UNIT-1 DRAFTING AND PLEADING

UNIT-1

Table of Contents

QUESTION-1 What do you mean by Pleadings? Explain the principles which should be kept in mind while drafting of pleadings.

What are Pleadings?

In Indian law, pleadings refer to the formal written documents filed by parties to a case to set out their claims, defenses, and other material facts in the court. The primary pleadings include:

  1. Plaint: Filed by the plaintiff to initiate the suit, stating the facts constituting the cause of action and the relief sought.
  2. Written Statement: Filed by the defendant in response to the plaint, providing their defense.
  3. Replications and Counterclaims: Filed in reply to the written statement, or where the defendant files a counterclaim.

Pleadings ensure that both parties understand each other’s claims, defenses, and the issues in dispute, thereby enabling the court to adjudicate fairly.

Principles of Drafting Pleadings as per Indian Laws

1. Clarity and Precision (Order VI, Rule 2 and Rule 3 of CPC)

Pleadings should be clear, precise, and unambiguous. They must concisely state the material facts relevant to the case without unnecessary embellishments.

  • Order VI, Rule 2 of the CPC requires the plaint and written statement to contain concise statements of facts and not legal arguments.
  • Order VI, Rule 3 mandates that the facts in the pleadings should be stated in numbered paragraphs, each paragraph dealing with a distinct fact.

For example, if a party claims that a contract has been breached, the pleading must clearly state the date, nature of the contract, the party who breached it, and how it was breached.

2. Cause of Action (Order VII, Rule 1 of CPC)

The cause of action is the legal ground on which the suit is based. It should be stated clearly to show the legal right infringed and the wrongful act that caused the injury.

  • Order VII, Rule 1 requires that the plaint should disclose the cause of action in a manner that enables the court to determine if it has jurisdiction to hear the case.

For example, in a suit for breach of contract, the cause of action may be the failure of the defendant to perform the contract by a certain date.

3. Proper Jurisdiction (Section 20 of CPC)

Pleadings should clearly state the court’s jurisdiction, i.e., which court has the authority to hear the case. Jurisdiction is determined based on the subject matter, location, and value of the dispute.

  • Section 20 of the CPC defines where a suit can be instituted, stating that it can be filed in the court within the local limits of whose jurisdiction the cause of action wholly or partly arises.

For example, if a dispute arises over a contract signed in Mumbai, the court in Mumbai would have jurisdiction to hear the matter.

4. Concise and Material Facts (Order VI, Rule 2 of CPC)

Pleadings must only contain relevant facts. Irrelevant, exaggerated, or vague statements weaken the case and can lead to dismissal.

  • Order VI, Rule 2 requires that pleadings be restricted to material facts, and they must not contain evidence or arguments.

For example, in a personal injury claim, the facts related to how the injury occurred, the treatment sought, and the impact on the plaintiff’s life must be included, but not medical details unless they are material to the case.

5. Specific Relief and Relief Claimed (Order VII, Rule 1 of CPC)

Pleadings must specify the relief or remedy being sought by the party. Whether it’s a claim for damages, an injunction, or specific performance, it should be clearly stated.

  • Order VII, Rule 1 of the CPC requires that the plaint should contain a prayer for relief. This could be the return of a certain sum, an injunction, or specific performance of a contract.

For example, in a suit for property recovery, the prayer should specifically request the return of the property.

6. No Inconsistencies (Order VI, Rule 17 of CPC)

Pleadings must be consistent, and there should be no contradictions between the facts stated in various parts of the pleadings. If a party wishes to introduce new facts, it must do so through proper amendment procedures.

  • Order VI, Rule 17 allows a party to amend its pleading with the court’s permission, to correct mistakes or add new facts. Amendments must not contradict the initial facts or cause prejudice to the other party.

7. Affidavit Verification (Order VI, Rule 15 of CPC)

The plaint and written statement must be verified by an affidavit to affirm the truth of the contents. False statements can lead to serious legal consequences.

  • Order VI, Rule 15 of the CPC requires every pleading to be verified by the party, affirming that the facts stated are true to their knowledge or belief. This ensures accountability and prevents fraudulent claims.

Pleadings should refer to relevant legal provisions, statutes, or case law that support the claims or defenses. This helps in establishing the legal basis for the party’s case.

  • Order VI, Rule 3 provides that the pleading should not include legal arguments, but the relevant statutory provisions, if applicable, should be cited. For instance, if a party is claiming breach of contract, it should refer to the relevant sections of the Indian Contract Act, 1872.

9. Particulars of the Claim (Order VI, Rule 5 of CPC)

In certain types of claims (e.g., claims for damages, or in torts), the pleading must contain specific particulars, such as the amount claimed or the specifics of the tortious act.

  • Order VI, Rule 5 requires that in certain cases, such as when claiming damages, the plaintiff must specify the amount and nature of the claim.

10. Adherence to Limitation Period (Limitation Act, 1963)

The pleadings must reflect compliance with the limitation period as set out in the Limitation Act, 1963. Suits filed beyond the prescribed limitation period are barred.

  • For instance, under Article 113 of the Limitation Act, the limitation period for filing a suit for general relief is 3 years from the date when the cause of action arose.

11. No Hyperbole or Vague Allegations (Indian Evidence Act, 1872)

The Indian Evidence Act, 1872, governs the admissibility of evidence in Indian courts. Pleadings should avoid vague allegations that cannot be supported with evidence.

  • Pleadings must set out facts that can be proved through admissible evidence, as per the provisions of the Indian Evidence Act, especially under Section 3, which defines “facts in issue” and “relevant facts.”

Conclusion

The drafting of pleadings under Indian law requires adherence to the principles laid down in the CPC, Indian Evidence Act, and other relevant statutes. Clear, precise, and relevant facts, along with proper legal references, are essential for effective pleadings. Additionally, the verification through affidavit, the correct jurisdiction, and adherence to the limitation period are all critical aspects that ensure the pleading’s validity and efficiency in legal proceedings.

QUESTION -2 Draft an affidavit in support of an application for the issuance of temporary injunction under ORDER NO.39-RULE 2.cc.

under Order 39, Rule 1 & 2 of the Civil Procedure Code, 1908 (CPC). This is commonly used to request an interim order from the court to prevent harm or to preserve the status quo until the final adjudication of the case.

