PLEADINGS & CONVEYANCING

Q-1 WHAT IS PLAINT. DISCUSS ITS NECESSARY CONTENTS. 1. The plaint shall contain the following particulars:a) the name of the Court in which the suit is brought; b) the name, description and place of residence of the plaintiff; c) the name, description and place of residence of the defendant, so far as they can be ascertained; d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; e) the facts constituting the cause of action and when it arose; f) the facts showing that the Court has jurisdiction; g) the relief which the plaintiff claims; h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees so far as the case admits. 2. Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed; But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, the plaint shall state approximately the amount sued for. 3. Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement of survey, the plaint shall specify such boundaries or numbers. 4. Where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps(if any) necessary to enable him to institute a suit concerning it. 5. The plaint shall show that the defendant is or claims to be interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff's demand. 6. Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed. 7. Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement. 8. Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds they shall be stated as far as may be separately and distinctly. 9. The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any) which he has produced along with it.

Q-6 DRAFT A PARTNERSHIP DEED.

Partnership Deed Of______________________________ This deed of partnership is made at Rawalpindi on 22nd day of April 2010 by and between: 1. _________ son of _____________, resident of ____________________Karachi. (First Partner). 2. _________ son of _______________, resident of ____________Karachi(Second Partner) The said partners have mutually agreed to form a partnership on the terms and conditions mentioned below: THIS DEEDS OF PARTNERSHIP WITNESS AS UNDER 1. That the name and the style of the firm shall be _________________ with the office situated at _______________________ and the partners may open or close any other branch office or offices anywhere they may deem fit and profitable.

2. 3. 4. 5. 6.

That both the partners have invested equally in the said business equally. That the partner No.1 will be the managing director of the above said firm. That the capital of firm will be contributed by the partners as per book of accounts. That the business purpose of the said firm is marketing, general order supplier, import export etc. That both the partners have invested equal capital (50% each) in said business and contributed by the partners will be distributed (profit and loss @ 50 %) between the parties. 7. That if any partner wants to equate from partnership who shall give 02 months prior notice to other partner. 8. That the bank account shall be opened with mutual consents of the parties in any schedule or non-schedule bank by the name of the above said firm and shall be operated by both the partners. 9. That in case of death of any partner, his legal heirs will be step into shoes in the same person and conditions. 10. That the monthly enrolments of the working partner will be as per book of accounts and will be received as and when income increase with mutual agreement of both the partners. 11. That both the partners shall maintain accounts. That other partner shall have right to inspect the same at any time. 12. That partnership shall be, in no way responsible for personal debts and liabilities of partner for their individual capacities. The firm shall pay the super/income tax if any. 13. That in case of dispute of any point between the partners the matter shall be referred and the decision of the Arbitrator under the provision of arbitration Act 1940 whose decision shall be final and binding upon the partners. IN WITNESS WHEREOF the parties hereof have affixed their signature to this instrument of partnership in the presence of witnesses who have subscribed. PARTIES NAME WITH SIGNATURE Witnesses: Q-7 DRAFT A SPECIAL POWER OF ATTORNEY.

SPECIAL POWER OF ATTORNEY

TO KNOW ALL MEN BY THESE PRESENTS THAT,I, ______________S/O ___________, adult, Muslim, R/O _________________________________________, do hereby appoint, nominate, constitute ordain and authorize to ________________S/O ______________, Adult, Muslim, R/O _________________________________, CNIC No.________________ as my lawful Attorney to do the following acts, deeds, things matters in our names and on my behalf. That our above named Attorney fully authorize and empower in respect of Property No.____________ consist of Three Offices and Seven Shops situated at _____________and Property No.____________ consist of Two Offices, situated at _____________________, to defend and deal above properties in respect of possible future litigation, process of receiving compensation and at all legal forum. 1. To apply and to get approve map to make construction, addition, alteration of the property/house as he deem fit and proper in my name and on my behalf. 2. To . sign verify any file, plaint, written statement or to move and sign applications and appear and give statements in evidence. 3. To appear and act in the all Government/ Semi Government offices/ Departments I Banks / specially in the Office of Revenue Departments/ Concerned Mukhtiarkar, D.C.O, E.D.O, D.D.O(Revenue) / Tapedar and all Revenue Courts/ Utility Bills Organisations/House buidling Organisations. 4. To appear and act before the all Courts of Pakistan Civil, Revenue, District & Sessions / High Court / Supreme Court of Pakistan / before the Appellate Bench(s) and to file suit, case(s) appeal, writ petitions/memorandum of appeal, Objection and to submit and receive the relevant papers on my behalf. 5. To let out the said property on rent / lease and to receive rent and make rent agreement in my name and on my behalf and can issue receipt of rent amount/advance money. 6. To look after and manage the said properties and to deal it's all and whatsoever matters and to make any correspondence with the authorities as per legal requirements as he deem fit and proper in my name and on my behalf.

