Legal Drafting by ADV

Legal Drafting By ADV. RAJARAM S.
RETAWADE
M. A. (Hons)(Eng); LL. M.; D. I. T. Ex-Special Judicial Magistrate, Pune District Courts, Pune.
PART - I
GENERAL INTRODUCTION
Before the 1968, there was no such subject ever taught at the LL. B. Degree level. Then, the course
was revised and consisted of two years. However, on the event of its being introduced at the LL. B.
degree level, this subject came to be taught first time. Undoubtedly, Legal Drafting has to be
considered the most important subject, not only from the view-point of passing through law
examinations, but really from the point of legal and real practice, for after passing out the LL. B.
degree examination and while entering into the profession, there is no guidance as such imparted
with special reference to this particular subject. When the junior advocates join the chambers of
some seniors, they are not, in fact, provided with any instruction or guidance, only for the simple
reason that if the senior is really senior, he shall have no time to spare for juniors, and if some senior
has time, he will not be competent or able to do so.
Writing is an art, and the same could be or should be developed only by self-practice, and it cannot
be accomplished by reading books. Hence, the importance of Legal Drafting is not only great but also
very very great. With a view to having, at least, some command on Legal Drafting, one has to make
sincere efforts to master it. If you can draft and write, you shall have no difficulty to practise in the
legal field, and you will start getting the work and fee right from the beginning of your practice.
There is no exaggeration on my part in making such a bold statement, because you can yourself
experience the very truth behind it. My experience in teaching this subject for the period of over one
and a half decades has taught me how to draft, and it is only by virtue of such a practical experience
that made me to write books on the subject-matter.
The subject of Legal Drafting can be discussed and divided into four main parts as follows :
[1] General Principles of Civil Pleadings,
[2] General Principles of Criminal Pleadings,
[3] General Principles of Conveyancing and Drafting of Deeds and Documents, and
[4] Law of Advocacy and Professional Ethics.
4 Legal Drafting
Before touching any topic for study, we should know the meanings of the titles and basic terms such
as Drafting, Pleadings and Conveyancing as explained below :
(A) Drafting : To draft = To draw up = To outline in the form of rough notes.
(B) Pleading : (Definition, according to the Civil Procedure Code)
Plaint or written statement. All statements are written statements.
To Plead : To address the court as an advocate on behalf of the plaintiff or the defendant,
i.e. client.
Pleadings : Formal written statements, replies to the accusations made by the parties in a
legal action.
(C) Conveyancing : To convey= To give to somebody full legal rights in land or building =
Real Property = Land and Buildings.
Conveyance : A document conveying the property.
The meaning of the word DRAFTING is to draft or to draw up or to outline in the form of rough
notes, while PLEADING, according to the Civil Procedure Code, means a plaint, or a written
statement. Therefore, all pleadings are written statements. To plead means to address the court as
an advocate on behalf of the plaintiff or the defendant, i.e. client.. Hence, pleadings mean formal
written statements or replies to the accusations made by the parties in a legal action. The meaning
of the word CONVEYANCING is to convey or to give to somebody full legal rights in land or building,
which is called real property, and real property includes land and buildings. A conveyance means a
document conveying the property.
As the Sun needs no introduction, the importance of the study of law need not be explained. It is
said that Law is the King of the Kings. It is, therefore, most powerful and rigid, too. In the whole
world, there can be nothing stronger than law. With legal power, even the weak may be superior to
the strong. At this background, we have to consider the fact
Legal Drafting 5
thatof Law is the King of the Kings, drafting of pleadings and conveyancing is undoubtedly the Queen
of that King.
Legal profession being the oldest, it is always respected to be the most honourable in the world.
Even in the ancient times, the Roman advocates played a great role in the field of law. The history of
the law system in India is also very old, and we can say that India was never lacking behind the
world.
Pleading is an art, and like any other art, its perfection depends only on practice. Defective and bad
pleadings are too many, and they are like bad diseases. Pleadings in India are well known for being
loose and full of unwanted and irrelevant matters. Drafting of pleadings and Conveyancing in the
urban as well as rural areas cannot be called pleadings or conveyancing as such. They are usually
drafted and written in the vernacular language, and while doing so, the lawyers, or vakils, as they are
popularly known, always do their best to make vague allegations and evasive and many time
impudent denials. It is a fact in India as a whole that the lawyers are insufficiently instructed and
inadequately paid by their rustic clients who know nothing about their legal task. They are not ready
to give up the system and forms of pleadings and conveyancing handed over to them from
generation to generation. For example, in plaints or deeds of conveyancing, the details of the parties
are described in the old fashion such as age - adult, Indian inhabitant, Hindu Brahmin, etc. In all
private criminal complaints, all the drafting of pleadings at the rural and taluka level is done by the
unqualified clerks only. It is needless to say that in the recent past, the lawyers played a vital role in
the freedom struggle of India, and even though the personalities like Mahatma Gandhi and Pandit
Jawaharlal Nehru and so many others cannot be claimed to be the great lawyers, they were yet the
greatest patriots and citizens of the country who had the honour to belong to the legal profession.
Like the Indian population, the Indian bar is also the second largest in the world with over five lakhs
advocates on the roll. It is said that poets are born, but the lawyers are the persons who are made
rather than born. From the origin of the word Advocate, which is derived from the Latin word
Advocare which
6 Legal Drafting
means to summon to one's assistance, the importance of the role to be played by lawyers and
advocates need not be further explained.
Drafting is the very soul of legal profession, and the students of law
should study this subject, not only from the view-point of getting through
their law examinations, but also for the sake of their own viability in legal
practice. They should also remember that the legal education of a lawyer
never ends, and the legal knowledge of a lawyer or even a judge is always
learning. .
To become a successful lawyer, he should live like a hermit but without any hesitation or excuse on
his part, he should work like a horse. The lawyer is the custodian of civilization. No society will
survive without the existence of lawyers, and no lawyer will survive without the knowledge and
practice of Legal Drafting.
2. GOLDEN RULES OF PLEADING
In England, pleading is a customary law, while in.India, it is much codified. There are three golden
rules of pleading, and they as are as under:
[1] Plead facts, not law.
[2] Plead facts, not evidence.
[3] Plead facts, and only material facts.

Material facts mean relevant and important facts. The English Constitution is unwritten, while the
Indian Constitution is fully written. Even in the ancient times, the legal systems in India were perfect.
However, during the next periods, they have gone with the wind. Now, many thinkers have started
to consider the Indian Constitution to be a child of the English Constitution, and some even dare say
that English Constitution is the mother of the Indian Constitution. Though many of the Indian laws
originate in the English laws, such a view is totally wrong, because the English Constitution being
unwritten, it is unmarried, too, and an unmarried mother has no status. Therefore, it can be said
that the Indian Constitution is an adopted daughter of great many constitutional mothers in the
world. Hence, the Indian Constitution is endowed with all the beauties and qualities of all these
mothers in her alone.
PART - II NOTICES
3. NOTICE
HIGHLIGHTS
Notice means a warning, or an intimation (of what will happen). Notice is the foundation of every
legal action.
(a) Essential (Legal prerequisite) - Cause of action.
(b) To establish claims, bonafides, e.g. A suit for Partition.
(c) A notice is required under certain Acts, e.g. a notice under section 80 of the Civil Procedure
Code in respect of any claim against the Government.
Form :
= Title, Sender's Name, Address, Date, etc.
= The Name and Address of the Addressee.
= Authority. v
Kinds :
(a) Notice (Proper)
(b) Notice-Reply
(c) Rejoinder = A reply to the notice-reply. To rejoin means what is said in reply or to answer
back quickly (especially to an accusation).
To
Mr
Mrs
Miss =
Ms
Professor=
Barrister = Dr
M/s Adv.
(Mister = When there is no other better title),
(Mistress = A married widow, or even a widow).
(An unmarried woman).
(Both Mrs and Miss = When not known).
(Should be written in full as a title, but can be written
or abbreviated such as Prof, of Law, etc.)
(A person with a degree of Bar-at-Law).
(Doctor, either professional or a Ph. D. - Should written
in an abbreviated form only, because Doctor may be a
surname).
(Messrs = Messieurs = Plural of Mr = Gentleman).
(Advocate, a person enrolled as per the provision of
the Advocates Act.
10 Legal Drafting
Engr. = (Engineer - such a system has been in vogue only
recently).
Shri = (Shriyut = Respectful address to a man).
Smt. = (Shrimati = A Holy Woman = Sanskrit word).
Sou. = (Soubhagyawati = A Married Woman).
Kum. = (Kumari = An unmarried woman).
Sir/Sirs,
Madam/Mesdames = (Respectful address to a woman/women). Madam = (French = A married

woman - Not British or American).
Beginning of a Notice-Proper Under instructions from and on behalf of my client, Shri/Smt. etc. (Full
name and Address), I have to address you as follows :
Beginning of a Notice-Reply
Your notice, dated .......... given by you on behalf of your client,
Shri/Smt, etc. (Full name and Address), and address to my client, Shri/ Smt, etc. (Full name and
Address), has been placed in my hands with instructions to reply thereto as follows :
11 4. NOTICE TO ATENANT ON BEHALF OF HIS LANDLORD
RAJARAM S. RETAWADE, C-4/10, Shantiban Society,
M. A. (Hons)(Eng); LL. M.; D.I.T., S. No. 52/1, Kothrud,
Advocate. PUNE411038
Tele : 52 81 204
Dated
NOTICE REGISTERED A.D.
To
ShriT_N_T, 250 Shivajinagar, PUNE 411 005.
Sir,
Under instructions from and on behalf of my client, Shri LND, of 250 Shivajinagar, Pune 411005, I
have to address you as follows :
1. That the property bearing CTS No. 250 Shivajinagar, Pune City, is owned by my client.
2. That in the said property, you are a monthly tenant occupying two rooms on the ground
floor totally admeasuring about 480 sqft.
3. That the month of your tenancy is according to the English calendar, commencing on the
first day in a month and ending on the last day of the same month.
4. That the monthly rent for the premises occupied by you is @ Rs. 200/ - exclusive of all other
taxes and charges.
5. That since the month of January 200 you have not paid the rent
unto my client, and you have, thus, become a defaulter within the meaning, provisions and
interpretation of the Maharashtra Rent Control Act 1999.
6. That without the consent of my client, you have also erected on the
said premises a permanent structure by constructing and providing
therein a WC.
Legal Drafting
That you are well aware that the family of my client consists of as
many as ten members, and the premises in his occupation being
inadequate, my client requires the said premises for his personal
bonqfide occupation.
That you purchased a spacious residential flat in the Aum Cooperative
Housing Society at S. No. 40, Kothrud, Pune, and now, in fact, you
do not require the premises of my client, and you have not been using
and occupying the said premises for the last more than five years or
so.
That since you have not been occupying and using the said premises
during all this period, you have unauthorisedly and illegally inducted
some other person as a sub-tenant to reside in the said premises.
That the said sub-tenant has been causing annoyance and nuisance
to the neighbouring occupiers, and they have also serious complaints
against them.
That my client has time and again requested you to vacate the said
premises and hand over vacant and peaceful possession thereof
unto my client, but you have not done so.
That in the mean time, when my client reproached you about the
sub-tenancy and also other illegal acts on your part, you have
confirmed the information of my client when you told him that you
have purchased a residential flat at Kothrud and that you would be
vacating the premises of my client very soon, but again you did not
do so.
That from the total behaviour on your part, my client has come to
a tacit conclusion that you are neither in need of any other
accommodation for the residence of your family, much the less the
said premises, nor interested to use the same, and thus, you are
liable to vacate the said premises and my client is legally entitled to
recover the possession thereof from you.
That in the circumstances, my client does hereby terminate your
tenancy, and you are, therefore, hereby called upon to vacate the
said premises and hand over vacant and peaceful possession thereof
unto my client by the end of March 200 failing which my client
Legal Drafting 13
will be constrained to take against you an appropriate legal action, which please note, and in that
event, the total responsibility as to the costs and consequences of such action shall be that of yours,
which please further note. 15. That as the adamant and illegal behaviour part has necessitated this
notice, you are hereby charged with its costs, i. e. Rs. 1,000/- which please lastly note.
Yours faithfully, ( RAJ ARAM S. RETAWADE ) ADVOCATE.
14
5. NOTICE-REPLY ON BEHALF OF THE TENANT

TO THE ADVOCATE OF THE LANDLORD
SUDHAKAR E. AVHAD, 16/1 Siddharth Chambers,
B. Sc. (Hons); LL. M., Erandwana, Karve Road,
ADVOCATE. PUNE 411 004
Phones: 5431424, 5431434
Dated
NOTICE-REPLY (REGISTERED A.D.) To
Shri R. S. Retawade,
Advocate,
C-4/10, Shantiban Society,
S. . No. 52/1, Kothrud,
PUNE 411 038.
Dear Sir,
Your notice, dated given by you on behalf of Shri LND, 250
Shivajinagar, Pune, and addressed to my client, ShriTNT, 250 Shivajinagar, Pune, has been placed in
my h?mds with instructions to reply thereto as follows :
1. That the contents of para 1 of your notice are true and correct, and hence need no
comments.
2. That the contents of para 2 of your notice are likewise true and correct, and hence call for
no comments.
3. That the contents of para 3 of your notice are also true and correct, and hence admitted by
my client.
4. That the contents of para 4 of your notice are partially true and partially misleading, and my
client makes it clear that the said amount of rent is inclusive of all other taxes and charges.
5. That the contents of para 5 of your notice are totally false and frivolous, and while denying
the same, my client states that as your
Legal Drafting 15
client refused to accept the monthly rent, my client has always had been sending the amounts
towards the same by money orders, and hence, my client has never become a defaulter within the
meaning, interpretation and provisions of law.
6. That the contents of para 6 of your notice to the effect that my client has erected any
permanent structure in the premises are totally false and hence denied by my client in to to.
7. That the contents of para 7 of your notice to the effect that my client has purchased any flat
in the so-called society amount to a sheer piece of fabrication on the part of your client, and my
client makes it very clear that it is your client alone, and not mine, who has constructed a big
bungalow at Kothrud, and for the last three and a half years or so, your client has also shifted his
own residence there, and as such, the boot is on the other leg.
8. That the contents of para 8 of your notice to the effect that my client has sublet the said
premises are imaginary and false, and hence denied by my client categorically.
9. That the contents of para 9 of your notice regarding the so-called annoyance and nuisance
are false, and since they are the inventions of your client, my client does hereby deny the same.
10. That my client furthermore adds that since your client has himself constructed a new
bungalow and already shifted his residence there, he does not require any premises for his personal
bonafide occupation, much the less the premises in possession of my client.
11. That in the circumstances, you are hereby requested to appraise your client of the fact that
he has no right or authority to terminate the tenancy of my client and that my client is not liable to
vacate the premises, and also that he has no cause to take any legal action against my client, and if,
despite all these facts, your client were to choose to do so, he shall be doing so at his own
responsibility as to the costs and consequences, and in that event, your client shall have to thank
none but himself for his own illegal action, which please ask your client further to note.
16 Legal Drafting
12. That my client is not liable to pay any costs of the said notice, which please ask your client
also to note.
13. That as the said illegal and unwarranted notice has necessitated this notice-reply, your client
is hereby charged with its costs, i.e. Rs. 1,000/-,-which please ask your client lastly to note.
Yours faithfully, ( SUDHAKAR E. AVHAD )
ADVOCATE.
17
6. A NOTICE TO A LANDLORD ON BEHALF OF HIS
TENANT

Advocate. PUNE411038
Tele : 52 81 204
Dated
NOTICE REGISTERED A.D. To
ShriL_N_D, 500 Shivajinagar, PUNE 411 005. Sir,
Under instructions from and on behalf of my client, Shri TNT, of 500 Shivajinagar, Pune 411005, I
1. That the property bearing CTS No. 500 Shivajinagar, Pune City, is owned by you.
2. That in the said property, my client a monthly tenant occupying one room on the ground
floor totally admeasuring about 200'sqft.
3. That the month of tenancy of my client is according to the English calendar, commencing on
the first day in a month and ending on the last day of the same month.
4. That the monthly rent for the premises occupied by you is @Rs. 150/ - inclusive of all other
taxes and charges.
5. That my client says that the building in which the premises of my client are situated has
become not only very old but also dilapidated, but it appears that you are not sincere in carrying out
any repairs thereto.
6. That my client says that even though you are duty-bound as the landlord of the said
premises to keep the premises in good condition and repair, you have completely failed to do so.
Draf-2
18 Legal Drafting
7. That it is a complaint of my client that there has been occasional cut¬off in respect of
electricity and water supply to my client, and sometimes you have been the author to withhold such
essential supply or service.
8. . That my client says that without any reason, you have recently increased the rate of
monthly rent from Rs. 150/- to Rs. 250/-, and the same being in excess of standard rent is illegal, and
you should, therefore, please realise and understand that you have no such right or authority to do
so.
9. . That in spite of the illegal and unauthorised increase made by you in the rate of the
monthly rent, my client is ready and willing to pay you only standard rent, and you are hereby
requested to get the same fixed.
10. That many a time, it has been experienced by my client that you are also not sincere in
collecting the monthly rent in time, and if there be delay in that respect, my client shall never be
liable for the same.
11. . That in the circumstances, my client does hereby request and call upon you to comply with
the demands hereby made by my client WITHIN THIRTY DAYS from the receipt of this notice, failing
which my client will be constrained to take against you an appropriate legal action against you,
which please note, and in that event, the total responsibility as to the costs and consequences of
such action shall be that of yours, which please further note.
Yours faithfully,
( RAJARAM S. RETAWADE )
ADVOCATE
19
7. NOTICE-REPLY ON BEHALF OF THE LANDLORD TO THE ADVOCATE OF THE TENANT
Phones : 5431424, 5431434
Dated
NOTICE-REPLY (REGISTERED A.D.) To
Shri R. S. Retawade, Advocate,
C-4/10, Shantiban Society, S. . No. 52/1, Kothrud, PUNE 411 038.
Dear Sir,
Your notice,, dated , given by you on behalf of Shri TNT, 500
Shivajinagar, Pune, and addressed to my client, Shri LND, 500 Shivajinagar, Pune, has been placed in
my hands with instructions to reply thereto as follows :
1. That the contents of para 1 of your notice are true and correct, and hence need no
comments.
2. That the contents of para 2 of your notice are likewise true and correct, and hence call for
no comments.
3. That the contents of para 3 of your notice are also true and correct, and hence admitted by
my client.
4. That the contents of para 4 of your notice are partially true and partially misleading, and my
client makes it clear that the said amount of rent is inclusive of all other taxes and charges.
5. That the contents of para 5 of your notice to the effect that the building in which the
premises occupied by your client are situated has become very old or dilapidated are totally false,
and my client
20 Legal Drafting
says and main tains that the said building is in a good condition, and my client has carried out the
necessary repairs from time to time, and hence my client does hereby totally denies the allegations
levelled by your client.
6. That the contents of para 6 of your notice are likewise totally imaginary, false and frivolous,
and my client makes it crystal clear that there is no reason for your client to have any complaint with
regard to the so-called cut-off in respect of electricity and water supply, and my client makes it
explicit that there are as many as ten tenants including yours, who are very happy in one and all
respects, and there should be no reason for your client to be a special man to say something
unwanted.
7. That the contents of para 7 of your notice are also based on wrong and misleading
instructions given to you by your client, and my client says and makes it ample clear that he has
never caused any annoyance or nuisance to anybody, and above all, he is a peace-loving citizen.
8. That the contents of para 8 of your notice as regards the increase in the rate of monthly
rent, my client says that the said increase is made on the basis of the amenities made available by
him, and again the same is permitted by the competent authorities as well as the other tenants
except yours.
9. That as regards the contents of para 9 of your notice, my client says that even though my
client goes to collect the monthly rent regularly and in time, it is your client who does not make
himself available either to pay the amount of the rent, or moves away leaving his door duly locked,
and my client cannot make repeated trips only in respect of a single tenant like your client, and
again, since my client has no complaint in that behalf, there should also be no reason for your client
unnecessarily to make capital out of nothing.
10. That in the circumstances, you are hereby requested to appraise your client of the fact that
there was no cause or reason to issue the said notice or to take any legal action against my client,
and if, despite all these facts, your client were to choose to do so, he shall
Legal Drafting 21
be doing so at his own responsibility as to the costs and consequences, and in that event, your client
shall have to thank none but himself for his own illegal action, which please ask your client to note.
11. That my client is not liable to pay any costs of the said notice, which please ask your client also to
note.
12.. That as the said illegal and unwarranted notice has necessitated this notice-reply, your client is
hereby charged with its costs, i.e. Rs. 1,000/-, which please ask your client further to note.
Yours faithfully,
( SUDHAKAR £. AVHAD )
ADVOCATE.
8. NOTICE TO TENANT FOR TERMINATING TENANCY
AVTNASH B. AVHAD, 16/1 Siddharth Chambers,
B.S.L.;LL.B., Erandwana, Karve Road,
Phones: 5431424, 5431434
Dated
NOTICE (REGISTERED A.D.)
To
ShriM_.. S_.. K_.., "Laxmichhaya" Building, 333 Shukrawar Peth, PUNE 411 002.
Sir,
Under instructions from and on behalf of my clients, (1) Smt. SNN, (2) Dr. DNN, and (3) Shri BNN, all
residents of 888 Sadashiv Peth, Pune 411030, I have to address you as follows :
1. That the property bearing House No. 333 Shukrawar Peth, Pune, was owned by the Late Shri
NHN, and on his death, his two sons and widow, i.e. my present clients, by heirship have become the
owners of the said property.
2. That you have been occupying Block No. 1 on the second floor consisting of four rooms in
the said building from the year 1971, and the month of your tenancy is according to the English
calendar, and the monthly rent is Rs. 150/-, besides the permitted increases and electricity charges.
3. That you had never been regular in making the payments of rent, and you have not paid any
rent to my clients since December 1980.
4. That even though my clients had from time to time and repeatedly made oral demands for
the payment of rent, you straightaway refused to pay anything due from you.
Legal Drafting 23
5. That, however, maliciously off and on, you sent money orders towards rent for 5/6 months
at a time, but since you had never offered all the arrears together, my clients did not accept the said
money orders.
6. That, therefore, my clients have instructed me to call upon you to make the payment of the
arrears of rent along with the permitted increases from December 1980 to this date WITHIN ONE
MONTH from the date of the receipt of this notice.
7. That the number 2 of my clients runs a hospital in the adjacent premises, and the premises
in his possession are wholly inadequate and insufficient for his hospital, and hence, my clients
require the premises in your possession for their bonqfide personal occupation.
8. That my clients do hereby terminate your tenancy by the end of March 200_., and you are
hereby called upon to vacate the said premises by then and to hand over vacant and peaceful
possession of the premises to my clients, failing which my clients would be constrained to take an
appropriate legal action against you, which please note.
9. That you are hereby charged with the costs of this notice, i.e. Rs. 1,000/-, which please
further note.
Yours faithfully,
( AVINASH B. AVHAD)
ADVOCATE.
9. NOTICE TO RECOVER A MEDICAL BILL
A. S. AVHAD, 16/1 Siddharth Chambers,
B. S. L.; LL. B., Erandwana, Karve Road,
ADVOCATE. PUNE 411004
Phones: 5431424, 5431434
Dated
To
Shri M D S_ ,
At/PO Kawathe Bk.,
Taluka Akole,
District AHMEDNAGAR. Sir,
Under instructions from and on behalf of my client, Dr. KKT, of Shubhashree Hospital, Kothrud, Pune
411 029, I have to address you as follows :
1. That you had been admitted to my client's hospital as a patient on 15th June 200_, and you
were treated there till the end of the month, and during this period, my client had also called the
other doctors to treat you.
2. That you were to pay a sum of Rs. 12,000/- to cover the nursing bill of my client, and since
you had no cash in hand, you issued a cheque for that amount, bearing No. 0420, dated 30th June
200_, drawn on the Ahmednagar District Cooperative Bank Limited, Akole Branch.
3. That, however, when the said cheque was presented by my client to his bankers for the
payment, the same was dishonoured by the Bank for want of necessary funds.
4. That since then, my client had time and again calling upon you to make the payment of the
bill, but so far, you have not paid any amount to my client.
Legal Drafting 25
5. That at the time of issuing the said cheque, you had represented to my client that there was
sufficient funds in your Bank account, and thus, you have clearly cheated my client.
6. Than in the mean time, the other members of your family had also been promising my client
to make the payment, but now it appears and proves beyond doubt that you are determined to
defraud my client.
7. That you are, therefore, hereby called upon to make the payment to my client of the said
amount of Rs. 12,000/- together with interest @ 15% p. a. thereon from 30th June 200_ to this date
WITHIN TEN DAYS from the receipt of this notice, failing which my client will be constrained to take
against you an appropriate criminal as well as civil action, which please note.
8. That you are also hereby called upon to please note its very seriously that dishonour of
cheque amounts to a criminal offence under the provisions of the Negotiable Instruments Act, and
you will also be liable for The same.
9. That as the adamant and illegal behaviour on your part has necessitated this notice, you are
hereby charged with its costs, i.e. Rs. 1,000/-, which please further note.
Yours faithfully,
( A. S. AVHAD )
ADVOCATE
10. NOTICE TO AN EMPLOYER FOR SETTLEMENT OF CLAIMS
B. R. RETAWADE, C-4/10, Shantiban Society,
B. S. L.; LL. B., S. No. 52/1, Kothrud,
ADVOCATE. PUNE411038
Tele : 52 81 204
Dated
NOTICE REGISTERED A.D. To
The General Manager, Kirloskar Press, Publication Division, PUNE 411 037.
Sir,
Under instructions from and on behalf of my client, Shri PMT, of 501 Narayan Peth, Pune 411030, I
1. That my client had been working in your Press since 1 st June 1983, and lastly, he was
serving as a Supervisor in the Circulation Department in Grade I. The service career of my client,
even from your records, would reveal that he has served your establishment without blemish, and
all along his work was rightly and highly appreciated by the management.
2. That on 1st June 200_, my client submitted to you a letter seeking retirement under your
scheme for voluntary retirement under which it is and was your practice to compensate the retiring
employees for the period between such voluntary retirement and the date when they would
otherwise retire. My client had also made it abundantly clear in the letter and understood his rights
with reference to that scheme that these benefits be allowed to him, and the letter for retirement
itself was conditional on the management's paying to him for such compensation.
Legal Drafting 27
That, accordingly, you were kind enough to accept my client's proposal, and my client was relieved
from the service with effect from
1st August 200_. The said letter, dated , speaks very loudly and
clearly about the extraordinary work that my client had put in to the establishment, and the said
letter also specifically states that the proposal of voluntary retirement as submitted by my client has
been accepted by you.
That since it was so plain and unconditional that my client had no reason either to doubt the
intentions or generosity of the management. However, when the management did not move for
about 5/6 months, on 1st March 200_, my client had called upon you to settle his dues immediately
and preferably before 31st March 200_, while to this
letter of my client, you sent a reply, dated , to the surprise of
my client stating that your Accounts Department has already paid to my client all and whatsoever
claims he was entitled to. However, at the same time, you were also good enough to state that if any
claims or grievances were there, my client should furnish specific information about the same, and,
accordingly, my client had
immediately, on , written to you a detailed letter, making it all
his claims to the management. However, the management to the surprise of my client took an
opposite stand, and by letter, dated
, your management altogether denied the liability of the
establishment for any further payments.
That according to my client, if he is given the benefit of voluntary retirement, he is entitled to claim
the following amounts from your establishment :
(a) Rs. 50,000/-
(b) Rs. 25,000/-
(c) Rs. 75,000/-
(d) Rs. 10,000/-
(e) Rs. 15,000/-
Rs. 1,75,000/-
_ Pay and Dearness Allowance.
_ Difference of Pay and Allowances.
_ Management Provident Fund.
_ Minimum Bonus.
_ Encashment of Leave. GRAND TOTAL (Rupees One Lac Seventyfive Thousand)
28 Legal Drafting
5. That it is needless to state that the letter of retirement being conditional, its acceptance by
itself, the management to pay all the claims which under such scheme M/s Kirloskar Brothers
Limited do pay, and if the management had intentions of denying those claims of my client, it was
incumbent upon the management to refuse to accept the letter of retirement. At the same time, my
client very earnestly and sincerely instructs me that he had very good and pleasant days with your
establishment and having served for so long a period with all his honesty and sincerity, he does not
wish to enter into unwanted and unnecessary litigation, and hence, this notice.
6. That you are, therefore, hereby called upon to immediately look into the matter and settle
the abovementioned claims of my client, failing which my client would be constrained to take an
appropriate legal action against you, and in that event, the total responsibility as to the costs and
consequences of such action shall be that of yours, which please note.
Yours faithfully,
( B. R. RETAWADE )
ADVOCATE.
29
11. NOTICE TO A BUILDER FOR COMPLAINCE
Advocate. PUNE 411 038
Tele : 52 81 204 Dated _____ NOTICE (REGISTERED A.D.) To
(1) M/s Anand Associates, "Vishwa Darshan", 100 Shivajinagar, PUNE 411 005.
(2) Shri Sachin Joshi, "Vishnu Bhawan", 200 Shivajinagar, PUNE 411 005.
Sirs,
Under instructions from and on behalf of my client, Shri BRG, of 1500 Shivajinagar, Pune 411005, I
1. That the property bearings. No. 80, FinalPlotNo. 25, of Shivajinagar, Pune 411 004, is held by
my client, and he had allowed to construct a building consisting of residential flats on the said
property, and you were to sell flats and shops to your customers, and my client had retained the
ground floor as it was then existing with himself. You had constructed one flat on the ground floor
and two flats each on the first and second floors, and of these, it appears that you have sold six flats
to your purchasers.
2. That it was agreed and understood that the property was to be subjected to the provisions
of the Maharashtra Apartment Ownership Act 1970 and the rules made thereunder. However, you
have not
30 Legal Drafting
been taking proper steps for doing so. In the mean while, you have submitted a draft of the
proposed declaration, which was neither in accordance with the provisions of law nor the terms and
conditions of the agreement between you and my client.
3. That you are hereby called upon to prepare and resubmit to my client immediately a
declaration defining properly the apartments, their percentage of ownership and drafting also the
bye-laws of the proposed condominium and to get the same registered at the earliest.
4. That it also appears that you have been trying to misuse the power of attorney given to you.
However, please note that it was a joint power conferred by my client and his wife, Smt. Hemalata,
who died
on , and, as such, ipso facto then only the said power stood
terminated, and you are further informed that if at all you contend that anywise the power you were
to continue, it hereby stands terminated.
5. That it seems that you are trying to pick up quarrels about the use of the common areas and
facilities. Please note that excepting the inner areas of your apartment, all the rest of the areas are
common areas and facilities, and, hence, all the gardens, courtyard, open spaces and terraces are
meant for the common enjoyment, and hereafter any obstruction on any of such area would be
treated as trespass by you on the common areas.
6. That you kept on the said property your own servant in an unauthorised hut whose presence
on the property is a nuisance to my client and other apartment-owners. You are, therefore, hereby
called upon to remove him from the premises, and hereafter make it a point that on the property,
there should be no person entering in the capacity of a servant, unless such an appointment is made
by all the members of the condominium in their meeting.
7. That an early compliance of all the abovementioned matters is called for, failing which my
client will have directly to call upon the other members of the condominium who would join him in
taking an appropriate legal action in the matter, which please note.
Legal Drafting 31
8. That if you fail to take an immediate action and do not comply with the demands made
herein by my client WITHIN TEN DAYS from the date of the receipt of this notice, you shall have to
thank none but yourself for your inaction and faults and follies, which please further note.
9. That as the adamant and illegal behaviour on your part has necessitated this notice, you are
hereby charged with the costs, i.e. Rs. 1,000-, which please lastly note.
Yours faithfully,
[ RAJARAM S. RETAWADE ]
ADVOCATE.
32
12. NOTICE TO THE MUNICIPAL CORPORATION ABOUT BUILDING PLANS
Phones: 5431424, 5431434
Dated
To
(1) The Municipal Commissioner, Pune Municipal Corporation, Shivajinagar, PUNE 411 005.
(2) The City Engineer,
Pune Municipal Corporation, Shivajinagar, PUNE 411 005.
Sirs,
Under instructions from and on behalf of my clients, (1) Shri BNN, (2) Shri DNN and (3) Shri PNN, of
300 Guruwar Peth, Pune 411002, I have to address you as follows :
1. That my clients had submitted to you construction plans with
necessary drawings and applications for constructing a multi-
storeyed building on their property bearing CTS No. 300 Guruwar
Peth, Pune, and, accordingly, the plans were sanctioned, and the
Corporation had also given the commencement certificate bearing
No. 2010, dated, and my clients were accordingly allowed to
construct on the said property a six-storeyed building as per the plans.
2. That my clients had long back started the work of construction, and
on , the Architect of my clients, Shri PHD, had requested the
Assistant City Engineer (BC) of the Corporation, to verify the part
Legal Drafting 33
plinth level and accord the clearance for the said work and further construction. However, instead of
doing so as per the rules, the Assistant City Engineer, Pune Municipal Corporation, by his outward
No. PB-100, dated informed the architect of my clients that
the construction should immediately be stopped and that the plinth completion cannot be given. By
the said letter, my clients have also been called upon to explain as to why the construction work has
been commenced by my clients on the said property in view of the
letters outward Nos. PB-105 and PB-107, both dated and the
said letters have been received by the architect of my clients on
and this reply includes the reply to the said letters also.
That, however, the letters referred to above by your said Department do not specify any particular
reason or ground for requiring the revision of the said drawings. On the contrary, my clients had
specifically informed your authorities that they have started the work of construction within the
required period, and therefore, there was no question of expiry of the construction permission.
However, by your letter, dated ' the Assistant City Engineer (BC) had disputed my clients' claim about
the work. However, the Architect
of my clients, Shri PHD, by his letter, dated had made it clear
that the interpretation of the authorities as to the meaning of the commencement of the work is
erroneous.
That the Architect of my clients had further submitted that the work done by my clients amounted
to the commencement of work, and your authorities in other cases also had accepted the said
position. However, the authorities had not cared to clarify the said position, and now, without
assigning any reason, you had been restraining my clients from carrying out the work, which they are
entitled to do in accordance with the rules and regulations in force, and, hence, your said
communication is totally illegal and bad in law. That it is incumbent upon you to specify the
particular rules and particular grounds on which you can require my clients to stop the work.
34 Legal Drafting
6. That you are, therefore, hereby called upon to immediately communicate to my clients that
you have withdrawn the said notice.
7. That under the Provincial Municipal Act, it is incumbent upon you to check and verify the
plinth as and when called upon you to give a clearance certificate to the citizens, and your denial to
do so itself is illegal. Therefore, please verify and check the plinth and give necessary clearance to my
clients.
8. That if the Corporation authorities fail to withdraw the said notice and to verify and give
clearance to the said plinth, my clients, after the expiry of the statutory period of this notice, would
be constrained to file a legal action against you, which please note.
Yours faithfully,
[ SUDHAKAR E. AVHAD ]
ADVOCATE.
35
13. NOTICE TO THE MUNICIPAL CORPORATION ABOUT DEMOLITION
D. M. BHALEKAR,
B. A.; LL. B., ADVOCATE.
16/1 Siddharth Chambers,
Erandwana, Karve Road,
PUNE 411 004
Phones: 5431424, 5431434
Dated ■
To
(1) The Municipal Commissioner, Pune Municipal Corporation, Shivajinagar, PUNE 411 005.
(2) Pune Municipal Corporation, Shivajinagar, PUNE 411 005.
Sirs,
Under instructions from and on behalf of my client, Shri RBJ, of 100 Mangalwar Peth, Pune 411002, I
1. That my client is lawfully occupying and using for his own business the properties bearing
House No. 100 Mangalwar Peth and Plot No. 25, Somwar Peth, Pune City, for the last so many years.
2. That my client has started thereon his business after obtaining due permissions from the
Government and the municipal authorities, and my client has also paid the property tax to you in
respect of the said properties.
3. That despite these facts, at the instance of some miscreants and political rivalries of my
client, the municipal authorities started harassing and threatening him, and hence, my client had
filed against you a civil suit bearing No. 1000/200. in the court of Civil Judge, Junior Division, Pune.
Legal Drafting
That in the said civil suit, you had given an undertaking to the effect that you will not pull down or
object to the said constructions and business, and, accordingly, the said civil suit was disposed of on
That since the disposal of the said civil suit, my client has been running his business there without
any objection fromyou. However,
again, at the instance of the political rivalries of my client, on ,
the Mayor of the No. 2 of you along with some corporators had visited the area and threatened my
client that his premises would be pulled down, and though my client tried to explain the position,
they refused to go through the papers and take into account the legal position.
That thereafter some officers, not clearly specifying and disclosing their designations, had been
visiting the place and giving threats to my client to the effect that he would be evicted from the
place. That in the circumstances, it is the contention of my client that he is lawfully occupying the
said properties and running his business there, and the Corporation has no right to take any
objection to his doing so, and the said constructions cannot be pulled down. That it is also the
contention of my client that the Corporation is bound by the orders passed and undertaking given in
the civil suit No. 1000/200.. and is also estopped by its grant of permissions, licences and the various
orders passed by the previous Municipal Commissioners, and at this background, the Corporation
cannot take any action against my client.
That in view of the abovementioned facts, my client apprehends that the authorities may hatch out
some malicious plan and take any action for raising objection to the constructions and running my
client's business.
That my client also apprehends that your officers may try to pull down or demolish the legal
constructions of my client which, according to my client, is totally illegal, and in that event, my client
would file against you a suit for declaration, injunction, damages, contempt of court or any other or
any of these, and in that event, the
Legal Drafting 37
total responsibility as to the costs and consequences of such suit shall be that of yours, which please
note.
11. That my client furthermore would like to bring to your kind notice that if, despite of all these
facts and legal position, your officers indulge into any acts, they would be guilt of such acts which
will be undoubtedly ultra vires, and hence they would also be liable and answerable for the same.
12. That this notice is the statutory notice being giverl u/s 487 of the Provincial Municipal
Corporations Act 1949.
Yours faithfully,
[ D. M. BHALEKAR ]
ADVOCATE.
38
14. NOTICE-REPLY ON BEHALF OF TENANT
P. D. KOKARE, 16/1 Siddharth Chambers,
B. A.(Hons); LL. B., Erandwana, Karve Road,
Phones: 5431424, 5431434
Dated
NOTICE-REPLY (REGISTERED A.D.)
To
Shri MSG,
M. A.; LL. B., Advocate, 900 Sadashiv Peth, PUNE 411 030.
Dear Sir,
Your notice, dated , given by you on behalf of your clients,
Shri Vaman Mahadeo Deo and Shri Sadashiv Mahadeo Deo, and addressed to one, Shri Ratnakant
Ramu Phalke, was served on my client, Shri Rajanikant Ramu Phalke, and my said client with an
understanding that he does not have a brother by name Ratnakant, taking it for granted that it must
have been addressed to my client, has placed the same in my hands with instructions to reply
thereto as under :
1. That the description of the premises, the monthly rent, the month of tenancy, as stated in
your notice, are correct, and it is also correct that the said premises have been occupied by my client
since the time of his father.
2. That the contents of your notice to the effect that my client has erected a loft in the said
premises and has put stone floor in the said premises without the consent of your clients are totally
false, and hence, denied by my client. My client further states that the lofts and floors have been
placed long back and by your clients only, and
Legal Drafting 39
these lofts and. floors have furnished not only to my client but also to the other tenants in the said
building, and hence, it is not correct to say that my client has erected any permanent structure on
the premises.
3. That my client also says and maintains that the structures referred
to in your notice do not and cannot amount to a permanent
. structure, even if for the sake of argument, they did exist.
4. That the contents of your notice that my client has acquired new premises at Kothrud in
Sonali Cooperative Housing Society are totally false, and hence, denied by my client.
5. That my client does not own or possess any premises in the said Sonali Society or in any
other society or otherwise. The only premises possessed and occupied by my client are the premises
owned by your clients, and hence, all your contentions in that behalf are based upon the false and
malicious instructions given to you by your clients.
6. That the contents of your notice to the effect that your clients require the premises
reasonably and bonafide for the purpose of demolition and erection of a new building are also false,
and hence, denied by my client. A landlord intending to do so has to follow a different procedure as
prescribed by the Maharashtra Rent Control Act 1999.
7. That while by stating that your clients wish to demolish the said premises and construct a
new building thereon, your clients have inadvertently let the cat out of the bag, because, in fact,
your clients want to sell out the said property for a fortune, and hence, since the past few months,
they have been picking up quarrels with the tenants in the building including my client and
threatening them by dire consequences, if they would not vacate the premises, and your notice is a
continuation in the said scheme.
8. That in the circumstances, your clients have no reason or cause to terminate the tenancy of
my client, and your notice shall not have any legal effect on the tenancy of my client, much the less
that of termination, and hence, my client would not hand over the possession
Legal Drafting
of the said premises unto your client, which please ask your client to note.
That there being no cause, if your client were to choose to resort to any legal action, he shall be
doing so at his own risk, and they shall have to thank none but themselves for the costs and
consequences for such action, which please ask your client further to note. That since for the
months from June 200_ onwards, your clients have not accepted the rent, though duly rendered to
them, on the pretext that rent-receipts are under printing and they would accept the rent on those
becoming available, please ask your clients to receive the rent and pass proper receipts according to
law. That, in the circumstances, please advise your clients not to create troubles and complicate the
matter and strain the good relationship between your clients and mine.
Yours faithfully,
[ P. D. KOKARE ]
ADVOCATE.
41
15. NOTICE TO A WIFE ON BEHALF OF HER HUSBAND
B. E. AVHAD, 16/1 Siddharth Chambers,
B. Com. (Hons); LL. M., Erandwana, Karve Road,
Phones: 5431424, 5431434
Dated
NOTICE (BY REGISTERED A.D.)
To
Smt. N__ O T
C/O Shri B A T_ _,
Nehrunagar, M. G. Road, SURAT, GUJARAT STATE.
Madam,
Under instructions from and on behalf of my client, Shri YES, of 55 Amrut Apartments, Shivajiiiagar,
Pune 411005, I have to address you as follows :
1. That you are a legally wedded wife of my client, your marriage having been solemnised at
Surat on 31st December 200_ according to Hindu religion, vaidic rites and ceremonies.
2. That after your marriage to my client, you resided and cohabited with my client for about
one and a half years, in the beginning at Mumbai and lastly at Pune.
3. That out of the said wedlock, you have begotten a daughter named Buzy, on
4. That during the period of your cohabitation with my client, you were always in the habit of
going away from my client and staying with your parents against the wish of my client and at your
own sweet will.
5. That during the said period of cohabitation, you always insisted upon my client that he
should live apart from the other members of
Legal Drafting
his family, and you also used to detest not only the parents of my client and the other members of
his family, but also my client in person, and such an attitude on your part was antisocial and
inhumane, too.
That on , when your uncle had come to Pune, you left the house
of my client under the pretext of attending the betrothal ceremony of your cousin, and at that time,
you had put on your person all the gold and other ornaments and jewellery of the family of my
client. That while leaving the house of my client, you also told my client and his parents that you
would return back within a couple of days, and you had accordingly asked the mother of my client to
let the baby with the family of my client, and when you did not turn up to Pune for about a fortnight,
my client and his parents came to a tacit
conclusion that on . Itself, you had in mind your ulterior motive
to leave the company and society of my client and never to resume cohabitation anytime thereafter,
and leaving a nine-month old baby at the mercy of nobody, it was cruelty on the part of your
motherhood, and by such an act, you have brought not only a bad name to the whole of your clan
but also cursed the womanhood, as a whole. That my client has no words to describe such very
indifferent attitude and nature on your part, which is simply disgusting. That since the time you have
left the company and society of my client and the young baby, my client, his parents and relatives
made all possible and sincere efforts to bring you back for cohabitation with my client, but you have
paid no respect to your own conjugal relationship with my client, and it appears that after passing all
these days away from my client and the young innocent soul, you have been careless and indifferent
towards the domesticity of my client, and my client, while bringing up the child and looking after her
welfare and health, has lost all his hopes to have a wise thought on your part for resuming
cohabitation with him. That my client my client also further says that the act of leaving the society of
my client without any reasonable ground amounts to
Legal Drafting 43
cruelty and desertion, which is illegal on your part, and you are really answerable for the same. 11.
That taking into consideration the very delicate relationship between my client and yourself and also
giving a second thought to the future of the baby, my client does hereby call upon you to resume
cohabitation with him WITHIN TEN DAYS from the receipt hereof, failing which my client shall take it
for granted that you are no more sincere and interested in cohabitation with my client, and my client
would then be constrained to take against you an appropriate legal action including filing a petition
for divorce and recovering from you gold ornaments and jewellery, and in that event, you shall have
to thank none but yourself for all the faults and follies on your part alone, which please note.
Yours faithfully,
( B. E. AVHAD )
ADVOCATE
44
16. A NOTICE U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT & SEC. 420 OF THE INDIAN PENAL
CODE
M. A. (HonsHEng); LL. M.; D.I.T., S. No. 52/1, Kothrud,
Advocate. PUNE 411 038
Tele : 52 81 204
Dated
To
Smt. P_ D_ M_, Everest Tours & Travels, 1100 Narayan Peth, PUNE 411 030.
Madam,
Under instructions from and on behalf of my client, Shri APP, Ramrajya Griha Rachana Sanshta, Plot
No. 200, Kothrud, Pune 411038, I have to address you as follows :
1. That on account of some acquaintance of my client with your husband, Shri DKM, my client
has had occasions to know and meet you.
2. That since you have been running business under the name and style as Everest Tours &
Travels, you proposed to expand the said business.
3. That for the said purpose of the expansion of your business, in December 200_, you were in
need of more finance, and through the good offices of your husband, you made my client to pay you
an amount of Rs. 40,000/-.
Legal Drafting 45
4. That taking into consideration the relationship between my client and your husband, my client
paid to you an amount of Rs. 40,000/ - in cash, as detailed below :
Sr. No. Amount (in Rs.) Date of Payment
1. Rs. 20,000/- 3.12.200
2. Rs. 20,000/- 19.12.200
Total Rs. 40,000/-
5. . That at the time of the payment of the said amounts by my client, you had promised him
that the amount paid by my client would be repaid and refunded to him within a short time, say
within a year or so.
6. That in spite of your promise to return the said amount unto my client, you failed to do so,
and at the time of every demand to you, you have only gone to postpone the promises.
7. That with a view to making the repayment of the said amount unto my client, you have
finally issued in his favour a cheque bearing No. 048060, dated 15.7.200.., for Rs. 40,000/-, drawn on
the Vidya Sahakari Bank Limited, Aundh Road Branch, Pune..
8. That when my client presented the said cheque to his bank, Cosmos
Cooperative Bank Limited, Laxmi Road Branch, Pune, on 15.7.200 ,
the said Bank returned the said cheque with remarks "Refer to drawer".
9. That in the mean time, your husband had already contacted my client with a request to re-
present the cheque to the Bank, saying that there was no necessary balance in your account and
that immediate arrangements would be made so as to clear the cheque in favour of my client.
10. That accordingly my client again presented the said cheque to the
Bank for encashment on 25.7.200 , but the said cheque was
dishonoured.
46 Legal Drafting
11. That from the total behaviour on your part with respect to the said transaction, my client
has come to a tacit conclusion that when the Bank of my client has returned the said cheque to my
client, while issuing the said cheque, you already had dishonest intention to cheat my client of the
said amount, and it was also a case of "Dishonoured for insufficient balance".
12. That, thus, the cheque which was issued by you in discharge of your liability has been
dishonoured for the reason of insufficiency of funds.
13. That since then, my client has been making efforts to contact you personally, but you could
not be available anytime anywhere, and hence, my client has come to the final conclusion that you
have some ulterior motive to the effect that you are not sincere in making the repayment of the
amount taken by you from my client.
14. That from the total behaviour on your part, my client has drawn a clear inference that you
have done so with a view to deceiving and cheating my client, and you did not bother either for the
dishonour of cheque or then making yourself available immediately.
15. That it also appears that your intentions were not good when you issued the said cheque for
the amount which you did not have in your account, and since you knew it very well, you have tried
to commit not only a civil breach but also a criminal offence within the provision, meaning and
interpretation of civil as well as criminal law.
16. That since the said cheque has been dishonoured for the reason of "Insufficiency of funds",
you may be held liable civilly as well as criminally particularly under section 420 of the Indian Penal
Code, section 138 of the Negotiable Instruments Act and provisions of the Code of Civil Procedure.
17. That under the circumstances, you are hereby called upon to pay unto my client an amount
of Rs. 40,000/- (Rupees Forty Thousand only) together with interest @ 15% per annum, WITHIN
FIFTEEN DAYS from the receipt of this notice, failing which my client will be
Legal Drafting 47
constrained to take against you an appropriate legal action including filing of a criminal complaint,
which please note. 18. That since your illegal behaviour has necessitated the issue of this notice,
you are hereby charged with its costs, i.e. Rs. 2,100/-, which also please further note.
Yours faithfully, [RAJARAM S. RETAWADE] ADVOCATE.
48
17. A NOTICE U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT
Phones: 5431424, 5431434
Dated
To
Shri M_A_D,
Sir,
Under instructions from and on behalf of my client, Shri BAD, 101 Kasba Peth, Pune 411011, I have
to address you as follows :
1. That my client and yourself happened to be old friends, and as such, the relationship
between you two has been established for a very long time.
2. That my client has been running his business in readymade clothes and hosiery in Pune city.
3. That the business of my client is that of a wholesaler, and he supplies clothes and hosiery to
various businessmen in and around the city.
4. That recently, you have also started your business in readymade clothes and hosiery as a
retailer having a shop in the suborn of the city.
5. That since the beginning of your business, you used to purchase ready clothes and hosiery
from the shop of my client on credit basis, and you also used to make the payment for the same
within a period as agreed by and between my client.
Legal Drafting 49
6. That my client says that you had been regular and punctual in making the payment for the
materials purchased by you from the shop of my client, and every time, you used to issue cheques
towards the payment of bills on that account.
7. That the last time, on , you had purchased the material for Rs.
50,000/- and issued in favour of my client a cheque for that amount.
8. That my client, as usual, presented the said cheque to his banker, Bank of Maharashtra,
Karve Road Branch, on for encashment.
9. That, however, the Bank has returned the said cheque to my client with an endorsement
"Dishonoured for insufficient balance".
10. That since the said cheque has been dishonoured for the reason of "Insufficiency of funds",
you may be held liable civilly as well as criminally particularly under section 138 of the Negotiable
Instruments Act and provisions of the Code of Civil Procedure.
11. That my client does hereby call upon you to make the payment of the said amount of Rs.
50,000/- WITHIN FIFTEEN DAYS from the receipt of this notice, failing which my client will be
constrained to take against you an appropriate legal action including filing of a criminal complaint,
which please note.
12. That since your illegal behaviour has necessitated the issue of this notice, you are hereby
charged with its costs, i.e. Rs. 1,500/-, which also please further note.
Yours faithfully, [ RAJARAM S. RETAWADE ] ADVOCATE.
Draft-4
50
18. A NOTICE TO THE EMPLOYER INSTITUTE FOR COMPLIANCE OF THE DEMANDS MADE BY OUR
RETIRING CLIENT