IN THE COURT OF [Name of the Court]
[Place]

CIVIL SUIT NO. [_________] OF [Year]
[Plaintiff’s Name]
Versus
[Defendant’s Name]

AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR ISSUANCE OF TEMPORARY INJUNCTION

I, [Name of the deponent], son/daughter of [Father’s Name], aged [Age], residing at [Address], do hereby solemnly affirm and state as follows:

  1. That I am the plaintiff in the above-mentioned suit and am well acquainted with the facts and circumstances of the case. I am duly authorized to file and swear this affidavit on behalf of the plaintiff.
  2. That the plaintiff has filed the present suit against the defendant seeking relief for [briefly describe the subject matter of the suit, e.g., recovery of possession, breach of contract, etc.].
  3. That the plaintiff has a prima facie case with a good likelihood of success, and the cause of action arose on [date]. The facts leading to the cause of action are as follows:a. [State briefly the facts that support the plaintiff’s claim and the need for a temporary injunction, e.g., the defendant is trespassing on the plaintiff’s property or is in the process of selling disputed property].
    b. [Mention any previous actions or attempts made to resolve the matter, e.g., notices sent, discussions held, etc.].
  4. That the plaintiff’s legal rights are being infringed upon by the defendant’s actions, and if the defendant is not restrained by this Hon’ble Court, the plaintiff will suffer irreparable loss and injury that cannot be adequately compensated by monetary damages.
  5. That the balance of convenience is in favor of the plaintiff, as the harm suffered by the plaintiff if no injunction is granted outweighs any harm the defendant may suffer if the injunction is granted.
  6. That the plaintiff has no adequate remedy at law as the damages or compensation for the defendant’s actions would be insufficient to remedy the harm caused to the plaintiff’s rights.
  7. That the plaintiff has a reasonable apprehension that the defendant will continue with the unlawful actions, which will further cause irreparable damage and loss to the plaintiff.
  8. That the plaintiff prays for the issuance of an interim order restraining the defendant from [describe the action to be restrained, e.g., transferring the disputed property, continuing with construction, etc.], pending the final adjudication of the suit.
  9. That the plaintiff is ready and willing to provide any security as the Hon’ble Court may deem fit and proper for the grant of the temporary injunction.
  10. That the plaintiff further submits that the defendant has been duly served with the summons of this suit, and no adequate relief has been provided thus far.
  11. That the facts stated above are true and correct to the best of my knowledge and belief, and nothing material has been concealed herein.

PRAYER
In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to:

a) Issue a temporary injunction restraining the defendant from [describe the action to be restrained, e.g., transferring the disputed property, continuing with construction, etc.] pending the final adjudication of the present suit.
b) Pass any other order(s) that this Hon’ble Court may deem fit and proper in the interest of justice.

[Date]
[Signature of the Deponent]

VERIFICATION
I, [Name of the deponent], do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed herein.

Verified at [Place], this [Date] day of [Month, Year].

[Signature of the Deponent]

Notes:

  1. The affidavit should be signed by the deponent and verified before a Notary Public or an authorized officer.
  2. The application for temporary injunction must be filed along with the suit, or as an independent application, depending on the urgency.
  3. Be sure to customize the affidavit according to the specific facts and circumstances of the case.
  4. The plaintiff must demonstrate prima facie case, irreparable harm, and balance of convenience as per Order 39, Rule 1 & 2 of CPC to get the temporary injunction.
  5. The prayer section must clearly specify the action to be restrained.

QUESTION-3 Prepare the model of a plaint in a Civil case relating to immovable property.

This is typically used to seek relief for issues such as possession, title, or disputes over ownership of property. The model includes essential details as required under the Code of Civil Procedure (CPC), 1908.

IN THE COURT OF [Name of the Court]

[Place]

CIVIL SUIT NO. [_____] OF [Year]
[Plaintiff’s Name]
Versus
[Defendant’s Name]

PLAINT

The Plaintiff Most Respectfully Submits:

  1. The Plaintiff’s Details:
    • The plaintiff, [Name of Plaintiff], son/daughter of [Father’s Name], aged [Age], residing at [Complete Address], is the lawful owner/possessor of the immovable property described below.
  2. The Defendant’s Details:
    • The defendant, [Name of Defendant], son/daughter of [Father’s Name], aged [Age], residing at [Complete Address], is unlawfully in possession of the said property.
  3. Description of the Property:
    • The immovable property which is the subject matter of this suit is a [plot of land/house/building], located at [Address of the Property], and more specifically described in Schedule A annexed to this plaint.
    • The dimensions of the property are as follows: [Provide details of the property’s size, boundaries, and other identifying features].
  4. Ownership and Title of the Plaintiff:
    • The plaintiff is the lawful owner of the above-described property by virtue of [mention mode of acquisition – e.g., purchase, inheritance, gift, etc.], as evidenced by the documents [Sale Deed/Will/Settlement Deed, etc.] which are duly registered and annexed herewith as Exhibit 1.
  5. Details of Possession:
    • The plaintiff has been in peaceful possession of the property since [Date], and has continuously exercised ownership rights over it. The plaintiff has maintained the property, paid taxes, and has enjoyed all the benefits associated with it.
  6. Details of the Defendant’s Unlawful Possession:
    • The defendant has unlawfully entered into the property on [Date] without the permission of the plaintiff and has been in possession of the property since [Date].
    • Despite repeated demands for the defendant to vacate the property and hand over possession to the plaintiff, the defendant has refused and continues to occupy the property unlawfully.
  7. Cause of Action:
    • The cause of action arose on [Date], when the defendant first unlawfully entered the property and started occupying it without any legal right. The defendant has failed to vacate the property despite repeated requests from the plaintiff.
    • The plaintiff’s right to possession of the property is being infringed upon by the defendant, and the plaintiff is entitled to seek possession and other remedies under the law.
  8. Relief Sought:
    • The plaintiff, therefore, prays that this Hon’ble Court may be pleased to:
      1. Pass a decree of possession in favor of the plaintiff, directing the defendant to vacate the immovable property and restore possession to the plaintiff.
      2. Pass a decree for mesne profits for the unlawful occupation of the property by the defendant from the date of the defendant’s unlawful possession till the date of vacating.
      3. Pass any other order(s) as this Hon’ble Court may deem fit in the interest of justice.
  9. Jurisdiction:
    • This Hon’ble Court has jurisdiction to entertain and try this suit as the immovable property in question is situated within the jurisdictional limits of this Court and the cause of action has arisen within the said jurisdiction.
  10. Value of the Suit:
    • The value of the suit is estimated to be [Value] for the purpose of court fees and jurisdiction.
  11. Court Fees:
    • The plaintiff has paid the necessary court fees amounting to [Amount] as per the rules of the Court.
  12. Relief Sought:
    • The plaintiff, therefore, respectfully prays that this Hon’ble Court may be pleased to: a) Pass a decree of possession in favor of the plaintiff and against the defendant; b) Pass a decree for mesne profits for the period of unlawful possession; c) Grant any other relief as the Hon’ble Court may deem fit in the interest of justice.

