Types of Plaint

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THE Table

Type of Order/ Court/ jurisdiction Parties Valuat Suit Affidavit/ Must include in plaint
plaint rule/se addressed ion number verify.
ction as
Simple O. VII R. City civil judge/ sr. dn./jr. dn.- Plaintiff/ Value + O.S. No both Include details of the pronote. Relief- “pleased
Money suit 1 depends value+where defendant interest + _/2013 to pass a decree in favour of plaintiff for X
defendant is. File in place with notice amount with current costs and interests”. More
property if attachment is charges than one defendant- Sec. 20(c). If limitation is
needed there- Sec.19, 18, Art. 35. Request to set aside
limitation- Sec. 5
Declaration of “ Wherever property is located + “ Value of “ “ Give details of the dispute+ show your
title and value whole ownership. Show that you requested defendant.
permanent land- Relief- Declaration of title, permanent injuction
injunction valuation preventing encroachment, interference of
under peaceful possession etc. + costs
sec. 24
App. For O. 39 R. Same court as plaint “ NA O.S No. _ Affidavit I.A.- “under O.39 R.1, the plaintiff
temp. injc. 1/2 I.A No. _ only aforementioned prays that for the reasons
stated in the affidavit annexed herewith, this
court may be pleased to pass an order granting
temp. injc.
Affidavit- brief facts + show why you need TI.
Balance of convenience
Prayer- TI preventing D from..
Written O. VIII “ “ NA O.S. No both Specifically deny everything- deny COA and
Statement R. 1 _/2013 Fee and mention barred by limitation if any.
Simple O. VII Wherever the property is “ Value+ “ both Attach deed + notice- relief- ask for payment of
Mortgage suit R.1 located interest + amount +interest+ costs. Failing which, request
notice for filing an application requesting for final
decree for sale/foreclosure
Partition suit O.VII Wherever any of the properties “ Value of “ “ Need to say that you are in possession under
R.1 is located P’s law, mitakshara family, who is karta etc.
Share, Describe the family. State where you stay.
35(2) of State you requested, but it was denied. State
court fees why you need property. Relief- Declare as
act HUF property, pass decree stating P is entitled
to share, direct D to execute partition and
deliver possession and pay costs.
IA for O.26 r/w Court where suit is instituted “ NA O.S No. _ Affidavit “seize and account for the movable properties
Commissione Sec.151 I.A No. _ only mentioned in..”. mention the place where
r properties are situated. “under O.26… the
plaintiff prays that for the reasons stated in the
affidavit affixed hereto, the court may be
pleased to”: ask for inventorising, ex parte,
permission to break open doors.
Affidavit: mention reasons for all of these
things- they may hide property, they are
influential etc. etc.
IA for O.32 R. 3 “ “ NA “ “ IA- Reasons stated in the affidavit affixed
appointing Affidavit- brief facts, who should be the
guardian guardian and why- mother, natural guardian, no
prejudicial interest, residing with kid etc.
Receiver O.40 R. 1 “ “ NA “ “ IA- state the property details for which you
appointment need a receiver. “take over estate and manage it
application till the end of the suit”
Affidavit- state why its important to maintain
the coffee estate. Apprehend fudging of
accounts. “receiver may be appointed to take
over the estate and maintain it with proper
accounts under the supervision of the court”
Suit for O.7 R. 1 Place where property is “ Only O.S. No. Both Ask for the D to be directed to do a positive
Mandatory situatuated injunctio _/2013 act- eg. Take down a construction or rebuild it
Injunction Court- depending on value of n- Sec. or something
the property 26 Relief: direct D by means of an MI to do
something. SCHEDULE NOT NEEDED
Application to O. 22 R. Court where suit is filed “ NA O.S No. _ Only IA- reasons in the affidavit- only mention what
implead LRs 4 I.A No. _ Affidavit you seek to do- implead so and so as LR and
amend cause title. Full addresses.