ADVOCATE. PUNE 411 038 /
Tele : 253 61 204
Dated
To
The Honorary Secretary,
All India Shri Sambhaji Memorial Society,
420, Shivajinagar,,
PUNE 411 005. Sir,
Under instructions from and on behalf of my client, Dr. PWD, resident of 1111, Shivajinagar, Pune
411005, I have to address you this notice as follows :
1. That my client was selected and appointed as the Principal of the Chemical Engineering
College run by your Society, and he took over the charge as such with effect from
2. That, now, after completing the age of superannuation of 62 years, my client retired from
the services of your Society as on
3. That despite this very fact that my client stood retired on the completion of 62 years of his
age, which is not only superannuation, but also super superannuation, for the normal age of
superannuation is 58 years in respect of the State Government services and 60 years in the case of
the Central Government employees with a few exceptions such as 60 years for the Class IV servants
for both the Governments and the same age of superannuation for judicial
Legal Drafting 51
officers and judges, but no orders relieving my client from the services of your Society have as yet
been issued by your office.
4. That my client says that for want of such orders about his retirement, it is not made by you
or your office known to my client as to whether he has already retired or his services have been
extended further upto the next double super superannuation that would occur only on the
completion of his 65 years of age, and not earlier.
5. That my client says and is also afraid to bring to your kind notice that after completing 62
years of his age of superannuation, he is, at present, counting his last days, and being a very ordinary
human being, my client is unable to wait any more for your orders of his retirement.
6. That my client was very happy to spend about 12 years of his service with your Society, and
he says and claims that had my client been a bad man, your Society would not have allowed him to
continue with you, and such a factor is definitely concomitant and, of course, in the favour of my
client alone.
7. That from the recent past, my client has completely failed to understand as to why, who and
what made you people to behave against him, and you have really ill-treated him for no fault of
whatsoever nature on his part.
8. That even though it is now a very long period of eighteen months since the deemed date of
his retirement, my client has not been paid his dues and pensionery benefits, as detailed below, and
such an act on your part amounts to the total illegality, as the same is causing and doing flagrant
injustice to my client :
(i) Salary for 15 months from to ;
(ii) Gratuity;
(iii) Encashment of Leave;
(iv) TA/DA Bills;
(v) Examination Remuneration;
(vi) Honorarium for holding additional charges;
52 Legal Drafting
(vii) EPF;
(viii) Sanctioned Half Pay Leave for 100 days, and
(ix) Any other dues and amounts payable to me.
9. That you might be aware that such a delay on the part of your Society, as per the provisions
of law and the orders passed by the Hon'ble High Court from time to time, you will be liable to pay
unto my client and he will be entitled to claim and recover from you in general and the concerned
officials and dealing assistants who are responsible for such act in particular the amount of interest
@ 18% p. a. on the whole amount of such dues payable to my client.
10. That my client has recently learnt from reliable sources that some instalments of his EPF
have not been credited by your office to the office of the EPF Commissioner, Pune Region, and if it is
so, as per the provisions of law, the concerned persons will be guilty of a criminal offence and can be
tried on a complaint, if made against them.
11. That in this respect, according to the calculations of my client, he
has contributed the amounts (i) from April to January
to CPF, and (ii) from February ....... to February to EPF.

12. That my client veritably fails to understand the inscrutable, recondite and abstruse reasons
that made you to spoil the golden and smooth relationship between my client and the Society as a
whole, and my client has, therefore, come to a tacit conclusion that perhaps it is only due to a
serious fight between the id and ego on the part of some particular persons, and my client feels that
the same could very well be avoided for reciprocal weal and mutual interest.
13. That even though the motto of your Society is "Truth Never Dies", unfortunately some
attempts are being made by its office bearers for not living up to the principle, and proving it
meaningless, and, thus, you are guilty of degenerating, disparaging and inveighing the great name
and sacramental and sacrosanct fame of your Society.
Legal Drafting 53
14. That you are fully aware that my client is a scholar of height, a luminary in the field of
chemical engineering and technology, and he has also been a recipient of various academic
scholarships and illustrious awards including the "Best Teacher Award" of the State Government of
Maharashtra, and it is furthermore added with a definite motif and you shall have perforce to admit
it as a truth and confess it as the very fact that it was only with the dynamic and exuberant
leadership of my client that your Chemical Engineering College has attained the present stage of
apotheosis and abundance, because my client has always gone the whole hog and served the cause
of technical education in a real sense and spirit.
15. That you might also be aware that my client has been an approved and recognised guide for
the M.E. and Ph.D. degrees in chemical engineering and technology, and he does possess a great
many facets.
16. That furthermore you might also be aware that it was his natural love, devout and
venerating affection for the Society, for which he has always had great admiration for its impeccable
reputation and personally for its very name, that he preferred to work only with you, though he had
really a very good scope outside.
17. That yours being an extraordinary Society of a high repute, having its own beau ideal and
excellence in all respects cannot act wantonly or in a devious way as a juristic person, but there are
some particular real individual persons who have sincerely been trying to act maliciously,
fallaciously, deleteriously and vindictively, and since my client being conscientious knows it well that
your Society as such a person cannot indulge into any illegal acts, deeds and things, at the same
time, he is very sure that o.nly such persons have been making severe attempts to undermine and
sully the virtue of my client and thereby bringing the Society a bad name, which is not only bad in
itself but also unsocial and immoral and beyond rectitude, too.
18. That taking into consideration all such recent activities on the part of the concerned persons
of your Society, it appears that they are
Legal Drafting
at a lose end, and if, despite all these facts against them, they do not abstain and refrain themselves
from indulging into the same, they shall have to face the sound of legal music, which please ask
them to very carefully note.
19. That the act of non-issuance of such orders relieving my client from the services of your
Society amounts to causing him traumatic sufferings, anguish troubles, excruciating mental tensions
and tortures for no fault of his, and in the event of any incidental revulsion, nobody will be spared -
come what may !
20. That my client also complains that the concerned office bearers from your Society refused to
acknowledge the receipts of the official communications addressed to you by him, which proves
beyond any reasonable doubt the tendency of smothering attitude, derisive treatment, precipitating
style and high-handed behaviour on your or their part.
21. That during his stay with your Society, my client was provided a two-room accommodation
admeasuring about 200 square feet on the campus of the headquarters of your Society, even though
being the Principal and then Director (Technical) of the Chemical Engineering College, he was
entitled to occupy the Principal's residence having an area of about 2,000 square feet, and such a
treatment on your part clearly shows that you do not have any respect towards the position
occupied by my client, as the same was badly humiliating and inhumane, too, and it was again true
when he was ejected from there immediately on the occasion of his retirement and without
bothering for the relevant provisions of law, though already laid down and available, in that behalf.
22. That now.it explicitly appears to my client that you have so far neither taken any action in
the said matters of my client, nor have you any courtesy to let him have a reply, which is a rightful
claim conferred on him as an Indian citizen as well as a retired servant.
23. That according to the legal provisions and principles of natural justice as well as the service
rules, your office is bound to acknowledge receipts of the communications made to you by the
Legal Drafting 55
citizen like my client, lest he shall have every legal right to complain against the incumbents like you,
not only in your official capacity but also against you personally for such ultra vires acts, deeds and
things, which you have been indulging into during all this period.
24. That you have to take into consideration the fact that not replying the communications of
my client has undoubtedly proved that such an intentional or voluntary inaction on your part being
the duty of the concerned administrative system amounts to an ultra vires act, and above all, he is
afraid, you have also already proved to be procourante in all such respects.
25. That you are hereby requested and called upon to please note it very seriously that it was
and is still incumbent upon you as the competent authority to take all the necessary actions in all
these matters, or, at least, inform my client about their progress, but unfortunately nothing of the
sort has ever happened, and hence, you are liable for the same, not only in your official capacity but
also personally.
26. That taking into account the ways and means in which the matters under reference are
being dealt with by you and your office, my client has come to a tacit conclusion that it is now very
high time for him, i.e. after eighteen long months of his retirement, to take an immediate action
without further loss of time, which please note.
27. That you are also hereby called upon to please note it very seriously that now after attaining
the age of sixtytwo years, my client has already become a Senior Citizen, and hence, you cannot and
should never afford to be at a loose end or incourteous towards him, lest you will definitely be
answerable for each and every fault and folly on your part, and you are hereby requested to give, at
least, a second thought to your own ideas that in that event, you shall have to thank none but
yourself, and my client shall be at full liberty to take legal actions against you, of course, at your own
costs and consequences, which please further note.
Legal Drafting
28. That as per the provisions of the Maharashtra Right to Information Act, you will also be
liable for the illegal acts, deeds and things done and committed by you even in your official capacity.
29. That in case of any action such as complaints, applications or suits, if filed, ,in the courts of
law against you for the flagrant injustice done and humiliating and ill-treatment meted out to my
client, apart from and among all others, you will also be made parties in your personal capacities,
which please note very seriously and in your own interest, too.
30. That under the circumstances, you are hereby called upon to take immediate steps in the
matters, and in any case, WITHIN THIRTY DAYS from the receipt hereof, and make the payment of all
the amounts and dues amounting to Rupees Twenty Lakh Only (Approximately), as aforesaid, failing
which my client shall be constrained to take against your Society, office, and also you personally
appropriate legal actions, which please further note.
31. That since your illegal behaviour has necessitated the issue of this notice, you are hereby
charged with its costs, i.e. Rs. 2,100/-, which also please lastly and finally note.
Yours faithfully
ADVOCATE.
57
19. A NOTICE TO THE EMPLOYER BANK FOR RELEASING DUES AND CLAIMS OF OUR CLIENT

Tele : 253 61 204
Dated
NOTICE
(REGISTERED A.D.) To
1. The Assistant General Manager, Union Bank of India, Zonal Audit Office, PMT Commercial
Bldg., Swargate, Shankarsheth Road, PUNE 411 042.
2. The Deputy General Manager, Union Bank of India, Zonal Office, "Jeevan Prakash", 6/7 LIC
Bldg., University Road, PUNE 411 005.
3. The Chairman & Managing Director, Union Bank of India, Union Bank Bhavan, 239 Vidhan
Bhavan Marg, Nariman Point, MUMBAI 400 021.
4. The Deputy General Manager (HRM), Union Bank of India, Union Bank Bhavan, 239 Vidhan
Bhavan Marg, Nariman Point, MUMBAI 400 021.
Sirs,
Under instructions from and on behalf of my client, Shri VIP, resident of Z-2, Chandrabhaga
Cooperative Housing Society, Pune 411038, I have to address you this notice as follows :
58 Legal Drafting
1. That my client was in the service of your Bank since his appointment as on
2. That after serving your Bank in various positions, my client has retired as a Manager on
3. That before his retirement, my client had served upon your Bank the statutory notice
required in respect of availing of the benefits of voluntary retirement, on
4. That as per the notice given by my client and in accordance with the rules and regulations
and the relevant provisions made by the Bank, my client was supposed to be relieved from his
services with
effect from but the concerned officials of your Bank did
not do so for the reasons better known to them.
5. That, however, the No. 1 of you were kind enough to relieve my
client from his services with effect from , and my client
does hereby sincerely thank you for the same.

6. That since then, my client has always had been requesting you and all the concerned to
release the dues and claims of my client as early as possible.
7. That in spite of the repeated letters, requests and appeals made to you by my client, you
have unnecessarily been delaying the legitimate and bonafide payments of my client for no reason,
without any justifiable ground, and above all, illegally.
8. That if you very kindly allow my client to express his deep feelings in this respect, he would
not only say, state and maintain but also allege that it really appears that you have with some
ulterior motive delaying all such payments to my client, and my client is afraid that there are some
persons from amongst you who have been malicious and enemical towards my client.
9. That my client says and complains that it is only due to non¬payment of his dues that he is
subjected to suffer heavy mental tensions and excruciating tortures on account of the higher
education of his son and two nubile daughters.
10. That according to the calculations of my client, he is entitled to receive and recover from
your Bank a sum total amounting to
Legal Drafting 59
Rs. 15,00,000/- (Rupees Fifteen Lacs Only), which should be paid to him with immediate effect.
11. That my client also admits that he is liable to pay unto your Bank some amounts on account
of loans incurred by him during his service.
12. That my client also furthermore claims that the interest on the amounts payable to him
should be paid unto him right from the
deemed date of his relief, i.e , and at the same time, he should
also be charged with the interest on the amounts of loans only upto that date.
13. That under the circumstances, you are hereby requested and called upon to pay unto my
client all the amounts due to him WITHIN FIFTEEN DAYS from the receipt hereof, failing which my
client shall be constrained, against his own wish, will and principle, to take against you all as the
concerned authorities in particular and the Bank in general appropriate legal actions, and in that
event, you shall have to thank none but yourself for your own follies, faults and all the illegalities,
which please note.
14. That if my client were to arrive at a tacit conclusion that some of you or any other officials or
persons working in the Bank are acting at the personal level as well as ultra vires the same of you will
be personally liable for all such acts, deeds and things, which please further note.
15. That since your illegal behaviour and unprocedural treatment have necessitated the issue of
this notice, you are hereby charged with its costs, i.e. Rs. 2,100/-, which also please further note.
Yours faithfully,
ADVOCATE
60
20. A NOTICE TO THE MEMBERS OF THE HINDU UNDIVIDED FAMILY FOR SELLING OUT THE
ANCESTRAL PROPERTIES WITHOUT JOINING OUR CLIENT AS THE NECESSARY PARTY.
RAJ ARAM S. RETAWADE,
M. A. (Hons)(Eng); LL. M.; D.I.T., ADVOVATE.
C-4/10, Shantiban Society,
S. No. 52/1, Kothrud,
PUNE 411 038
Tele : 253 61 204
Dated
To
NOTICE
(REGISTERED A.D.)
1. Shri M L J
150 Lokmanya Tllak Road, Baramati.
2. Shri V C... R ,
100 Jawaharlal Nehru Chowk, Baramati.
3. Smt. C K G...-..,■
200 Indira Gandhi Chowk, Baramati.