Plaintiff’s Signature
[Name of the Plaintiff]

Date: [Date]
Place: [Place]

SCHEDULE A (Property Description)

  • The immovable property in question is described as follows:
    • [Description of the Property, such as plot number, boundaries, location, etc.]
    • The property is situated at [Complete Address], within the jurisdiction of this Hon’ble Court.

VERIFICATION

I, [Name of Plaintiff], the plaintiff in the above suit, do hereby verify that the contents of paragraphs 1 to 12 of this plaint are true to the best of my knowledge and belief, and that no part of it is false. I also verify that the documents annexed herewith are true copies of the originals.

Verified at [Place], this [Date] day of [Month, Year].

Plaintiff’s Signature
[Name of the Plaintiff]

Notes:

  1. The Schedule A provides detailed information about the immovable property, including its boundaries and exact location.
  2. Mesne profits refer to the compensation for wrongful occupation of the property by the defendant, usually calculated on a per-day basis.
  3. The court fees must be calculated as per the valuation of the property or the value of the suit, as required by local rules.
  4. The plaintiff may attach supporting documents such as sale deeds, title documents, tax receipts, etc., as Exhibitsto establish ownership.

Question-4 Discuss the fundamental rules of pleadings (civil).

The fundamental rules of pleadings in civil cases are set out primarily under the Code of Civil Procedure, 1908 (CPC), which governs the procedure for civil litigation in India. Pleadings are the formal statements of the parties to a case, setting out their claims and defenses. The primary purpose of pleadings is to inform the court and the other party of the claims and defenses involved, enabling the court to adjudicate the matter properly.

Here are the key principles and rules governing pleadings in civil cases:

1. Rule of Clarity and Precision (Order 6, Rule 2, CPC)

  • Pleadings should be clear and precise: A pleading should contain a clear statement of facts and legal grounds on which the party is relying. It must be free from unnecessary details and ambiguity.
  • The pleadings must state facts in chronological order and should clearly express the nature of the claim or defense.

Example: If a party is claiming possession of property, they should state how they acquired it, how the opposing party came to possess it, and the exact relief sought.

2. Statement of Facts, Not Law (Order 6, Rule 2, CPC)

  • Pleadings should state facts, not legal arguments: The pleadings should set out the facts on which a party’s case is based. Legal arguments, citations of laws, and the legal consequences should not form part of the pleading.
  • A party should leave it to the court to apply the law to the facts as pleaded.

Example: A plaintiff alleging a breach of contract should state the terms of the contract, how the breach occurred, and the damages suffered, rather than citing legal precedents.

3. Concise and Relevant (Order 6, Rule 3, CPC)

  • Pleadings should be concise and relevant: They should not contain irrelevant matters or long explanations. Only relevant facts must be pleaded.
  • Pleadings must not include unnecessary details such as evidence or documents, as these will be dealt with later in the trial.

Example: If the case is about a simple dispute over the title of land, avoid including lengthy irrelevant historical background or events unrelated to the dispute.

4. Pleading to Be Based on Facts (Order 6, Rule 4, CPC)

  • Pleadings must be based on facts: The claims made in pleadings must be based on real and factual information. The party must give a statement of facts leading to the cause of action and not merely rely on conclusions.
  • Any claim or defense made must be supported by facts rather than legal opinions or speculative statements.

Example: In a property dispute, the party must plead the facts of ownership, possession, and title, not just state that they have the right to the property.

5. Affirmative Pleading (Order 6, Rule 5, CPC)

  • Pleadings must be affirmative: A party must state positively the facts that support their case. They cannot leave it to the other party to prove the claim.
  • For example, the plaintiff must state their title to the property in a property dispute and cannot merely claim that the defendant has no title without stating their own.

6. Pleading of Material Facts (Order 6, Rule 6, CPC)

  • Material facts must be pleaded: The pleading should include all the material facts necessary to establish the claim or defense. It should not omit facts that are necessary for the party to prove its case.
  • If a party fails to plead a material fact, they may not be allowed to prove it during the trial, even if the evidence is available.

Example: In a case for breach of contract, the plaintiff must plead the exact terms of the contract, when the breach occurred, and how it caused damage. Omitting these facts could harm the claim.

7. Pleading of Specific Relief (Order 6, Rule 7, CPC)

  • Pleadings should state the relief sought: It is necessary to specify the relief sought in the pleading. The relief should be clearly stated and aligned with the facts and claims presented.
  • The plaintiff must specify whether they are seeking damages, injunction, possession, or any other relief. It should be in clear terms.

Example: “The plaintiff seeks a decree for possession of the property, mesne profits, and permanent injunction restraining the defendant from interfering with the plaintiff’s possession.”

8. Verification of Pleadings (Order 6, Rule 15, CPC)

  • Pleadings must be verified: Each pleading must be verified by the party or their authorized representative to ensure that the facts stated in the pleading are true to their knowledge and belief.
  • The verification must be done in the manner prescribed in the CPC and should be signed by the party, indicating that the facts pleaded are true.

Example: “I, [Name], do hereby verify that the contents of the plaint are true to my knowledge and belief, and nothing material has been concealed.”

9. Amendment of Pleadings (Order 6, Rule 17, CPC)

  • Amendment of pleadings: A party may seek permission to amend its pleadings to correct any mistakes or omissions. The amendment can be sought with the leave of the court before or during the trial.
  • Amendments can be allowed when it is necessary to meet the requirements of justice, provided it does not introduce new causes of action or prejudice the other party.

Example: If the plaintiff realizes that they failed to include a certain fact in the initial pleadings, they can apply for an amendment to include that fact.