Affidavit- reported on a date that the guy is
dead. Right to sue survives. X and Y are the
only LRs. Pleased to permit me to amend the
cause title and implead the aforesaid two
persons as defendants.
Application O.20 Plaintiff/respo Already O.S No._ Only Applicable when you have a decree for title+
for mesne R.12 ndent paid with (number of verification possession+ mesne profits
profits suit (u/s. original State that you got the decree in your favour-
42) suit) plaintiff has gotten possession after executing
App. u/O. the decree. Suit property was in wrongful
20 R. 12 possession for _ time- estimate mesne profits.
CPC State court fee of _ is already paid. Court fee
(NOT an payable for MEsne profits is _ and balance is
IA. Not a herewith paid.
petition) Prayer: prays that this court may finally declare
that ptf is entitled to _ as mesne profits and
direct dfdt to pay such amount and costs.
Application O. 38 R. Court where suit is filed “ NA O.S No. _ Only IA- request for attachment of the property-
for 5 I.A No. _ affidavit mention it.
Attachment of Affidavit- mention that the D has these lands. P
property will be greatly prejudiced if the property is
disposed off or something
Application to O.22 R. “ “ NA “ “ IA- “pleased to set aside the order of abatement
set aside 9, Sec. 5, which has occurred due to…”
abatement Limitatio Affidavit- If its within 90 days- prove that you
n act didn’t know of the death of the dude. Say you
have filed the application to bring LRs on
record
After 90+60 days- IA- “pleased to condone the
delay in filing for setting aside abatement”
Affidavit- prove how by the time the death got
reported, 150 days were over etc etc.
NOTE: there are 3 separate applications that
have to be filed together- bring LRs on record,
Set aside abatement under O.22 R.9 and
condone delay under Limitation Act.

Amendment O. 6 R. In the same court suit is filed Plaintiff/respo NA “ “ Court may be pleased to allow ptf to amend te
of pleadings 17 ndent plaintas follows: specifically put in quotation
what parts of the plaint have to be changed,
added removed. Give reasons in affidavit.
Mention the new circumstances that give rise to
need to change the plaint. State that plaint is
likely to get dismissed- need to prevent
multiple suits.
Amendment O. 1 R. “ “ NA “ “ Allow ptf to amend the cause title to implead
to cause title 10 <> S/O <> residing at <> in place of <>…
In the affidavit, mention that the person being
impleaded is a necessary and proper party.
Give reasons for why he needs to be impleaded
now.
Interpleader O. 7 R. 1 Place where cause of action “ Value of O.S. No Both Must mention- no collusion, both claims by the
suit arose the entire _/2013 Ds severally and independently made, P has no
property interest in the property, no knowledge of any
in pending case on the subject matter, entrust
question property to court, excuse P. COA- when 2nd
defendant came. Relief- direct D to interplead,
excuse plaintiff from the suit, deliver property
to rightful owner and pay P his costs.
Suit for “ Place where property is “ “ “ “ Give main conditions of the agreement to sell
Specific situated in the facts. Important to say that P gave notice
Performance and requested D to perform. Attach notice and
sale deed. Deposit remaining amount with the
court as a sign of willingness- “always ready
and still ready”
Relief- receive remaining amount and execute
deed, transferring property, paying cost.
Alternatively- damages of X amount plus
interest. Calculate new court fees and pay the
difference.
Suits against “ Place where land is situated/ “ “ “ “ Cause Title- State Govt, represented by X
the where COA arose Plaint- mention that govt has no right to enter
government your land w/o acquisition. State that you have
waited long enough for limitation to kick in.
State that notice was served.
No notice- Sec. 80(2)- usually for cases of TI
against the government- must show urgency-
this para comes after the Jurisdiction one. P
seeks leave of the court under Sec. 80(2) to
proceed with the suit W/o notice.