4. Shri G..... K G ,
200 Indira Gandhi Chowk, Baramati.
5. Shri H K G
600 Narayanraonagar Road, Ahmednagar.
6. Shri Y K G ,
500 Budhwar Peth, Pune 411 002.
Legal Drafting 61
Sirs/Madam,
Under instructions from and on behalf of my client, Shri N.. KG.., resident of 999 Sadashiv Peth, Pune
411030, I have to address you this notice as follows :
1. That my client is a son of the No. 3 of you, while the real brother of the Nos. 4, 5 and 6 of
you.
2. That the properties bearing Survey No. 300 and City Survey No. 1000, of the revenue village
Baramati, Taluka Baramati, District Pune, are the ancestral properties presently owned and
possessed by my client and the Nos. 3 to 6 of you.
3. That the said properties are owned and possessed by the Nos. 3 to 6 of you and my client
jointly, and they have never been divided and distributed among all the concerned.
4. That my client says that he is blessed and really very proud to claim that the relationship
among all his brothers, sisters and all the kith and kin has always had been very cordial and highly
affectionate, and he further says that he is so fortunate to accommodate himself with all such
healthy atmosphere and domestic climate.
5. That in spite of this situation and the very beau ideal in the mind and heart of my client, he
was shocked to learn very recently that the Nos. 3 to 6 have proposed to sell and dispose of the said
ancestral properties in favour of the Nos. 1 and 2, and my client was actually broken into pieces on
that account for the very reason that the said properties have been owned and possessed not only
the Nos. 3 to 6 of you but also along with them by my client and two of his sisters, too, and as per
the provisions of the relevant rules of law, no sale-deed could be executed or conveyance made
unless and until all the necessary and interested parties are joined.
6. That you are also aware that the said properties have not yet been divided, and they are
jointly owned by the Hindu Undivided Family consisting of the Nos. 3 to 6 and my client, as
aforesaid.
7. That my client wants to make it explicit that if the Nos. 3 to 6 were to execute a sale-deed in
respect of the said properties or convey
Legal Drafting
their undivided shares in favour of the Nos. 1 and 2, it would be bad in law and could still be
challenged by my client either in an appropriate civil court of law or directly in the Hon'ble High
Court of Judicature at Mumbai, for the very reason that since the said properties have not yet been
divided and distributed in metes and bounds, there could be no valid transaction which could be
entered into by any of the members of such an undivided and joint family as that of my client's.
8. That my client says that if the fear in his mind were to be true, it would have very bad
repercussions on the family as a whole, and my client shall unnecessarily be unhappy on that count
for no fault of his.
9. That my client is afraid to express that if any sale-deed were to be executed by any or all of
you, it would amount to deception being played by you on my client by entering into a bogus
transaction and also by executing totally false and illegal sale-deed, if any.
10. That my client does hereby reiterate that if any sale-deed were to be executed by the Nos. 3
to 6 of you in favour of the Nos. 1 and 2 of you, it will be totally illegal and void ab initio, and the
same shall not have any legality, and the family consisting of my client and the Nos. 3 to 6, as a
whole, shall be subjected to ruin and destruction, which please note.
11. That in spite this very clear and legal position that when there is no absolute or exclusive
legal right in existence which could be exercised by the Nos. 3 to 6 of you, it appears that you are
trying to play, with common intention, a great mischief with the Government authorities by
executing a bogus and illegal sale-deed, and hence, as per the provisions and interpretation of
Criminal Law, you will all be liable for committing a criminal offence, which you should please note.
12. That my client has recently learnt that the Nos. 4 to 6 of you [keeping the No. 3 in complete
dark and ignorance - she being in her decrepitude] have been making attempts to illegally sell and
dispose of the said properties to the Nos. 1 and 2 of you and thereby
Legal Drafting 63
committing the offence of fraud and deceit, which will be a cognisable criminal offence on the part
of the Nos. 1, 2, and 4 to 6 of you, which please note.
13. That my client has, thus, already brought to your notice all these illegalities and also made
his best to convince and warn you both the parties for not indulging into such sort of criminal
activities, and if despite all these efforts on the part of my client, you were not to pay any heed to
the same and are still sincere to continue to behave impudently and thereby trying to prove yourself
to be procourante in all such respects, then it will be totally deleterious and lead to you your own
destruction, destiny and decadent.
14. That in the circumstances, my client does hereby call upon you not to indulge into such
criminal and illegal activities and particularly the Nos. 4 to 6 of you should abstain, desist and refrain
yourself from committing such a criminal offence, failing which my client will be constrained, against
his own wish and will, to take against you both the parties (except No. 3, his loving old mother, who
is everything and all for him) appropriate legal actions including lodging criminal complaints as well
as filing civil suits and writ petitions in the Hon'ble High Court of Judicature, and in that event, the
total responsibility as to the costs and consequences of such actions shall be that of yours, which
please very seriously note.
15. That it is a fervent request hereby made by my client to the Nos. 3 to 6 of you in particular
and the Nos. 1 and 2 in general not to smother and swamp my client and his legitimate, bonafide
and fundamental legal rights, lest there shall be perturbing aftermath, and then, you shall have no
moral right to blame my client for the wiles and all the illegal acts, deeds and things indulged into by
somebody from you, which please note.
16. That you should never arrive at a hallucinating stage to the effect that individual shares in
the ancestral property can be sold partially with illegal terms and conditions, and such a totally
64 Legal Drafting
wrong conception may trigger off the very purpose, which please note very carefully.
17. That you are also hereby advised to note, in your own interest only, that in that event, you
will have to consider, think and give, at least, a second thought to your ideas that you shall have to
thank none but yourself for your own illegal acts, deeds and things and all the faults and follies on
your part, which please further note.
18. That since your illegal and adamant behaviour has necessitated the issuance of this notice,
you are also hereby charged with its costs, i.e. Rs. 5,000/-, which please lastly note.
Yours faithfully,
[ RAJ ARAM S. RETAWADE ]
ADVOCATE.
PART - III CIVIL PLEADINGS
65
67
21. PLAINT
Meaning : (1) Plaint means a statement of contents made in writing in the court of law, and a
statement of contents means charge or accusation.
Title :
(1) IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE,
OR
(2) BEFORE THE COLLECTOR OF PUNE
Forum :
= Place, e.g. at PUNE.
Description and Number :
e.g. Civil Suit No. ; / 200__
Special Civil Suit No. / 200_
Maintenance Application No. / 200
Marriage Petition No. / 200_
Civil Appeal No. / 200__
Criminal Appeal No. __/ 200__
Criminal Complaint No. / 200
Parties (Characters) :
A_B_C Plaintiff/Applicant/Appellant/Petitioner/Complainant
Versus Versus Versus Versus Versus Versus
X_Y_Z Defendant/Opponent/Respondent/Respondent/Accused
Vs = Versus (Latin = Against). Full Names (First Name, Father's/Husband's.Name and Surname),
Ages, Occupations and Addresses of the parties should be mentioned.
68
Legal Drafting
If the party is not suijuris [ = Competent to sue), e.g. minor, then
Master A B C_ , (since minor )
acting through his natural guardian, father, Shri X Y Z. age 56 years, occupation - service,
resident of _
: )
) Plaintiff/
) Applicant, etc.
If the party is a jural person, then M/s Anand Builders, a partnership firm registered under the
Indian Partnership Act 1932, having its
office at acting
through its partner, Shri STD, age
35 years, occupation - business,
resident of .
Plaintiffs/ Applicants, etc.
Body
(a) OPENING -
(i) The plaintiff abovenamed submits this plaint, praying
to state as follows : (ii) The applicant abovenamed submits this application,
praying to state as follows : (iii) The petitioner abovenamed submits this petition, praying
to state as follows : (iv) The complainant abovenamed submits this complaint,
praying to state as follows : (v) So on and So on, Except in respect of an appeal.
(b) The paragraphs should be numbered consecutively.
(c) The first two/three paragraphs should contain the PARTICULAR
THINGS
e. g. Suit for Immovables :
Description of Property : All that piece and parcel of land situate within the Registration Division &
District Pune, Sub-Division & Taluka Haveli, within the local limits of the Pune Municipal Corporation,
Legal Drafting 69
revenue village Kothrud, bearing Gat/CTS No. 700, admeasuring 2
hectares or thereabouts, and bounded by as follows :
[Boundaries On or towards the East CTS No. 701,
should be On or towards the South _ CTS No. 705
mentioned On or towards the West _ Public Road, and
Clockwise) On or towards the North_ Nullah.
If appurtenance, then (to add the following words) -together or along with a two-storeyed old
building standing thereon, e.g. Suit for Partition :
The first paragraph must contain pedigree. Pedigree means family history, family tree or genealogy.
1. The Pedigree : That the pedigree is as follows :
F (Defendant No. 1)
M (Defendant No. 2)
SI S2
(Plaintiff) (Defendant No.. 3)
That the defendant No. 1 is the father of the plaintiff and the defendant No. 3 and husband of the
defendant No. 2, while the defendant No. 2 is the mother of the plaintiff and the defendant No. 3,
and the plaintiff and the defendant No. 3 are full/real brothers. 2. The Description of Property :
e.g. Suit for Matrimony :
1. Date, form and place of marriage.
2. The names of the parties prior to marriage, e.g. Suit for Tenancy :
1. Description of property.
2. Terms and conditions of tenancy.
3. Narration of facts giving rise to the cause of action, e.g. Suit for Money Claim :
70 Legal Drafting
Particulars of Money Claim : Rupees
(A) Amount of Loan_ _ 2,00,000/-
(B) Amount of Interest @ 18% p.a. _ 19,000/-
From _____ To
(C) Notice Charges _ _ 1,000/-
(D) Total Amount Due and Claimed _ 2,20,000/-
(E) Less Amount Received _ _ NIL
(F) Net Amount Due and Claimed _ 2,20,000/-
Then, come the following clauses : Cause of action and limitation $ Jurisdiction of the Court $$
Court-fee, etc. Prayer Clause.
22. LIMITATION
(A) Criminal (Section 468 of the Criminal Procedure Code)
(i) If the offence is punishable only with fine _ 6 months
(ii) If the offence is punishable only with one year_ 1 year (iii)If the offence is punishable only with
one to
three years - 3 years
(B) Civil _ 3 years from the date of the cause of action
(C) MACT _ No Limitation is applicable.

71
23. JURISDICTION [POWERS OF THE COURTS] $ HIERARCHY OF COURTS
Supreme Court of India
High Court at State Level
District Courts at District Level
Sessions Judge Chief Judicial/ Judicial Magistrate Civil Judge Civil Judge Small
Joint/Additional Additional Chief First Class Senior Junior Causes
Sessions Judge Judicial Magistrate 3 years + Division Division Judge
Death $ 7 years + Any Rs. 10,000/- Fine Above Below Below
Amount of Fine + Any Amount of Rs. 1 Lac Rs. 1 Lac Rs.l Lac
fine
Assistant @ Compensation + All
Sessions Judge under the Rent Act
10 years Negotiable
Instruments Act
$ Subject to the confirmation by the High Court. @ After disposal of 25 sessions cases, the Assistant
Sessions Judge becomes an Additional Sessions Judge.
72
24. NON-JOINDER & MISJOINDER OF PARTIES
(Order I, Rules 1 to 13, Civil Procedure Code)
(A) What persons and causes can sue or be sued upon ?
Old Rule : Those having a common cause of action can sue.
Present Rule : All those claiming out of the same transaction (a piece of business). To transact means
to conduct or carry through with somebody, e.g. a plot of land.
(B) Who can be co-defendants ?
All those against whom the cause of action accrues (= comes to, comes from something) out of the
same transaction/the same set/one set.
(C) What causes can be sued together ?

All those arising out of the same transaction. Such a suit is called a multifarious (many and various -
variety) suit where there are different causes of various transactions.
MISJOINDER
Misjoinder = Wrongly joined; Amiss
Misjoinder of Plaintiffs : Where there are more plaintiffs than one, the provisions of the present rule
apply. Persons may be joined as plaintiffs for the same act or transaction where there is a common
question of law or fact. Otherwise, they must bring separate suits. Objection on the ground of
misjoinder or non-joinder is not fatal to the suit.
Misjoinder of Defendants: When the right to relief exists against each of them from the same
transaction.
Misjoinder of Causes of Action : Multifarious = Claims founded on several causes of action.
NON-JOINDER
Necessary or proper parties are not joined. Necessary parties are those against whom the relief is
claimed. If a non-joinder, it is only irregular but it is not illegal. Where a person who is a necessary
party to a suit is not joined as a party to the suit, the case is one of non-joinder. The objection for
non-joinder should be taken before the first hearing, and the plaint may be amended by adding the
omitted party either as plaintiff
Legal Drafting 73
or as defendant. However, no person can be added as a plaintiff, though he can be added as a

defendant, without his consent.
The relevant provisions of the Code of Civil Procedure 2002 are as follows :
ORDER I PARTIES TO SUITS
1. Who may be joined as plaintiffs - All persons may be joined in one suit
as plaintiffs where -
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts
or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact would arise.
2. Power of Court to order separate trials - Where it appears to the Court
that any joinder of plaintiffs may embarrass or delay the trial of the suit,
the Court may put the plaintiffs to their election or order separate trials
or make such other order as may be expedient.

3. Who mag he joined as defendants - Allpersons may be joined in one
suit as defendants where -
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts
or transactions is alleged to exist against such persons, whether jointly, severally or in the
alternative; and
(b) if separate suits were brought against such persons, any common question of law or fact
would arise.
3-A. Power to order separate trials where joinder of defendants may embarrass or delay trial -
Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the
suit, the Court may order separate trials or make other orders as may be expedient in the interests
of justice.
4. Court may give judgment for or against one or more of joint parties -
Judgment may be given without any amendment -
74 Legal Drafting
(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief
as he or they may be entitled to;
(b) against such one or more of the defendants as may be found to be liable, according to their
respective liabilities.
5. Defendant need not be interested in all the relief claimed - It shall not be necessary that
every defendant shall be interested as to all the relief claimed in any suit against him.
6. Joinder of parties liable on the same contract - The plaintiff may, at his option, join as parties
to the same suit all or any of the persons severally, or jointly and severally, liable on any one
contract, including parties to bills of exchange, hundies and promissory notes.
7. When plaintiff in doubtfrom whom redress is to be sought - Where the plaintiff is in doubt as
to the person from whom he is entitled to obtain redress, he may join two or more defendants in
order that the question as to which of the defendants is liable, and to what extent, may be
determined as between all parties.
8. One person may sue or defend on behalf of all in the same interest -
(1) Where there are numerous persons having the same interest
in one suit -
(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may
defend such suit, on behalf of, or for the benefit of, all persons so interested;
(b) the Court may direct that one or more of such persons may sue or be sued, or may defend
such suit, on behalf of, or for the benefit of, all persons so interested.
(2) The Court shall, in every case where a permission Or direction
is given under sub-rule (1), at the plaintiffs expense, give
notice of the institution of the suit to all persons so interested,
either by personal service, or, where, by reason of the number
of persons or any other cause, such service is not reasonably
practicable, by public advertisement, as the Court in each
case may direct.
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(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under
sub-rule (1), may apply to the Court to be made a party to such suit.
(4) No part of the claim in any suit shall be abandoned under sub-rule (1), and no such suit be
withdrawn under sub-rule (3) of rule 1 of Order XXIII, and no agreement, compromise or satisfaction
shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the
plaintiffs expense, notice to all persons so interested in the manner specified in sub-rule (2).
(5) Where any person suing or defending in any such suit does not proceed with due diligence in
the suit or defence, the Court may substitute in his place any other person having the same interest
in the suit.
(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or
for whose benefit, the suit is instituted, or defended, as the case maybe.
Explanation - For the purpose of determining whether the persons who sue or are sued, or defend,
have the same interest in one suit, it is not necessary to establish that such persons have the same
cause of action as the persons on whose behalf, or for whose benefit, they sue or sued, or defend
the suit, as the case may be.
8-A. Power of Court to permit a person or body of persons to present opinion or to take part in the
proceedings - While trying a suit, the Court may, if satisfied that a person or body of persons is
interested in any question of law which is directly and substantially in issue in the suit and that it is
necessary in the public interest to allow that person or body of persons to present his or its opinion
on that question of law, permit that person or body of persons to present such opinion and to take
such part in the proceedings of the suit as the Court may specify.
9. Mis-joinder and Non-joinder - No suit shall be defeated by reason of the mis-joinder or non-
joinder of parties, and the Court may in every suit deal with the matter in controversy so far as
regards the rights and interests of the parties actually before it :
76 Legal Drafting
Provided that nothing in this rule shall apply to non-joinder of a necessary party.
10. Suit in the name of wrong plaintiff - (1) Where a suit has been instituted in the name of the
wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the
right plaintiff, the Court may at any stage of the suit, if satisfied with that the suit has been instituted
through a bonafide mistake, and that it is necessary for the determination of the real matter in
dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as
the Court thinks just.
(2) Court may strikeout or add parties - The Court may at any stage of the proceedings, either
upon or without the application of either party, and on such terms as may appear to the Court to be
just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck
out, and that the name of any person who ought to have been joined, whether as plaintiff or
defendant, or whose presence before the Court may be necessary in order to enable the Court
effectually and completely to adjudicate upon and settle all the questions involved in the suit, be
added.
(3) No person shall be added as a plaintiff suing without a next friend or as-the next friend of a
plaintiff under any disability without his consent.
(4) Where defendant added, plaint to be amended - Where a defendant is added, the plaint
shall, unless the Court otherwise directs, be amended in such manner as maybe necessary, and
amended copies of the summons and of the plaint shall be served on the new defendant and, if the
Court thinks fit, on the original defendant.
(5) Subject to the provisions of the Indian Limitation Act 1877, the proceedings as against any
person added as defendant shall be deemed to have begun only on the service of the summons.
10-A. Power of Court to request any pleader to address it - The Court may, in its discretion, request
any pleader to address it as to any interest which is likely to be affected by its decision on any matter
in issue in any suit or proceedings, if the party having the interest which is likely to be so affected is
not represented by any pleader.
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11. Conduct of suit - The Court may give the conduct of a suit to such
person as it deems proper.
J 2. Appearance of one of several plaintiffs or defendants for others -

(1) Where there are more plaintiffs than one, any one or more of them may be authorised by
any other of them to appear, plead or act for such other in any proceeding; and in like manner,
where there are more defendants than one, any one or more of them may be authorised by any
other of them to appear, plead or act for other in any proceeding.
(2) The authority shall be in writing signed by the party giving it and shall be filed in the Court.
13. Objections as to non-joinder or misjoinder - All objections on the ground of non-joinder or mis-
joinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are
settled, at or before such settlement, unless the ground of objection has subsequently arisen, and
any such objection not so taken shall be deemed to have been waived.
78
25. A SUIT FOR PARTITION
HIGHLIGHTS
From the time immemorial, the joint family was the fundamental concept of Hindu society. Every
Hindu family is presumed, under law, to be a joint family. Even if the members are working at
different places, they are presumed by courts to be a joint family.
There are two main schools of Hindu customary law. The Dayabhaga system is followed in Bengal,
Assam, Tripura amd Manipur. In the rest of the country, the dominant system followed is called
Mitakshara. The Mitakshara joint family consists of common ancestor and all his male descendants,
their wives and widows and unmarried daughters. The joint family continues even if the head of the
family dies. As long as there is a male member in the family, even by adoption, the joint character of
the family will continue. A joint family is represented by the KARTA, its head, in all matters. The
membership of a joint is acquired only birth, adoption or marriage to a male member of that family.
The male members of four generations are called coparceneries. They are : the father, son, son's son
and son's son's son. No woman can be a coparcenery. A coparcenery acquires an interest in the joint
family from the moment of birth. When one of them dies, his interest devolves on other
coparceneries, not on his heirs. All the coparceneries are entitled to joint possession and enjoyment
of the joint property. Each has a right to be maintained out of the joint property. Each one can also
demand partition.
There can be no partition demanded in respect of self-acquired property. The holder of the self-
acquired property can very well distribute his property at his sweet will. An ownership flat cannot be
a subject-matter of a suit for partition. In that respect, even after the death of the holder, the
property will devolve only upon the nominee of the deceased. A Hindu can have both joint family
property and his separate property. Any property acquired by him using his own skill, education or
training, though financed by the joint family, will be his separate property. Partition ends a joint
family. There is no concept of a jointly family in Muslim Law.
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A SUIT FOR PARTITION IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE
AT PUNE
Civil Suit No /200..
Shri SI _.(Full Name)
age 32 years, occupation - agriculture, resident of House No. 302 Kothrud, Taluka Haveli, District
Pune.
Plaintiff
Versus
1. 2. 3.
Shri _F_ (Full Name)
age 63 years, occupation - agriculture,
Smt. _M_ (Full Name)
Shri _S2_. (Full Name)
age 26 years, occupation - agriculture, all residents of House No. 302, Kothrud, Taluka Haveli, District
Pune.
Defendants
A SUIT FOR PARTITION
The plaintiff abovenamed submits this plaint, praying to state as follows :

F (Defendant No. 1)
M (Defendant No. 2)
SI (Plaintiff)
S2 (Defendant No. 3)
Draft-5
80 Legal Drafting
That the defendant No. 1 is the father of the plaintiff and the defendant No. 3 and husband of the
defendant No. 2, while the defendant No. 2 is the mother of the plaintiff and the defendant No. 3,
and the plaintiff and the defendant No. 3 are full/real brothers.
2. Description of Property : All that piece and parcel of land
situate within the Registration Division & District Pune, Sub-
Division & Taluka Haveli, within the local limits of the Pune
Municipal Corporation, revenue village Kothrud, bearing Gat
No. 302, admeasuring 8 hectares or thereabouts, and bounded
by as follows :
On or towards the East _ CTS No. 300, On or towards the South _ CTS No. 299, On or towards
the West _ Public Road, and On or towards the North _ Nullah.
3. That the property described in para 2 above originally belonged to GF, who died in June
200_, and oil his death, the suit property came to be devolved upon the family of the plaintiff and
the defendants, and since then, the defendant No. 1 has been managing the suit property as a Karta
of the joint family.
4. That since last one and a half years, the relationship between the plaintiffs wife and the
defendant No. 2 is so strained that there have been frequent quarrels, and it has finally become
necessary for the plaintiff to live apart.
5. That the plaintiff accordingly called upon the defendant No. 1, on , to effect partition,
but he refused to do so.
6. That the plaintiff submits that the defendants have been obstructing this plaintiff in his
enjoyment of the suit property along with them, and this plaintiff has no other source of income
except and save the suit property.
7. That the plaintiff, therefore, served upon the defendants a
notice, dated , calling upon them to effect partition, but
the defendant No. 1, once again, refused to do so, and hence, this suit.
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8. That the plaintiff and the defendants are governed by the Mitakshara School of Hindu Law,
and accordingly, the plaintiff is entitled to one-fourth share in the suit property.
9. That the cause of action for this suit first arose on .,
when the plaintiffs demand for partition was turned down by the defendants and has since then
been arising every day thereafter, and hence, the suit filed today is well within limitation.
10. That the property is situate within the local limits of the jurisdiction of this Court, and hence,
this Hon'ble Court has jurisdiction to try and decide this suit.
11. That the suit is valued for the purpose of jurisdiction at
Rs. that being the amount equal to 20 times the revenue
assessment, and on the one-fourth of such amount, proper court-fee is paid herewith.
12. That the plaintiff, therefore, prays that -
(A) It be declared that the plaintiff is entitled to one-fourth share in the suit property;
(B) The plaintiffs one-fourth share be divided and given in his possession;
(C) The defendants be permanently restrained from obstructing this plaintiff in his enjoyment of
the suit property;
(D) The plaintiff be paid the costs of this suit from the defendants, and
(E) Any other orders in the interest of justice be kindly passed.
Pune,
Sd/- SI
Dated : PLAINTIFF
Sd/- x X x ADVOCATE FOR PLAINTIFF

82 Legal Drafting
VERIFICATION
I, Shri S1, the present plaintiff, do hereby state on solemn affirmation that the contents of this plaint
in paras 1 to 1.2 are true and correct to the best of my knowledge and belief, and I have signed
hereunder.
Sd/- SI PLAINTIFF
83
26. AN APPLICATION FOR INTERIM INJUNCTION
HIGHLIGHTS
The provision is under Order XXXIX, Rule 1 of the Civil Procedure Code. The meaning of the word
interim is in the meanwhile,* and an injunction means a written order from the court of law,
demanding that something shall be or shall not be done.
The relevant provisions are as follows :
TEMPORARY INJUNCTIONS
1. Cases in which temporary injunction may be granted - Where in any
suit, it is proved by affidavit or otherwise -
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
defrauding his creditors,
(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary
injunction to restrain such act, or make such other order for the purpose of staying and preventing
the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of
the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the
suit as the Court thinks fit, until the disposal of the suit or until further orders.
2. Injunction to restrain repetition or continuance of breach -
(1) In any suit for possession for restraining the defendant from committing a breach of contract or
other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any
time after the commencement of the suit,
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and either before or after judgment, apply to the Court for a temporary injunction to restrain the
defendant from committing the breach of contract or injury of a like kind arising out of the same
contract or relating to the property or right. (2) The Court may by order grant such injunction, on
such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as
the Court thinks fit. (2-A) Consequence of disobedience or breach of injunction -In the case of
disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any
of the terms on which the injunction was granted or the order made, the Court granting the
injunction or making the order, or any Court to which the suit or proceeding is transferred, may
order the property of the person guilty of such disobedience or breach to be attached, and may also
order such person to be detained in the civil prison for a term not exceeding three months, unless in
the meantime the Court directs his release.
No attachment made under this rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues, the property attached may be sold and out of
the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall
pay the balance, if any, to the party entitled thereto.
Before granting injunction, the Court to direct notice to the opposite party - The Court shall in all
cases, except where it appears that the object of granting the injunction would be defeated by the
delay, before granting an injunction, direct notice of the application for the same to be given to the
opposite party :
Provided that, where it is proposed to grant an injunction without giving notice of the application to
the opposite party, the Court shall record the reasons for its opinion that the object of granting the
injunction would be defeated by delay, and require the applicant -
Legal Drafting 85
(a) to deliver to the opposite party, or to send to him by registered
post, immediately after the order granting the injunction has
been made, a copy of the application for injunction together
with -
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents on which the applicant relies, and
(b) to file, on the day on which injunction is granted or on the day
immediately following that day, an affidavit stating that the
copies aforesaid have been so delivered or sent.

(3-A.) Court to dispose of application for injunction within thirty days -
Where an injunction has been granted without giving notice to the opposite party, the Court shall
make an endeavour to finally dispose of the application within thirty days from the date on which
the injunction was granted; and where it is unable so to do, it shall record its reasons for such
inability ._
(4) Order for injunction may be discharged, varied or set aside - Any order for an injunction may be
discharged, or varied, or set aside by the Court, on application made thereto by any party
dissatisfied with such order :
Provided that if in an application for temporary injunction or in any affidavit supporting such
application, a party has knowingly made a false or misleading statement in relation to a material
particular and the injunction was granted without giving notice to the opposite party, the Court shall
vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do
in the interest of justice :
Provided further that where an order for injunction has been passed after giving to a party an
opportunity of being heard, the order shall not be discharged, varied or set aside on the application
of that party except where such discharge, variation or setting aside has been necessitated by a
change in the circumstances, or unless the Court is satisfied that the order has caused undue
hardship to that party.
86
Legal Drafting
(5) Injunction to corporation binding on its officers - An injunction directed to a corporation is

binding not only on the corporation itself, but also on all members and officers of the corporation
whose personal action it seeks to restrain.
Legal Drafting 87
AN APPLICATION FOR INTERIM INJUNCTION IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,
PUNE
AT PUNE
Civil Suit No. 505/2003
ShriSl _ Plaintiff
Versus
Shri F & two others _ Defendants
AN APPLICATION FOR INTERIM INJUNCTION The plaintiff abovenamed submits this application,
praying to state as follows :
1. That the plaintiff has filed the present suit for partition.
2. That it is the case of this plaintiff that the suit property being ancestral, it is held by the
defendant No. 1 as a Karta of the family consisting of the plaintiff and the defendants.
3. That the plaintiff submits that he demanded partition on . , but
the defendant No. 1 refused to do so and in a high-handed manner abused the plaintiff and
threatened him that if the plaintiff were to attempt an entry on the suit property, he would be
severely beaten up, and since then, the defendants have been obstructing the plaintiff in his
enjoyment of the suit property jointly with them.
4. That the plaintiff also submits that it may take a considerable time for the final decision in
this suit, and there being no other source of income to this plaintiff save and except the suit
property, the family of the plaintiff would be subjected to suffer severe hardships, and hence, this
application.
5. That the plaintiff is sanguine about the success of this suit in his favour.
6. That the plaintiff, therefore, prays that during the pendency of this suit, an ad interim
injunction restraining the defendants from obstructing the plaintiff in his enjoyment of the suit
property be kindly issued against the defendants.
88 Legal Drafting
7. That an affidavit in support hereof is filed herewith.
Pune, Sd/- SI
PLAINTIFF
Dated ..
AFFIDAVIT
I, Shri S1, the present plaintiff, do hereby state on solemn affirmation as follows :
1. That the property described in para 2 of the plaint originally belonged to GF, who died in
June 200_, and on his death, the suit property came to be devolved upon the family of the plaintiff
and the defendants, and since then, the defendant No. 1 has been managing the suit property as a
Karta of the joint family.
2. That since last one and a half years, the relationship between the plaintiffs wife and the
defendant No. 2 is so strained that there have been frequent quarrels, and it has finally become
necessary for the plaintiff to live apart.
3. That the plaintiff accordingly called upon the defendant No. 1, on ,
to effect partition, but he refused to do so.
4. That the plaintiff submits that the defendants have been obstructing this plaintiff in his
enjoyment of the suit property along with them, and this plaintiff has no other source of income
except and save the suit property.
5. That the plaintiff, therefore, served upon the defendants a notice,
dated , calling upon them to effect partition, but the defendant
No. 1, once again, refused to do so, and hence, this suit.
6. That the plaintiff and the defendants are governed by the Mitakshara
School of Hindu Law, and accordingly, the plaintiff is entitled to one-
fourth share in the suit property.
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WHATEVER stated above is true and correct to the best of my
knowledge and belief, and so I have signed hereunder at Pune this __ day
of 200
Sd/- SI PLAINTIFF
90
27. A SUIT FOR PARTITION & PERMANENT INJUNCTION
IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE
AT PUNE
Shri RAN
.(Full Name)
age 43 years, occupation - service, resident of Rajgurunagar, Taluka Khed, District Pune.
Civil Suit No. _
) Plaintiff
))
/200.
Versus
1. Shri AJN __(Full Name)
2. Shri DAN (Full Name)
age 40 years, occupation - service, both residents of Rajgurunagar, Taluka Khed, District Pune.
Defendants
A SUIT FOR PARTITION & PERMANENT INJUNCTION
AJN (Defendant No. 1)
RAN DAN
(Plaintiff) (Defendant No. 2)
That the defendant No. 1 is the father of the plaintiff and the defendant No. 2, while the defendant
No. 2 and the plaintiff are full/real brothers.
2. Description of Properties : All that that piece and parcel of lands situate within the
Registration Division & District Pune, Sub-
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Division & Taluka Khed, within the local limits of the Pune Zilla Parishad, revenue village
Rajgurunagar, as detailed below :
3. That all the abovementioned were ancestral, and therein, the plaintiff had undivided 1/3rd
share.
4. That the plaintiff is working as a Deputy Engineer, and because of his employment, he is
required to run from place to place, and hence, the properties are managed and looked after by the
defendants only.
5. That taking the benefit of this position, the defendants started acting in such a manner that
the plaintiff be put to the maximum loss, and, accordingly, for no need or legal necessity, the
defendant
No. 1, at the instigation of the defendant No. 2, sold out, on ,
the land properties mentioned at Sr. No. 1 above, and again sold out
the land property mentioned at Sr. No. 4 above, on
6. That in fact, the defendant No. 1 does not have any need for money, and the income from
Lhe ancestral properties is much more than his needs.
7. That the defendant No. 2 is also employed as a teacher, and his salary itself is sufficient to
meet his expenses, and, as such, there was neither any legal necessity, nor was there any benefit of
the estate, and hence, the defendant No. 1 did not have any right, title or interest to transfer the
said properties without the plaintiffs consent, and hence, those sale-deeds are not valid and binding
on the share of the plaintiff in the said properties.
8. That the properties at Sr. Nos. 1 and 4 have been sold by the defendant No. 1 in favour of
Shri VAG, who happens to be the son-in-law of the defendant No. 1.
9. That the plaintiff submits that the properties are the lands quite rich in quality and fertile.
However, they have been shown to have been sold at a paltry amount of Rs. 20,000/-, which is much
below the said transaction is sham and fraudulent. It has been effected with the sold intention of
defeating the rights of the present plaintiff, and, hence, on this count also, the said sale-deeds are
invalid and
92 Legal Drafting
inoperative. However, the plaintiff is filing a separate suit for declaration and cancellation of the said
sale-deeds, and he deserves his right to do so in the present suit.
10. That after knowing about the said transactions, on or about ,
and then, on , the plaintiff had been to his village and then
he called upon the defendants to explain as to why the said properties were transferred without his
knowledge. However, the defendants refused to reply the queries, and thereupon, the plaintiff
demanded partition of his share in the family properties. However, the defendants specifically
denied to do so asserting that they would not give any property to this plaintiff, and hence, this suit.
11. That the cause of action for the present suit first arose on __,
when the partition was demanded and denied and the same has since then been arising every day
thereafter, and hence, the suit filed today is well within limitation.
12. That the properties are situate within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this suit.
13. That the properties described in para 2 above being agricultural lands are valued at 20 times
the revenue assessment, and proper court fee stamp is paid herewith. In addition to this, for
declaration
and injunction, the suit is valued at Rs. , and the additional
court fee stamp is paid thereon.
(A) It be declared that the plaintiff is entitled to one-third share in the suit properties;
(B) The plaintiffs one-third share be divided by metes and bounds and given in his possession;
(C) While asserting the plaintiffs one-third share, the properties sold, as described in Sr. No. 1
and 4 of para 2 above be taken into account and included in the shares, those may be assigned to
the defendants, and, thus, the plaintiff be given his one-third share of all the properties.
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(D) The defendants be permanently restrained from obstructing
or interfering with the possession of the plaintiff of his
properties;
(E) The plaintiff be paid his*costs from the defendants, and
(F) Any other orders in the interest of justice be kindly passed.