10. Substance Over Form (Order 7, Rule 11, CPC)

  • Form should not outweigh substance: Courts are more concerned with the substance of the pleadings rather than the form. The court can reject a pleading for non-compliance with certain formalities, but it should do so only if the defect is substantial and prejudices the case.

Example: A plaintiff may plead the relevant facts even if the precise language of the law is not used, as long as the substance of the claim is clear.

11. Cause of Action (Order 7, Rule 1, CPC)

  • A pleading must disclose a cause of action: The plaintiff must state the facts upon which they are claiming a right, which should give rise to a legal claim. Without disclosing a cause of action, a suit may be dismissed.

Example: In a suit for recovery of money, the plaintiff must show that there was a debt owed by the defendant and that the defendant defaulted on payment.

12. Consistency in Pleading

  • Consistency in pleading: The plaintiff’s and defendant’s pleadings must be consistent throughout the case. If a party changes its stance or introduces contradictory statements, it may be detrimental to their case.
  • If a party admits to a fact, it cannot later deny it without providing a reasonable explanation.

Conclusion

The fundamental rules of pleadings ensure that the legal process is transparent, fair, and orderly. They provide a clear framework for presenting a claim or defense and help prevent unnecessary delays or confusion in civil cases. Adherence to these rules is critical for the efficient administration of justice, as they help in determining the issues at the core of the case, which the court needs to adjudicate.

Question-5 On the basis of some hypothetical facts, draft a certiorari writ petition.

A certiorari writ petition is filed in the High Court under Article 226 of the Constitution of India to seek the quashing of an order or decision made by a lower court, tribunal, or authority that is alleged to be illegal, irrational, or violative of principles of natural justice. Below is a hypothetical draft of a certiorari writ petition:

IN THE HIGH COURT OF [STATE] AT [CITY]

Writ Petition No. [___] of [2024]

[Petitioner Name],
[Address]
Petitioner

Versus

[Respondent Name],
[Name of the Respondent Authority/Body],
[Address]
Respondent

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR ISSUANCE OF A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED [___] PASSED BY [THE NAME OF THE LOWER AUTHORITY]

TO,

The Hon’ble Chief Justice and His Lordships the other Hon’ble Judges of the High Court of [State],

The Humble Petition of the Petitioner above-named most respectfully showeth:

1. FACTS OF THE CASE

1.1 The Petitioner is a resident of [City/State], and is engaged in [Occupation/Business]. The Petitioner holds a valid [license/permit] to carry out [business activity] as per the provisions of [name of law/act].

1.2 On [date], the Respondent, [name of the authority], passed an order (hereinafter referred to as “Impugned Order”) denying the renewal of the Petitioner’s [license/permit] under Section [___] of [name of Act]. The Impugned Order was issued without giving the Petitioner an opportunity to be heard, which is in violation of the principles of natural justice.

1.3 The Petitioner, who has been operating the business for the last [number of years], received the Impugned Order without any prior notice or hearing. The reason stated for the refusal of the renewal is [state the reason mentioned in the order, e.g., “non-compliance with certain technical specifications,” “failure to submit documents,” etc.]. However, the Petitioner had complied with all requirements and had submitted the necessary documents within the prescribed time.

1.4 The Impugned Order was passed without proper inquiry, and it failed to consider [specific facts that support your case, e.g., “the petitioner had paid the required fees,” “all required documents were submitted,” “no inspection was conducted,” etc.].

1.5 The Respondent failed to provide any reasonable explanation for the refusal and did not provide an opportunity to the Petitioner to present their case, which is contrary to the principles of natural justice as outlined under Article 14 of the Constitution of India.

2. GROUNDS FOR RELIEF

2.1 Violation of Principles of Natural Justice: The Impugned Order was passed without granting the Petitioner an opportunity to be heard, in violation of the well-settled principles of natural justice, as enshrined under Article 14 of the Constitution. The Respondent did not afford the Petitioner an opportunity to explain the alleged deficiencies or provide a defense.

2.2 Excessive and Arbitrary Exercise of Power: The Respondent has acted beyond its jurisdiction and authority under the relevant provisions of [name of Act], which empowers the Respondent to renew the [license/permit] upon fulfillment of the conditions specified. The decision to refuse the renewal is arbitrary and unjustified in the facts of the case.

2.3 Failure to Consider Relevant Facts: The Impugned Order fails to take into account the fact that the Petitioner had fully complied with all legal requirements and submitted the necessary documentation. The decision to deny the renewal is based on a misconception of facts.

2.4 Violation of Right to Fair Hearing: The failure to provide the Petitioner an opportunity to present their case before the Impugned Order was passed is a clear violation of the Petitioner’s right to fair hearing under the principles of natural justice.

2.5 Illegality of the Impugned Order: The Impugned Order is legally unsustainable as it is based on incorrect factual assumptions and has not followed the due procedure laid down under the applicable laws and regulations.

3. PRAYER

In view of the aforementioned facts and grounds, the Petitioner respectfully prays that this Hon’ble Court may be pleased to:

a) Issue a writ of Certiorari or any other appropriate writ, order, or direction for the quashing of the Impugned Order dated [___] passed by the Respondent.

b) Direct the Respondent to renew the Petitioner’s [license/permit] in accordance with law and after providing a fair hearing, if necessary.

c) Grant any other relief that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

[Petitioner’s Signature]

[Name of the Petitioner]
[Date]

VERIFICATION

I, [Petitioner Name], son/daughter of [Parent’s Name], aged [Age], resident of [Address], do hereby declare that the contents of the above writ petition are true to the best of my knowledge and belief. Nothing material has been concealed.

Verified at [Place] on this [date].

[Petitioner’s Signature]

Question-6 Draft an application for the appointment of a court receiver on the basis of some hypothetical facts. 

Application for the Appointment of a Court Receiver based on hypothetical facts. In this scenario, the applicant seeks the appointment of a receiver for the protection and management of immovable property during the pendency of a civil suit.

IN THE HON’BLE COURT OF [DISTRICT] AT [CITY]

Civil Suit No. [___] of [2024]

[Applicant Name],
[Address]
Applicant

Versus

[Respondent Name],
[Address]
Respondent

APPLICATION FOR THE APPOINTMENT OF A COURT RECEIVER

TO,

The Hon’ble Court of [Name of the Court],
[District], [City]

MOST RESPECTFULLY SHOWETH:

1. FACTS OF THE CASE

1.1 The Applicant is the owner of the immovable property situated at [address of the property], described as [details of the property, e.g., residential building, commercial space, etc.], as per the registered sale deed dated [date of sale deed], which is duly registered with the office of the Sub-Registrar at [location].