Original Various Court where associated suit is Petitioner/res NA Misc. Only Similar format- “Under Sec. X, the Petitioner
petitions different filed pondent Petiton No. verification submits as follows” Relief- whatever specific
orders _/2013 relief you are asking for under the section.
Criminal Sec. 190, Court in whose jurisdiction Complainant/ NA CC No. None Similar format as the plaint. State the facts.
complaint Cr. P.C. COA arose accused _/2013 Mention sections of the offences. Include list of
witnesses AFTER signature.
Cognizable offences- must mention why you
are going directly to the court- “local goons,
police may be influenced”. Non cog offences
don’t need this para. Mention jurisdiction of
the court. Relief- “may be pleased to take
cognizance, summon, try and punish in
accordance with law”.
Bail Sec. 437 To the magistrate presiding Petitioner/res NA Crim. None Cause title- Resp is state of Karnataka
Application or Sec. over area where offence is pondent Misc. represented by police X.
439 committed Petition Ps are law abiding citizens. Not committed
Cr.P.C No._/2013 crimes-reason why they are likely ro be falsely
Sec. 439- Sessions/HC accused. MUST SAY that he has been arrested
for blah blah (under what section- this is
important to determine Sec. 439 or sec. 437)
Only the advocate signs.
Must mention- wont leave jurisdiction, wont
tamper/influence, will execute bond+obey
considerations, it will be inconvenient to you,
will affect reputation.
439- info collected does not implicate you +
offence stated is incorrect + P will not be able
to defend self if no access to lawyer +
investigation wont be hampered.
Anticipatory Sec. 438 Sessions or HC “ NA “ None Same as bail application- include that you came
Bail to know that your name is included in the list
of suspects and you anticipate arrest. Prayer-
“court may be pleased to direct the respondent
police to release P on bail immediately, subject
to the execution of the bond and all conditions
mentioned in the bail order in the interest of
justice”. Mention apprehension of being
harassed
Maintenance Sec. 125 Family Court/ Judicial Mag “ NA Misc. Verification Mention next friend of minor in cause title.
petition Cr. P.C First Class- place where the Petition only (“minor” in brackets). Same format as plaint.
petitioners and respondent No. _/2013 Mention the neglect, pestering, reason you left
have been residing (NOT etc. mention serving of notice demanding
Crim. separate maintenance- unable to maintain
Misc.) without a job and all. State the maintenance
reqd. and show how he is capable of affording
it. State jurisdiction.
In the signature, mention “X, for herself and as
next friedn and guardian of second petitioner”).
Relief- pass an award of maintenance directing
the R to pay
Response to Sec. 125 Same court as where “ NA “ “ Format similar to a written statement.
maintenance maintenance petition is filed Admit/deny paragraphs and facts specifically.
petition by Say allegations are baseless and conduct of the
husband R was normal. “dutiful husband”. Give reason
for why the P actually left- say you are
awaiting her return and are willing to maintain
them at home.
Say demanded maintenance is too much- cant
afford- too much debt financial crisis etc.
Relief- pleased to dismiss the petition
Cancellation Sec. 127 “ “ NA “ “ Briefly mention why the P and R are not
of staying together- just that there were
maintenance disagreements. Mention the details of the
petition Maintenance petition- number, filed in this
court etc. state that you have been paying the
maintenance- attach bank receipts.
State the reasons why the Rs can maintain
themselves.
Relief- “pleased to pass an order cancelling the
maintenance given under crim petition no. _
order passed on _; with effect from today.
Return of Sec. 451/ Court which has jurisdiction Petitioner/res NA Crim. None Start like a plaint. Identify the car and prove
confiscated 452 Cr. over the place where offence pondent. Misc. ownership by attaching documents. Give
property P.C. is committed Respondent is Petition outline of accident in brief and state the crime
state No. number/police station where it was registered,
represented _/2013, who impounded the property etc. State that
by the Crime investigation is complete if under 452, so don’t
relevant No._ (if need property. Otherwise, state that you will
police investigati bring the property back whenever needed. Must
on is not state 3 things- need the property, will get
complete, wasted if not used and will get the property
otherwise back when needed.