Pune,
Dated
Sd/- RAN PLAINTIFF
Sd/- xXx ADVOCATE FOR PLAINTIFF
VERIFICATION
I, Shri RAN the present plaintiff, do hereby state on solemn affirmation that the contents of this
plaint in paras 1 to 14 are true and correct to the best of my knowledge and belief, and I have signed
hereunder at Pune this
_ day of200_
Sd/- RAN PLAINTIFF
94
28. A SUIT FOR DECLARATION & PERMANENT INJUNCTION
AT PUNE
Civil Suit No. /200_
Shri ASR __.(Full Name)
age 44 years, occupation - agriculture, resident of Rajgurunagar, Taluka Khed, District Pune.
Plaintiff
Versus
1. Shri ABR __(Full Name)
age 69 years, occupation - agriculture, ) Defendants
2. The State of Maharashtra )
A SUIT FOR DECLARATION & PERMANENT INJUNCTION
1. Suit Properties : All those pieces and parcels of lands situate within the Registration Division &
District Pune, Sub-Division & Taluka Haveli, within the local limits of the Pune Zilla Parishad, revenue
village Rajgurunagar, as detailed below :
(A) Gat No. 195/2, admeasuring 45 acres or thereabouts, and bounded by :
On or towards the East _ Gat No. 195/7,
On or towards the South _ Gat No. 200,
On or towards the West _ .Public Road, and
On or towards the North Nullah.
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(B) Gat No. 196, admeasuring 55 acres or thereabouts, and
bounded by :
On or towards the East _ Gat No. 197, On or towards the South _ Gat No. 201, On or
towards the West _ Gat No. 202, and On or towards the North _ Public Road.
(C) Gat No. 200, admeasuring 47 acres or thereabouts, and
bounded by :
On or towards the East_ Gat No. 205, On or towards the South _ Gat No. 211, On or
towards the West _ Public Road, and On or towards the North_ Nullah. That the said lands
had been given to the share of the present
plaintiff in partition effected on , and since the, the plaintiff has
been possession and enjoying the said properties as his exclusive properties, and there is abundant
evidence to establish that the present plaintiff is in actual possession and enjoyment of the said
properties since the said partition, dated .
That, however, it appears on , the defendant No. 1 filed his
return under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act,
hereinafter referred to for the sake of brevity as the "said act". The Special Deputy Collector, Khed
Division, started an enquiry into the holdings of the defendant No. 1, case No. MLS/ME/100, and by
his judgment and order, dated
_, held that the total holding with the defendant No. 1 as on
was 147 acres and 6 gunthas.
That it was also held by the said officer that the defendant No. 1 was the only member in his family
and that he was entitled to hold 108 acres of land only, and, therefore, the surplus land with the
defendant No. 1 was 34 acres and 6 gunthas of land, and he proceeded to delimit the same from
Survey No. 195/2 and gave further incidental directions in the aforesaid judgment and order.
However, suo motu proceedings were started by the Commissioner, Pune Division,
Legal Drafting
Pune, being Ceiling Revision Case No. SHO. 100, who, by his judgment and order passed by the Trial
Court, holding that the defendant No. l's total holding was 180 acres and 26 gunthas, and on
conversion, it came to 428 acres and 34 gunthas, and that the defendant No. 1 was entitled to hold
320 acres and 34 gunthas and so the surplus with the defendant No. 1 came to 108 acres, and so
holding remanded the matter to the Trial Court for reconsideration of the trial under Sections 15, 16
and 21 of the said Act. That against the said judgment and order, the defendant No. 1 preferred a
special civil application No. 250/200_ to the High Court of Judicature at Mumbai, which was
dismissed. Their Lordships were pleased to kindly pass the following order : (i) While calculating
the ceiling areas for the holding of each of
the petitioner or of his family unit, no land shall be taken into
consideration more than once, (ii) Save and except for the above, the rest of the order of the
Commissioner impugned herein stands; (iii) There will be no order as to the costs.
That it is clear from this order that their Lordships have not said that the second partition of the year
200_ is to be completely ignored and only the partition has been considered is of the year 200.. That
after remand, the case was numbered as Ceiling Case No. MLS-W-63 in the Court of the Special
Deputy Collector, Khed, who, by his
judgment order, dated , held that the defendant No. 1 was

entitled to hold 113 of land, i.e. on conversion, the defendant No. 1
was holding 400 acres and 8 gunthas, and the defendant was
entitled to hold 108 acres of land and so the surplus came to be 292
acres and 2 gunthas, and he directed these to be taken from Survey
Nos. 195/2, 196 and 200.
That it is pertinent to note and as will be clear from the judgment
that the present plaintiff was not a party to the said proceedings
after remand.
That against the said judgment and order, it is true that the
defendant No. 1 preferred an appeal No. MRT/SH/CING/17/19 of
Legal Drafting 97
200_ in the court of the Commissioner, Pune Division, who, by its
judgment and order, dated , dismissed the same.
9. That the present plaintiff has a sound and substantial case, for he has been in continuous
possession of these three lands since the partition in the year 1980, and the same has already been
mutated in the extracts of the record of rights by mutation entry No. 268, dated 15.6.1980.
10. That the defendant No. 1 had clearly stated that these three lands were given to the share of
the present plaintiff and that the plaintiff has been continuously and uninterruptedly in possession
of the same, and the defendant No. 1 has then never challenged the said partition during all these
years.
11. That it is clear that the defendant No. 1 had fraudulently concealed all these facts from the
notice of the authorities as well as from the knowledge of this plaintiff and offered the said lands as
surplus holding in his case, and, as such, the said order of the Surplus Land Determination Tribunal
has been obtained by the defendant No. 1 by fraud, and hence, it is null and void.
12. That the present plaintiff has been cultivating the said lands every year and taking crops like
sugarcane, cotton, jowar, what, etc., and he is also a producer-member of the Ganesh Sahakari
Sakhar Karkhana for the last 25 years, and every year, he has been supplying sugarcane to the said
sugar factory, for which h has already received bills for the payment of such supply.
13. That it is also the contention of this plaintiff that the orders passed in the said proceeding in
the case of the defendant No. 1 have been passed without joining the present plaintiff as a party,
and hence, the defendant No. 2 cannot validly enforce the same against the present plaintiff.
14. That even it were to be held that the said partition were invalid, yet the facts stand that the
plaintiff is in actual possession of he said
property right from the date of partition, dated , and, thus,
after the continuous possession of the plaintiff for more than 12 years, the plaintiff in any case
obtained a perfect title by adverse
98
Legal Drafting
possession, and therefore, in the year 1980, the defendant No. 1 had no title to the said property to
offer the same by way of choice of the surplus land, and hence, also the decision is bad.
15. That it is also pertinent to note that the plaintiff all these years has been paying the water
charges and the land revenue in respect of these lands.
(a) it be declared that since the defendant No. 1 had obtained the order from the Surplus Land
Determination Tribunal by fraud, the same is null and void;
(b) in alternative, it be declared that since the present plaintiff was not a party to the said
proceedings, the order passed in that proceeding cannot be enforced against the present plaintiff/
(c) in alternative, since the present plaintiff has been in actual possession of the said lands for
more than 12 years and has obtained a perfect title to the said lands, the defendant No. 1 had no
title to the said property to offer the same by way of his choice, and the said decision is, therefore,
bad and null and void.
(d) the defendants be permanently restrained from executing the said orders against the
present plaintiff in respect of the said lands.
Pune, Sd/- ASR
PLAINTIFF
Dated : .
VERIFICATION
I, Shri ASR the present plaintiff, do hereby state on solemn affirmation that the contents of this
plaint in paras 1 to 14 are true and correct to the best of my knowledge and belief, and I have signed
hereunder at Pune this
_ day of. 200_ Sd/- ASR
PLAINTIFF
29.
Legal Drafting,
A SUIT FOR PERMANENT INJUNCTION
99
AT PUNE
/" \ '! .-- - .....
Civil Suit No. ).... /200..
M/s Pune Construction Company, a partnership firm, registered under the Indian Partnership Act
1932, having its office at 400 Narayan Peth* Pune 411 030, acting through its partner, Shri N..K..P..,
age 35 years, occupation - business, resident of 399 Narayan Peth, Pune 411030.
Plaintiffs
Versus
Shri A...B...C )
age 50 years, occupation - landlord, )
resident of 1900 Gaffarbag Street, )

Pune Camp, Pune 411 001. )
M/s Chalu Builders, a partnership firm,)
registered under the Indian Partnership)
Act 1932, having its office at 50 Rasta )
Peth, Pune 411 011, acting through its )
partner, Shri Z..P..D.., age 35 years, )
occupation - business, resident of )
59 Rasta Peth, Pune 411011. )
Defendants
A SUIT FOR PERMANENT INJUNCTION
100 Legal Drafting
The plaintiffs abovenamed submit this plaint, praying to state as follows :
1. Description of the Property : All that piece and parcel of land
subject to the rules and regulations as to the tenure of land
prevailing in the Cantonment of Pune and situate within the
Registration Division & District Pune, Sub-Division & Taluka
Haveli and registered in the registers of the Cantonment Authorities,
Pune, under No. 1900 Gaffarbag Street, Pune Camp, admeasuring
5000 sqft or thereabouts, together with all and singular the
tenements, buildings and all the structures now standing thereon
and bounded by as follows :
On or towards the East ... Public Road known as
Gaffarbag Street,
Pune Camp,
On or towards the South ... Piece of Land,
On or towards the West ... Public Lane, and
On or towards the North ... Nullah.
2. That the defendant No. 1 is the owner of the property described
in para 1 above, and the defendant had entered into an agreement
to sell the said property Unto the plaintiffs or their nominees by
articles, dated , for and at a price of Rs. 10,00,000/-
(Rupees Ten Lakhs Only) and the total built-up area of the fifth floor in the proposed building.
3. That the plaintiffs had on the date of the agreement paid by way of earnest money a sum of
Rs. 1,00,000/- and a further amount of Rs. 2,00,000/- was to be paid by the plaintiffs unto the
defendant No. 1 on the defendant No. l's obtaining "No Objection Certificate" from the Competent
Authority under the Urban Land (Ceiling & Regulation) Act 1976 and a commencement certificate
from the Pune Cantonment Authorities for commencing the work of construction.
4. That the defendant No. 1 had also undertaken to evict the tenants in the old building at his
earliest and to hand over vacant possession of the property to the plaintiffs.
Legal Drafting 101
5. That by the said agreement to sell, the defendant No. 1 had clearly conveyed all the rights of
and over the construction and the land unto the plaintiffs.
6. That the plaintiffs had from time to time called upon the defendant No. 1 to complete the
said transaction. However, the defendant No. 1 had been making representations to the plaintiffs
that the necessary permissions were being obtained and the tenants were being evicted, and he
would be handing over the possession unto the plaintiffs as early as possible.
7. That on the basis of the representations made by the defendant No. 1, the plaintiffs had all
along been waiting in the matter. The plaintiffs had also served notices on the defendant No. 1
calling upon him to complete the said transaction.
8. That now the plaintiffs learn that the defendant No. 1 has agreed to sell the said property
unto the defendant No. 2, and the defendant No. 2 is believed to have started the work of
construction on the said property, and thus, it has become clear that the defendant No. 1 has
committed a breach of the contract, and the defendant No. 2, though they were warned to that
effect and with full knowledge of the defendant No. l's agreement, attempted to purchase the said
property.
9. That the cause of action for the present suit first arose on
when the plaintiffs saw the construction in progress on the site, and on enquiries learnt the facts
stated hereinabove, and hence, the suit filed today is well within time.
10. That the plaintiffs reserve their right to file a suit for specific performance in due course.
However, the plaintiffs fear that in the mean while, the defendants may try to deal with the property
in such a manner so as to cause irreparable loss and damage to the said property, and, hence, this
suit.
102 Legal Drafting
12. That the suit is valued for the purpose of jurisdiction at Rs ,
and the proper court-fee is paid herewith.
(A) A permanent injunction restraining the defendants from alienating the said property or
dealing therewith in any manner by themselves or through their agents, servants or family members
be granted;
(B) The defendants be restrained permanently from constructing any building on the said
property by themselves, through their agents or the members of their family;
(C) A temporary injunction restraining the defendants from putting on any construction on the
said property and dealing with the same in any manner whatsoever or alienating the said property
or its parts during the pendency of this suit be granted;
(D) The plaintiffs be paid the costs of the suit from the defendants,
and
Pune,
[ N...K...P...]
Dated PLAINTIFFS
ADVOCATE FOR PLAINTIFFS
VERIFICATION
I, Shri N.. .K.. .P.., trustee and chairman of the plaintiff trust abovenamed, do hereby state on solemn
affirmation that the contents of this plaint in paras 1 to 17 are true and correct to the best of our
knowledge and belief, and so we have signed hereunder at Rajgurunagar the date first
abovementioned.
[N....K....P] PLAINTIFFS
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30. A SUIT FOR DECLARATION
103
IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION, PHALTAN
AT PHALTAN
Civil Suit No /200..
Shri S N L ,
age 45 years, occupation - service, resident of House No. 200 Mangalwar Peth, Phaltan, Taluka
Phaltan, District Satara.
) Plaintiff
))
Versus
1. Shri A N L
age 40 years, occupation - service,
2. Smt. K J C ,
age 35 years, occupation - household,
3. Smt. L D N.........
4. Smt. S K P
all residents of House No. 300 Somwar Peth,
Phaltan, Taluka Phaltan, District Satara.
Defendants
A SUIT FOR DECLARATION
1. Description of Suit Property : All that piece and parcel of land situate within the Registration
Division & District Satara, Sub-Division & Taluka Phaltan, within the local limits of the Satara Zilla
Parishad, Taluka Panchayat Phaltan, revenue village Phaltan, bearing Gat Numbers, admeasuring
areas an bounded by as detailed below :
104 Legal Drafting
Sr.No. Survey Number Area Bounded by -
1 5 20 Hectares
2 7 15 Hectares
3 9 10 Hectares
4 11 5 Hectares
2. The Pedigree : That the one, Shri NRL, was the owner of various properties including the suit
land, and the plaintiff and the defendant No. 1 are the sons of the said Shri NRL, while the plaintiff
and the defendant No. 1 are step-brothers of the plaintiff and full sisters of the defendant No. 1.
Likewise, the said Shri NRL had a son by name Shri TRL, and the said Shri TRL was the real brother of
this plaintiff. He died in about 1995, leaving behind his only daughter, the defendant No. 4.
3. That the parties hereto had been forming a joint family for some time, and while in the joint
family, the marriages of the defendant Nos. 2 to 4 were performed as well as in Survey No. 5, a well
was constructed so as to provide irrigated facilities to the other holdings of the plaintiff, and for
raising the necessary funds fir the marriages and the construction of the well, there being no other
source, the family was required to transfer the lands bearing Survey No. 11.
4. That it would be clear that the properties those described hereinabove had been sold for
legal necessity of the family, and, therefore, on behalf of the family.
5. That it would be apparent that since there was a coparcenery consisting of the plaintiffs
father, plaint ..-if, plaintiffs deceased brother by a coparcenery and the plaintiffs father died in
coparcenery prior to the commencement of the Hindu Succession Act 1956, and, as such, by
survivorship, ihe total property of the coparcenery devolved upon the plaintif md the defendant No.
1 only, and in the property of the coparccaery, the defendant Nos. 2 to 4 would be entitled to claim
no i.v. erest at all.
Legal Drafting 105
6. That the defendant No. 1 has been claiming that the lands sold by the family had been sold
out of the plaintiffs share, and the lands those remaining with the party have been the exclusive
holding of the defendant No. 1, while, in fact, in all the suit property, the plaintiff and the defendant
No. 1 have got equal share.
7. That on the defendant No. 1 had taken possession of
the lands and denied the plaintiffs right to the suit lands, and hence, this suit.
8. That the cause of action for the present suit first arose on ,
when the defendant No. 1 denied the plaintiffs right to the suit property, and hence the suit filed
today is within time.
10. That the suit being for declaration, partition and possession, a
court-fee of Rs for declaration, a court-fee on the amount
equal to 20 times the revenue assessment of the suit land for possession have been paid herewith.
(A) It be kindly declared that the plaintiff is entitled to one-half share in the suit properties;
(B) Actual division of the properties be ordered, and the plaintiff be put in exclusive possession
of the properties given to his share;
(C) The plaintiff be paid his costs of this suit from the defendants, and
(D) Any other orders in the interest of justice be kindly passed.
Phaltan,
[S N L ]
Dated : PLAINTIFF
ADVOCATE FOR PLAINTIFF

106 Legal Drafting
VERIFICATION
I, Shri S N L the present plaintiff, do hereby state on
solemn affirmation that the contents of this plaint in paras 1 to 11 are true and correct to the best of
my knowledge and belief, and so I have signed hereunder.
[S N L ]
PLAINTIFF
107
31. MATRIMONIAL PETITIONS
DIVORCE BY MUTUAL CONSENT (WITHOUT BITTERNESS)
U/S 13 (B) OF THE HUNDU MARRIAGE ACT 1955
(AMENDING ACT 1976)
HIGHLIGHTS
This section was introduced by the Amending Act 1976. REQUIREMENTS :
1. Marriage should have been solemnised before or after the commencement of the
Amending Act 1976 (but not before 1955).
2. A joint petition is to be presented to the Court.
3. The grounds for dissolution of marriage must clearly and categorically show that -
(a) The parties are living separately for a period of one year or more before the presentation of
the petition.
(b) They have not been able to live together.
(c) They have mutually agreed to dissolve their marriage.
HEARING :
(a) Not earlier than 6 months, but not later than 18 months.
(b) There should be no collusion.
(c) The Court must make endeavours to bring about a reconciliation. JURISDICTION :
(a) Formerly District Court.
(b) Presently, Civil Judge, Senior Division, for the mofusil area.
(c) Family Court, wherever established, preferably at the District level.
OTHER SOCIAL HIGHLIGHTS OF MATRIMONIAL MATTERS 1. This modern provision recognises the
fact that once the marriage tie is broken by whatever reason and both the spouses are hopelessly
apart, they can agree, at least, on one thing - to get divorce. By resorting to this provision, the couple
can save a lot of expense, time and bother of collecting evidence against each other. Six months'
period for the first hearing is given as a possible "cooling-off period".
Legal Drafting
If there is a petition for divorce on the ground of cruelty, it will take
years together for the parties to get final decision, and still then they
have to go on just collecting evidence against each other, which is
like washing dirty linen in public, and justice delayed is justice
denied, and hence, the provision under section 13 (B) is an asset.
After fighting in the court of law, both the parties are chastened and
rendered wise through bitter experience.
A man forced against his will is of the same opinion still.
Byron : "To a man, love is a thing apart, but to a woman, love is an
all-consuming passion".
Demerit : In respect of matrimonial matters, there are plus points
and minus discounts, too. The husband or wife, as the case maybe,
after easy divorce, would be in search of new pastures where he or
she would be able to browse at his or her sweet will, and hence, it
serves only legal purpose and not a social one.
Marriage is a union of a man and a woman as husband and wife.
To marry means to take as a husband and a wife, while divorce is
termination of marital relationship.

Marriage is a sacrament/sacrosanct in Hinduism and other major
religions except Islam where it I a mere civil contract.
When a man and a woman get married, it is understood that they
would live together and share the conjugal bed.
The object of marriage : Under Hinduism, marriage was essential,
because among other things, a Hindu needed a son to save his soul
after death.
Under Hinduism, there are certain customs, e.g. for the breaking of
a bangle, they say that the bangle is enhanced. If a married woman
is given blessing by elders or godmen, they say. She will die before
her husband, and she becomes happy with such a blessing. Every
Hindu married woman wishes to die before her husband.
Newly married women are sensitive - sometimes more sensitive, but
.they are not always sensible. They have some fallacious and misleading
ideas, and sometimes they are at a hallucinating stage.
Legal Drafting 109
14. An Indian woman is a One-Man-Type, while an Indian man is generally a Many-Women-Type

gentleman ?
15. An English wife wants divorce from her snoring husband, while an English husband wants to
divorce his wife who loves pet dog more than her husband.
16. Legal position of Indian women is better than in most countries in the world.
17. Indian women are denied equal opportunities for personal growth and social development.
18. In India, social conditions, economic balances and religious influences have proved to be
important extra-legal factors that have made them second class citizens in real life.
19. Millions of women are ignorant about their rights and privileges.
20. Indian women are unaware of their rights because of illiteracy and oppressive traditions.
21. The Government can discriminate in favour of women but not against women.
22. Before the Hindu Marriage Act 1955, even an idiot, a lunatic or even an impotent person
could marry lawfully.
23. According to the traditional Hindu Law, a woman was required to treat her husband as god.
Litigation regarding matters of marriage was prohibited, and the couple was obliged to stick
together till death. Manu said, "Neither by sale, nor by desertion, can a wife be released from her
husband".
24. Marriages are made in Heaven, but the parties have to live on the Earth.
25. Whether taking out money from the husband's pocket amounts to an offence under section
379 of the Indian Penal Code on the part of the wife ? Similarly, whether having a sexual intercourse
with wife amounts to an offence under section 376-A of the Indian Penal Code against husband ? If
yes, then the husband would be guilty of the same, and again, he would be a habitual offender.
Chastisement of a child also does not amount to a crime or tort, for it is by way of family privilege.
110 Legal Drafting
26. Amour Courtois = Chivalrous Code of Love is nowadays totally forgotten.
27. FAMILY COURT Family Court is a very broad-based service to matrimonial couples in
particular and families in general.
28. Family Court promotes conciliation and secures speedy settlement of disputes.
29. If there is delay in the cases of granting divorce, husband and wife will both become old, and
even when their flesh becomes weak, their spirit is yet willing.
30. In the course of time, you lose your very rosy flesh and vigour of youth and become a
decayed, bowed and tottering old man. The days of ecstasy of passion soon passes by and your
youth is faded away. You are a mere shadow of your former radiant self.
31. . Society has undergone rapid changes on account of marriage age, education, emancipation
of women, no joint families and destruction of families. Interruptions are too many.
32. In disputes of matrimonial and family affairs, there is no winner and no loser, because they
are to be settled with love, if possible, and with the minimum bitterness at any cost.
33. Marriage may be a contract, but family is not. Family is neither a contract, nor an
agreement; neither a partnership, nor a proprietorship; neither a private limited company, nor a
public limited company, but it is a union for an unlimited private company.
Ill
32. A PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13 (B) OF THE HINDU MARRIAGE ACT, 1955
IN THE COURT OF THE JUDGE, FAMILY COURT, PUNE

AT PUNE
1. Shri H
resident of 700 Narayan Peth,
Pune411030. ) Petitioners
2. Smt. W
Pune 411 030.
A PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13 (B) OF THE HINDU MARRIAGE ACT 1955
The petitioners abovenamed submit this petition, praying to state as follows :
1. That the petitioners are husband and wife, their marriage having
been solemnised at Pune on; , according to the Hindu religion,
vaidic rites and ceremonies.
2. That the petitioner No. 2, prior to the marriage, was known by her maiden name as Kumari
Kanchan, while there is no change resulted in the name of the petitioner No. 1.
3. That out of their wedlock, the petitioners have got a son by name Shubham and daughter
named Pooja.
4. That the petitioners submit that during the recent past, they realised that their likings, tastes
of life, temperaments, ideas, ideologies, thinking, attitudes, aptitudes, intellectual reactions,
capacities, feelings, moods, habits, nature and life are so different
112 Legal Drafting
from each other that it would not be possible for them to hit it off together in future.
5. That the petitioners have tried their best to have a reconciliation for a happy domesticity,
but they have been very unfortunate to bring about the same.
6. That the petitioners have, therefore, decided to dissolve their marriage by mutual consent,
and hence, this petition.
7. That the petitioner No. 2 being in Government service is in a position to maintain herself as
well as the children, and she on her own does hereby forgo the right to maintenance in respect of
herself and the children against the petitioner No. 1.
8. That the petitioners do hereby declare and confirm that this petition preferred by them is
not collusive.
9. That the petitioners submit that their marriage was celebrated as well as they are residing
within the local limits of the jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction
to try and decide this petition
10. That the petitioners also submit and declare that they have been residing separately for the
last more than two years, and hence, this petition is maintainable.
11. That this petition being chargeable with a fixed rate of court fee, the same is paid herewith.
12. That the petitioners, therefore, pray that -
(a) Their marriage be dissolved by a decree of divorce without passing any orders as to the costs
and maintenance, and
(b) Any other orders in the interest of justice be kindly passed.
Pune, Sd/- H
Sd/- W
Dated : .. PETITIONERS
* Sd/- xXx ADVOCATE/S FOR PETITIONER/S
Legal Drafting 113
VERIFICATION (of both the Petitioners)
We, Shri H and Smt. W, the present petitioners, do hereby state on solemn affirmation that the
contents of this petition in paras 1 to 12 are true and correct to the best of our knowledge and
beliefs, and so we have signed hereunder.
Sd/- H Sd/- W PETITIONERS
* Subject to the permission of the Court, as the parties shall not be
allowed to be represented by legal practitioners, vide the Family Court Act 1984.
Note : This topic being of great importance, two more drafts are provided for understanding such a
very delicate subject clearly, exclusively and perfectly.
114 Legal Drafting
AT PUNE
1. Smt SVW
Pune411030. ) Petitioners
2. Shri VSW
age 50 years, occupation - service, resident of 35 Karad, Taluka Karad, District Satara.
1. That the petitioners were married to each other at Pune on
, according to the Hindu religion, vaidic rites and
ceremonies.
2. That the No. 1 of the petitioners, before the marriage, was known by her maiden name as
Nee NGS, while there is no change caused in the name of the petitioner No. 2 of the petitioners.
3. That after the said marriage, the parties started living together
at Pune and cohabited till the end June 200 . However, even
during this period, the matrimony was not a matter of comfort and joy, and the petitioners say that
they had then come to a tacit conclusion that they shall never be able to hit if off together anytime
in the future.
4. That the relationship of the parties hereto during this time
was always strain, and within a year's time, the parties
realised and got convinced that they are so different from each
other in their likings, habits, ideas, ideologies and feelings
Legal Drafting 115

that their cohabitation and matrimony with joy and pleasure would be impossible, and the
differences between the parties
reached such a height that on , the No. 1 of the petitioners
was required to leave the cohabitation, and since then the parties are living apart at the addresses
hereinabove mentioned.
5. That the petitioners submit that they are convinced that conciliation between them is not
possible, and the best course left to them is to terminate the matrimony at the earliest.
6. That the parties started living apart from June 200 And
since then, they have not resumed cohabitation, and hence, this petition.
7. That the cause of action for the present petition first arose on
. , when the cohabitation was terminated, and there is no
undue delay involved in the filing of this petition.
8. That the petitioners do hereby declare and confirm that this petition preferred by them is
not collusive
9. That the marriage was celebrated as well as the parties last resided together within the local
jurisdiction of this court, and hence, this Hon'ble Court has jurisdiction to try and decide this
petition.
11. That the petitioners, therefore, pray that -
(a) This petition be allowed, and marriage between the petitioners be dissolved by a decree of
divorce on the basis of their mutual consent;
(b) No orders be passed as to the costs or future maintenance, and
(c) Any other orders in the interest of justice be kindly passed.
Pune, Sd/- SVW
Dated : _.. Sd/- VSW
PETITIONERS * Sd/- xXx ADVOCATE/S FOR PETITIONER/S
116 Legal Drafting
VERIFICATION (of both the Petitioners)

We, Smt SVW and Shri VSW, the present petitioners, do hereby state on solemn affirmation that the
Sd/- H Sd/-W PETITIONERS
* Subject to the permission of the Court, as the parties shall not be allowed
to be represented by legal practitioners, vide the Family Court Act 1984.
Legal Drafting 117
AT PUNE
Matrimonial
Dr. CSG .
age 51 years, occupation - business, resident of 600 Sadashiv Peth, Pune 411 030.
Dr. . MTD_ .
age 50 years, occupation - service, resident of University of Mysore Campus, Mysore, Karnataka
State.
Petition No. _./200_
Petitioners
1. That the petitioners were married at Pune on. , according to the
Hindu religion, vaidic rites and ceremonies.
2. That after their marriage, the petitioners cohabited and stayed together at Pune only for a
few days.
3. That there has been no change in the name of the petitioner No. 2, and even after the
marriage to the petitioner No. 1, her old name, as mentioned above, continued to be the same.
4. That the petitioner No. 2, before the marriage to the petitioner No. 1, had decided to give up
her service of the University of Mysore and come down to Pune to cohabit with the petitioner No. 1,
but she could not do so, and hence, the cohabitation of the parties became impossible.
5. That in the said unfortunate circumstances, the petitioners have come to a tacit conclusion
that they shall never be able to come
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together and cohabit with each other and have a happy domesticity,
and they have, therefore, decided that their marriage be dissolved.
That the parties herein stayed together only for a very few days after
heir marriage, and there is no issue born out of their wedlock.
That the parties hereto have been staying separately for more than
one year, and hence, this petition is maintainable.
That the petitioners submit that in spite of their sincerity and
loyalty, they have been so unfortunate that all their efforts made by
them devoutly and fervently failed, and they have left no other way
but to finalise their proposal for divorce by mutual consent.
That the petitioners also submit that they are both highly educated
and have accomplished doctorate degrees, but they are very unhappy
to come to such a decision against their wish.
That the petitioners submit that this petition is not preferred in
collusion.
That the petitioner No. 2 does hereby declare and confirm that she
is already in service and earning a handsome salary, and she shall
not have any right to claim maintenance from the petitioner No. 1
under the provisions of law, and if at all she has any such right, she
does hereby forgo the same.
That the parties hereto have last resided within the local limits of
the jurisdiction of this court, and hence, this Hon'ble Court has
jurisdiction to try and decide this petition.
That the necessary court fee is paid herewith.
That the petitioners, therefore, pray that -
(a) the marriage between the petitioners herein be dissolved by a decree of divorce on the basis
of their mutuai consent;
(b) No orders be passed as to the costs or future maintenance, and
Legal Drafting 119
Pune, Sd/- CSG
Dated : Sd/- MTD
PETITIONERS * Sd/- xXx ADVOCATE/S FOR PETITIONER/S
VERIFICATION
(of both the Petitioners)
We, Dr. CSG and Dr. MTD, the present petitioners, do hereby state on solemn affirmation that the
Sd/- CSG Sd/- MTD PETITIONERS
Subject to the permission of the Court, as the parties shall not be allowed to be represented by legal
practitioners, vide the Family Court Act 1984.
120
33. A PETITION FOR DIVORCE ON THE GROUND OF CRUELTY (U/S 13 (l)(ia) OF THE HINDU MARRIAGE
ACT 1955)
HIGHLIGHTS
GROUNDS FOR DIVORCE : (i) ADULTERY :
1. Judicial separation is one step less than divorce. When it becomes impossible to live
together as husband and wife due certain reasons, law allows separation. The marriage continues,
but spouses need not live together.
2. Adultery is a voluntary sexual intercourse of a married person, whether a man or a woman,

with a person who is not a spouse. The act must be voluntary. So, rape or intercourse manipulated
through fraud will not be adultery. One single act of adultery by either party is reason enough for
divorce. Sexual relations between a girl and a boy before marriage is not adultery. It is not necessary
that the sexual intercourse should be complete. Mere suspicion or opportunity for adultery is not
enough to prove adultery. Adultery must be proved clearly, convincingly and beyond reasonable
doubt. It is also not necessary to bring eye witness or direct evidence to prove adultery. It has to be
proved with specific instances. The wife receiving love letters from a man does not prove her guilt.
(ii) CRUELTY :
3. For more than a century, courts had recognised cruelty as a ground
for judicial separation and divorce. Law does not explain what
cruelty is. "Cruelty is conduct of such character as to have caused
danger to life, limb or health (bodily or mental) or as to give rise to
a reasonable apprehension of such danger." The general conduct of
a man towards his wife may amount to cruelty though there is no
actual violence or intention to be cruel. If the behaviour of the
husband affects the wife's health, causing depression, nervousness
or melancholia, it would be cruelty. Long and continuous denial of
sex by one party to the other would amount to mental cruelty. Law
Legal Drafting 121
makes no distinction, whether it is a man or a woman, who denies sex to the other. Impotence is not
cruelty. Charging a wife with adultery and immorality amounts to cruelty. Making false reports to
police and attempt to commit suicide were held to be cruelty. Mere drunkenness is not cruelty, but
if it is with violence and habitual accusation, it would amount to cruelty. Pressing the wife to come
to the husband's home is not cruel, (iii) DESERTION :
Desertion is deliberate withdrawal of the company or abandonment of one spouse by the other
without the other's consent. The spouse who deserts the other must put an end to all marital
relations. The person must have intended to do so. The deserted spouse has not given consents to
the other, and not given provocation to leave. Wilful neglect amounts to desertion. It is not
necessary that the husband and wife should live together every day in the same house. On account
of business or nature of duties, they may be separate, but it does not amount to desertion.
However, the husband and wife living together and under the same roof but avoiding their company
and bed will certainly amount to desertion, (iv) OTHER GROUNDS FOR DIVORCE :
(a) Second Marriage by a Spouse.
(b) Impotency.
(c) Unsound Mind or Insanity - Mental Disorder.
(d) Leprosy.
(e) Venereal Disease - VD should be in a communicable form. VD spreads only through sexual
contact.
(f) Presumption of Death - Seven Years.
(g) One Year's Separation,
(v) SPECIAL MARRIAGE ACT :
(1) Under civil marriage, there is an additional ground for divorce, i.e. seven years'
imprisonment for a criminal offence. This provision is not found in Hindu Law.
(2) Only for Hindus - Renunciation of world - becoming a sanyasi. A person does not become a
sanyasi by a declaration or
122 Legal Drafting
donning of robes. There must be performance of proper ceremonies. According to Hindu Law, a
person "dies" in law and is not entitled to inheritance, and his property passes on immediately to the
heirs. Conversion of religion from Hindu to Muslim. Marriage does not dissolve automatically. Only
Hindu wife can seek dissolution.
123
34. A PETITION FOR DIVORCE ON THE GROUND OF CRUELTY U/S 13 (l)(ia) OF THE HINDU MARRIAGE
ACT 1955
AT PUNE
Smt. W )
age 30 years, occupation - service, ) Petitioner
resident of C/o Shri DAD, )
At/PO Rajgurunagar, Taluka Khed, )
District Pune.
Versus
Shri H )
age 35 years, occupation - business, )
resident of At/PO Manchar, ) Respondent
Takuka Ambegaon, )
District Pune. )
A PETITION FOR DIVORCE
U/S 13 (1) (ia) OF THE
HINDU MARRIAGE ACT 1955
The petitioner abovenamed submits this petition, praying to state as follows :
1. That the petitioner is the wife of the respondent, their marriage
having been solemnised at Pune on according to the Hindu
religion, vaidic rites and ceremonies.
2. That the petitioner, prior to the marriage, was known by her maiden name as Kumari Sonali,
while there is no change resulted in the name of the respondent.
3. That after the marriage, the parties hereto cohabited and resided together for about two
years. However, out of their wedlock, the petitioner begot no child.
124 Legal Drafting
4. That at the time of the settlement of the marriage, the respondent and the elders from his
family concealed from this petitioner and her parents that the respondent was neither in any
service, nor had he been doing any particular business, and the petitioner and her parents realised it
too late when the time has already been passed by, and there was then nothing which could have
been done in the matter.
5. That this petitioner even prior to her marriage had been in Central Government working as a
Telephone Operator in the Telephone Exchange, Rajgurunagar, and since the respondent was
earning nothing, all the household expenses of the family of the respondent had been required to be
met out of the salary of this petitioner alone.
6. That despite the fact that the whole amounts of salary of this petitioner had always been
handed over to the respondent every month, the respondent and the other members of his family
started to make some tall claims and huge demands through this petitioner from her parents, and
with view to meeting one such demand, the petitioner purchased a colour TV set on hire-purchase
basis from the shop of M/s Jai Hind Agency, Laxmi Road, Pune, and all the principal amount as well
as interest due thereon to the tune of Rs. 20,000/- has already been paid by the petitioner alone.
7. That even though immediately after her marriage to the respondent, the petitioner learnt
that the respondent had been a careless man doing nothing in life, the petitioner being brought up
in a cultured family and of a respectable clan, she stayed on and cohabited with him and mutely
suffered all the tensions, tortures and cruelty caused by the respondent.
8. That the respondent has also been in the habit of consuming alcohol, and under the
influence of drink and his parents particularly mother, he used to beat the petitioner up mercilessly
and thereby he not only ill-treated the petitioner but also caused her mental and physical cruelty to
a great extent, and hence, this petition.
9. That the petitioner submits for the kind information and consideration of this Hon'ble Court
that there have been quarrels caused by the
Legal Drafting 125
respondent, and every time, he made out a very poor show, without caring for the prestige of the
family and the character and reputation of this petitioner.
10. . That this petitioner also submits that with a view to saving the married life of the parties,
she tried her best to bring about improvement on the part of the respondent, but instead of any
positive response, the things have gone from bad to worst, and the petitioner became only unhappy.
11. That on account of severe mental cruelty, the petitioner was finally compelled to leave the
house of the respondent against her wish, and she has now been residing with her parents also
against their wish since December 200_
12. That the parties hereto reside within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this petition
13. That the parties hereto have been residing separately for the last more than two years, and
hence, this petition is maintainable.
15. That the petitioner, therefore, prays that -
(a) The marriage between the parties hereto be dissolved by a decree of divorce;
(b) The petitioner be paid her costs from the respondent, and
(c) Any other ordersln the interest of justice be kindly passed.
Pune,
Sd/- W
Dated : _.. PETITIONER