1.2 The Respondent has unlawfully trespassed upon the said property, without any legal rights or authorization, and has begun to make unauthorized alterations and constructions on the premises. This action of the Respondent has caused significant damage to the property and has reduced its value, which is irreparable without immediate intervention.

1.3 On [date], the Applicant issued a legal notice to the Respondent, demanding immediate cessation of illegal activities and restoration of the property to its original state. However, the Respondent failed to comply with the notice, and their actions continue to pose a grave threat to the property.

1.4 The Applicant has filed the present suit for [relief sought, e.g., recovery of possession, declaration of title, or permanent injunction] against the Respondent. The suit is still pending before this Hon’ble Court, and the Applicant is apprehensive that unless immediate steps are taken, the property may be further damaged, or irretrievably altered, which may result in loss of the subject matter of the suit.

1.5 The Applicant believes that a receiver should be appointed for the protection and proper management of the property during the pendency of the suit to prevent further harm, waste, or loss to the property.

2. GROUNDS FOR PRAYER

2.1 Risk of Waste and Damage to Property: The Respondent is causing damage to the property by unauthorized construction and alterations, and this damage is increasing on a daily basis. Without the appointment of a receiver, there is a serious risk that the property will be destroyed or its value substantially diminished.

2.2 Prevention of Further Harm: The Respondent is likely to continue with their illegal activities if not restrained by the Court. The appointment of a receiver will ensure that the property is protected, maintained, and preserved until the matter is decided.

2.3 Need for Immediate Intervention: The Applicant is seeking immediate intervention to safeguard the property from further encroachment, alteration, and deterioration. The appointment of a receiver will enable a neutral third party to take charge of the property and prevent any further unauthorized activity.

2.4 Court’s Jurisdiction and Power: Under Section 51 of the Specific Relief Act, 1963, and Order 40, Rule 1 of the Code of Civil Procedure, 1908, this Hon’ble Court has the power to appoint a receiver for the protection, management, and preservation of property during the pendency of the suit.

3. PRAYER

In view of the above, the Applicant respectfully prays that this Hon’ble Court may be pleased to:

a) Appoint a Receiver to take charge of and manage the property situated at [address of the property], and to preserve and protect it during the pendency of the present suit.

b) Direct the Receiver to maintain the property in its present condition and prevent any alterations, constructions, or unauthorized activities by the Respondent or any third party.

c) Grant any other relief that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

[Applicant’s Signature]
[Name of the Applicant]
[Date]

VERIFICATION

I, [Applicant Name], son/daughter of [Parent’s Name], aged [Age], resident of [Address], do hereby declare that the contents of the above application are true to the best of my knowledge and belief. Nothing material has been concealed.

Verified at [Place] on this [date].

[Applicant’s Signature]

QUESTION- What do you mean by pleadings? Discuss the procedure and rule for amendment of pleadings.

What Do You Mean by Pleadings?

Pleadings are formal written statements filed by the parties in a civil or criminal case, outlining their claims, defenses, and the material facts they rely on in support of their case. Pleadings serve as a foundation for the legal arguments and enable the court to determine the issues in dispute between the parties.

In civil cases, the main pleadings typically include:

  1. Plaint: The formal written statement filed by the plaintiff, detailing the cause of action, facts, legal basis of the claim, and relief sought.
  2. Written Statement: The defendant’s response to the plaintiff’s plaint, admitting or denying the allegations, and presenting any defenses.
  3. Replication: The plaintiff’s reply to the defendant’s written statement, further elaborating on or refuting the defendant’s claims.
  4. Counterclaim: A claim made by the defendant against the plaintiff in response to the original suit.

Pleadings must be clear, precise, and consistent, and they form the framework for the trial.

Procedure and Rules for Amendment of Pleadings

The amendment of pleadings refers to the process of making changes, additions, or deletions to the pleadings during the course of the proceedings. Amendments may be made to correct errors, clarify claims, or introduce new facts or issues relevant to the case.

The rules governing the amendment of pleadings in India are primarily laid down under Order VI, Rule 17 of the Code of Civil Procedure, 1908 (CPC), and the principle of fair trial under Article 21 of the Constitution of India.

Order VI, Rule 17: Amendment of Pleadings

  • Sub-rule (1): The court may, at any stage of the proceedings, allow a party to amend their pleadings in such a manner as it thinks fit. This is to ensure that the case is decided on its merits and not on technicalities.
  • Sub-rule (2): The court shall only allow amendments if:
    • The application for amendment is made before the trial begins or if the trial has begun, the application is made promptly.
    • The amendment is made to resolve any ambiguity, confusion, or defect in the original pleading.
    • The amendment does not cause injustice to the opposite party.
  • Sub-rule (3): An amendment should not change the basic nature of the original cause of action or the subject matter of the case. It should not introduce an entirely new claim that was not part of the original claim.

Procedure for Amendment of Pleadings

  1. Filing an Application for Amendment:
    • A party who seeks to amend their pleadings must file an application under Order VI, Rule 17 of the CPC before the court, even if the pleading has already been filed.
    • The application should contain a specific prayer requesting the court’s permission to amend the pleadings.
    • The party must also file the proposed amended pleading as an annexure to the application, highlighting the changes to be made (e.g., additions, deletions, or modifications).
  2. Grounds for Amendment:
    • The party must show a valid reason for the amendment. Common grounds include:
      • Mistake or error: If there was an error in drafting the pleadings, the party may seek to correct it.
      • New facts: If new facts have emerged or if the party learns of new evidence, they may need to include this in their pleadings.
      • Clarification or specific details: To remove any ambiguity, confusion, or vagueness in the pleadings.
  3. Objection by Opposing Party:
    • The opposite party can file an objection to the application for amendment. They may argue that the amendment would:
      • Change the cause of action.
      • Cause undue delay or prejudice.
      • Introduce an entirely new issue or claim not relevant to the original dispute.
    • However, mere delay in seeking an amendment does not automatically bar the amendment, unless there is evidence of bad faith or prejudice to the other party.
  4. Court’s Discretion:
    • The court will decide whether to allow the amendment based on the facts of the case, considering whether the amendment serves the interests of justice and fairness.
    • The court may impose conditions, such as payment of costs, if it grants the amendment.
  5. Effect of Amendment:
    • Once the amendment is allowed by the court, the amended pleading replaces the original pleading. The amended pleading is treated as the original pleading for all purposes.
    • The opposite party may be allowed time to file an additional response or to contest the amendment.

