. have been handed over by the Vendor to the
Vendee and physical, vacant possession of the said floor/portion has also been taken
by the Vendee.

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 18. That this transaction has taken place at New Delhi. As such Delhi Court shall have
exclusive jurisdiction to entertain any dispute arising out of or in any way touching or
concerning this deed.

SCHEDULE OF PROPERTY

Details of the property to be mentioned

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

VENDOR

VENDEE

WITNESSES:

(1)
(2)

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 WILL DEED
FACTS
Draft a will of a Hindu male, who wants to bequeath his immovable and
movable property in favour of his wife and children.

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

WHEREAS I was married to…..(name) on….(date) and is living happily for …. Years and out
of the wedlock we have two children, a son …….(name) aged… and a daughter …… aged…..

AND WHEREAS ….. my son is happily married to….(name) and out of the wedlock, they are
blessed with one child….. (name) aged…. and are residing at ……(address).

AND WHEREAS ……my daughter is married to…(name) and out of the wedlock they are
blessed with one child….(name) aged… and are residing at…(address).
In my lifetime I have built my movable and immovable properties out of my own sources and,
therefore, I am the absolute owner of the properties hereunder.

IMMOVABLE PROPERTY
1. Residential property bearing no. ………….admeasuring …………...
2. Shop No. …………..admeasuring…..
3. Shop No. ……………….admeasuring…….
4. Shop No. ……………….admeasuring ……………..
(hereinafter called the Immovable Property)

MOVABLE PROPERTY
All my household and personal belongings at ………..
FD’s if any
Gold Details etc.
(hereinafter called the Movable Property)

I HEREBY WISH that my abovementioned property should devolve in the following manner:

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That my property bearing no………would devolve on to my wife….absolutely and
unconditionally and she shall deal with the said property in any manner as she likes and my
children will have no claim on this property whatsoever.

That my property bearing no…… and my all movable property would devolve on to my son…..
absolutely and unconditionally and none of my legal heirs shall have any claims on this property
whatsoever.

That my daughter is happily married and is well settled in her matrimonial home and she does
not need any financial support for survival after my death.

That my present will is drafted in my presence and upon my instructions and contents of my will
have been read out to me in my own vernacular. I declare the contents of this Will to be my last
Will arrived at by me in sound state of mind.

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

S/d.
TESTATOR

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

1. Name and details of Witness 1 Sign

2. Name and details of Witness 2 Sign

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 MORTGAGE DEED

FACTS
Mr. Dinesh wanted to take a loan of Rs. 4,00,000 from Mr. Vikram by
keeping security of his property to the Vikram as Mortgage and received the
loan amount on 15th April, 2014.

DRAFT A MORTGAGE DEED

This deed of mortgage dated this, 15.04.2014 executed by Dinesh, S/o of Ram Prasad, aged 30
years residing at…………. (Delhi) (Herein after called the Mortgagor) of the one part and
infavour of Vikram.

The Mortgagor has borrowed a sum of Rs. 4,00,000 (Rupees four lakhs only). This day from the
mortgagor agreeing to repay the same with interest at 24% per annum to the mortgage or his
order on demand.

The mortgage hereby offers the house property more fully described in the schedule hereunder as
security for the due repayment of the loan.

In the event of the mortgage failing to repay the loan as agreed upon, the mortgage shall be at
liberty to bring the schedule mentioned property to same, by filing a suit foreclosing the
mortgage and appropriate the same proceeds towards the belt.

SCHEDULE
Municipal Area No. A-25, Ashok Vihar, Delhi, H.No. 31/47, East to West 70 feet North to South
60 feet.
Total Extent : 2,700 square feet
East : House of Jayalatha
North : Main Road
West : Mess
South : House of Stalin

WITNESS
1. ……………
2. …………..
XXXXX
Mortgagor
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 POWER OF ATTORNEY
FACTS
Mr.……., residing at 30/7,…………has an estate at…….. He is also a
business man dealing in crokeries and principal place of business at……...
He has no time to manage his estate, to recover his debts. He appoints
Mr…..a retired military officer, residing at……… as the Manager of his
estate and desires to appoint him as his agent and general power of Attorney
holder.

PREPARE A GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT I,……………S/o….

R/o………… do hereby constitute, nominate and appoint Shri……. S/o………
R/o. ………….., as my true and lawful special attorney for me in my name and
on my behalf to do inter alia all or any of the acts, deeds and things regarding to
my buisness.

NOW THIS POWER OF ATTORNEY WITNESSED AS UNDER:-

(1) To demand and receive debt amount (Principal and Interest) from the person(s) as
detailed in the Schedule-1 of this power of attorney. He is authorized to give and execute
necessary receipts for the same.
(2) He can collect, receive and realize debts fully or partially, in lump sum. He is empowered
to grant installments and grant time for payment of debts and to recover debts according
to those installments and granted time. He is further authorized to accept security for
payment of debts.
(3) To compromise any such debt/debts and to receive the debt/debts according to that
compromise
(4) To institute any suit or other legal proceedings in competent court for recovery of all or
any of such debts or claims and for this he is authorize to sign any plaint, petition,
vakalatnama, etc. and any other document for that suit or execution of decree.
(5) To withdraw any suit or other proceedings against the debtor.
(6) To refer to arbitration any dispute or difference with debtor.
(7) To prosecute or defend any bankruptcy or insolvency proceedings.
(8) Generally to do all such acts, deeds and things as he shall think fit and proper as fully and
effectually to recover the debts as I could do myself notwithstanding no express power or
authority in that behalf is hereunder provided.

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I, do hereby agree to confirm and ratify all the Lawful acts, deeds and things done my said
attorney as acts deeds and things done by me as if I were present.

SCHEDULE
IN WITNESS WHEREOF, I the executant have hereunto set and subscribed my hands to in the
present of following witnesses on: -

DATE: _________

PLACE: _________

EXECUTANT
WITNESSES:

1. ………………(Name and Address)

2. .....……………(Name and Address)

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 PROMISSORY NOTE
FACTS

B. Sambasiva Rao obtained a sum of Rs. 20,000/- from Narasimhas with

interest at 12% per annum. Draft a promissory note for B. Sambasiva Rao to be
executed in favour of Nagarajus.

DRAFT A PROMISSORY NOTE

On DEMAND. B. Sambasiva Rao, S/o. Ram Kumar, aged about 40 years cultivation residing
at Srinivasapuram, Tirupati, Chittoor District promise to pay sum of Rs. 20,000/- (Rupees twenty
thousand only) with an interested at the rate of 12% P.A. from 29-11-2010 either to
Narasimhulu, S/o. Kondaiah, residing at Padmavathipuram, Tirupati, Chittoor District or by his
order.

WITNESSES Revenue Stamp

1……….. XXXXXXX
2. ……… XXXXXXX

************************

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