Sd/- xXx ADVOCATE FOR PETITIONER
126 Legal Drafting
VERIFICATION
I, Smt. W, the present petitioner, do hereby state on solemn affirmation that the contents of this
petition in paras 1 to 15 are true and correct to the best of my knowledge and belief, and so I have
signed hereunder.
Sd/- W PETITIONER
Note : For more knowledge, one more draft of a petition for divorce u/s 13 of the Hindu Marriage
Act 1955 is added here.
Legal Drafting 127
35. A PETITION FOR DIVORCE U/S 13 OF THE HINDU MARRIAGE ACT 1955
IN THE COURT OF THE JUDGE, FAMILY COURT, PUNE AT PUNE
Marriage Petition No. _./ 200_
Dr. ASP )
Petitioner
age 34 years, occupation - profession, )
resident of 100 Kalyan Society, )
PUNE 411 030 )
' Versus
Dr. (Mrs) MAP ______ )
Respondent
age 28 years, occupation - profession, )
resident of C/o Shri BJM, Savali Bungalow, )
Jawahar Road, Gulbarga, Karnataka State. )
A PETITION FOR DIVORCE U/S 13 OF THE HINDU MARRIAGE ACT 1955
The petitioner abovenamed submits this petition, praying to state
as follows :
1 That the petitioner was married to the respondent at Gulbarga on
____, according to the Hindu religion, vaidic rites and ceremonies.
2. That the respondent, prior to the marriage, was known by her maiden name as Miss Mona,
while there is no change resulted by the marriage in the name of the petitioner.
3. That the petitioner being the ordinary resident of the Pune City and having habitation at the
address given in the title part, after the said marriage, the respondent accompanied the petitioner to
Pune and started cohabitation from _.
4. That, however, right from the beginning, the respondent was reluctant to reside at Pune and
not so responsive to cohabit with the petitioner, and every now and then, on one or the other
pretext, she used to go
128 Legal Drafting
to the place of her parents and stay there for long stretches of time. Having come to Pune for the
first time, on _______ the respondent
went back to her parental home immediately on , and thereafter,
she did not turn up till ___, and then also stayed with the petitioner
only for a period of about ten days, and on , she went back
to Gulbarga to her parents. Thereafter, the respondent did not turn
up till , and having come to Pune on , after song a time, she lived
at Pune only upto , and again, on , she left Pune for her
parental home, and, thereafter, she ha never turned up as yet.
5. . That during this period, every time, the respondent pleaded some or the other excuse to go
from Pune early and then sent messages and letters advancing lame excuses for her prolonged stays
at Gulbarga, and, thus, right from the beginning, the respondent did never realise her marital
obligations, nor did she ever bother to consider the feelings of the petitioner and the members of his
family for the reasons best known to herself.
6. That the petitioner is a young man practising medical profession, and the very idea of
marrying the respondent was that, if both of them being medical practitioners start a joint practice,
they can do something in life with a greater advantage.
7. That, however, despite all the educational background, the respondent had been so non-
considerate and negligible towards the planning of the future and establishing a joint practice that
she has done everything to disturb the mental peace and well being of the petitioner and nothing to
plan the future joint life.
8. That the petitioner and the members of his family, despite all these responsible defects on
the part of the respondent and in the hope that the respondent by herself or the members of her
family would realise the situation and one day or the other, the wiser counsel would prevail and she
would behave in a more responsible way and discharge her matrimonial obligations properly.
However, all these hopes proved to be in vain.
9. That the respondent, right from the beginning, appears to have some plans of harassing the
petitioner, and this would be clear from the
Legal Drafting 129
letters, which she had written either to this petitioner or his father, and from these letters, it would
appear that though the petitioner and the members of his family were eager to have her back and
were all along inviting her to be at Pune, the respondent was under the pretext of innocence and
education writing such letters and pleading such excuses for her delayed stays there that from them,
the petitioner and the members of his family became apprehensive about the true intentions of the
respondent, and, hence, the petitioner attempted to persuade the respondent to resume
cohabitation and besides writing letters had deputed his relations to visit the respondent and her
parents.
That accordingly, the petitioner's paternal uncle and the petitioner's
mother's sister's son, viz. Shri APP and RAN, and these relations had
gone to the respondent's father's house, and they saw the respondent's
brother and mother. However, though the respondent was very
much present there, she refused to see these relations, and the
mother and the brother did not tell these relations of the petitioner
that nothing could be done by them in the matter, and they would
convey the petitioner's message to the respondent, and, thus, in a
most indecent manner, the respondent had sent back the said
relations. Yet, the petitioner did not lose either head or heart, and
with a view to trying again, the respondent deputed the abovementioned
two persons and his brother, Dr. ASP and two others.
That these people visited the place of the respondent's father, on
. However, they were told that the respondent was out of
station, and the parents and the brother of the respondent were not
in a position either to tell her whereabouts, or the time when she
would be back, and hence, these relations had to come back to Pune.
That it is the reliable information of the petitioner that the respondent
lives with her parents only, but the respondent as well as her parents
and brother were playing these tricks and telling lies just to thwart
the sincere attempts of the petitioner for cohabitation.
That helpless in the matter, yet sincere in his intentions and
attempts, the petitioner, through his lawyer, sent a notice, on ,
130 Legal Drafting
to the respondent, a copy whereof was sent to the respondent under certificate, besides the original
being sent by registered post acknowledgement due. The copies sent under certificate of posting
were duly delivered to the respondent. However, she had not accepted the notice sent by registered
post acknowledgement due, and accordingly, the envelope was received back with postal remarks
"Addressee out of station", and in the situation, the said notice was again dispatched in the similar
manner and received back with the similar remarks, and, thus, this is clear that the respondent
having already learnt that the petitioner had taken the matter seriously and was inclined to take
further action, if the respondent were not to resume cohabitation, the respondent has evaded the
service of the said notice.
14. That the petitioner had all along been very kind, sincere and loving
husband. However, the respondent did not at all respond or
reciprocate these feelings dutifully, and during the total period of
matrimony, the respondent has hardly lived at the petitioner's place
for a period of sixteen days, and since , she has deserted the
petitioner, and hence, this petition.
15. That the petitioner's father had made for the respondent ornaments weighing about 65 gms,
and the respondent had taken all these ornaments with herself, and the petitioner learns that
presently she is employed as a doctor drawing a handsome salary, and the respondent's father and
brother are rich people, and perhaps, it is the wealth and the means available to her that she has
been deserting the petitioner.
16. That the cause of action for the present petition first arose on
and, again, on , when the period of two years of desertion was

completed, and, hence, there is no undue delay in the presentation of this petition.
17. That the parties, after the said marriage, last resided together at
Pune within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction top try and decide this
petition.
Legal Drafting 131
18. That the parties hereto have been residing separately for the last more than two years, and
hence, this petition is maintainable.
(a) The marriage between the petitioner and the respondent be dissolved by a decree of
divorce;
(b) If the Hon'ble Court were to decline the relief prayed for in clause (a) above, alternatively,
the petitioner prays that a decree for judicial separation be passed; and
Pune,
Sd/- ASP
Dated : PETITIONER
* Sd/- xXx ADVOCATE FOR PETITIONER
VERIFICATION
I, Dr. ASP, the present petitioner, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- ASP
PETITIONER
* Subject to the permission of the Court, as the parties shall not be allowed to be
represented by legal practitioners, vide the Family Court Act 1984.

132
36.
Legal Drafting
A PETITION FOR RESTITUTION OF CONJUGAL RIGHTS U/S 9 OF THE HINDU MARRIAGE ACT 1955
HIGHLIGHTS
1. During the British rule, restitution of conjugal rights was introduced into the Indian Law.
Section 9 of the Hindu Marriage Act and section 22 of the Special Marriage Act provide that when
the husband or the wife withdraws from the company of the other without good reason, the
affected person can move the Court for restitution of conjugal rights.
2. For not obeying the orders of conjugal rights, after one year of separation, either party
would be entitled to divorce the other.
3. The provision for restitution of conjugal rights is a tearless way to divorce. It is also used for
reconciliation and reunion. Misunderstandings do take place in marital life, and in our country, in-
laws add their bit of trouble to each marriage. In such cases, the Court could be a meeting place to
sort out the misunderstandings of all the parties. The Court adopts a humane approach and resolves
the conflict between the spouse.
4. Restitution of conjugal rights does not mean restitution of sexual rights. The Court, at the
best, can ensure cohabitation or living together but cannot enforce sexual intercourse. The legal
situation is somewhat like this - "You can take the horse to water, but you cannot make the horse to
drink water."
5. When a man and a woman get married, it is understood that they would cohabit or live
together and share the conjugal bed.
Legal Drafting 133
AT PUNE
Marriage Petition No. ./ 200_
Shri YES )
resident of 999 Kasba Peth, )

PUNE 411 Oil. )
Versus
Smt. NOT )
age 25 years, occupation - education, ) Respondent
resident of C/o Shri RAT, )
House No. 760 Nashik, District Nashik. )
1. That the petitioner is the husband of the respondent, their marriage
having been solemnised at Pune on , according to the Hindu
2. That the respondent, prior to the marriage, was known by her maiden name as (Nee)
Shobha, while there is no change resulted in the name of the petitioner.
3. That after their marriage, the parties hereto cohabited and resided together only for about
two months, and hence, the question of any child by the respondent out of the said wedlock does
not arise.
4. That even though the residence of the joint family of the petitioner has presently been at
the withinmentioned address, the petitioner has also a separate residential flat in the Deccan
Gymkhana area
134 Legal Drafting
where the parties have liberty, privilege and privacy to go and stay there.
5. That immediately after the marriage, on March 200 , the
petitioner and the respondent along with the brother and sister-in-law of the former went to Nashik
for attending a religious ceremony on account of the solemnization of the marriage of the parties
hereto,
and after the ceremony was held on March 200_, the petitioner's
brother and sister-in-law returned to Pune, and the petitioner alone stayed on further there for a
fortnight.
6. That during this stay, when the petitioner inquired with the respondent about their return to
Pune, she straightaway refused to accompany him back to Pune, saying that she had her final-year B.
Com. Examination in April 200_, for which she wanted to prepare by staying at her parents' only, and
the respondent promised the petitioner that she would in the meantime visit the petitioner at Pune,
on 31st March 200_, but despite such a promise on her part, the respondent neither came to Pune,
nor informed her inability, if any, on that account.
7. That since the respondent did not come to Pune or inform anything in that respect, the
petitioner himself went to Nashik and brought the respondent back.
8. That the petitioner respectfully submits that during his stay with the respondent and her
parents at Nashik, he was surprised about the indifferent behaviour on the part of his in-laws, and by
his personal experience with them for about twelve days, he also came to a tacit conclusion that
they are the persons having two sides : one, which is ostensibly open in public and the other ulterior
and intrinsic, which was rather recondite and not revealed, at least, to this petitioner, he being an
innocent and poor creature.
9. That even though the petitioner realised that the respondent being under the heavy
influence of her parents has not been much interested in a happy domesticity and may flout the
sacrosanct ties of the marriage, the petitioner always hoped that perhaps there may be a new day
bringing some light in the life of this petitioner and the
Legal Drafting 135
respondent, for the petitioner is such a man who devoutly and fervently believes that every day is a
new life to a wise man as well as a woman.
10. That then by the end of May 200_, the respondent came to Pune and cohabited with the
petitioner only for a while.
11. That on 1st June 200 , the respondent told this petitioner and his
parents that her mother was sick, and she wanted to see her at Nashik, and accordingly, as per the
wish of the respondent, this petitioner accompanied her to Nashik.
12. That, however, on reaching Nashik and finding there that there was nothing wrong with her
mother, who was quite well, it was a great shock to this petitioner, and he was broken into pieces
for the total indifferent and misbehaviour on the part of his in-laws and the respondent.
13. That while this petitioner was in such a hypercritical and delicate condition at Nashik, his in-
laws managed by threat and coercion to write down the contents of an undertaking and sign the
same to the effect that the petitioner would give up drinking, non-vegetarian food, beating the
respondent up, etc.
14. That the parents of the respondent and other in-laws of the petitioner created excruciating
mental cruelty, tortures and severe tensions for this petitioner subsequently by filing a false criminal
complaint under section 498-A of the Indian Penal Code with the police as well as the court of law.
15. That, thus, the respondent only at the instigation of her parents and other relations left the
society of this petitioner without any sufficient, justifiable or reasonable cause or ground deprived
this petitioner of his conjugal rights against her, and for no reason deserted him and subjected to
suffer unhappiness and misery in life for no fault of his.
16. That the petitioner submits that he was right from the beginning and has ever since been
sincere, ready and willing to cohabit with the respondent, and the respondent being his legally
wedded wife has no right or reason or ground to leave him alone.
136 Legal Drafting
17. That the marriage was solemnised at Pune, and the parties hereto also last resided together
within the local limits of the jurisdiction of this court, and hence this Hon'ble Court has jurisdiction to
try and decide this petition.
18. That the cause of action for this petition first arose on 1st June 200 _, when the respondent
voluntarily deserted this petitioner and left his society with a view to breaking away the matrimonial
tries, and hence, this petition filed today is well within limitation.
19. That the petitioner also declares and confirms that this petition presented by him is not
collusive.
(a) A decree for the restitution of conjugal rights be passed
against the respondent, and she be directed to resume
cohabitation with this petitioner, and
Pune,
Sd/- YES
Dated : _.. PETITIONER
VERIFICATION
I, Shri YES, the present petitioner, do hereby state on solemn affirmation that the contents of this
petition in paras 1 to 21 are true aad correct to the best of my knowledge and belief, and so I have
signed hereunder.
Sd/- YES PETITIONER

* Subject to the permission of the Court, as the parties shall not be allowed to be represented
by legal practitioners, vide the Family Court Act 1984.
Note : One more draft is provided for the convenience of the readers.
Legal Drafting 137
AT PUNE
Marriage Petition No. _./ 200_
Shri B T K ._._ . )
resident of 999 Narayan Peth, )
PUNE 411 030. )
Versus
Smt. ABK_..__.. )
age 25 years, occupation - household, ) Respondent
resident of C/o Shri BAT, )
At & PO Rajgurunagar, Taluka Khed, )
District Pune. )
1. That the petitioner was married to the respondent on ., and their
marriage was solemnised at Pune on , as per the Hindu
2. That the respondent, prior to the marriage, was known by her maiden name as (Nee) Zingi,
while there is no change resulted in the name of the petitioner.
3. That after their marriage, the parties hereto cohabited and resided together only for about
ten months, and out of their wedlock, the respondent has begot a daughter by name Sony.
138 Legal Drafting
4. That since June 200_, on account of the service of the petitioner, the parties hereto resided
together at the residence of the petitioner in Pune, and they had a happy domesticity.
5. That in February 200_, i.e only after ten months after their cohabitation, the respondent
went to her parents for her delivery, and since then, she has never returned to the petitioner for
cohabitation.
6. That when the respondent was due to return, after her delivery, to the petitioner for
cohabitation as was expected by the petitioner, the parents of the petitioner had gone to the
parents of the respondent to bring the respondent back to the petitioner as per the customs and
usages in the community and society. However, without giving any reason, the respondent and her
father refused the invitation of the petitioner and his parents, and flatly told that the respondent
would return to the petitioner only if she wishes and at her own pleasure, but not at the instance of
the petitioner or his parents or anybody else, and since then she has been staying with her parents
only.
7. That after the petitioner came to the tacit conclusion that the respondent had lost her
interest to cohabit with the petitioner and was not, therefore, willing to cohabit with the petitioner
for cohabitation, the petitioner on his own, through his parents and the relatives-in-common made
several requests and a lot of persuasion with a view to bringing the respondent back to the
residence of the petitioner, but that was all in vain.
8. That the petitioner submits that all the efforts sincerely made by the petitioner proved to be
of no use at all, for the respondent, without putting any bonafide excuse for her denial to cohabit
with the petitioner, willingly refused to listen to anyone except her father and others from her
parents' side, and, thus, during all this period, she has all along refused to cohabit with this
petitioner.
9. That when the respondent also realised that she has no reason to refuse the cohabitation
with the petitioner, and the insistence for bringing her back for cohabitation could not be lessened,
the respondent very tactfully and with a view to avoiding such a course
Legal Drafting 139
of action, which would have otherwise the ultimate remedy for this petitioner, filed an application
for maintenance in the Rajgurunagar Court for the purpose of usurping money from the petitioner
towards her maintenance and also to close the doors of the entry of this petitioner to invite her for
cohabitation, and she has also found such a way to harass the petitioner and refuse and deprive the
petitioner of his matrimonial and conjugal rights. The said maintenance application has been
pending in the court of law.
10. . That this petitioner submits for kind and sympathetic consideration of this Hon'ble Court
that the respondent has no ground or reasons whatsoever to refuse the cohabitation with this
petitioner, and that the respondent has left the society of this petitioner for no fault on the part of
this petitioner.
11. . That it was only at her sweet will and under instigation by her parents that the respondent
has been refusing to reside and cohabit with the petitioner and deprive him of his conjugal rights
against the respondent.
12. That the marriage was solemnised at Pune, and the parties hereto also last resided together
within the local limits of the jurisdiction of this court, and hence this Hon'ble Court has jurisdiction to
try and decide this petition.
(a) A decree for the restitution of conjugal rights be passed
against the respondent, and she be directed to resume
cohabitation with this petitioner with a view to restoring back
the normalcy of their domesticity, and
Pune,
Sd/- BTK
Dated : __.. PETITIONER
140 Legal Drafting
VERIFICATION
I, Shri BTK, the present petitioner, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- BTK PETITIONER
* Subject to the permission of the Court, as the parties shall not be allowed to be represented
by legal practitioners, vide the Family Court Act 1984.
141
37. MAINTENANCE
HIGHLIGHTS
Order for Maintenance of Wives, Children and Parents Provision u/s 125 of the Crimihal Procedure
Code 1973
1. If any person having sufficient means neglects or refuses to maintain
his -
(a) Wife (who is not remarried) unable to maintain herself;
(b) Legitimate or illegitimate children who are minor and unable to maintain themselves;
(c) Legitimate or illegitimate children who are major but physically or mentally disabled,
abnormal and unable to maintain themselves;
(d) Parents (father or mother) unable to maintain themselves,
the Judicial Magistrate, First Class, or Judge, Family Court, as the
case may be, shall order such person to pay maintenance.
2. Allowance payable from the date of order or application.
3. Amount of Allowance : Rs. 500/-p.m., but Rs. 1,500/-p.m. for wives only.
4. Jurisdiction : Judicial Magistrate, First Class, or Judge, Family Court, wherever established.
(a) Where the husband resides, or
(b) Where the wife resides, or
(c) Where they last resided together, or
(d) Where the applicant resides, or
(e) Where the opponent resides.
4. Failure to comply with the order of maintenance, the opponent is liable to be sentenced.
(One month's allowance = One month's imprisonment).
5. (a) If the wife refuses to live with her husband without justifiable
grounds she is not entitled to claim maintenance, (b) If the wife lives in adultery, she is not
entitled to claim or receive maintenance .Adultery means it should be the adulterous conduct, and
not a single or occasional lapse from virtue.
Legal Drafting
(c) If the husband and wife live separately by mutual consent, she is not entitled.
(d) If the husband has contracted marriage with another woman or kept a mistress, it is a just
ground for the wife to refuse to live with her husband.
Evidence is to be recorded and proceedings conducted in the
presence of the opponent.
It is a summons case.
To refuse = Failure to maintain; To neglect = Default or omission to
maintain. Refusal or neglect may be implied from the conduct of the
opponent.
Maintenance means to provide for appropriate food, clothing and
lodging (but does not include luxury or even medicine). To maintain
means to keep in certain conditions. Maintenance is not payable in
any other form or kind, but it has to be paid by way of money, and
money is honey of humanity.
A mistress is not, even though her children are, entitled to claim
maintenance.
The object of Section 125 : It is a summary remedy to save the
dependants from destination and vagrancy and to serve a social
purpose. The very object of the provision is to keep away the wolf
of hunger. Jurisprudentially, this remedy is preventive rather than
punitive.
The provision under Section 125 is independent of personal law, and
the applicant can pursue both the rights.
Conditions :
(a) The applicant must file an application with the Judicial Magistrate, First Class, or Family
Court.
(b) The applicant must be unable to maintain himself/herself.
(c) The opponent must have neglected or refused to maintain the applicant.
(d) The opponent must have sufficient means. Sufficient means = not the property or the
present income, but the capacity to earn money.
Legal Drafting 143
14. No limitation is applicable.
15. Revision by a Sessions Judge : If the orders are passed by the Sessions Judge in revision, no
further revisional application or appeal shall be entertained by the High Court or any other court,
vide Section 399 (3) of the Criminal Procedure Code 1973. However, if any orders in maintenance are
passed by the Judge of a Family Court, an appeal against the same shall lie only to the High Court
and heard by the Bench of two or more judges.
16. All the powers under Chapter IX of the Criminal Procedure Code 1973, which were conferred
upon the Judicial Magistrate, First Class, have now been delegated to the Judges of the Family Courts
wherever such courts are established.
OTHER SOCIAL HIGHLIGHTS
17. The wife cannot be left at the charity of her relatives.
18. A serious flaw as it stands today is that a widowed daughter cannot get maintenance.
However, an unmarried daughter can get maintenance from her father under the provisions of the
personal law.
19. A wife can claim maintenance under section 125 of the Criminal Procedure Code as well as
personal law - Permanent Alimony.
20. In case of a Hindu woman, she will be entitled also to claim maintenance u/s 18 of the Hindu
Adoptions & Maintenance Act 1956.
21. Though under the provision of the personal law, i.e. Hindu Law, a widowed daughter-in-law
can get maintenance from her father-in-law, but he is not obliged to maintain her, if he has no
ancestral property. Also, if the father-in-law dies, his duty to provide for the widowed daughter-in-
law would not fall on the mother-in-law. These are the great loopholes
22. If the husbands have been missing, absconding or imprisoned (or whose husbands have
deserted them), such women cannot claim maintenance from their fathers-in-law, because their
husbands are living.
144 Legal Drafting
AN APPLICATION FOR MAINTENANCE U/S 125 OF THE CRIMINAL PROCEDURE CODE 1973
(FOR A WIFE)
AT PUNE
Maintenance Application No. ./ 200_
Smt. W . )
age 25years, occupation - Nil, ) Applicant
resident of C/o Shri DAD, )
PUNE 411 Oil. )
Versus
Shri H )
age 30 years, occupation - Service, ) Opponent
resident of 1050 Sadashiv Peth, )
PUNE 411 030. )
AN APPLICATION FOR MAINTENANCE U/S 125 OF THE Cr. P.C. 1973
The applicant abovenamed submits this petition, praying to state as follows :
1. That the applicant is the wife of the opponent, their marriage having
been solemnized at Pune, on according to the Hindu
religion, vaidic ceremonies and ceremonies.
2. That the applicant prior to the marriage was known by her maiden name as Kumari Urmila,
while there is no change resulted in the name of the opponent.
3. That after the marriage, the applicant and the opponent cohabited and resided together for
about two and a half years, and during this period, the applicant begot no child.
4. That since the applicant did not beget a child, the opponent started to ill-treat this applicant,
and on a number of occasions, she was
Legal Drafting 145
driven out of the matrimonial house, and then, the applicant had no other go but to stay with her
parents against her and their wishes.
5. That the applicant and her parents tried their best to convince the opponent and his parents
that the fault of not begetting a child does not lie on the applicant, but the opponent did not listen
to the same and also did not allow this applicant to cohabit with him.
6. That the applicant submits that she has already undergone the necessary medical tests, and
from the reports given by the specialised experts and doctors, it is confirmed that there is no fault
on the part of the applicant for not begetting a child.
7. That the applicant also submits that she tried to go to the applicant for cohabitation on
more than three occasions, but the opponent did not allow her to do so, and on the contrary, he
finally told the applicant that she should never think of living and cohabiting with him anytime in
future.
8. That the opponent is in the habit of consuming alcohol, and under the influence of drink and
his parents besting the applicant up mercilessly.
9. That the applicant is, thus, forced to stay with her parents who are very poor.
10. That the applicant is illiterate, amd she is unable to maintain herself.
11. That the opponent is a doctor working at the Sassoon General Hospitals, Pune, and is
drawing a salary of Rs. 20,000/- per month, and even though he has sufficient means, the opponent
has refused and neglected to maintain this applicant, and hence, this applicant.
12. That the applicant also submits and states that the opponent has contracted marriage to
another woman, one Vaishali, who is also working in the said Hospital as a Staff Nurse.
13. That the applicant also served upon the opponent a notice, on ,
calling upon him to pay unto the applicant a maintenance allowance @ Rs. 1,200/- per month, but
the opponent has not done so, and hence this application.
146 . Legal Drafting
14. That the applicant is residing within the local limits of the jurisdiction of this court, and
hence, this Hon'ble Court has jurisdiction to try and decide this application.
15. That this application being chargeable with a fixed rate of court fee, the same is paid
herewith.
16. That the applicant, therefore, prays that -
(A) This application be kindly allowed, and the opponent be ordered to pay unto this applicant
maintenance allowance @ Rs. 1,200/- per month from the date of this application;
(B) The costs of this application be awarded from the opponent; and
(C) Any other orders in the interest of justice be kindly passed.
Pune, Sd/- W
Dated . APPLICANT
*Sd/-xXx ADVOCATE FOR APPLICANT
VERIFICATION
I, Smt. W, the present applicant, do hereby state on solemn affirmation that the contents of this
application in paras 1 to 16 are true and correct to the best of my knowledge and belief, so I have
signed hereunder.
Sd/- W APPLICANT
* Subject to the permission of the Court, as the parties shall not be allowed
as of right to be represented by legal practitioners, vide the Family Court Act 1984.
Legal Drafting 147
38. A WRITTEN STATEMENT OF THE OPPONENT-HUSBAND IN A MAINTENANCE APPLICATION
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,
KHED AT RAJGURUNAGAR
Maintenance Application No. 999/ 2003
Smt. W . _ Applicant
Versus
Shri H _ Opponent
A WTITTEN STATEMENT ON BEHALF OF THE OPPONENT
The opponent abovenamed submits this statement, praying to state as follows :
1. That the contents of para 1 of the application are true and correct, and hence admitted by
this opponent.
2. That the contents of para 2of the application are likewise true and correct, and hence, call
for no comments.
3. That the contents of para 3 of the application are false, baseless, frivolous, and hence,
denied by this opponent, and this opponent submits that the applicant right from the beginning was
in the habit of staying with her parents, and she practically cohabited with this opponent hardly for a
fortnight or so after the marriage, and since then, she has always had been residing at her parents'
till this date.
4. That the contents of para 4 of the application are a sheer piece of fabrication on the part of
the applicant, and this opponent submits that since the applicant, in fact, cohabited with this
opponent only for a few days, the question of begetting a child or making such wild
148 Legal Drafting
allegations against the opponent does not arise, and the so-called medical check-up is a false and
imaginary story.
5. That the contents of para 5 of the application are likewise totally false, and while denying
the same, this opponent does hereby reiterate that when the applicant did not cohabit with this
opponent anytime during the existence of their marriage, except and save those few days in the
beginning after the marriage, the alleged ill-treatment could not be meted out to her, and such
allegations are far away from any truth therein and do not hold water at all.
6. That the contents of para 6 of the application to the effect that the applicant had tried to go
to this opponent for cohabitation are not only totally false but also misleading, and hence, denied by
this opponent in toto and categorically, and the opponent requests this Hon'ble Court to take this
fact into consideration.
7. That the contents of para 7 of the application alleging that this opponent has contracted a
second marriage with the so-called staff nurse are vertex on the part of the applicant, and it shows
that the applicant is at a loose end to make such dirty, totally false and illegal allegations against the
opponent, and while denying the same, the opponent requests this Hon'ble Court to put the
applicant to the strict proof of the same.
8. That the contents of para 8 of the application are baseless and denied by this opponent
specifically, and what the applicant says is just perverse and exaggeration, and this opponent says
and submits that he is working as Compounder, and not as a Doctor, at the Sassoon General
Hospitals, Pune, and he is drawing a salary of Rs. 8,000/- per month, and not Rs. 20,000/- per month.
9. That the contents of para 9 are also totally false, baseless, frivolous, and hence, denied by
this opponent.
10. That the opponent respectfully submits for the kind and sympathetic consideration of this
Hon'ble Court that the opponent was always and is still ready and willing to maintain the applicant,
and he has never refused or neglected to maintain her, and there was no cause of action for the
applicant to file the present application.
Legal Drafting 149
11. That the opponent, therefore, prays that -
(A) The application of the applicant be dismissed, and
(B) Any other orders in the interest of justice may kindly be passed.
Sd/- H
Dated . OPPONENT
Sd/-xXx ADVOCATE FOR OPPONENT
VERIFICATION
I, Shri H, the present opponent, do hereby state on solemn affirmation that the contents of this
statement in paras 1 to 11 are true and correct to the best of my knowledge and belief, so I have
signed hereunder.
Sd/- H OPPONENT
150 Legal Drafting
39. ASUIT FOR EVIGTION/RECOVERY OF POSSESSION
HIGHLIGHTS
The old Bombay Rents, Hotel and Lodging House Rates Control Act 1947 has been amended and
replaced by the Maharashtra Rent Control Act 1999, and the relevant provisions with respect to the
matters of Recovery of Possession are as follows :
16. When landlord may recover possession -
(1) Notwithstanding anything contained in this Act but subject to the provisions of section 25, a
landlord shall be entitled to recover possession of any premises, if the Court is satisfied -
(a) that the tenant has committed any act contrary to the provisions
of clause (o) of section 108 of the Transfer of Property Act
1882;
Explanation - For the purposes of this clause, replacing of titles or closing of balcony of premises
shall not be regarded as an act of causing damage to the building or destructive or permanently
injurious thereto; or
(b) that the tenant has, without the landlord's consent given in
writing, erected on the premises any permanent structure;
Explanation - For the purposes of this clause, the expression "permanent structure" does not include
the carrying out of any work with the permission, wherever necessary, of the municipal authority,
for providing a wooden partition, standing cooking platform in kitchen, door, lattice work of opening
of a window necessary for ventilation, a false ceiling, installation of air-conditioner, an exhaust
outlet or a smoke chimney; or
(c) that the tenant, his agent, servant, persons inducted by the
tenant or claiming under the tenant or, any person residing
with the tenant has been guilty of conduct which is a nuisance
or annoyance to the adjoining or neighbouring occupier, or
has been convicted of using the premises or allowing the
premises to be used for immoral or illegal purposes or that the
Legal Drafting 151
tenant has in respect of the premises been convicted of an offence of contravention of any of the
provisions of clause (a) of sub-section 394 or of section 394A of the Mumbai Municipal Corporation
Act 1888 or of sub-section (1) of section 376 or of section 376A of the Bombay Provincial Municipal
Corporations Act 1949, or of section 229 of the City of Nagpur Municipal Corporation Act 1948, or of
section 280 or of section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act 1965; or
(d) that the tenant has given notice to quit and in consequence of that notice, the landlord has
contracted to sell or let the premises or has taken any other steps as a result of which he would, in
the opinion of the Court, be seriously prejudiced if he could not obtain possession of the premises;
or
(e) that the tenant has -
on or after the 1st day of February 1973, in the areas to which the Bombay Rents, Hotel and Lodging
House Rates Control Act 1947 applied; or (i) on or after the commencement of this Act, in the
Vidarbha
and Marathwada, areas of the State,
unlawfully sub-let or given on licence, the whole or part of
the premises or assigned or transferred in any other
manner his interest therein; or
(fj that the premises were let to the tenant for use as a residence
by reason of his being in the service or employment of the
landlord, and that the tenant has ceased, whether before or
after commencement of this Act, to be in such service or
employment; or ,
(g) that the premises are reasonably and bonqfide required by the landlord for occupation by
himself or by any person for whose benefit the premises are held or where the landlord is a trustee
of a public charitable trust that the premises are required for occupation for the purpose of the
trust; or
152 Legal Drafting
(h) that the premises are reasonably and bonafide required by the landlord for carrying out repairs
which cannot be carried out without the premises being vacated; or
(i) that the premises are reasonably and bonafide required by the landlord for the immediate
purpose of demolishing them and such demolition is to be made for the purpose of erecting new
building on the premises sought to be demolished;
(j) that the premises let consist of a tenements on the terrace of a building such tenement or
tenements being only in part of the total area of the terrace and that the premises or any part
thereof are required by the landlord for the purpose of the demolition thereof and erection or
raising of a floor or floors on such terrace :
Explanation - For the purposes of this clause, if the premises let include the terrace or part thereof,
or garages, servants quarters or out-houses (which are not on the terrace), or all or any one or more
of them, this clause shall nevertheless apply; or
(k) that the premises are required for the immediate purpose of demolition ordered by any
municipal authority or other competent authority; or
(1) that where the premises are land in the nature of garden or grounds appurtenant to a building or
part of a building, such land is required by the landlord for the erection of a new building which a
municipal authority has approved or permitted him to build thereon; of
(m) that the rent charged by the tenant for the premises or any part thereof which are sub-let is in
excess of the standard rent and permitted increases in respect of such premises or part or that the
tenant has received any fine, premium, other like sum of consideration in respect of such premises
or part; or
(n) that the premises have not been used without reasonable cause for the purpose for which they
were let for a continuous
Legal Drafting 153
period of six months immediately preceding the date of the suit;
(2) No decree for eviction shall be passed on the ground, specified
in clause (g) of sub-section (1), if the Court is satisfied that, having regard
to all the circumstances of the case including the question whether other
reasonable accommodation is available for the landlord or the tenant,
greater hardship would be caused by passing the decree than by refusing
to pass it.
Where the Court is satisfied that no hardship would be caused either to the tenant or to the landlord
by passing the decree in respect of a part of the premises, the Court shall pass the decree in respect
of such part only.
Explanation - For the purpose of clause (g) of sub-section (1), the expression "landlord" shall not
include a rent-farmer or rent-collector of estate-manager.
(3) A landlord shall not be entitled to recover possession of any premises under the provisions
of clause (g) of sub-section (1), if the premises are let to the Central Government in a cantonment
area, and such premises are being used for residence of the armed forces of the Union or their
families.
(4) The Court may pass the decree on the ground specified in clause (h) or (i) of sub-section (1)
only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out
the work of repair or erection.
(5) Notwithstanding anything contained in any other law for the time being in force, an
assignment of a decree for eviction obtained on the grounds specified in clauses (g), (h), (i) and (j) of
sub-section (1) shall be unlawful.
154. Legal Drafting
A SUIT FOR RECOVERY OF POSSESSION & MONEY CLAIM
IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE
AT PUNE
Civil Suit No. / 200_
Shri L N D )
age 50 years, occupation - business, ) Plaintiff
resident of 250 Budhwar Peth, )
PUNE 411 002. )
Versus
Shri TNT )
age 40 years, occupation - service, ) Defendant

resident of 250 Budhwar Peth, )
PUNE 411 002. )
A SUIT FOR RECOVERY OF POSSESSION AND MONDY CLAIM The plaintiff abovenamed submits this
plaint, praying to state as follows :
1. Description of Suit Property : All that piece and parcel of premises consisting of three rooms
along with attached sanitary block totally admeasuring 350 sft situate on the ground floor in the old
building standing at CTS No. 250 of Budhwar Peth, Pune City.
2. That the property described in para 1 above is owned by the plaintiff, and the defendant is a
monthly tenant in the said property.
3. That the month of tenancy is according to the English calendar, commencing on the first day
in a month and ending on the last day of the same month.
4. That the monthly rent for the suit premises is @ Rs. 150/- exclusive of all other charges and
taxes.
5. That the defendant has not paid the amount of monthly rent from January 200_., and thus,
he has become a defaulter within the meaning, provision and interpretation of the Maharashtra
Rent Control Act 1999. ,
Legal Drafting 155
6. That the defendant without the consent of this plaintiff also erected a permanent structure
in the suit premises by providing a wall.
7. That the defendant has already acquired a spacious flat in the Swanand Cooperative Housing
Society at Kothrud, and the defendant has shifted his residence there and kept the suit premises
duly locked for more than two years.
8. That there are as many as twelve members in the family of the plaintiff, and since the
premises in possession of the plaintiff are inadequate and insufficient, he requires the suit premises
for his personal bonafide occupation.
9. That the plaintiff served upon the defendant a notice, on calling
upon him to vacate the premises and hand over vacant and peaceful possession thereof unto the
plaintiff, but the defendant refused to do so, and hence, this suit.
10. That the defendant has also been very irregular in making the payment of monthly rent, and
sometimes he pays the rent occasionally or for a period of 4/5 months.
11. That even though the defendant has been using the premises for so many years, he keeps
the same in a dirty condition.
12. Particulars of Money Claim : Rupees