Key Principles for Amendment of Pleadings

  1. Interests of Justice: Amendments are generally allowed to promote justice and prevent a case from being dismissed on technicalities. The overriding principle is that the merits of the case should be considered, and the amendment should not unduly prejudice the other party.
  2. Timeliness: Amendments should be sought at the earliest opportunity. If an amendment is sought at a late stage, especially after the trial has commenced, the party seeking the amendment must explain the delay.
  3. Preserving the Cause of Action: An amendment should not change the cause of action or the subject matter of the case. A new cause of action or a completely new claim cannot be introduced via an amendment.
  4. Fairness and Prejudice: The amendment should not cause injustice or undue prejudice to the opposing party. The court may impose conditions such as awarding costs to mitigate any potential harm caused by the amendment.
  5. Comprehensive and Concise: The amended pleading should be clear and concise, stating only the material facts necessary for the case. It should not include unnecessary details or superfluous matters.

Example of Amendment Scenarios

  1. Typographical or Clerical Errors: If a mistake is made in the name of a party or a document reference, an amendment may be sought to correct such errors.
  2. Inclusion of New Facts: If new facts have come to light after the filing of the original pleadings (e.g., discovery of a crucial document), an amendment may be requested to include those facts.
  3. Changes in Legal Grounds: If there is a change in the legal framework (such as the introduction of a new statute or case law), the party may seek to amend the pleadings to reflect the new legal grounds or principles.

Conclusion

The procedure for the amendment of pleadings is designed to ensure that the case is decided based on the true facts and merits of the dispute. While the court has wide discretion to allow amendments, the key consideration is to balance the need for clarity and justice without causing undue delay or prejudice to the other party. Following the prescribed rules ensures that both parties have an equal opportunity to present their case.

QUESTION-What do you understand by writ petition ? Discuss the rule . relating to drafting the writ petition.

What is a Writ Petition?

A writ petition is a formal written request made to a court for the issuance of a writ (a formal legal order) to enforce or protect a legal right, direct an authority to do something within its power, or challenge an action taken by a public authority that violates the rights of the petitioner. Writ petitions are typically filed in the High Courts or the Supreme Court of India under Article 226 and Article 32 of the Constitution of India, respectively.

The writ petitions are used to seek remedies for violations of fundamental rights (under Article 32) or for enforcement of legal rights (under Article 226). The writs that can be issued include:

  1. Habeas Corpus – for the release of a person unlawfully detained.
  2. Mandamus – directing a public authority to perform a statutory duty.
  3. Prohibition – preventing an inferior court or tribunal from exceeding its jurisdiction.
  4. Certiorari – to quash the order of a lower court or tribunal.
  5. Quo Warranto – questioning the legality of a person holding a public office.

Rules Relating to Drafting a Writ Petition

The drafting of a writ petition involves adhering to specific rules and principles to ensure that the petition is accepted and that it complies with the procedural requirements set by the relevant legal framework.

1. Jurisdiction and Appropriate Court

  • The writ petition must be filed in the appropriate court:
    • For the Supreme Court of India, a writ petition is filed under Article 32 of the Constitution to seek enforcement of fundamental rights.
    • For High Courts, writ petitions are filed under Article 226 to seek remedies for violation of legal rights, not necessarily fundamental rights.
  • The jurisdiction of the court depends on where the cause of action arises or where the party resides or carries out business.

2. Title of the Writ Petition

The title of the writ petition should clearly indicate the parties involved and the type of writ sought. It should follow the general format:

  • In the Supreme Court of India / High Court of [State]
  • Writ Petition (C) / (P) No. [] of []
  • [Name of Petitioner] v. [Name of Respondent]

Where:

  • (C) stands for Civil writ petitions (e.g., mandamus, certiorari).
  • (P) stands for Public Interest Litigation (PIL) or petitions involving public issues.

3. Contents of the Writ Petition

The writ petition must contain the following essential components:

  1. The Title and Heading:
    • The name of the court, the case number, and the title of the parties (petitioner vs. respondent) are mentioned at the top.
  2. Introduction (Cause Title):
    • This section includes the name of the petitioner, respondent, and their relevant details (address, status, etc.).
  3. Jurisdiction:
    • A statement establishing the jurisdiction of the court under the relevant provision, such as Article 32 or Article 226 of the Constitution, and why the petition is filed in that particular court.
  4. Facts of the Case:
    • A concise and clear statement of facts explaining the nature of the case. It should include details of events leading to the filing of the petition, actions taken, and the violation of rights.
  5. Grounds for Filing the Petition:
    • The legal basis for filing the writ petition, highlighting the violation of fundamental or legal rights and the reasons the action or order needs to be quashed or enforced. These grounds must be based on facts and relevant legal provisions.
  6. Relief Sought:
    • A precise and clear statement of the relief or remedy sought by the petitioner. For example, the issuance of a writ of mandamus, habeas corpus, or certiorari.
  7. Prayer Clause:
    • The prayer clause is a formal request to the court, specifying the relief the petitioner is seeking (e.g., to quash an order, release someone from detention, etc.).
  8. Affidavit:
    • A sworn affidavit by the petitioner affirming the truth of the facts and legal grounds mentioned in the petition.
  9. Annexures:
    • The writ petition must include all relevant documents, such as notices, orders, agreements, or any other evidence supporting the claims made in the petition. Each annexure should be clearly labeled and referred to in the petition.
  10. Signature and Verification:
    • The petition must be signed by the petitioner or their authorized representative. The verification should be included to confirm that the statements made are true to the best of the petitioner’s knowledge.

4. Format and Presentation

The writ petition should be presented in a clear and organized manner. The following guidelines should be followed:

  • Font and Margins: The petition should be typed in a readable font (e.g., Times New Roman, font size 12) with 1.5 line spacing. Margins of 1 inch on all sides should be maintained.
  • Pagination: All pages should be numbered.
  • Clear and Concise: The petition should avoid unnecessary repetition and superfluous details. It should only include relevant information.
  • Legal Citations: Citations of case law, statutory provisions, and other legal authorities should be included where necessary to support the legal arguments.