Generally to do all acts, things and deeds which need or necessary which are mentioned above or not shall to do my said Attorney in respect of the said properties and all such acts things and deeds shall be ratify and confirmed by me as the same may be done personally. I agree that whatever the acts and deeds are done by my Attorney shall be construed as the same have been done by me personally and I, undertake to confirm the same by virtue of this Special Power of Attorney executed and signed on this ____,day of _________,before Witnesses. SPECIMEN SIGNATURE OF ATIORWEY ___________________ S/O _______________ CNIC No.________________ WITNESSES 1. __________________________ 2. _________________________ EXECUTANT _________________ S/O _______________ CNIC No.________________

PROMISSORY NOTE
l. Promissory Note Common Form Karachi Dated 7/3/53. Rs. 3,000 On demand, I promise to pay to ____________, son of ________ resident of ____________, Karachi, the sum of Rupees three thousand only (Rs, 3,000), with interest at the rate of 6 per cent. per annum until payment, for value received. ___________, son of ___________, Resident of____________________. 2. Promissory note Joint and several liability Dated 15-3-53. Rs.4,000 On demand we, jointly and severally, promise to pay to __________, son of ___________resident of ___________, Karachi, or order, at Karachi, the sum of Rupees four thousands only, with interest at the rate of Rupees one per cent. per mensem until payment, for value received. ___________, son of ___________, Resident of____________________. 3. Promissory note for a loan Karachi, January 30, 1953. Rs.500. In consideration of the loan of Rs. 500 (five hundred only) advanced by AD etc., to me, I hereby promise to repay the said loan of Rs. 500 with interest at______ percent. per annum to the said AD or order on demand. Signed ____________CD

DIVORCE DEED

WHEREAS A MARRIAGE CONTRACT was entered into on the 3rd of August, 1948, between me, __________, son of _____________, resident of ___________, District ________, of the one part and ___________, daughter of __________________of Queens Road, __________of the other part. AND WHEREAS the parties in the first instance lived amicably for about two years, but later. differences cropped up and there were constant quarrels and unhappy alterations which gave rise to bad blood between the parties and in spite of repeated efforts of the parties' relations to bring about a settlement the affairs of the parties went from bad to worse and could not be right; and no alternative having been left with me but to divorce the other party : NOW THIS DEED WITNESSES that, I, the said __________, do hereby divorce _________ by pronouncing upon her talak and by severing all connections of husband and wife with her forever and for good THENCE-FORTH the said ______________ stands under no obligation to me as wife and. after the expiration of the period of iddat, it shall be lawful for her to contract marriage with whomsoever she may choose to do. IN WITNESS WHEREOF, I, the said ____________, do here by set my hand to this deed of divorce this 4th day of April, 1953. ___________. Witness___________son of __________, ___________, Lahore. Witness_________, son of _________, resident of __________, Lahore.

12(2) APPLICATION
Where a person challenges the validity of a judgment, decree or order on the pica of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order and not by a separate suit. GROUNDS FOR DISSOLUTION OF MARRIAGE. A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known for a period of four years; (ii) that the husband has neglected or has filed to provide for her maintenance for a period of two years; (ii-A) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (v) that the husband was impotent at the time of the marriage and continues to be so; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated; (viii)that the husband treats her with cruelty, that is to say, (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute of leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (e) obstructs her in the observance of her religious profession or practice, or (f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran,

Q-2 Discuss the procedure of pleading and as to when court may allow to amend the pleadings and under what circumstances? PLEADINGS GENERALLY 1."Pleading" shall mean plaint or written statement. 2. 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, and shall, when necessary, be divided into paragraphs, numbered consecutively-Dates, sums and numbers shall be expressed in figures. 4. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. A further and better statement of nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms as to costs and otherwise, as may be just. 6. Any condition precedent the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading. 7. No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. 8. Where a contract is alleged in any pleading, a bare denial of the same by the opposite-party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract. 9. Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material. 10. Wherever it is material to allege, malice fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred. 11. Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, are material. 12. Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative. 14. Every pleading shall be signed by the party and his pleader (if any): Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf. 15.Every pleading shall be verified [on oath or solemn affirmation] at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. (2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information (3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed. 16. The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit. 17. 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.