(A) Arrears of Rent from 1.1.200.. to
31.12.200_ @ Rs. 150/- per month 1,800/-
(B) Amount of Mesne Profits from 1.1.200_
to 31.1.200_ @ Rs. 150/- p.m. 150/-
(C) Notice Charge 450/-
(D) Total Amount Due and Claimed 2,400/-
(E) Less Amount Received_ _ - NIL -
(F) Net Amount Due and Claimed _ 2,400/-
156 Legal Drafting
13. That the plaintiff so,far several attempts so as to recover the arrears of rent even by asking
the defendant to make the payment in instalments, but the defendant has never taken anything
seriously and sincerely, and hence this suit.
when the defendant refused to vacate the suit premises, and the same has since then been arising
every day thereafter, and hence, the suit filed today is well within limitation.
15. That the property is situate within the local limits of the jurisdiction of this court, and hence,
16. That the suit is valued at Rs. 1,800/- that being the amount equal to 12 months' rent, and a
separate court fee on the amount of money claim has been paid herewith.
(A) A decree of eviction be passed against the defendant;
(B) Vacant possession of the suit premises be restored to the plaintiff;
(C) The defendant be ordered to pay unto this plaintiff the amount of money claim and also
mesne profits @ Rs. 150/- p.m. from the date of filing this suit till recovery of possession;
(D) The costs of this plaintiff be paid from the defendant; and
Pune,
Sd/- LND
Dated : .. PLAINTIFF
VERIFICATION
I, Shri LND, the present opponent, do hereby state on solemn
affirmation that the contents of this statement in paras 1 to 17 are true
and correct to the best- of my knowledge and belief, so I have signed
hereunder. Sd/- LND
PLAINTIFF
Legal Drafting 157
A SUIT FOR RECOVERY OF POSSESSION & ARREARS OF RENT
IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE AT PUNE
Civil Suit No. _/ 200_
Smt _M_V_D_ )
age 50 years, occupation - business, ) Plaintiff
resident of 60 Erandwane, )
PUNE 411 004. )
Versus
Shri __V_M__L_ )
age 40 years, occupation - service, ) Defendant
resident of 600 Rasta Peth, )
PUNE 411 011. )
A SUIT FOR RECOVERY OF POSSESSION AND ARREARS OF RENT
1. Description of Suit Property : All that piece and parcel of premises consisting of three rooms
along with attached sanitary block totally admeasuring 900 sft situate on the ground floor in the old
building standing at CTS No. 600 of Rasta Peth, Pune City.
2. That the property fully described in para 1 above is owned by the present plaintiff, and the
defendant is a monthly tenant therein.
4. That the monthly rent for the suit premises is @ Rs. 150/- exclusive of all other charges and
taxes.
5. That the defendant was irregular in making the payment of the rent from the beginning, and
on that account, the plaintiff had previously filed a civil suit against the defendant for possession in
the Small
158 Legal Drafting
Causes Court, Pune, and eventually the said suit came to be compromised. In that suit, the
defendant had given in writing an undertaking that he would be paying the rent regularly, i.e. month
to month basis.
6. That irrespective of that, the defendant is irregular in the payment of rent and is in the habit of
paying the rent occasionally and pays the rent for a period of 5/6 months or sometimes even 8/9
months also. Thus, the defendant has become a defaulter in the payment of rent, as he failed to
observe the terms and conditions of the compromise arrived at by and between the parties in the
previous civil suit No. 420/1996.
7'. That the defendant is occupying the suit premises for the last thirty years, and from the
beginning, he using the suit premises in such a fashion so as to cause damage and waste to the said
property. Of the late, the defendant has demolished the wall between the two rooms, and he has
fixed a door. He has also demolished another wall and fixed a window therein. While doing so, he
has not obtained any permission of the plaintiff. Thus, the act of the defendant in demolishing the
walls and constructing or erecting door and window amounts to breach of the provisions of the
Maharashtra Rent Control Act 1999.
8. That the defendant without any permission of this plaintiff has constructed permanent
partitions in the suit premises.
9. That the defendant has taken a water connection from the adjacent property without the
consent of this plaintiff. In doing so, he has caused damage to the suit property, as he was required
to lay down the pipeline from the adjacent property.
10. That the suit premises are admeasuring 900 sqft, while the family of the defendant consists
of only three members. On the other hand, the plaintiff is carrying on a business on the first floor
and running a lodge there. The plaintiffs two sons are looking after the said business. The nature of
the said business is such that one of the sons should be residing permanently in the suit property
only. However, there is no other premises available for occupation, and
Legal Drafting 159

the suit property is, therefore, required by the plaintiff for her and ■ her family members for her
bonaftde personal occupation. Similarly, the area of the suit premises being 900 sqft, the defendant
is not in need of so large premises, and hence, the suit premises are much more than the actual
need of the defendant.
11. That the defendant is using premises in such a fashion that he is causing nuisance and
annoyance to the other tenants as well as lodgers.
12. That the defendant is in the habit of making false complaints to the Pune Municipal
Corporation and is trying to harass this plaintiff. The defendant has recently made a false complaint
to the Pune Municipal Corporation seeking a permission for urgent repairs in respect of the suit
premises. The defendant managed to get the authorities of the Pune Municipal Corporation moved
in that behalf, and accordingly, a notice by the Pune Municipal Corporation has been served on this
plaintiff.
13. That present plaintiff also served a notice on the Pune Municipal Commissioner, informing
the factual position and has made it clear that there is no such necessity of urgent repairs. However,
the defendant is instigating the Pune Municipal Corporation authorities for taking action against the
plaintiff. Thus, the behaviour of the defendant amounts /to nuisance.
14. That for the reasons stated above, the plaintiff also served a notice
on the defendant through her lawyer, on , terminating the
tenancy of the defendant and calling upon him to vacate the suit premises and hand over vacant and
peaceful possession of the same
by the end of March 200 , but even though the defendant has duly
received the said notice, he did not even care to reply the same, and also not vacated the suit
premises, and hence, this suit.
160
Legal Drafting
15. Particulars of Claim :
(A) Rs. 2,000/- _ Arrears of Rent.
(B) Rs. 2,000/- _ Mesne Profits.
(C) Rs. 1,000/-_ Notice Charges.
(D) Rs. 5,000/- _ Total Amount Due and Claimed

(E) Rs. -NIL - _ Amount Less Received
(F) Rs. 5,000/-_ Net Amount Due and Claimed
when the defendant refused to vacate the suit premises, and the same has since then been arising
every day thereafter, and hence, the suit filed today is well within limitation.
18. That the proper court fee is paid herewith.
(A) It be ordered that the defendant should vacate the suit premises;
(B) The arrears of rent be recovered from the defendant;
(C) Vacant possession of the suit premises be restored to the plaintiff;
(D) The defendant be ordered to pay unto this plaintiff the amount
of money claim and also mesne profits @ Rs. p.m. from
the date of filing this suit till recovery of possession;
(E) The costs of this plaintiff be paid from the defendant; and
(F) Any other orders in the interest of justice be kindly passed.
Pune, Sd/- MVD
Dated : PLAINTIFF
Legal Drafting 161
VERIFICATION
I, Smt. MVD, the present opponent, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- MVD PLAINTIFF

162 Legal Drafting
40. A SUIT FOR RECOVERY OF POSSESSION & ARREARS OF RENT [PLOTS OF LAND]
IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION, AMBEGAON AT GHODEGAON
Shri D S R
age 33 years, occupation - agriculture, resident of House No. 100, Ghodegaon, Taluka Ambegaon,
District Pune.
Civil Suit No /200.
Plaintiff
Versus
agriculture, agriculture, agriculture,
1. ShriT....N B ,
age 65 years, occupation
2. ShriN....T B ,
3. Shri A....T B
4. Shri B....T....B
age 22 years, occupation - agriculture, all residents of House No. 150 Ghodegaon, Taluka Ambegaon,
District Pune.
Defendants
A SUIT FOR RECOVERY OF POSSESSION & INJUNCTION
The plaintiff abovenamed respectfully submits this plaint, praying to state as follows :
1. Description of the Suit Properties : All those pieces and parcels of land situate within the
Registration Division & District Pune, Sub-Division & Taluka Ambegaon, within the local limits of the
Pune Zilla Parishad, bearing Survey No. 250, of revenue village Ghodegaon :
Legal Drafting 163
(a) An area of 100 sqm situate in the south-west corner of the said
land, and bounded by as follows : •
On or towards the East ... Part of the said Survey Number,
On or towards the South... S. No. 252,
On or towards the West ... Public Road, and
On or towards the North ... S. No. 255.
(b) An area of 100 sqm out of the said S. No. and bounded by as
follows :
On or towards the East ... Part of the said Survey Number, On or towards the South... Part of
the said Survey Number, On or towards the West ... Public Road, and On or towards the North ...
S. No. 260.
(c) An area of 50 sqm out of the said S. No. and bounded by as
follows:
On or towards the East ... Part of the said Survey Number, On or towards the South... Part of
the said Survey Number, On or towards the West ... Public Road, and On or towards the North ...
S. No. 259.
2. That the property bearing S. No. 250 originally belonged to the
defendants, and the defendant No. 1, by sale-deed, dated
absolutely sold the same unto the plaintiff, and the said sale-deed is registered with the office of the
Sub-Registrar, Ambegaon, at Sr. No. 350, and since then, the plaintiff is in possession and occupation
of the said property.
3. That at the time of the sale-deed, the properties described in clause (a) and (b) above were
occupied by the hutments put on by the defendants, and the defendant No. 1, in the sale-deed, had
undertaken to remove the said huts the same day. However, he did not do so.
4. That all along, the plaintiff had been demanding the defendants to remove the said huts.
However, they had been under one or the other pretext avoiding to do so.
5. That the property described in para 1 (c) is a shed of tin sheet erected by the plaintiff at his
cost in the year 1990, and the
164 Legal Drafting
plaintiff had been occupying the sane. However, on or about
the defendant No. 1 acting in collusion with his sons, i.e.
the defendant Nos. 2, 3 and 4, forcibly entered in the said shed and occupied the said property.
6. That on the said trespass, the plaintiff had lodged a complaint with the police. However, the
defendants have been persisting in their illegal activities, and therefore, this suit.
7. That the cause of action for the present suit first arose on and
then again on and hence, the suit filed today is well within
limitation.
8. That the suit property is situate within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this suit.
9. That the suit is valued for the purpose of court-fee at Rs. ... that being the value of the suit
property, and proper court fee is paid herewith.
(A) The defendants be evicted from the suit property, and possession thereof be restored to the
plaintiff;
(B) A permanent injunction be issued against the defendants for not interfering with the
possession and enjoyment of the suit property by themselves or through the members of heir family
or agents or servants;
(C) The defendants be ordered to pay the costs of this plaintiff, and
Ghodegaon,
[D S R..]
Dated : PLAINTIFF
Legal Drafting 165
VERIFICATION
I, Smt. D S.- R the present plaintiff, do hereby state on
solemn affirmation that the contents of this plaint in paras 1 to 10 are true and correct to the best of
my knowledge and belief, and so I have signed hereunder at Pune the date first abovementioned.
[D S R...]
PLAINTIFF.
166 Legal Drafting
41. WRITTEN STATEMENT OF THE DEFENDANT-TENANT IN AN EVICTION SUIT
AT PUNE
Shri _L N D _ Plaintiff
Versus
Shri TNT _ Defendant
A WRITTEN STATEMENT
OF THE DEFENDANT
The defendant abovenamed submits this statement, praying to state as follows :
1. That the contents of para 1 of the plaint are true and correct, and hence, admitted by this
defendant.
2. That the contents of para 2 of the plaint are likewise true and correct, and hence, call for no
comments.
3. That the contents of para 3 of the plaint are partially true and partially false, and the
defendant submits that the said amount of rent is Rs, 150/- is inclusive of all other charges and
taxes.
4. That the contents of para 4 of the plaint are baseless, false and frivolous, and while denying
the same, this defendant submits that the defendant time and again offered the amounts of rent to
the plaintiff, but it was the plaintiff alone who refused to accept the same.
5. That with respect to the remaining contents of the said para 4 of the plaint, this defendant
also submits for the kind consideration of this Hon'ble Court that the defendant has so far sent to
the plaintiff as many as six money orders which were refused by the plaintiff, and hence, the
defendant committed no default on that count.
Legal Drafting 167
6. That the contents of para 5 of the plaint are denied by this defendant, and this defendant
submits that the plaintiff be put to the strict proof of the same.
7. That the contents of para 6 of the plaint amount to a sheer piece of fabrication on the part
of the plaintiff, and this defendant brings to the kind notice of this Hon'ble Court that it is the
plaintiff alone, and not this defendant, who has constructed a big bungalow at Kothrud, and since he
himself shifted his own residence there for the last more than three years, he has never turned up
even to collect the rent of the suit property or to pay a visit to the premises in his own possession
there, and, thus, the plaintiff does not require any premises, much the less the suit premises.
8. That the contents of para 7 of the plaint are misleading, and the particulars of money claim
are wrongly calculated.
9. That the contents of para 8 of the plaint to the effect that the suit premises were taken for
the purpose of running dispensary but subsequently, the defendant changed the user thereof by
converting the same for residence of his family are wrong and misleading, and this defendant
submits that the said premises were taken only for the purpose of residence and no other use.
10. That the defendant furthermore submits that there was no cause of action for the plaintiff
to file the present suit against the defendant.
11. That the defendant also submits for the kind and sympathetic consideration of this Hon'ble
Court the very fact that the plaintiff has malicious plans and designs to make money by disposing of
the suit property, and hence, he has been trying to make out a false case.
12. That the defendant, therefore, prays that -
(A) The suit of the plaintiff be kindly dismissed with costs;
(B) The costs of this defendant be awarded from the plaintiff; and
(C) Any other orders in the interest of justice be kindly passed. Pune, Sd/- TNT Dated :
.. DEFENDANT
Sd/- xXx ADVOCATE FOR DEFENDANT
168 Legal Drafting
VERIFICATION
I, Shri TNT, the present opponent, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- TNT DEFENDANT
Legal Drafting 169
42. AN APPLICATION FOR FIXATION OF STANDARD RENT
IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE AT PUNE
Misc. Application No. / 200_
Shri _T_N_T__, )
age 40 years, occupation - service, ) Applicant
resident of S. No. 200, Hingane, )
Pune 411 052. )
Versus
Shri__L_N_D )
age 50 years, occupation - service, ) _ Opponent
resident of S. No. 225, Hingane, )
Pune 411 052.
AN APPLICATION FOR FIXATION OF STANDARD RENT
The applicant abovenamed submits this application, praying to state as follows :
1. Description of Suit Property : All that piece and parcel of premises consisting of a two-room
block totally admeasuring 250 sqft situate on the ground floor in the building standing at S. No. 200,
of the revenue village Hingane, Taluka Haveli, District Pune.
2. That the property described in para 1 above is owned by the opponent, and the applicant is
a monthly tenant therein.
4. That the monthly rent for the suit premises is @ Rs. 1,000/-exclusive of all other charges and
taxes.
170 Legal Drafting
5. That the applicant submits that he has been very regular in making the payment of the
monthly rent. However, in the month of June 200_, the opponent asked this applicant to pay the
monthly rent @ Rs. 1,200/-, or to vacate the suit premises.
6. That the applicant's refusing to do neither, the opponent refused to accept the amounts of
rent.
7. That the opponent thereafter served upon this applicant a notice of demand-cum-
termination, on ., and hence, this application.
8. That the applicant states and submits that the suit premises are in a dilapidated condition,
far away from school, market and other facilities and amenities, and the standard rent for the same
would not be more than Rs. 500/- per month.
9. That the cause of action for this application first arose on .., and
this application being made within one month therefrom is well within time.
10. That the application being chargeable with a fixed rate of court fee, the same is paid
herewith.
this Hon'ble Court has jurisdiction to try and decide this application.
12. That the applicant, therefore, prays that -
(A) Standard rent for the suit premises be fixed;
(B) Interim standard rent for the premises be fixed, and this applicant be allowed to deposit in
this Hon'ble Court the arrears of rent and rent pendete lite;
(C) The opponent be ordered to pay the costs of this applicant; and
Pune,
Sd/- TNT
Dated : APPLICANT
Sd/- x X x ADVOCATE FOR APPLICANT
Legal Drafting 171
VERIFICATION
I, Shri TNT, the present applicant, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- TNT , APPLICANT
172 Legal Drafting
43. A SUIT FOR SPECIFIC PERFORMANCE
AT PUNE
M/s Anand Builders, a partnership firm, )
registered under the Indian Partnership Act 1932, )
having its office at 120 Narayan Peth, Pune 411 030, ) Plaintiffs
acting through its partner, Shri VMD, age 50 years, )
occupation - business, resident of 1600 Sadashiv )
Peth, Pune 411 030. )
Versus
Smt. _B V_R_
age 50 years, occupation - household, )
resident of 1200 Deccan Gymkhana, Tara Niwas,)

PUNE 411 004. )
Defendant
A SUIT FOR SPECIFIC PERFORMANCE
The plaintiffs abovenamed submit this plaint, praying to state as
follows :
CTS No. 1201, CTS No. 1203, CTS No. 1210, and Public Road.
1. Description of Suit Property : All that piece and parcel of land situate within the Registration
Division & District Pune, Sub-Division & Taluka Haveli, within the local limits of the Pune Municipal
Corporation, revenue village Bhamburda, bearing CTS No. 1200 Deccan Gymkhana, Pune,
admeasuring 10,000 sqft or thereabouts, and bounded by as follows :
On or towards the East On or towards the South On or towards the West On or towards the East
Legal Drafting 173
2. That the property described in para 1 above is owned by the present
defendant, and by an agreement, dated __, she has agreed to sell
and transfer the said property unto the present plaintiffs excluding the building to be constructed at
the front of the said plot described as Building-"A".
3. That by virtue of the said agreement, it was clearly agreed and understood that the buildings
at the rear were to be demolished and excluding the present front structure, all the permissible FSI
in respect of the said plot of land was to be made available to the present plaintiffs to be utilised in a
building to be constructed in continuation of the Building-"A" at the rear.
4. That a copy of the said agreement, dated , is annexed
hereto as Exhibit-I, and terms and conditions of the said agreement, out of the construction of Rs.
10,00,000/-, the plaintiffs had paid unto the defendant by way of part payment of the purchase-
price a sumofRs. 1,00,000/-by cheque, and the balance of Rs. 9,00,000/ - was to be paid at the time
of conveyance.
5. That the defendant had put the plaintiffs in possession of the said property at the time of
the execution of the said agreement.
6. That there were two tenants occupying the portions of the building standing on the said
property, and the plaintiffs at their costs had negotiated with the said tenants and obtained vacant
possession from them, and the said tenants had assured unto the plaintiffs that all the necessary
cooperation would be extended by them to the plaintiffs in respect of the proposed construction to
be carried out by the plaintiffs.
7. That the defendant, on , executed an irrevocable power of
attorney, constituting the partner of the plaintiffs, Shri VND, as her attorney, empowering him to do
on behalf of the defendant all the necessary acts, deeds and things for carrying out the intended
work of construction on the said property.
8. That the defendant's husband and son had assured the plaintiffs
that there would be no objection from anyone for the plaintiffs'
purchasing the said property and constructing thereon.
174 Legal Drafting
9. That the construction drawings were prepared, and same were
submitted to the Pune Municipal Corporation, and the Pune Municipal
Corporation had issued a commencement certificate on , bearing
No. 450.
10. That the plaintiffs had in the mean while, demolished at their own costs the buildings at the
rear and had started the work of construction in terms and the commencement certificate issued by
the Pune Municipal Corporation.
11. That the defendant had in the mean while been by herself or through her husband or son
approached the plaintiffs and requested the plaintiffs to pay her further amounts towards and out of
the purchase-price, though in terms of the said agreement to sell, the payments in the mean while
were not obligatory, and on humanitarian grounds, the plaintiffs had made further payments to the
defendant,
viz. 20,000/- on Rs. 10,000/- on Rs. 10,000/- on ,
Rs. 10,000/- on and Rs. 1,00,000/- on and thus, a total
sum of Rs. 1,50,000/- has so far been paid the plaintiffs unto the defendant from time to time.
12. That the plaintiffs submit that for all these payments, the defendant
has issued proper receipts, excepting the payment, dated and
dated , which is receipted by the defendant's son on her behalf.

13. That the defendant's son appears to be a notorious character and he was all along trying to
extract money from the plaintiffs and also started demanding an increase in the amount of
consideration payable to the defendant under the said agreement.
14. That the son of the defendant, viz. Shri SVR, had, on , removed
as many as 3.5 tonnes of steel of the plaintiffs lying on the said property which was required for the
work in progress by committing a theft thereof, and an offence in respect of the said act has been
registered with the police against the. son of the defendant and his companies.
15. That the defendant's family as a whole, thereafter, started threatening
and harassing the plaintiffs now and then, and they have gone to the
extent of false reports against these plaintiffs, and at the top of it,
Legal Drafting 175
the defendant through her lawyer, has served a notice, dated r
thereby to the surprise of the plaintiffs pleading so concocted a story
that the very fact of the agreement, dated , was attempted to
be disputed. However, thereafter, the plaintiffs immediately, through
their advocate, gave an appropriate reply on , to the advocate
of the defendant, calling upon him for further details and reiterating the claim of the plaintiffs that
the agreement is legal, valid and binding on the defendant. However, thereafter, no such
clarification was supplied either by the defendant or her advocate. That in the meanwhile, the
defendant and the members of her family have been issuing mischievous and defamatory
statements to the Government authorities, police, newspapers and the Pune Municipal Corporation
authorities, as a result of which the municipal authorities have started reconsidering the said
construction permission. That despite the fact that there was a perfectly valid and legal agreement,
and that there were payments received by the defendant time and again, the defendant has
altogether denied her liability
under the said agreement by her notice, dated , and all the
attempts on the part of the defendant, thereafter, to seek an
amicable settlement in the matter and persuade the defendant to
complete the transaction in terms of the said agreement have been
failed, and hence, this suit.
Particulars of Money Claim : Rupees

(A) Amounts from time to time paid to the 1,50,000/-defendant by the plaintiffs
(B) Interest on the abovementioned amounts 10,000/-@ 18 per cent per annum
(C) Expenses incurred by the plaintiffs in getting. 40,000/-the plans prepared and sanctioned
(D) Settlement of tenants. 1,00,000/-
(E) Costs of demolition 50,000/-
(F) Costs of construction 3,00,000/-
(G) Lawyer's fees 25,000/-
176 Legal Drafting
(H) Damages for loss of bargain_ 4,25,000/-
(I) Total Amount Due and Claimed _ 11,00,000/-
(J) Less Amount Received - NIL-
(K) Net Amount Due and Claimed _ 11,00,000/-
when the defendant disowned her liability to convey the said
property in terms of the agreement, dated , and hence, the suit
filed today is within time, and moreover, the plaintiffs being in possession, the question of limitation
does not arise.
20. That the suit is valued for the purpose of jurisdiction and court-fee at Rs. 5,00,000/- for
specific performance and Rs. 11,00,000/- for the alternative money-claim, and the court-fee on the
amount of the alternative claim that being the higher of the two is paid herewith.
22. That the plaintiffs, therefore, pray that -
(A) A decree ordering the defendant to convey the suit property in terms of the said agreement,
dated ____, in favour of the plaintiffs be passed;
(B) The plaintiffs be permitted to deposit the balance of consideration in this Hon'ble Court;
(C) If the defendant were decline to obey the decree, sale-deed of the said property be
executed in favour of the plaintiffs by the Hon'ble Court or through its commissioners acting for and
on behalf the defendant;
(D) If the Hon'ble Court were to decline the relief of specific performance, alternatively, the
plaintiffs pray for a decree of Rs. 11,00,000/- against the defendant;
Legal Drafting 177
(E) The plaintiffs be paid their costs from the defendant;
(F) During the pendency of this suit, the defendant be ordered not
to deal with the said property in such a manner as would
amount to imposing any clog or encumbrance on the said
property;
(G) An ad interim injunction restraining the defendant, her
servants, agents, from interfering with the.possession or the
construction of the plaintiffs be issued;
(H) The defendant be restrained during the pendency of this suit from interfering with the
possession or the construction of the plaintiffs; and
Pune,
(I) Any other orders in the interest of justice be kindly passed.
Sd/-VMD PLAINTIFFS
Dated
Sd/- x X x ADVOCATE FOR PLAINTIFFS
VERIFICATION
I, Shri VMD, the present plaintiffs, do hereby state on solemn affirmation that the contents of this
plaint in paras 1 to 22 are true and correct to the best of my knowledge and belief, so I have signed
hereunder.
Sd/-VMD PLAINTIFFS
178 Legal Drafting
44. AN APPEAL MEMO

IN THE COURT OF THE DISTRICT JUDGE AT PUNE
Civil Appeal No. _/ 200_
Shri _T_N__T_, )
age 40 years, occupation - service, ) _ Appellant
resident of S. No. 115 Kasba Peth, ) (Original
Pune411011. ) Defendant)
Versus
Shri _ L_ N_ D )
age 50 years, occupation - business, ) _ Respondent
resident of S. No. 230 Kasba Peth, ) (Original
Pune411011. ) Plaintiff)
BEING AGGRIEVED BY AND DISSATISFIED WITH the judgment
and order, dated , passed by the Small Causes Judge, Pune, in Civil
Suit No. 100/2002, the present appellant prefers this memo of appeal on the following amongst
other grounds of objections thereto :
1. That the Learned Lower Court has not followed the proper procedure, and this has resulted
into miscarriage of justice.
2. That the orders passed by the Learned Lower Court are violative of the principles of justice,
equity and good conscience.
3. That the orders passed by the Learned Lower Court are contrary to the provisions of law and
the principles of natural justice.
4. That the Learned Lower Court has failed to consider the evidence on record in a judicious
manner.
5. That the findings arrived by the Learned Lower Court are not supported by the evidence on
record.
6. That the necessary issues of law and fact have not been framed and answered by the
Learned Lower Court.
7. That the Learned Lower Court ought to have decided the matter under appeal in favour of
this appellant.
Legal Drafting 179

8. That the Learned Lower Court ought to have held that the respondent had no right or
authority to terminate the tenancy of this appellant.
9. That the Learned Lower Court was at an error in holding that the suit premises are required
by the respondent for his personal bonaftde occupation.
10. That the Learned Lower Court was wrong in holding that this appellant has acquired any
other suitable accommodation.
11. That the Learned Lower Court has having answered the first issue in the negative decided
the rest of the issues against the appellant, which itself is improper and illegal.
12. That the Learned Lower Court has in a very summary manner and roundabout fashion tried
to interpret the concept of acquisition of other suitable accommodation.
13. That the Learned Lower Court, while deciding the application for interim injunction, has, in
fact, decided the suit itself, and this is contrary to the provisions of law.
14. That the Learned Lower Court has misinterpreted all the relevant provisions of law as laid
down in the Maharashtra Rent Control Act 1999.
15. That the Learned Lower Court has not considered the very fact that the balance of
convenience was only in favour of this appellant,
16. That the order is dated , while its certified copy was applied for
on , the same was delivered on , and hence, the
appeal filed today is well within limitation.
17. That the necessary court fee is paid herewith.
18. That the appellant, therefore, prays that for the reasons stated above and as may be argued
at the time of hearing, the record and proceedings be called for, this appeal be allowed, the orders
under appeal be set aside and quashed, and orders deemed just and proper
180 Legal Drafting
be kindly passed, for which act of grace and favour, this appellant as bounden in duty shall ever pray.
Pune, Sd/- TNT
APPELLANT
Dated :•■; .
Sd/- x X x ADVOCATE FOR APPELLANT
(No Verification)
Note : This topic is of very great importance, and hence, some more drafts are provided.
Legal Drafting 181
AN APPEAL MEMO
IN THE COURT OF THE DISTRICT JUDGE AT PUNE
'Civil Appeal No. ■__/ 2G0_
Appellant
(Original
Plaintiff)
Respondent
(Original
Defendant)
Shri _ E_ V_ K
age 54 years, occupation - business, resident of 200 Shaniwar Peth, Pune 411 030.
Versus
Shri _U_ A_ R
age 38 years, occupation - service, resident of 12 Swapneel Society, Pune 411 009.
The appellant abovenamed submits this memo of appeal, praying to state as follows :
(A) That the property bearing CTS No. 200, of Shaniwar Peth, Pune City, is owned by the present
appellant.
(B) That in the said property, the prescribed in para 1 of the suit had been let out to the
respondent in his independent capacity.
(C) That the respondent had acquired of his own in Swapneel Cooperative Housing Society a
flat, and since this flat is suitable and convenient for his accommodation, the respondent had shifted
his family to the said flat.
(D) That the appellant demanded the possession of the suit premises from the respondent, as
he needed the suit premises for his own occupation and enjoyment, as the premises in his
possession are wholly inadequate to meet the needs of his family.
(E) That even though the respondent had acquired other suitable
accommodation for himself, he refused to vacate the suit premises,

and hence, after serving him with a due notice, the plaintiff had filed
a suit for eviction.
182 Legal Drafting
(F) That the said suit was registered as Civil Suit No. 2000/1999, and the same was tried by the
Additional Small Causes Judge, Pune, and the Learned Judge was pleased to dismiss the suit by
order, dated
BEING AGGRIEVED BY AND DISSATISFIED WITH the judgment
and order, dated , passed by the Small Causes Judge, Pune, in Civil
Suit No. 2000/1999, the present appellant prefers this appeal against the same on the following
amongst the other grounds of objections thereto :
manner. ,
record.
7. That the Learned Lower Court ought to have held that the respondent had been pleading
different things at different times and putting forth a false story.
8. That the Learned Lower Court ought to have held that the defendant's brothers and mother
do not form a joint family with the respondent, and since right from the beginning, they lived
separately, the whole case of the defendant made out to that effect was false and frivolous.
9. That the Learned Lower Court has not answered the issue Nos. 3 and 4 properly.
10 That the Learned Lower Court ought to have held that when the respondent had admitted the
fact of acquisition of a flat, the burden was lying only on his shoulder to prove his case.
Legal Drafting 183