5. Affidavit in Support

The petitioner must also file an affidavit in support of the writ petition, which must contain the following details:

  1. The deponent’s (petitioner’s) affirmation that the contents of the writ petition are true and correct to the best of their knowledge.
  2. The deponent must state that they have filed the petition in the court.
  3. Signature of the deponent and the date and place of verification.

6. Filing and Service of Petition

Once the writ petition is prepared, it must be filed with the Registrar’s Office of the respective court (Supreme Court or High Court). After filing, the petitioner is required to serve a copy of the petition to the respondent(s) in accordance with the rules of service.

Key Points to Remember When Drafting a Writ Petition

  1. Clarity and Precision: The petition should be clear and concise, avoiding unnecessary details. It should focus on the legal issues at hand and the remedy sought.
  2. Compliance with Procedure: It should comply with the procedural rules of the respective court, such as the Supreme Court or High Court.
  3. Documentary Support: The petition should be backed by relevant documents or evidence that support the claims made by the petitioner.
  4. Grounds for Relief: The legal grounds for the writ must be clearly outlined, and the petitioner should cite relevant statutes, case law, and legal principles.
  5. Timeliness: A writ petition must be filed within the prescribed time limits, if applicable, especially in the case of challenges to orders or actions of public authorities.

Conclusion

A writ petition is a powerful legal tool available to individuals and organizations for the enforcement of fundamental rights or seeking judicial review of public authority actions. When drafting a writ petition, it is essential to follow the prescribed rules and maintain clarity and precision in presenting the facts and legal arguments. Proper formatting, strong legal grounds, and adequate documentary support will help increase the chances of a successful outcome in the court.

QUESTION-Explain in brief, provisions regardING written statement and also discuss claim of set off and counter claim.

Written Statement – Provisions under Civil Procedure Code (CPC)

A written statement is a formal written document filed by the defendant in response to the plaint (complaint) filed by the plaintiff. It serves to answer the allegations made by the plaintiff and to present the defendant’s version of the case. It is a crucial part of the procedure in civil litigation.

Provisions under CPC regarding Written Statement

  • Order 8, Rule 1: Time for filing written statement
    The written statement must be filed within 30 days from the date of service of the summons. In some cases, the court may grant an extension of time not exceeding 90 days if a sufficient cause is shown.
  • Order 8, Rule 2: Contents of the written statement
    The written statement must deny or admit the allegations made in the plaint. Any allegations that are not specifically denied in the written statement will be deemed to be admitted. The defendant must also raise any defenses, objections, or claims they wish to make in response to the plaintiff’s claims.
  • Order 8, Rule 3: Subsequent pleadings
    If the defendant wishes to amend or add new content to the written statement, the court’s permission is required.
  • Order 8, Rule 5: Effect of non-filing
    If the defendant fails to file a written statement within the stipulated time, the court may pass an order to proceed with the case and may even pass a decree against the defendant.
  • Order 8, Rule 6A: Rejoinder
    After filing the written statement, the defendant may file a rejoinder to the plaintiff’s response, if applicable.

Claim of Set-off and Counterclaim

  1. Set-off (Order 8, Rule 6): A set-off is a defense in which the defendant claims that the plaintiff owes them a sum of money that should be deducted from the amount the plaintiff is claiming. The defendant claims this right to “set-off” part of the plaintiff’s claim with their own claim.
    • Provisions for Set-off:
      • The defendant may claim a set-off only if the sum due from the plaintiff to the defendant is liquidated (i.e., a definite amount).
      • The set-off must relate to the same transaction or closely connected transactions.
      • A plea of set-off must be made in the written statement.
      • The defendant cannot claim a set-off unless it is specifically pleaded in their written statement.
    Example: If the plaintiff is claiming Rs. 1,00,000, and the defendant owes Rs. 30,000 to the plaintiff, the defendant can claim a set-off for Rs. 30,000, reducing the plaintiff’s claim.
  2. Counterclaim (Order 8, Rule 6A): A counterclaim is a claim made by the defendant against the plaintiff in response to the original claim. It is essentially a cross-suit within the same suit. In the counterclaim, the defendant asks for relief, either as an independent claim or in relation to the plaintiff’s claim.
    • Provisions for Counterclaim:
      • A counterclaim can be made in the written statement, and it is treated as a separate suit for all practical purposes.
      • The defendant can file a counterclaim for any claim that could have been filed in a separate suit. The defendant is not limited to a claim for set-off, and they may seek relief like damages or recovery of money.
      • The counterclaim must be pleaded in the written statement, and it is governed by the same rules that apply to the plaint, including the necessity of a prayer for relief.
      • The plaintiff may file a written statement to the counterclaim, and the court may pass a decree in favor of either party.
    Example: If the plaintiff sues the defendant for Rs. 1,00,000, the defendant may file a counterclaim for Rs. 50,000 against the plaintiff for a separate matter.

Summary

  • A written statement is the defendant’s response to the plaint, filed within 30 days (extendable up to 90 days) from the service of summons.
  • Set-off allows the defendant to reduce the plaintiff’s claim by a debt owed by the plaintiff to the defendant.
  • Counterclaim allows the defendant to raise an independent claim against the plaintiff in the same proceeding. It must be made in the written statement and can seek relief like a separate suit.

QUESTION – Write short notes onthe following (a) Affidavit (b) Amendment of Pleading

(a) Affidavit

An affidavit is a written statement of facts that is sworn or affirmed before an authorized person (such as a notary public or court officer). It is used in legal proceedings to present evidence, confirm facts, or support a legal application or petition. The person making the affidavit (the deponent) must sign it, and their signature is verified by a person authorized to administer oaths.

Key features of an affidavit:

  • Sworn statement: The deponent swears to the truth of the statements made in the affidavit.
  • Written form: It must be in writing and signed by the deponent.
  • Verification: The deponent must verify the affidavit by taking an oath or affirmation.
  • Used in court: Affidavits are used to support applications, petitions, or motions in court. They can serve as evidence or as a way of stating facts that the deponent is prepared to testify to in court.
  • Contents: It typically includes the title of the case, a statement of facts, and the deponent’s affirmation or oath that the contents are true to the best of their knowledge.

Legal Reference:

  • In India, affidavits are governed by the Oaths Act, 1969, and they are commonly used in civil and criminal cases to establish evidence or support petitions, such as those for injunctions, writs, or other legal motions.