CC No._
Criminal Sec. 397, Sessions/High Court- depends Petitioner/Res NA Crim None Give allegation in original plaint and details of
revision Cr.P.C on where the trial was. Trial at pondent. Revision the order. Give the R’s contentions. Trial judge
petition sessions, file at HC. Trial at Have to Petition pronounced the order on wrong grounds- give
lower court, file in Sessions mention what No. _/2013 details of the reasoning. “revision petition
status parties before the Hon’ble court on the following
had in the grounds:” 1. Wrong to hold no entitlement
original suit despite the second wife- contrary to sec. 125. 2.
This is a good and justifiable ground for P to
leave. 3. Judge ought to have seen that R’s
offer to maintain was bogus. Prayer: call for
and remand the case to the FC, directing them
to re-examine the record of the proceedings in
crim misc. petition no. _ filed in the court on _
date, for the purpose of satisfying itself as to
the correctness, legality and regularity of the
said proceedings and the order passed thereon,
and set aside the said order and pass an order
granting`..”
Exemption Sec. 205, In the court where the hearing Complainant/ NA CC No. None Under sec. 205 (NOT 190). Accused submits
petition Cr.P.C is to happen accused _/2013 that case is due for hearing before this court on
(write on <>. Accused could appear on all dates but he
behalf of cant now because of whatever reason.
accused Presented vakalat form in favour of advocate
who will represent the accused on the hearing
date. Undertake to appear on all subsequent
dates.
Prayer- pleased to exempt accused from
appearing on X date. Signed by both
Bigamy Sec. 190, Court having jurisdiction over Complainant/ NA CC None Cause title- mention everyone- husband,
petition Cr.P.C place where second marriage accused No._/2013 second wife, family with whom he’s staying,
took place- this is the offence the purohit. Describe the first marriage- say
there was mistreatment. Mention that 2nd
marriage was performed knowing the first
marriage still subsisted- sections 494 IPC and
Sec. 114 r/w 494. Mention jurisdiction. May
mention notice for maintenance u/s. 125
Prayer- take cognizance, summon, try and
punish.
Appeal Regular Court that you’re appealing to- Appellant/ NA Regular NA Details of the decided suit. Clearly mention the
appeal- Sr. div, HC, SC ( status in Appeal grounds for the appeal- things like limitation,
Sec. 96 lower court) No. _ too much reliance on evidence by shady parties
Second Respondent( (or R.A. etc.
appeal to Status in No.) Attach certified copy of judgment and decree.
HC- 100 lower court) CF- depends on whether dismissed or partly
SC dismissed. If suit is partly dismissed, calculate
appeal- the value of the part not dismissed. If dismissed
109 fully, same fee as plaintiff.
He’s likely to give appeal on procedural
irregularity. Prayer: court may be pleased to set
aside the judgment_ and decree this suit in
favour of the appellant with costs throughout
Criminal Sec. 372, Next higher court- normally “ NA Crim. NA Depends on the procedural irregularity:
Appeal 375 or sessions Appeal Irregularities in summons procedure: Ss. 279,
378. N0. _/2013 336, 337, 338, 304-A
Cr.P.C Other sections which may be applicable- Ss.
251-259, 313, 207, 255, 360 (probation).
Warrant cases- 238. Negotiable instruments-
Ss. 138-146
Language-“learned mag failed to..”, “learned
mag ought to have”, “learned mag erred in etc.
harp on things like first offence, livelihood etc.
Prayer: set aside decree passed by the _ , and
instead impose _which may be deemed fit in
the interest of justice
Defamation O. VII R. Court where cause of action Plaintiff/Defe Valuation O.S. No. Both Respondents- publisher and printer and editor.
suit for 1 arose- where the publication ndant is _/2013 Affidavit + Give facts and the basic content of defamatory
damages happened/ where the words according verification material. Say they acted “falsely and
were uttered to maliciously” to injure the plaintiff- suffered
damages mental pain and been lowered in the reputation
of the plaintiff.