11. That the Learned Lower Court was wrong in holding that in the year 1988, the respondent's
family consisted of himself, his wife, two brothers, sisters and mother.
12. That the Learned Lower Court has considered extra-legal matters like temperaments of the
other members of the respondent's family in most non-judicious manner and has based its
conclusions on these matters.
13. That the Learned Lower Court was wrong in relying upon the story of the respondent that
his brothers and mother were residing in the suit premises right from the beginning.
14. That the Learned Lower Court ought to have held that the defendant had introduced his
other relations in the suit premises only after shifting himself in his ownership premises.
15. That the Learned Lower Court was at error in relying so heavily on the evidence of the
witness, Shri VMK, as he was on cross terms with this appellant.
16. That the Learned Lower Court ought to have held that the said Shri VMK was obliging the
respondent by attending the court as a witness though no more is a tenant in the said building, and
though there are number of other tenants occupying nearby premises presently who could be called
as witnesses, had the contention of the respondent been true.
17. That the Learned Lower Court ought to have held that the newly acquired premises were
sufficient to meet the needs of the respondent.
18. That the Learned Lower Court ought to have held that a family which could be
accommodated in the suit premises, if acquires premises about three times in the area, must be said
to have acquired other suitable accommodation.
19. That the Learned Lower Court has erroneously overweighed the fact of quarrels taking place
in the family of the respondent.
20. That the Learned Lower Court was at error in holding that it believed the witness of the
respondent who was on enemical terms with the appellant.
184 Legal Drafting
21. That the Learned Lower Court was at error that the provision of section 16 of the
Maharashtra Rent Control Act 1999 was not complied with.
22. That the Learned Lower Court was at error in holding that the newly acquired premises by
the respondent were supplemental to the original premises.
23. That the Learned Lower Court ought to have held that the respondent had acquired other
suitable accommodation for himself.
24. That the Learned Lower Court was at error in holding that the appellant ever has additional
three rooms at his disposal.
25. That the Learned Lower Court ought to have held that the appellant bonqfide required the
suit premises for his personal occupation.
26. That the Learned Lower Court ought to have held that there was no evidence to hold that
the appellant has ever got the possession of three rooms from his tenant.
27. That the Learned Lower Court ought has misconstrued the whole notion of "bonafides" and
has drawn far-reaching illegal and improper conclusions which are neither legal nor just.
28. That the Learned Lower Court has misconstrued the statement made by the appellant.
29. That the Learned Lower Court was at error in holding that the appellant's requirement was
not bonqfide and reasonable.
30. That the Learned Lower Court was totally at error in holding that the appellant had failed to
prove the acquisition of suitable residence by the respondent.
31. That the Learned Lower Court ought to have held that the appellant has established his case
squarely.
32. That the Learned Lower Court has not taken into account the amendment carried into the
original plaint.
33. That the Learned Lower Court ought to have held that the respondent had shifted into
ownership premises only after the suit was filed by the appellant and all the evidence to show non-
occupation of the flat till then was ignored by the Learned Lower Court.
Legal Drafting 185
34. That Learned Lower Court ought to have held that the respondent had acquired other
suitable premises long back n the year 1990, while his claim in the suit that he acquired the
alternative accommodation in the year 1996 is false and fraudulent.
35. That the Learned Lower Court has misconstrued the issue of bonqfide requirement of the
appellant.
36. That the Learned Lower Court has failed to consider the fact that the wife of the respondent
herself in service and hardly has any time to be in the premises.
37. That the Learned Lower Court ought to have held that taken the fact into account that the
respondent shifted from the suit premises long back, while his sister was married at late as in 1993.
38. That the Learned Lower Court ought to have held that the voters' list did not include the
names of the respondent and the members of his family simply because no one resided there.
39. That the Learned Lower Court ought to have considered the report of the Court
Commissioner.
40. That the said order is dated __, while an application for a certified
copy was submitted on , the same was delivered on . and
hence, the appeal preferred today is well within limitation.
41. That the appeal is valued for the purpose of jurisdiction and court-fee at Rs. 600/- that being
the valuation of the suit, and proper court-fee thereon is paid herewith.
42. That the appellant, therefore, prays that for the reasons stated above and those which will
be argued at the time of hearing, the record and proceedings be called for, this appeal be allowed,
the judgment and order of the Learned Lower Court be set aside and quashed, and the original suit
of the appellant be decreed with costs throughout, for which act of grace and favour, this appellant
as bounden in duty shall ever pray.
Pune, Sd/- EVK
Dated : APPELLANT
Sd/- xXx ADVOCATE FOR APPELLANT
(No Verification)
186 Legal Drafting
45. A MISCELLANEOUS CIVIL APPEAL
IN THE COURT OF THE HON'BLE DISTRICT JUDGE AT PUNE
Misc. Appeal No. /200..
Shri Datta Mandir Trust, public trust registered under the Bombay Public Trusts Act 1950, with the
Charity Commissioner, Maharashtra State, at Sr. No. 400 (Pune), acting through its trustee, Shri
S..T..M.., age 55 years, occupation - priest, resident of Rajgurunagar, Taluka Khed, District Pune 410
505.
Appellant
Versus
Shri B.....T....R
ShriT M C
age 50 years, occupation - business,
Shri C.....M....D
age 45 years, occupation - business, all residents of Rajgurunagar, Taluka Khed, District Pune.
Defendants
The appellant abovenamed submits this memo of appeal, praying to state as follows :
1. That the appellant is an endowment registered under the Bombay Public Trusts Act, 1950,
and for the governance and management of the appellant-trust, the Charity Commissioner has made
out a scheme.
2. That in accordance with the said scheme, the supreme authority, titles and the management
of the said trust vest in the body of the trustees.
Legal Drafting 187
3. That, however, the respondents having started taking objections to he authority of the said
trustees, and though the trustees had the absolute authority to appoint pujaris to look after the said
trust, the respondents started obstructing the pujaris appointed by the body of the trustees.
4. That, therefore, the appellant was required to file a civil suit in the court of the Civil Judge,
Junior Division, Khed, praying therein for a permanent inj unction restraining the respondents from
representing themselves to the functioning of the trustees of the official pujaris.
5. That the suit was registered as a regular civil suit No. 300/1999 by the Civil Judge, Junior
Division, Khed.
6. That in the said suit, since obstructions of the respondents were of severe nature, emergent
preventive orders had become necessary, and hence, the appellant had also submitted an
application for an ad interim injunction, restraining the respondents from representing themselves
as pujaris or interfering with the working and functioning of the official pujaris and management of
the appellant during the pendency of he said suit.
7. That the said application was bearing Exh. 5 in the said suit, and in support if the said
application, the appellant had submitted an affidavit of the Managing Trustee and the copy of the
appointment of new trustees, copies of the judgment passed by the Charity Commissioner, letter
issued by the Assistant Charity Commissioner, copy of the appointments of new pujaris by the
Chairman and copy of the proceeding book and register of the public trust, while the respondents
did not produce any evidence in the matter.
8. That in the application, the Civil Judge, Junior Division, Khed, issued a show cause notice to
the respondents, and after hearing the
parties, passed the orders on , whereby he was pleased to reject
the said application.
188 Legal Drafting
BEING AGGRIEVED BY AND DISSATISFIED WITH the judgment and
decree passed by the Civil Judge, Junior Division, Khed, on ., in civil
suit No. 300/1999, the present appellants prefer this appeal on the following amongst the other
grounds of objections to the same :
1. That the Learned Lower Court has not followed proper procedure, and this has resulted into
miscarriage of justice.
manner.
5. That the findings arrived at by the Learned Lower Court are not supported by the evidence
on record.
6. That the necessary issues of law and the facts have not been framed and answered by the
7. That the necessary inference of law and fact which ought to have been drawn by the
Learned Lower Court on the basis of the facts on record has not been drawn.
8. That the evidence on record has not been weighed and considered by the Learned Lower
Court in a judicious manner.
9. That the Learned Lower Court ought to have held that the appellant had made out more
than a prima facie case and was entitled to claim the relief of ad interim injunction as prayed for.
10. That the Learned Lower Court ought to have held that clause 31 of the scheme as
formulated by the Charity Commissioner, the body of trustees is the final authority to appoint and
remove pujaris, and hence, the respondents, unless duly appointed by the trustees, could claim no
title.
11. That the Learned Lower Court has not framed the necessary and proper issues while
deciding the said application.
12. That the Learned Lower Court has decided the issue of jurisdiction as an interim issue and
has answered the issue in the negative,
Legal Drafting 189
while, in fact, jurisdictional issue has never to be decided as an interim matter. At the most, it could
have been decided as a preliminary issue, and, therefore, also the order is bad and illegal.
13. That the Learned Lower Court has having answered the first issue in the negative decided
the rest of the issues against the appellant, which itself is improper and illegal.
14. That the Learned Lower Court has in para 5 of its order specifically stated that the
respondents had not filed any affidavit or any document in support of their contention, and hence, it
was wrong on the part of the Learned Lower Court to act upon the random statement in the say of
the respondents or the wild guess made in the arguments of the respondents.
15. That when it was a clear-cut case made out by the appellant that the appellant was claiming
a relief against the respondent-trespassers who do not have any right, title or interest and when
there was no evidence to the contrary to hold that any issue about the management of the trust, it
was improper and illegal on the part of the Learned Lower Court to hold that it pertained to the
management of the trust.
16. That the Learned Lower Court has observed that Admittedly, the plaintiff is registered to be
a trust under the Bombay Public Trusts Act, 1950 in view of the provisions of Sec. 92 of the Code of
Civil Procedure, it appears that the present suit does not come within the purview of the provisions
of the Act. Therefore, there is no necessity to discuss about the provisions of Sec. 92 and filing of
such suit in the District Court, Pune, or noti is illegal, ambiguous and self-contradictory.
17. That the Learned Lower Court has confused the issue about the new trustees and the old
trustees, when the trust itself is filing the suit as a party.
18. That the Learned Lower^Court has erroneously held that there could be any old and new
trustees, because whoever illegally occupying the office of the trustees can alone be the trust and
none else.
19. That the Learned Lower Court was also at error in holding that the application was against
son and wife of any of the trustees, and, when, in fact, the wrongdoers have been included in the
suit in their
190 Legal Drafting
independent capacity only, and not as son, wife or otherwise any other person.
21. That the Learned Lower Court has in a very summary manner and roundabout fashion tried
to interpret the scheme as formulated by the Charity Commissioner.
22. That the observations of the Learned Lower Court that ithe present proceeding is also out of
one such effort or event in-between the old and new trusteesi is not warranted by the facts of the
case and the evidence on record.
23. That the observations of the Learned Lower Court that the plaintiff has avoided to implead
the old trustees is illegal and improper, and there was no occasion for the Learned Lower Court to
decide that issue at all, because there is no dispute raised by anybody between the trust and the
trustees, or the trustees and trustees.
24. That the Learned Lower Court had very rightly observed in its judgment that iit is true that
when there is merely an injunction against the trespassers having no right, title or interest, then it
does not require permission or consent from the Charity Commissioner to file suit against himi, but it
has then very wrongly held that the present suit was not a suit against the trespassers.
25. That while deciding the application for injunction, what the court was to ascertain is a prima
facie case and the balance of convenience, and when the registration certificate and the scheme of
the trust proved the prima facie case and in case of the working of the institutions, allowing
unauthorised persons to interfere always causes undue injury to their institution also proved the
balance of convenience in favour of the appellant.
26. That unless the respondents had shown irreparable loss or injury to them, there was no
hurdle in granting injunction against them, while from the order of the Learned Lower Court itself, it
would be clear that no such damage or injury can be caused to the respondents.
27. That if the Learned Lower Court wanted to hold that the suit is not maintainable, it should
have framed preliminary issue, required the
Legal Drafting 191
parties to lead evidence on that issue and give finding on that issue, but in that case, that could not
be interim finding.
28. That the Learned Lower Court, while deciding the application for interim injunction, has, in
fact, decided the suit itself, and this is contrary to the provisions of law.
29. That the Learned Lower Court has misinterpreted the provisions of clause 37 of the scheme.
30. That when the respondents did not even care to file an affidavit in support of their say, the
Learned Lower Court, as a matter of prudence, ought to have drawn an inference against the
respondents.
31. That the Learned Lower Court ought to have held the respondents withholding their facts
and trying to mislead the court so as to protect their illegal interference in the noble work of the
appellant-trust should have been considered to be the people not coming with clean hands, and
hence, not entitled to claim any equitable concessions.
32. That the Learned Lower Court has not at all considered the merits of the case.
33. That the Learned Lower Court has unnecessarily gone into the matters which were not
proved even prima facie by the respondents.
34. That the Learned Lower Court has tried to read the matters from the say of the respondents
which, according to law, unless supported by an affidavit, cannot be considered.
35. That the Learned Lower Court should not have refused to give finding as to whether the
appellant had made out a prima facie case or balance of convenience or not.
36. That the Learned Lower Court has confused an interim matter with a preliminary issue, and
hence, has passed illegal order.
37. That the Learned Lower Court ought to have held that at the interim stage, the appellant
having made out a prima facie case and having proved the balance of convenience, and in the
absence of any evidence of rebuttal ought to have granted ad interim injunction as prayed for
against the respondents.
192 Legal Drafting
38. That the order is dated, ......... while its certified copy was applied
for on and the same was obtained on and hence, the
appeal filed today is well within limitation.
39. That the appeal being chargeable with the fixed court-fee, the same is paid herewith.
40. That the appellants, therefore, pray that for the reasons stated above, the record and
proceedings be called for, this appeal be allowed, this appellant be heard, the orders of the Learned
Lower Court be set aside and ad interim injunction as prayed for in the original application at Exh. 4
be granted against the respondents, and the respondents be ordered to pay the costs of the appeal,
for which act of grace and favour, this appellant as bounden in duty shall ever pray.
Pune, ADVOCATE FOR
THE APPELLANT
Dated : —
Legal Drafting 193
46. A WRITTEN ARGUMENT ON BEHALF OF THE APPELLANTS IN A CIVIL APPEAL

IN THE COURT OF THE HON'BLE DISRICT JUDGE AT PUNE
Civil Appeal No. 300/2006
ShriV.....A N..... ... Appellants
& Others
Versus
Hotel Pride Executive ... Respondent
& Others
A WRITTEN ARGUMENT ON BEHALF OF THE APPELLANTS
MAY IT PLEASE YOUR HONOUR -
The appellants abovenamed submit this argument, praying to state as follows :
1. That the respondent had filed the original special civil suit bearing No. 1400/2001 against
the appellants for the recovery of Rs. 25,300/- in the Court of the Civil Judge, Senior Division, Pune.
2. That the said special civil suit was then allotted to the file of the Civil Judge, Junior Division,
Pune, for the trial because of the revision of powers of that court from Rs. 25,000/- to Rs. 1,00,000/ -
, and the said civil suit was renumbered as 5000/2002.
3. That the said civil suit bearing No. 5000/2002 was decided by the Civil Judge, Junior Division,
Pune, on 31.10.2005.
4. That it is the case of the appellants that the respondent had arranged a training programme
in Hotel Management for a period of one year from to..
194 Legal Drafting
5. That the appellant No. 1 accordingly joined the said training
programme on , but after undergoing the said training
upto , he could not attend the said training programme
thereafter on account of his illness.
6. That the respondent was accordingly informed about the inability of the appellant No. 1 to
continue the training programme until he is fully recovered from his illness.
7. That the appellant No. 1, with the help of and through the appellant No. 2, who is the father
of the appellant No. 1, had also produced necessary medical certificate about his inability to
continue the training programme and his willingness to complete the training programme as soon as
the appellant No. 1 is fully cured from the illness.
8. That without paying any heed or respect to the fact of the illness of the appellant No. 1 and
production of medical certificate to that effect, the respondent initiated legal action against the
appellant
No. 1 by sending communications by way of letter, dated
charge-sheet, dated , again one more letter, dated
and termination letter, dated
9. That it will be evident and apparent that the respondent had taken all such actions in so fast
a speed that no time was allowed for the appellants to think over on account of the illness of the
appellant No. 1, when his illness was the main reason for his inability either to attend the training
programme or to inform the respondent personally, even though on each and every occasion, the
respondent was appraised of the facts in person by the appellant No. 2 alone.
10. That the respondent has always had been making a false issue to the effect the appellants
had already entered into an agreement and further that they have committed a breach of the same,
which is totally wrong.
11. That the appellants submit that the appellants No. 1 had a bonafide intention on his part to
complete the said training programme, but it was only on account of his illness that he could
Legal Drafting 195
not do so, and he was, thus, helpless, because it was the appellant No. 1 alone, and not the
respondent, who had to suffer all the losses for incomplete training, which was proved to be useless
for the appellant in securing any job.
12. That the contention of the respondent is totally wrong and misleading, and the appellants
do hereby make it crystal clear that no surety bond was either executed by the appellants or
obtained by the respondent, and it is evident from the contents of the said agreement, dated
13. That it is submitted that there is already provision in clause No. 4 of the said agreement,
which is exhibited as No. 23, to the effect that "In the event of the trainee being assessed as not
having completed his training period fully/satisfactorily, then the period of training is liable to be
extended further by 3-6 months "
14. That from these facts narrated above, it will be clear that the respondent acted only ex
parte, and no opportunity of any kind was given to the appellants in general and the appellant No. 1
in particular, and thus, the action taken by the respondent in terminating the appellant No. 1 from
the training programme and also then filing the said suit for compensation is bad at law, as the same
amounts to causing flagrant injustice to the appellants.
15. That in spite of the fact that when the respondent was informed about the illness of the
appellant No. 1 supported with a medical certificate was suppressed by the respondent from the
court of law, and on that account alone, the respondent was not entitled to any remedy from the
Hon'ble Court of Law, only for the very fact that when the litigant does not come in the court of law
with clean hands, he or she is not entitled to claim any remedy.
16. That the appellants furthermore submit and bring to the kind notice and consideration of
this Hon'ble Court that when the Exh. 39 produced by the respondent alone, i.e. letter, dated
11.1.1998, addressed by the respondent to the appellant No. 1, proves beyond doubt that the
appellant No. 1 was ill, and that the respondent was accordingly informed by the appellant No. 1
196 Legal Drafting
about his illness, the claims now made by the respondent are totally inapplicable and inadmissible
for being controversial and contradictory.
17. That it will also be clear from the abovementioned facts that the respondent had already
become vindictive towards the appellant No. 1 for no valid reason, when the respondent had gone
further only by taking adverse actions against the appellant No. 1, by sending letters, charge-sheet
and termination-letter one after another so quick and within no time.
18. That the appellants respectfully submit that the respondent appears to have been very
sincere in recovering money from the appellants by hook or by crook, thereby paying no respect to
the provisions of law or the normal and standard procedures laid down on that behalf.
19. That while considering the legal provision and position in favour of the appellants, the
Learned Lower Court has also failed to pay respect to the very provisions of law by passing the
orders under appeal, and the appellants dare say and submit that flagrant injustice has been done to
them only by way of the said orders of the Hon'ble Lower Court.
20. That the appellants also submit that all the issues framed by the Hon'ble Lower Court were
not only wrong but also illegal, and the answers offered to the same are also totally false.
21. That the Learned Trial Court did not consider the issue No. 2 that there was already a
provision in the said agreement, i.e. Exh. 23, that in the event of inability on the part of the appellant
No. 1 to complete the said training programme, there would be a extension of the training period for
3-6 months, and despite this very fact, the Learned Trial Court did not consider this very important
issue which was only in favour of the appellants.
22. That the appellants submit that the appellant No. 1 did not give up the said training
programme on his own or at his sweet will, but it was only his illness that made him to discontinue
the
Legal Drafting 197

training, but he still had an intention to complete the same as soon as he is recovered from the
illness, and thus, it will be seen that no such opportunity was given to him, even though the
respondent was legally obliged to do so.
23. That the Learned Lower Court ought to have considered this issue of non-offering of
opportunity or deprival of a chance only in favour of the appellants, and hence, the decision given by
the Hon'ble Trial Court was totally bad in law and illegal, too.
24. That the appellants submit that there was no breach of contract on the part of the
appellants, and if at all there is any such breach, that lies only on the part of the respondent, and
hence, the issue No. 2, as decided by the Hon'ble Trial Court in favour of the respondent, was totally
wrong and against the provisions of natural justice.
25. That the appellants submit that taking into consideration the factual position as explained
above, when there was no breach of contract on the part of the appellants, the question of framing
and answering the issue No. 3 should not have arisen at all, and hence, the same amounts to
illegality.
26. That the appellants also submit that the issue No. 4, which was wrongly framed and without
having any such provision, the Learned Lower Court ought to have decided the same, not against but
only in favour of the appellants, because the termination letter issued by the respondent was
unnecessary, unwarranted, illegal and uncalled for, and when such documentary evidence was on
the record as already exhibited at Exh. 42, the same appears to have been ignored by the Learned
Lower Court, and this is explicit, apparent and evident from the said record itself, and as such, the
said issue No. 4 was not relevant, as it was decided by the Learned Lower Court very wrongly.
27. That the appellants submit for the kind consideration of this Hon'ble Court that the original
civil suit filed by the respondent was not maintainable at law, and this legal aspect ought to have
been taken into account by the Learned Lower Court, and on that
198 Legal Drafting
count alone, the original civil suit should have been dismissed then and there only.
28. That the appellants also submit that by deciding the said civil suit under appeal in favour of
the respondent, the present appellants have been subject to suffer severe hardships, unhappiness
and misery, and by the said orders passed by the Hon'ble Trial Court, great injustice has been done
to the appellants.
29. That the appellants furthermore submit and bring to the kind notice of this Hon'ble Court
that the respondent could not prove its case beyond doubt, and hence, the respondent was not
entitled to any remedy by way of compensation, and hence, the decision given by the Learned Trial
Court in civil suit No. 5000/
was completely wrong, false, incorrect and hence inj usticiable

to the appellants.
30. That the appellants, therefore, pray that for the reasons stated
above, this appeal be kindly allowed with costs and the orders
under appeal be quashed and set aside, and the appellants be
awarded their costs from the respondent.
Pune, Dated :
ADVOCATE FOR THE APPELLANTS
Legal Drafting
47. FIRST APPEAL TO THE HIGH COURT
199
2.
IN THE HON'BLE HIGH COURT OF JUDICATURE AT MUMBAI
First Appeal No / 200.
Appellants
(Original
Defendants)
Smt. P P D ,
Smt. S....G....B
Shri P....S....D...,
Shri G....G B
age 51 years, occupation - business, all residents of 500 Deccan Gymkhana, Pune 411 004.
Versus
Respondents (Original Plaintiffs)
Smt. S....V....S
Shri N....S....S....,
Smt. S....N....S...,
all residents of 400 Deccan Gymkhana,
Pune 411 004.
The present appellants pray to state as follows : That the Late Shri SSB had three daughters and one
son, viz. the appellant Nos. 1 and 2 and the respondent Nos. 1 and 2, while the "appellant Nos. 3 and
4 are the husbands of the appellant Nos. 1 and 2.
That the said Shri SSB owned the property bearing CTS No. 500 Deccan Gymkhana, Pune City,
described in clause No. 1 of the plaint, and the said Late Shri SSB had the property being within the
society during his lifetime nominated and willed the said property
200 Legal Drafting
unto the respondent No. 2 absolutely, and, thereafter, the said Shri
SSB died on
3. That the respondent No. 1 is married to one, Shri WS, and had been all along waging
quarrels with the Late Shri SSB as well as the parties hereto at the instance of and in collusion with
her husband, the said Shri WS.
4. That after the death of the said Shri SSB, the respondent No. 3 acting for and on behalf of
the respondent No. 2 had by a registered sale-deed transferred for a valuable consideration the said
property in favour of the present appellant No. 4, and since then, the present appellant No. 4 is in
actual possession and enjoyment as the owner thereof.
5. That the Late Shri SSB was also running a business at CTS No. 400 Budhwar Peth, Pune City,
under the name and style as Super Printing Press he having hired out the said premises. However,
during his lifetime, a suit was filed against him by the landlord for eviction, and the said suit had
been decreed finally by the Supreme Court of India.
6. That in the circumstances, the said press did not have any goodwill, and the said Shri SSB
during his lifetime could not and was not running the said press so properly and effectively as a
result whereof the press was not equipped with proper and sufficient equipment and the print, etc.
7. That the respondent No. 1 had filed in the court of the Civil Judge,
Senior Division, Pune, a civil suit bearing No Against the
present appellants and the rest of the respondents for partition and her share in the said business
and also in the said property and for getting the sale-deed of the present appellant No. 4, dated ....,
declared as not binding on her share.
8. That the said suit was tried and decided by the II Joint Civil Judge,
Senior Division, Pune, on ....... and the Learned Lower Court was
pleased to decree the suit, though with some variation in the prayer.
Legal Drafting 201
order, dated , passed in the Civil Suit No by the II Joint Civil
Judge, Senior Division, Pune, the present appellants prefer this appeal against the same on the
following amongst the other grounds of objections thereto :
manner.
record.
7. That the Learned Lower Court, while passing the decree, has not specified the liability of the
defendants in the said suit, and taking into account the suit, there could not be any joint and several
liability, and hence, the decree is bad in law.
8. That the Learned Lower Court having once accepted the sale-deed to be valid and proper,
speculation of the Learned Lower Court about
' the value of the property and appreciation therein is fanciful and not supported by any evidence
on record.
9. That the Learned Lower Court ought to have upheld the contention of these appellants that
the suit being for partial partition was not tenable at law.
10. That observations of the Learned Lower Court as to the meaning, import and effect of
inominationi to the right, title and interest of the society are illegal and perverse.
11. That the Learned Lower Court should have accepted the contention of these appellants that
since the respondent No. 1 had never made
202 Legal Drafting
a demand of partition, there never was any cause of action for the suit, and on that count alone, the
suit ought to have been dismissed.
12. That the Learned Lower Court should have discarded outright the testimony of the witness,
Shri MTO, driver, and the witness, Shri TOM, when their depositions were full of self-explanatory
statements, thus, entitling them to claim any credibility.
13. That the Learned Lower Court ought to have held that the suit was bad for multifariousness
of parties and cause of action.
14. That the Learned Lower Court ought to have held that the value of the suit house is Rs.
2,50,000/- only and that of the press is Rs. 6,00,000/- only.
15. That the total findings concerning the movable properties described in para 1 of the plaint
are wrong and based on inadmissible evidence.
16. That the Learned Lower Court ought to have held that the deceased Shri SSB had passed
over unto his son, the respondent No. 2, the absolute right, title and interest, and there was no
chance to speculate unto the validity of the nomination.
17. That the Learned Lower Court has wrongly relied upon the High Court judgment reported in
1992 MLJ, 122.
18. That the Learned Lower Court ought to have held that the plaintiff had never established the
existence of the immovable properties as per the list and the properties of the press as per the
plaint, and hence, all the contentions in that behalf ought to have been outright discarded.
19. That the Learned Lower Court was at error in holding that the plaintiff had proved her claim
for partition of the suit house and immovable property of the printing press.
20. That the alternative amounts of damages granted by the Learned Lower Court to the
respondent No. 1 are exorbitant and much more than the properties sought to be covered by them.
21. That the Learned Lower Court was at error in ordering the taking the amounts of the lands in
respect of 400 Budhwar Peth, Pune City, inasmuch as no issue would arise in respect of that
property.
Legal Drafting 203
22. That the Learned Lower Court ought to have considered the legitimate effects of the fact
that the respondent No. 1 had gone to the length of producing false evidence, particularly the letter
at Exhibit No. 4.
23. That the decision of the Learned Lower Court is dated , while
its certified copy was applied for on , the same was delivered
the same day, and the decree had been prepared on and hence,
this appeal filed today is well within limitation.
24. That the proper court-fee is paid herewith.
25. That the appellants, therefore, pray that -
(A) This appeal be kindly allowed;
(B) The judgment and order of the Learned Lower Court be set aside and quashed;
(C) The original suit of the plaintiff be dismissed with costs throughout, and
(D) Any other orders in the interest of justice be kindly passed,
for which act of grace and favour, these appellants as bounden in duty shall ever pray.
Mumbai,
ADVOCATE FOR
Dated : THE APPELLANTS
204 Legal Drafting
48. AN APPEAL TO THE HIGH COURT

IN THE HIGH COURT OF JUDICATURE AT MUMBAI
Appeal No. / 200.
Appellants
1. The Pune Institute of Engineering & Technology, Shivajinagar, Pune 411 005.
2. Dr. Ashok Anandrao Ghatol, Director, Pune Institute of Engineering & Technology,
Shivajinagar, Pune 411 005.
Versus
Shri B M D
Respondent
age 35 years, occupation - service, resident of 1200 Sadashiv Peth, Pune 411 030.
The appellants abovenamed submit this memo of appeal, praying to state as follows :
(A) That the respondent was appointed at the appellant institute as a Lecturer in Mechanical
Engineering, by an order, dated , and he took over the charge on .
(B) That the appointment of the respondent was on contractual basis for the period of one year
only.
(C) That another appointment-letter was issued on by
which the respondent was appointed for another two years on contractual basis, and as per this
appointment order, the respondent was requested to communicate the acceptance of the said
appointment before the end of June 200_
(D) That the respondent, however, did not communicate his
acceptance of the said appointment order, and since the
respondent did not do so, the services of the respondent stood
terminated on
Legal Drafting 205
(E) That the respondent also informed the appellant institution
that he was not interested in the service and he was, therefore,
leaving his job.
(F) That, thereafter, the respondent filed an appeal No. PU/25/

2003 before the Presiding Officer, Pune University Tribunal,
Pune, and the said Learned Tribunal was pleased to allow the
said appeal of the respondent, and it was further ordered that
the appellants should pay unto the respondent salary including
all allowances with effect from
order, dated , passed in the appeal No. PU/25/2003, by the Learned
Presiding Officer, Pune University College Tribunal, Pune, the present appellants prefer this appeal
against the same on the following amongst the other grounds of objections thereto :
manner.
record.
7. That the case was involving highly technical issues requiring interpretation of the orders and
the provisions of law, and in the circumstances, the Tribunal ought to have allowed the parties to be
represented by their lawyers.
8. That the Learned Lower Court has confused the time schedule, and the dates mentioned in
the order are wrong.
9. That the Learned Lower Court has misunderstood and misconstrued the facts of the case.
206 Legal Drafting
10. That the Learned Lower Court was at error in condoning the delay in preferring the appeal,
and the Learned Lower Court has acted in an arbitrary manner while condoning the delay without
assigning any ground therefor, and the only excuse that could be put forth by the Learned Lower
Court is "the circumstances in the present case are such that one feels that delay in preferring the
appeal be condoned" is nothing but mockery of justice, and, hence, the appeal was wrongly
entertained.
11. That the Learned Lower Court has not framed proper issues.
12. That the Learned Lower Court has framed the issues in a totally defective manner.
13. That the Learned Lower Court once having held that the respondent had resigned orally, it
was erroneous on the part of the Tribunal again to hold that his services were not properly
terminated.
14. That the Learned Lower Court was at error in holding that there was no communication from
the appellants unto the respondent to the effect that his oral resignation was accepted.
15. That the Learned Lower Court was at error in holding that any acceptance was required to
be issued in case of a unilateral unconditional resignation by a Lecturer on probation.
16. That the Learned Lower Court was at error in holding that the explanation offered by the
Director of the appellant No. 1 was not convincing without assigning any grounds for holding so.
17. That the Learned Lower Court has misconstrued the documents at Exhibit 10/5, and, in fact,
the Learned Lower Court has lost sight of its evidentiary value.
18. That the Learned Lower Court ought to have held that the Exhibits 10/5 and 10/6 were the
documents made in accordance with the course of business of an office, and hence, ipso facto those
were relevant.
19. That there was no evidence to justify the questioning of authenticity or correctness of
exhibits 10/5 and 10/6, which were made by two high dignitaries other than the Director of the
institution.
Legal Drafting 207
20. That the Learned Lower Court has arrived at a conclusion that the respondent must not have
given resignation in the absence of any positive evidence to that effect led by the respondent.
21. That the Learned Lower Court ought to have held that the
communicated, dated of the respondent was an afterthought
prompted by his malicious design to harass the management of the institute.
22. That the conclusion of the Learned Lower Court that oral resignation cannot be legal itself is
illegal.
23. That the Learned Lower Court ought to have held that the burden did heavily lie on the
respondent to prove his case, and in the absence of any convincing evidence led by the respondent,
there was no question of the Learned Lower Court's analysing the appellant's evidence and giving all
the benefits of doubt to the respondent.
24. That the Learned Lower Court has not at all considered the case of these appellants, and it
was the case of these appellants that the respondent was working on contractual basis, and in the
absence of an extension, there should be no automatic continuation of the respondent.
25. That the Learned Lower Court has not even considered the case made out by these
appellants that a contractual appointment, after its expiration, required a mutual fresh contract for
its continuation, and unless that was shown, alleged or pleaded, here was no question of the
Learned Lower Court's substituting the one for the parties.
26. That the Learned Lower Court has ignored the fact that in the case of contractual fixed-time
of appointment, absence of agreement of extension itself would amount to termination of services
requiring and needing no notices, orders, or resignations whatsoever.
27. That the case of the appellants that the respondent was never confirmed in service was
accepted and confirmed by the respondent himself, and yet its effects were not considered by the
Learned Lower Court, which is really paradoxical and, therefore, bad in law.
208 Legal Drafting
28. That the case of the appellants was supported by the documentary evidence on record as
well as the independent officers of the appellants in their course of office maintaining records and
reports, while all that what the respondent was relying upon was his own interested version of the
case, and hence, the evidence of the appellants merited absolute recognition.
29. That the very fact that academic or administrative performance of the respondent was very
weak, and there were lots of complaints against him itself would show as to why the respondent
must have orally resigned.
30. That taking into account the performance of the respondent, the Learned Lower Court ought
to have properly inferred the motives on the part of the respondent to harass the management.
31. That the âppellants submitted by way of affidavits and otherwise detailed events and
convincing evidence, but the Learned Lower Court has not cared even to discuss any part of the
evidence.
32. That the Learned Lower Court ought to have considered the legitimate effects of the fact
that the respondent had gone to the length of producing false evidence, particularly the letter at
Exhibit No. 2.
33. That the Learned Lower Court ought to have upheld the contention of these appellants,
which was not only legal but also judicious.
34. That the decision of the Learned Lower Court is dated , while
its certified copy was applied for on , the same was delivered the
same day, and hence, this appeal filed today is well within limitation.
36. That the appellants, therefore, pray that -
(B) The record and proceedings in the appeal No. PU/25/2003, by the Learned Presiding Officer,
Pune University College Tribunal, Pune, be called for;
(C) The judgment and order passed in the said appeal be set aside and quashed; and
Legal Drafting 209
(D) Any other orders in the interest of justice be kindly passed, for which act of grace and favour,
these appellants as bounden in duty shal ever pray.
Pune, - Sd/- AAG
APPELLANTS
Dated :
Sd/- xXx ADVOCATE FOR APPELLANTS
(No Verification)
210 Legal Drafting
49. CAVEAT
HIGHLIGHTS
RIGHT TO LODGE A CAVEAT
1. The provision is made under section 148-A of the Civil Procedure Code.
2. It is a process to suspend proceedings.
3. It is a remedy against ex parte orders.
4. Right to appear in the Court on the hearing of such application.
5. The caveator shall serve a notice (copy of the caveat application) by registered post
acknowledgement due on the caveatee.
6. The Court shall serve a notice on the caveator. It is a condition precedent for passing any
interim orders against the caveator who is going to be affected by such orders, if passed.
7. The caveat shall not remain in force after the expiry of 90 days from the date of its lodging.
8. The section 148-A reads as follows :
(1) Where an application is expected to be made, in a suit or proceedings instituted, or about to

be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of
such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has
been lodged (hereinafter referred to as the caveator) shall serve notice of the caveat by registered
post,
. acknowledgement due, on the person by whom the application has been, or is expected to be,
made under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any
suit or proceeding, the Court shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish
the caveator, at the caveator's expense, with a copy of the application made by him also with copies
of any paper or document which has been, or may be, filed by him in support of the application.
Legal Drafting 211
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force
after the expiry of ninety days from the date on which it was lodged unless the application referred
to in sub-section (1) has been made before the expiry of the said period.
(6) Reasons and Objects: Under the Code, sometimes a party obtains an ex parte order on an
application without informing the other party of his intention to make such an application. Where a
party, with a view to preventing such ex parte orders being passed, intimates to the Court of his
intention to have notice of an intended application by the adverse party, he may be authorised to do
so. New section 148-A is being inserted to provide for a caveat.
(7) The Committee feel that where a caveat has been lodged under sub-section (1) of the
proposed new section 148-A, such caveat should not remain in force indefinitely and a time-limit of
ninety days should be prescribed. The clause has been amended accordingly.
212 Legal Drafting
IN THE COURT OF THE DISTRICT JUDGE, PUNE
Caveat Application No. / 200_
Shri _G_0__D )
age 35 years, occupation - service, ) Caveator
Pune411 030. )
Versus
Shri_D_0_G_ )
age 50 years, occupation - business, ) Caveatee
PUNE 411 030. )
A CAVEAT APPLICATION U/S 148-A OF THE CIVIL PROCEDURE CODE
The caveator abovenamed submit this caveat application, praying to state as follows :
1. That the caveator is the owner of the property bearing CTS No. 419, Sadashiv Peth, Pune
City, is owned by the caveatee.
2. That the caveatee has recently started the construction of a new building on his property.
3. That while laying down the foundations of the proposed building, the caveatee has
attempted to encroach upon the property of this caveator by digging two ditches and a number of
pits inside the area belonging to this caveator.
4. That the caveator has accordingly raised an objection to the said illegal encroachment on the
part of the caveatee, but the caveatee paid no heed to the same.
5. That the caveator apprehends that the caveatee may file a suit for injunction or seek such
other remedy against the caveator, and hence, this application.
6. That this caveat application being chargeable with a fixed rate of court-fee, the said paid
herewith.
Legal Drafting 213
7. That the caveator, therefore, prays that in case the caveatee files any suit or action seeking
interim injunction or such other remedy or relief against the caveatee, before passing any such
orders in the matter, necessary notice be served upon this caveator, and he be given an opportunity
of hearing.
8. That a copy of this caveat has been sent to the caveatee by registered post
acknowledgement due on his withinmentioned address.
Pune,
Sd/- GOD
Dated :__ .. CAVEATOR
Sd/-xXx ADVOCATE FOR CAVEATOR
VERIFICATION
I, Shri GOD, the present caveator, do hereby state on solemn affirmation that the contents of this
caveat application in paras 1 to 8 are true and correct to the best of my knowledge and belief, so I
have signed hereunder.
Sd/-GOD CAVEATOR Note : One more draft is given for your knowledge.
214
Legal Drafting
IN THE HIGH COURT OF JUDICATURE OF MUMBAI
ATMUMBAI
Caveat Application No. The Pune Institute of Engineering & Technology, Shivajinagar, Pune 411 005,
acting through its Director, Dr. Ashok Andrao ) Caveator Ghatol, age 55 years, occupation -
service, resident of the Director's Bungalow, Shivajinagar, Pune 411 005.
Versus
Smt. K_P V
age 50 years, occupation - service, ) Caveatee
resident of the Director's Bungalow,
Pune Institute of Engineering & Technology,
Shivajinagar, Pune 411 005.
./ 200_
A CAVEAT APPLICATION U/S 148-A OF THE CODE OF CIVIL PROCEDURE The caveator abovenamed
submit this caveat application u/s 148-A of the Civil Procedure Code, praying to state as follows :
1. That the caveator is the Director of the Pune Institute of Engineering & technology, Pune,
and the caveatee is an employee working under his control at the said institute.
2. That since the caveatee has been unauthorisedly occupying the premises on the campus of
the said institute, the Government had asked her to vacate the said premises, but the caveatee did
not vacate the same, and therefore, eviction proceedings were instituted against her.
3. That accordingly, the Competent Authority, Pune, after complying with all the legal
requirements, issued the eviction order against the caveatee.
4. That instead of obeying the said eviction order passed by the Competent Authority, Pune,
the caveatee preferred a miscellaneous civil appeal bearing No. 330/2001 in the District Court, Pune.
Legal Drafting 215
5. That the said appeal of the caveatee was heard by the Hon'ble Extra Joint
District Judge, Pune, on , and an order has been passed by the
Hon'ble Court to the effect that "the appeal stands rejected with costs and the order of the
Competent Authority is hereby confirmed".
6. That it is respectfully submitted that the orders passed by the Learned Trial Court as well as
the Learned Appellate Court are legal, and, hence, neither injustice has been done to the caveatee,
nor any hardship caused to her.
7. That it is apprehended that the caveatee may prefer an appeal, or a revision or a writ
petition to this Hon'ble High Court, praying therein for interim relief or injunction in the nature of
stay, status quo, etc.
8. That this caveat application being chargeable with a fixed rate of court-fee, the said paid
herewith.
9. That it is, therefore, prayed that -
(A) In case the caveatee files an appeal, revision or writ petition or any application, seeking for any
such remedy or relief, before passing any orders in the matter, necessary notice on the caveator
may kindly be served on the caveator;
(B An opportunity of hearing be granted to the caveator in the event of such an appeal or a revision
or a writ petition, if and when filed or preferred by the caveator, and
(C) Any other orders In the interest of justice be kindly passed.
10. . That a copy of this caveat has been sent to the caveatee by registered
post acknowledgement due on his witMnmentioned address.
Mumbai, Sd/-AAG
Dated: CAVEATOR
Sd/-xXx ADVOCATE FOR CAVEATOR
VERIFICATION
I, Dr. Ashok Anandrao Ghatol, the present caveator, do hereby state on solemn affirmation that the
contents of this caveat application in paras 1 to 10 are true and correct to the best of my knowledge
and belief, so I have signed hereunder.
Sd/- AAG CAVEATOR
216 Legal Drafting
50. AN APPLICATION FOR RESTORATION OF A SUIT
AT PUNE
Misc. Application No. / 200_
Shri __ A B C
age 40 years, occupation - business, resident of 25 Erandwana, PUNE 411 004.
Versus
Shri X Y Z
age 50 years, occupation - business, resident of 150 Budhwar Peth, PUNE 411002.
Applicant (Original Plaintiff)
Opponent
(Original
Defendant
AN APPLICATION FOR RESTORATION OF SUIT