(b) Amendment of Pleading

Amendment of pleading refers to the process of changing or adding to the written statements (pleadings) in a lawsuit. The amendment may involve altering the facts, adding new facts, or correcting errors in the original pleading.

Key features of amendment of pleading:

  • Order 6, Rule 17 of the CPC: This rule allows a party to amend its pleadings at any stage of the proceedings, subject to the court’s permission, to correct any mistake, add new facts, or clarify the relief being sought.
  • Reasons for amendment: Amendments are generally allowed if they are necessary to ensure that the court addresses the real issues in the case. The amendment should not cause undue delay or prejudice to the other party.
  • Types of amendments:
    • Substituting or adding facts: If new facts come to light, a party may amend the pleadings to include them.
    • Correcting clerical errors: If a typographical error or other minor mistake is found in the pleading, it can be amended.
    • Adding or altering claims: A party may add a new cause of action, defense, or counterclaim by amending the pleading.

Procedure:

  1. Application to the court: The party seeking an amendment must apply to the court, demonstrating the necessity for the change.
  2. Permission: The court must grant permission for the amendment after ensuring that the amendment will not result in injustice or prejudice to the other party.
  3. Timing: Amendments should be made at an early stage in the litigation process. However, they can also be allowed at later stages if justified.

Legal Reference:

  • Order 6, Rule 17 of the CPC provides the primary legal framework for the amendment of pleadings in Indian civil litigation. The courts have the discretion to allow amendments unless it causes significant delay, prejudice, or harm to the other party.

In summary, the amendment of pleadings allows for flexibility in legal proceedings, ensuring that the court is able to adjudicate on the real issues, and the affidavit is an essential tool to present evidence or statements under oath in a legal matter.

QUESTION- Write a draft on written statement.

Draft of a Written Statement

IN THE COURT OF [COURT NAME] AT [PLACE]

Suit No. [Number] of [Year]

[Plaintiff’s Name],
Plaintiff

v.
[Defendant’s Name],
Defendant

WRITTEN STATEMENT OF THE DEFENDANT UNDER ORDER 8 RULE 1 OF THE CODE OF CIVIL PROCEDURE

I, [Defendant’s Name], aged [Age], son/daughter of [Father’s Name], resident of [Full Address], do hereby solemnly affirm and state as follows:

1. Preliminary Submissions

1.1. I, the Defendant, submit this written statement in response to the plaint filed by the Plaintiff, dated [Plaintiff’s Suit Date], and deny the allegations made therein unless expressly admitted in this written statement.

1.2. The suit is not maintainable in its present form and should be dismissed with costs.

2. Admissibility and Denial of Allegations

2.1. In response to the Plaintiff’s claim, I admit/deny the following:

  • Paragraph [X]: [If the allegation is true, admit it; if false, deny it.]
  • Paragraph [Y]: [Provide your response and reasons for denial.]

2.2. I deny all allegations not specifically admitted herein and put the Plaintiff to strict proof of the same.

3. Defendant’s Version of the Facts

3.1. The facts of the case, as they stand, are as follows:

  • On [Date], the Plaintiff and I entered into a contract for [Purpose of the Agreement].
  • [Briefly provide the Defendant’s side of the events and facts that counter or alter the Plaintiff’s allegations.]
  • The Plaintiff’s claim is based on [specific document/act] which is not valid due to [reasons].

4. Set-off (If applicable)

4.1. The Defendant has a claim against the Plaintiff for an amount of Rs. [Amount] due to [details of set-off claim]. This amount is to be set off against any sum awarded to the Plaintiff in the present case.

5. Counterclaim (If applicable)

5.1. The Defendant files a counterclaim for the recovery of Rs. [Amount] against the Plaintiff based on the following facts:

  • [Provide facts that justify the counterclaim, e.g., money owed to the Defendant, damages caused by the Plaintiff, etc.]

5.2. A separate prayer for relief is made in the counterclaim.

6.1. The Plaintiff’s claims are not maintainable in law, and no cause of action arises against me. The suit is liable to be dismissed based on the following legal grounds:

  • [List the legal grounds for defense, such as limitation, lack of jurisdiction, invalid contract, etc.]

7. Relief Sought

7.1. In light of the facts and circumstances mentioned above, the Defendant respectfully prays that this Hon’ble Court may be pleased to:

  • Dismiss the suit of the Plaintiff with costs.
  • Grant the Defendant’s counterclaim for the sum of Rs. [Amount], along with interest.
  • Any other relief that this Hon’ble Court may deem fit and proper in the interests of justice.

8. Verification

I, [Defendant’s Name], the Defendant herein, do hereby verify that the contents of this written statement are true and correct to the best of my knowledge and belief, and nothing material has been concealed therein.

Verified at [Place], on this [Date].

[Defendant’s Signature]

[Defendant’s Name]

[Advocate’s Name]
Advocate for the Defendant
[Advocate’s Address]
[Advocate’s Enrollment Number]

Explanation of Key Sections in the Draft:

  1. Preliminary Submissions: This section introduces the Defendant and acknowledges receipt of the Plaintiff’s plaint while outlining the position that the Defendant holds regarding the suit.
  2. Admissibility and Denial of Allegations: The Defendant either admits or denies the specific allegations made in the plaint. Any allegations not expressly admitted are denied.
  3. Defendant’s Version of the Facts: This provides the Defendant’s side of the story and disputes or clarifies the Plaintiff’s version of events.
  4. Set-off: If the Defendant claims to owe the Plaintiff less money than the Plaintiff claims, or if the Plaintiff owes the Defendant money, this section is used to set off the debt.
  5. Counterclaim: If the Defendant has a claim against the Plaintiff, it is included as a counterclaim. The Defendant may seek compensation, damages, or other relief as part of the defense.
  6. Legal Grounds: This outlines the legal defenses available to the Defendant, such as the suit being barred by limitation, jurisdiction, or other valid reasons.
  7. Relief Sought: The Defendant’s prayer for relief is stated here. This includes a request for dismissal of the suit, the counterclaim, and any other relief deemed appropriate by the court.
  8. Verification: The Defendant verifies the truthfulness of the statement, ensuring that everything stated in the written statement is correct.

This format and structure comply with Order 8, Rule 1 of the Code of Civil Procedure (CPC) and can be modified according to the facts and specific requirements of a particular case.

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