Dfdt under legal obligation not to injure the
reputation of the plaintiff- breached this duty.
Estimate and append damages. Mention notice
if sent. Append notice and defamatory material.
If it is slander, list out witnesses. COA- when
material published/ words uttered.
Prayer: pass a decree against D directing them
to pay damages with costs and interests.
Nuisance suit “ “ “ Valuation “ “ Give details of where you stay- where the dde
+ damages for is operating his flour mill. State that plaintiff
injunctio suspects no license for the same and mill is
n- Sec. operated at all odd times- disturbing plaintiff.
26 Plaintiff has legal right to stay in property
without nuisance- dfdt Breached this right. Ptf
approached dfdt many times to no avail- hence
necessary to file suit.
Prayer: pass a decree restraining dfdt by way of
permanent injunction from operating mill
Suit for “ Court where property is “ Valuation “ “ Details of mortgage- attach deed. Say plaintiff
redemption located is requested execution of release deed. Sent legal
according notice also.
to the Dfdt is under legal obligation to release the
mortgage property- breached this obligation hence this
loan suit.
amount DEPOSIT LOAN AMOUNT.
COA- when ptf tendered loan amount to Dfdt.
Prayer: decree for redemption of the mortgage
property and deliver possession of the same.
Attach schedule.
Suit for “ “ “ “ “ “ Details of mortgage- type of mortgage- if its
redemption conditional sale- on default it becomes
absolute. Say that dfdt has been approached but
refused to pay, hence this suit. Attach deed and
notice
Prayer: pass a decree declaring conditional sale
to be absolute and declaring dfdt and all
persons claiming under him are permanently
barred from accessing right to redemption to
the property.
Suit for “ Court under whose jurisdiction “ Valuation “ “ Partners not allowed to start competing
dissolution of partnership firm is doing on the business + maintenance of accounts. Must state
partnership business basis of that Partnership accounts have never been
what is settled till date and dfdt has breached
due to the partnership agreement by not rendering proper
ptf- Sec. accounts- not possible to carry pout business
34 of like this. Mention you don’t just want to
court fee dissociate from the partnership but that you
act want complete dissolution. Attach notice sent.
Estimate profits and undertake to pay
additional court fee if profits are more. COA-
when notice issued.
Prayer- decree declaring partnership stands
dissolved, and for a/c of Ptf from
commencement till dissolution and costs.
Suit against “ In the court where the goods “ Valuation “ “ Dfdt is common carrier- carries goods for
common were entrusted or where they according reward. Consignment note was made on _
carrier were to be delivered to the (affix the note). State the damage caused- value
damage of the same. Dfdt hasn’t paid value despite
sustained demands. COA- when goods were entrusted
and and when loss of goods was first known on
claimed delivery.
Prayer: Pass a decree for the loss amount with
costs.
Suit for
damage to
immovable
property

Conveyances- made/executed

1. Agreement to sell
2. Lease deed
3. General power of attorney
4. Sale deed
5. Will
6. Mortgage deed
7. Gift- made on
8. License deed
9. Indemnity bond
10. Partnership deed
11. Hire purchase agreement
Original petitions:

1. O.33 R.1- Indigent person


2. O. 21 R. 90- setting aside irregular sale
3. O.21 R. 89- petition for setting aside sale after depositing amount
4. O.21 R.58- application for removing attachment of 3rd party
5. O.9 R.9, R.13- Ex Parte decrees
6. O.20 R. 12- Mesne profits
7. O. 6 R. 17- amendment of pleadings
8. O. 1 R. 10- amendment of Cause Title.
9. O. 40 R. 1- appointment of receiver

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