The applicant abovenamed submits this application, praying to state as
follows
That the applicant had filed in this Hon'ble Court Special Suit No. 350/ 1999 against the opponent for
the recovery of a money claim of Rs. 5,00,000/-.
That the said suit was fixed for hearing on 200 for recording the
3.
evidence of this plaintiff, but on finding the plaintiff and his advocate being absent, this Hon'ble
Court was pleased to dismiss the said civil suit for default on the part of the plaintiff in appearance.
That this applicant submits for the kind and sympathetic consideration
of this Hon'ble Court that on 200_, the plaintiff left his residence
4.
at 10.30 a.m. and he was going on his scooter to attend this court. That this applicant furthermore
submits that while the plaintiff was negotiating the Deccan Corner, he was knocked from behind by
a PMT bus, and he was while unconscious taken to the Sassoon General Hospitals where he was
treated for three days.
Legal Drafting 217
5. That in the circumstances,, the members of the plaintiffs family could not
know the.whereabouts of the plaintiff till the evening of 200_, and
the plaintiff, therefore, could not contact his advocate, who was on that day out of Pune for some
important work.
6. That the suit claim is a substantive one, and the applicant is sanguine about the success that
the suit will be decided on merit and in his favour.
7. That the cause of action for the present application arose on , and
hence, this application filed today_is_well within limitation.
8. That the necessary court-fee is paid herewith.
9. That the applicant, therefore, prays that this application be kindly
allowed, the orders of dismissal, dated 200_ be set aside, and the
original Special Civil Suit No. 350/1999 be restored to the file and decided on merit.
Pune, Sd/-ABC
Dated : APPLICANT
Sd/-xXx ADVOCATE FOR APPLICANT
VERIFICATION
I, Shri ABC, the present applicant, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- ABC APPLICANT
218 Legal Drafting
51. AN APPLICATION FOR ATTACHMENT BEFORE JUDGMENT
HIGHLIGHTS
The provision is under Order 38 of the Code of Civil Procedure. The relevant provision reads as
follows :
5. Where defendant may be called upon to furnish security for production of
property
(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or
otherwise, that the defendant, with intent to obstruct or delay the
execution of any decree that may be passed against him -
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the
Court,
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such
sum as may be specified in the order, to produce and place at the disposal of the Court, when
required, the said property or the value of the same, or such portion thereof as may be sufficient to
satisfy the decree, or to appear and show cause why he should not furnish security.
(2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be
attached and estimated value thereof.
(3) The Court may also in the order direct the conditional attachment of the whole or any
portion of the property so specified.
(4) If an order of attachment is made without complying with the provisions of sub-rule of this
rule, such attachment shall be void.
6. Attachment where cause now shown or security not furnished -
(1) Where the defendant fails to show cause whey he should not furnish security, or fails to furnish
the security required, within the time fixed by the Court, the Court may order that the property
specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in
the suit, be attached.
Legal Drafting 219
(2) Where the defendant shows sueh cause or furnishes the required security, and the property
specified or any portion of it has been attached, the Court shall order the attachment to be
withdrawn, or make such other order as it thinks fit.
7. Mode of making attachment - Save as otherwise expressly provided, the attachment shall be
made in the manner provided for the attachment of property in execution of a decree.
8. Adjudication of claim to property attached before Judgment - Where any claim is preferred
to property attached before judgment, such claim shall be adjudicated upon in the manner
hereinbefore provided for the adjudication of claims to property attached in execution of a decree
for the payment of money.
9. Removal ofattachment when security furnished or suit dismissed - Where an order is made
for attachment before judgment, the Court shall order the attachment to be withdrawn when the
defendant furnishes the security required, together with security for the costs of the attachment, or
when the suit is dismissed.
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from
applying for sale - Attachment before judgment shall not affect the rights, existing prior to the
attachment, of persons not parties to the suit, nor bar any person holding a decree against the
defendant from applying for the sale of the property under attachment in execution of such decree.
11. Property attached before judgment not to be re-attached in execution of decree - Where
property is under attachment by virtue of the provisions of this Order and a decree is subsequently
passed in favour of the plaintiff, it shall not be necessary upon an application for execution of such
decree to apply for a re-attachment of the property.
11-A. Provisions applicable to attachment - (1) The provisions of this Code applicable to an
attachment made in execution of a decree shall, so far as may be, apply to an attachment made
before judgment which continues after the judgment by virtue of the provisions of rule 11. (2) An
attachment made before judgment in a suit which is dismissed for default shall not become revived
merely by reason of the fact that the
220 Legal Drafting
order for the dismissal of the suit for default has been set aside and the suit has been restored.
12. Agricultural produce not attachable before judgment - Nothing in this Order shall be deemed
to authorise the plaintiff to apply for the attachment of any agricultural produce in the possession of
an agriculturist, or to empower the Court to order the attachment or production of such produce.
13. Smali Cause Court not to attach immovable property - Nothing in this Order shall be deemed
to empower any Court of Small Causes to make an order for the attachment of immovable property.
Legal Drafting 221
AN APPLICATION FOR ATTACHMENT BEFORE
JUDGMENT
ATPUNE
Special Civil Suit No. _./ 200_
Shri _ A _ B _ C _ _ Plaintiff
Versus
Shri X _Y_Z___ _ Defendant
AN APPLICATION FOR ATTACHMENT BEFORE JUDGMENT
The plaintiff abovenamed submits this application, praying to state as follows :
1. That the plaintiff has filed in this Hon'ble Court the present suit against the defendant for a
huge amount of money claim of Rs. 6,00,000/-.
2. That the defendant has already been served with a notice on , and
immediately on the following day, he published an advertisement in the daily "Sakal", offering the
sale of his property bearing House No. 420 of Kasba Peth, Pune City, and the plaintiff believes that
the defendant is trying to dispose of the said property and leaving from here with an intention to
defeat the decree that may be passed against the defendant and in favour of this plaintiff.
3. That the plaintiff also believes that the defendant holds no other property except and save
the said house property within the local limits of the jurisdiction of this Hon'ble Court.
4. That the plaintiff apprehends that, if the defendant were to succeed in his malicious plan
and designs, the order and decree of this Hon'ble Court, when passed, would be rendered
infructuous and thereby the plaintiff would be subjected to suffer irreparable loss and damage, and
hence, this application.
5. That this application being chargeable with a fixed rate of court-fee, the same is paid
herewith.
222 Legal Drafting
6. That the plaintiff, therefore, prays that during the pendency of this suit, the said property
bearing House No. 420 of Kasba Peth, Pune City, be kindly attached.
7. . An affidavit in support herewith is filed herewith.
Pune, Sd/-ABC
PLAINTIFF
Dated :
Sd/-xXx
AFFIDAVIT
I, Shri ABC, the present plaintiff, do hereby state on solemn affirmation as follows :
1. That the plaintiff has filed in this Hon'ble Court the present suit against the defendant for a
huge amount of money claim of Rs. 6,00,000/-.
2. That the defendant has already been served with a notice on , and
immediately on the following day, he published an advertisement in the daily "Sakal", offering the
sale of his property bearing House No. 420 of Kasba Peth, Pune City.
3. That the plaintiff believes that the defendant is trying to dispose of the said property and
leaving from here with an intention to defeat the decree that may be passed against the defendant
and in favour of this plaintiff.
4. That the plaintiff also believes that the defendant holds no other property except and save
the said house property within the local limits of the jurisdiction of this Hon'ble Court.
5. That the plaintiff apprehends that, if the defendant were to succeed in his malicious plan
and designs, the order and decree of this Hon'ble Court, when passed, would be rendered
infructuous and thereby the plaintiff would be subjected to suffer irreparable loss and damage, and
hence, this application.
Legal Drafting 223
WHATEVER stated above is true and correct to the best of my knowledge
and belief, so I have signed hereunder at Pune this day of 200_
Sd/-ABC PLAINTIFF
I know the Plaintiff Sd/-xXx ADVOCATE
224 Legal Drafting
52. AN APPLICATION FOR SUCCESSION CERTIFICATE
AT PUNE
Succession Application No. / 200_
Shrimati WIDOW, )
age 40 years, occupation - service, ) Applicant
resident of 1000 Kasba Peth, )
PUNE 411 Oil. )
AN APPLICATION FOR THE GRANT OF SUCCESSION CERTIFICATE
1. That the applicant is ordinarily a resident of the withinmentioned address, and she has been
staying in Pune since her birth.
2. That Shri XYX, who died at Pune on , was the husband of the
present applicant.
3. That the said deceased died intestate, and due and diligent search has been made for his
will, but nothing has been found.
4. That the said deceased at the time of his death was working as a Technician at the National
Chemical Laboratory, Pashan, Pune.
5. That the present applicant and the said deceased have no child.
6. That the said deceased at the time of his death left behind him surviving as his widow, the
present applicant.
7. That the present applicant as the widow of the said deceased claims to be entitled to 100%
share of the estate.
8. That there is no impediment under section 370 of the Indian Succession Act, or under any
other provision of the said Act, or any other enactment to the grant of the succession certificate or
the validity thereof, if it were granted.
Legal Drafting 225
9. That the applicant has truly set forth in the Schedule hereto the securities in respect of
which the certificate is applied for, and the succession certificate is required for the purpose of
claiming pensionery benefits from the National Chemical Laboratory, Pashan, Pune, where the
deceased was working as a Technician, and the said assets in respect of which the succession
certificate is required are under the value of Rs. 2,50,000/-.
10. That no application has been made to any other court of law for probate of any will of the
said deceased or for letters of administration with or without the will annexed to his property and
credits.
11. That no application for the grant of succession certificate in respect of any debt or security
belonging to the estate of the said deceased has been made to any other court of law.
12. That the applicant, therefore, prays that a succession certificate may kindly be granted to
the applicant in respect of the debts and securities set forth in the schedule hereto.
Pune, Sd/- WIDOW
APPLICANT
Dated : r.
Sd/-xXx ADVOCATE FOR APPLICANT
VERIFICATION
I, Smt. WIDOW, the present applicant, do hereby state on solemn affirmation that the contents of
this application in paras 1 to 12 are true and correct to the best of my knowledge and belief, so I
Sd/- WIDOW APPLICANT
226 Legal Drafting
THE SCHEDULE OF THE DEBTS AND SECURITIES
(i) Rs. 2,00,000/- _ Amount in the General Provident Fund,
(ii) Rs. 5,000/- _ Amount of Monthly Subscription from
March 200_ to August 200_
(iii) Rs. 15,000/- _ Amount of Interest due @ 9.5% p. a.
to be paid for the period from April 200.. . to January 200..
Rs. 2,20,000 _ GRAND TOTAL

Note : One more draft with more details is provided below :
Legal Drafting
ATPUNE
Misc. Application No. /200.
227
1. Smt. RPG,
2. Kum. BPG, age 23 years, occupation - student, ) Applicants
3. Kum. APG, age 22 years, occupation - student, All residents of 100 Narayan Peth, PUNE
411030.
APPLICATION FOR THE GRANT OF A SUCCESSION CERTIFICATE
The applicants abovenamed submit this application, praying to state as follows :
1. That the applicant No. 1 is the widow, while the applicant Nos. 2 and 3 are the daughters of
the Late Shri PDG, who died intestate on ...
2. That the deceased, Shri PDG, died in the Poona Hospital at Pune.
3. That the said deceased, Shri PDG at the time of his death was in service working as a
Ref/Mech HS II in the office of the Garrison Engineer (I) R & D, Pashan, Pune.
4. That the said deceased, Shri PDG, during his service, had filed the nomination in the name of
his mother, Smt. SDG, who died at Pune on , i.e. during the lifetime of the said Late Shri PDG.
5. That it is submitted that even though the said nominee Smt. SDG died only during the
lifetime of the said deceased Shri PDG, he did not cancel the said nomination and filed a new one,
nominating the present applicants as his nominees.
6. That since the old nomination remained on the record of the said office of the Garrison
Engineer (I), R&D, Pashan, Pune, where the said deceased Shri PDG was working, now the claim of
the present applicants
Draft-14
228 Legal Drafting
as regards the payment of the amount of General Provident Fund could not be settled and hence the
same remained pending for want of necessary succession certificate.
7. That it is also submitted that the present applicants are the only legal heirs of the said
deceased Shri PDG.
8. That the details of the claim of the applicants with reference to the General Provident Fund
to be received from the office of the Garrison Engineer, Pashan, Pune, are as follows :
(i) Rs. 1,93,456/- Closing Balance during the financial year
200_.-200_..
(ii) Rs. 3,000/- Amount of Monthly Subscription from
March 200_. to August 200_ (iii) Rs. 15,493/- Amount of Interest due @ 9.5% p.a.
to be paid for the period from April 200..
to January 200_
Rs. 2,11,940/- _ GRAND TOTAL
SAY Rs. 2,12,000/-
9. That it is submitted that the present applicants being the legal heirs of the said deceased
Shri PDG are fully entitled to receive the amounts of the claim herein made.
10. That it is also submitted that the applicants have no other source of income, and hence, the
application hereby preferred be kindly sanctioned at an early date.
11. That the applicants reside jointly, and the applicant Nos. 2 and 3 are wholly dependant on
the applicant No. 1, and hence, for the sake of convenience, the succession certificate be kindly
issued in the name of the applicant No. 1, for which the applicant Nos. 2 and 3 have filed their no
objections by way of affidavits.
12. That the applicants reside as well as the said deceased Shri PDG was working and also he
died within the local limits of the jurisdiction, and hence this Hon'ble Court has jurisdiction to try and
decide this application.
Legal Drafting 229
14. That the applicants, therefore, pray that -

(a) This application may kindly be sanctioned;
(b) The succession certificate applied for be granted;
(c) The succession certificate be kindly issued in the name of the applicant No. 1;
(d) Any other orders in the interest of justice be kindly passed.
Pune
Sd/-APPLICANTS
Dated
Sd/-xXx ADVOCATE FOR APPLICANTS
(Affidavit - Next Page)
230 Legal Drafting
IN THE COURT OF THE HON'BLE CIVIL JUDGE,
SENIOR DIVISION, PUNE
AT PUNE
Misc. Application No. /200..
Smt. RPG & others _ Applicants
AFFIDAVIT
I, Smt. RPG, age 52 years, occupation - household, resident of 100 Narayan Peth, Pune 411030, the
applicant No. 1 for herself and applicant Nos. 2 and 3, do hereby state on solemn affirmation as
follows :
1. That the applicant No. 1 is the widow, while the applicant Nos. 2 and 3 are the daughters of
the Late Shri PDG, who died intestate on 200
2. That the deceased, Shri PDG died in the Poona Hospital at Pune.
3. That the said deceased, Shri PDG at the time of his death was in service working as a
Ref/Mech HS II in the office of the Garrison Engineer (I) R & D, Pashan, Pune.
4. That the said deceased, Shri PDG, during his service, had filed the nomination in the name of
his mother, Smt. SDG, who died at Pune on 19 , i.e. during the lifetime of the said Late Shri
PDG.
5. That it is submitted that even though the said nominee Smt SDG died only during the
lifetime of the said deceased Shri PDG, he did not cancel the said nomination and filed a new one,
nominating the present applicants as his nominees.
6. That since the old nomination remained on the record of the said office of the Garrison
Engineer where the said deceased Shri PDG was working, now the claim of the present applicants as
regards the payment of the amount of General Provident Fund could not be settled and hence the
same remained pending for want of necessary succession certificate.
7. That it is also submitted that the present applicants are the only legal heirs of the said
deceased Shri PDG.
Legal Drafting 231
8. That the details of the claim of the applicants with reference to the
General Provident Fund to be received from the office of the Garrison
Engineer, Pashan, Pune, are as follows :
(i) Rs. 1,93,456/- Closing Balance during the financial year
200 200_
(ii) Rs. 3,000/- Amount of Monthly Subscription from March
200_ to August 200_. (iii) Rs. 15,493/- AmountofInterestdue@9.5% p.a.tobepaid
for the period from April 2002 to January 2003 Rs. 2,11,940/- _ GRAND TOTAL + DOS (Death Linked
Bonus) Say Rs. 2,12,000/-
9. That it is submitted that the present applicants being the legal heirs of the said deceased
Shri PDG are fully entitled to receive the amounts of the claim herein made.
10. That it is also submitted that the applicants have no other source of income, and hence, the
application hereby preferred be kindly sanctioned at an early date.
11. That the applicants reside jointly, and the applicant Nos. 2 and 3 are wholly dependant on
the applicant No. 1, and hence, for the sake of convenience, the succession certificate be kindly
issued in the name of the applicant No. 1, for which the applicant Nos. 2 and 3 have filed their no
objections by way of affidavits.
12. That the applicants reside as well as the said deceased Shri PDG was working and also he
died within the local limits of the jurisdiction, and hence this Hon'ble Court has jurisdiction to try and
decide this application.
WHATEVER stated above in paras 1 to 12 are true and correct to the best
of my knowledge and belief, and so I have signed hereunder at Pune this _.
200_.
Sd/-RPG APPLICANT NO. 1. . . I know the Applicant No. 1 Sd/-xXx ADVOCATE
232 Legal Drafting
53. AN APPLICATION FOR APPOINTMENT OF A COURT COMMISSIONER
IN THE COURT OF
THE SMALL CAUSES JUDGE, PUNE AT PUNE
Shri P_S_D_
Versus
Shri S M P.
Civil Suit No. 500/ 2003 Plaintiff
Defendant
AN APPLICATION ON BEHALF OF THE DEFENDANT FOR APPOINTMENT OF A COURT

COMMISSIONER
The defendant abovenamed submits this application, praying to state as follows :
1. That the plaintiff has filed the present suit against this defendant for fixation of standard
rent and recovery of possession.
2. That this defendant has accordingly filed his written statement separately and also an
application for the grant of stay.
3. That this defendant respectfully submits for the kind perusal and sympathetic consideration
of this Hon'ble Court that the plaintiff says that the area occupied by and in possession of this
defendant is 280 sqft, while the actual area is 480 sqft approximately.
4. . That this defendant also submits that with a view to confirming the actual area occupied by
and in possession of this defendant and also taking the measurements of the suit premises, it is
indispensable that this Hon'ble Court be pleased to appoint a court commissioner.
5. That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court by
purposely mentioning the wrong area of 280 sqft instead of the actual area of 480 sqft.
6. That this defendant submits that if this Hon'ble Court is not pleased to grant this application
for the appointment of a court commissioner, this defendant will suffer irreparable loss and
damages.
Legal Drafting 233
7. That this defendant also submits that unless the plaintiff amends the plaint itself by
mentioning the area of the suit area to be 480 sqft approximately, no facts will come before the
Hon'ble Court.
8. That this defendant furthermore submits that if the plaintiff on his own does not amend the
plaint and rectify the mistake in respect of the actual area, the appointment of a court commissioner
is but a must, and hence, this application.
9. That this defendant also respectfully submits for the kind consideration
of this Hon'ble Court that the plaintiff through his agents on at
9.00 a.m. tried to demolish a part of the suit premises so as to reduce the same to the area from 480
sqft to 280 sqft.
10. That this defendant furthermore submits that unless the appointment of a court
commissioner is made and the exact and actual area of the suit premises cannot be brought on
record of this Hon'ble Court, and this defendant also cannot submit his say in that respect, and
hence, the appointment of a court commissioner is not only essential but also in the interest of
justice.
11. That this defendant submits that if no court commissioner is appointed, the defendant is
afraid that the actual record and details with special reference to the area of the suit premises will
never be available, and hence, for want of the facts, this defendant shall be subjected to suffer
irreparable loss and damages, and flagrant injustice shall also be done to this defendant for no fault
on his part.
12. That this application being chargeable with a fixed rate of court-fee, the same is paid
herewith.
13. That this defendant, therefore, prays that this Hon'ble Court be pleased to appoint a court
commissioner in the matter.
14. That this defendant submits that he is ready and willing to pay and deposit in this Hon'ble
Court the necessary amount towards the expenses on account of the appointment of a court
commissioner.
234 Legal Drafting
Pune, Sd/-SMP
DEFENDANT
Dated :
Sd/- x X x ADVOCATE FOR DEFENDANT
Legal Drafting 235
AT PUNE
Civil Suit No. 500/ 2003
Shri _.. P__.S_.D__. _ Plaintiff
Versus
Shri__.. S_.M_.P_. _ Defendant
AFFIDAVIT
I, Shri SMP, the present defendant, do hereby state on solemn affirmation as follows :
1. That the plaintiff has filed the present suit against this defendant for fixation of standard
rent and recovery of possession.
2. That this defendant has accordingly filed his written statement separately and also an
application for the grant of stay.
3. That this defendant respectfully submits for the kind perusal and sympathetic consideration
of this Hon'ble Court that the plaintiff says that the area occupied by and in possession of this
defendant is 280 sqft, while the actual area is 480 sqft approximately.
4. That this defendant also submits that with a view to confirming the actual area occupied by
and in possession of this defendant and also taking the measurements of the suit premises, it is
indispensable that this Hon'ble Court be pleased to appoint a court commissioner.
5. That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court by
purposely mentioning the wrong area of 280 sqft instead of the actual area of 480 sqft.
6. That this defendant submits that if this Hon'ble Court is not pleased to grant this application
for the appointment of a court commissioner, this defendant will suffer irreparable loss and
damages.
7. That this defendant also submits that unless the plaintiff amends the plaint itself by
mentioning the area of the suit area to be 480 sqft approximately, no facts will come before the
Hon'ble Court.
236 Legal Drafting
8. That this defendant furthermore submits that if the plaintiff on his own does not amend the
plaint and rectify the mistake in respect of the actual area, the appointment of a court commissioner
is but a must, and hence, this application.
9. That this defendant also respectfully submits for the kind consideration
of this Hon'ble Court that the plaintiff through his agents on at
9.00 a.m. tried to demolish a part of the suit premises so as to reduce the same to the area from 480
sqft to 280 sqft.
10. That this defendant furthermore submits that unless the appointment of a court
commissioner is made and the exact and actual area of the suit premises cannot be brought on
record of this Hon'ble Court, and this defendant also cannot submit his say in that respect, and
hence, the appointment of a court commissioner is not only essential but also in the interest of
justice.
11. That this defendant submits that if no court commissioner is appointed, the defendant is
afraid that the actual record and details with special reference to the area of the suit premises will
never be available, and hence, for want of the facts, this defendant shall be subjected to suffer
irreparable loss and damages, and flagrant injustice shall also be done to this defendant for no fault
on his part. WHATEVER stated above in paras 1 to 11 is true and correct to the
best of my knowledge and belief, and so I have signed hereunder at Pune
this day of 200_
Sd/-SMP
I know the Defendant. DEFENDANT

Sd/-xXx ADVOCATE
237
54. APPLICATION FOR CLAIM IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL
_/200_
IN THE COURT OF THE HON'BLE MEMBER,
MOTOR ACCIDENT CLIMS TRIBUNAL, PUNE
AT PUNE
Claim Application No. Smt. LNN,
(Since deceased, legal heirs & guardian for the minor applicant Nos. (ii) & (iii),
Applicants
(i) Shri NNM,
(ii) Kum. SNN,
age 11 years, occupation - student,
(iii) Master BNN,
age 8 years, occupation - student,
(iv) Smt. PHN,
age 60 years, occupation - household, All residents of at & PO Saswad, Taluka Purandar, District
Pune.
Vs Shri SNP,
Opponents
age - adult, occupation - service, resident of M/s Dhanaji Mavaji Transport, 24 "Deokrupa" Building,
Rampur Street, Wadibunder, MUMBAI. (Driver) M/s Parakh Goods Carriers, 317 Punit Chambers,
Sector No. 18, Washi, Navi Mumbai 400 074. The United India Insurance Company Limited, Thane
City Branch No. 1, Shivkrupa, Gokhale Road, Near Telephone Exchange, Naupada, THANE 2. )
238
Legal Drafting
CLAIM APPLICATION FOR COMPENSATION FOR Rs. 3,00,000/-
The applicants abovenamed submit this application as the legal heirs of the deceased the Late Shri
NHN, who died in the motor accident,
on .., which took place on the Pune-Mumbai Road, near the Central
School, Dehu Road, near KM No. 23/6, Electricity Poll No. 05/1881/54, praying to state as follows :
The necessary particulars in respect of the deceased, vehicle involved in the accident, etc. are given
below :
1.
4. 5.
8.
Name & Father's Name of the
person dead.
Full Address of the deceased
Age of the deceased at the time of accident.
Occupation of the deceased Name & Address of the employer
Monthly Income of the deceased
Does the person in respect of whom the compensation is claimed pay income-tax ? If so, give the
details. Place, Date & Time of the accident
Late Shri NHN
At & PO Rashan-Takali, Taluka Karmala, District Solapur. 26 years
Service
Amrapali Gas Supply

Company
Angarika Apartments,
Chinchwadgaon,
Pune 411 033.
Rs. 3,500/- p.m. Plus
Rs. 3,000/- as Diwali Bonus
No
The accident took place on the Pune-Mumbai Highway, near Central School, Dehu Road, Near KM
No. 3/6, Electricity
Legal Drafting
9. Name & Address of the Police Station in whose jurisdiction the accident took place.
10. Was the person in respect of whom the compensation is claimed travelling by the vehicle
involved in the accident ?
11. Nature of injuries sustained by the deceased and the continuing effect, if any.
12. Name & Address of the medical officer who attended the deceased
13. Period of Treatment and expenditure, if any, incurred thereon (To be supported by
documentary evidence).
13(a). Nature of injuries and whether caused permanent disablement.
14. Registration No. & Type of the vehicle involved in the accident.
15. Name & Address of the Owner of the vehicle involved in the accident.
239
Pole No. 05/1881/54, on _. at 9.45 p.m. Dehu Road Police Station
No,
The deceased person was going on his bicycle by the Pune-Mumbai Road, and the container truck
dashed him down from behind. The deceased sustained serious head injuries, also other bodily
injuries and was crushed due to the wheel of the vehicle collided on his head and as a result, he died
on the spot.
The Medical Officer-on-duty, Primary Health Centre, Talegaon-Dabhade, Taluka Maval, District Pune.
The deceased died on the spot.
Since the deceased died on the Spot, Not Applicable. Truck container bearing Regn. MH-04/P-8237
M/s Parekh Goods Carrier, 317 Punit Chambers, Sector No. 18, Washi, Navi Mumbai 74, PIN 400 074.
240 Legal Drafting
United India Insurance Co. Ltd. Thane City Branch No. 1, Shivkrupa, Gokhale Road, Near Telephone
Exchange, Naupada, Thane No. 2 No
16. Name & Address of the Insurance Company of the vehicle involved in the accident.
As per the title of this
application
Father of the applicant Nos.
(ii) and (iii), Son-in-law of
the applicant No. 1, and son
of the applicant No. (iv).
Not applicable, since no
property.
Rs. 3,00,000/-
(Rupees Three Lac Only)
17. Has any claim been lodged with the owner, insurer ? If so, with what result ?
18. Name & Address of the Applicants
19. Relationship of the applicants with the deceased.
20. Title to the property of the deceased.
21. Amount of the compensation claimed.
22.j;/.Any other information that may be necessary or helpful in disposal of the claim application :
(a) That the opponent No. 1 was the driver of the vehicle bearing Registration Number MH-
04/P-8237 involved in the said accident. The opponent No. 1 was driving the vehicle at the time of
the accident. The opponent No. 2 is the registered owner of the said vehicle, and the opponent No. 3
is the insurance company with whom the said vehicle was insured at the time of the accident.
(b) That the deceased, Late Shri N H N_, was working in the
Amrapali Gas Supply Company, Angarika Apartments, Chinchwadgaon, Pune 411 033. He was
earning a commission @ Rs. 3,500/- per month and a Diwali bonus of Rs. 3,000/-per annum. The
deceased was residing at Dehu Malwadi, Taluka Haveli, District Pune, with his wife and two children,
Legal Drafting 241
i.e. the deceased applicant No. 1 and applicant Nos. (ii) and (iii), respectively. The deceased was
maintaining the applicants out of his earning.
(c) That on at 9.45 p.m., the deceased was going to his
house by the Pune-Mumbai National Highway on his bicycle after discharging his routine duties.
While he was so going, he. was knocked down from behind by the said container truck. He sustained
very serious head as well as bodily injuries, and the deceased died on the spot. The opponent No. 1
was driving the said vehicle in rash and negligent manner and thereby caused the said accident. On
account the very severe dash of the vehicle caused by the opponent No. 1, the deceased died on the
spot without any medical treatment.
(d) That the said deceased at the time of the accident was 26 years old, and he was quite
healthy and suffering from no illness.
(e) That the Late Shri N H _N was working in the
Amrapali Gas Supply Company and was getting a commission @ Rs. 3,500/- per month and also Rs.
3,000/- as a Diwali bonus per annum.
(f) That the applicant, who is the father-in-law of the deceased, is the guardian of the applicant
Nos. (ii) and (iii) and caretaker of the applicant No. (iv). The applicant No. (ii) is the daughter and the
applicant No. (iii) is the son of the deceased.Both the children are minors. The applicant No. (iv) is
the mother of the deceased, and she is now old. All the applicants were fully dependant on the
deceased. There is, in fact, no other person earning the livelihood for the applicants. So also, there is
no other source of income for the applicants for their maintenance.
(g) That the applicants submit for the kind and sympathetic consideration of this Hon'ble Court
that since they were totally dependant on the income of the deceased, who died prematurely,
unexpectedly and sorrowfully, now the applicants have been left with no monetary help for their
livelihood, and they are severe hardships and misery.
Legal Drafting
That the opponent No. 1 tried to run away from the place of accident, without helping th'e
deceased, without informing the police about the accident; which was caused only on account of the
rash and negligent driving and excessive speed and also without caring the traffic on the road. A
person from among the people gathered on the scene of the accident followed the vehicle and
caught hold of the opponent No. 1, who had attempted to run away, but it was the said person who
cared to inform the Dehu Road Police Station in the matter, and the opponent No. 1 was arrested by
the police. That the applicants submit that such an accident would not have taken place, if the'
opponent No. 1 were to take all possible care while driving the said vehicle. That the applicants
further submit that the said accident would not have taken place but the same occurred only
because of rash and negligent driving on the part of the opponent No. 1. At the time of the said
accident, the opponent No. 1 had not taken proper precaution for driving his vehicle. He could avoid
the said accident. At the material time of the accident, the opponent No. 1 did not apply the brakes
of the said vehicle effectively and promptly.
That the applicant No. 1, as the guardian of the applicant Nos. (ii) and (iii), is unable to maintain the
latter. Because of the death of the deceased in the said accident, the applicants are claiming the
amount of compensation under the following heads :
(i) Loss of the company of the deceased for ever; (ii) Loss of services which were provided by
the deceased
to the applicants during his lifetime; (iii) Loss of services which would have been provided by the
deceased to the applicants in the future; (iv) Loss of income, love and affection; (v) Loss of
dependency;
Legal Drafting 243
(vi) Suffering heavy mental tensions, tortures and agony by
the applicants on account of the death of the deceased,
and hence the amount of the compensation claimed by
the applicants is quite reasonable.
(1) That the applicants are claiming the amount of compensation
under section 166 as well as under section 140 of the Motor
Vehicles Act.
(m) That the accident took place on the Pune-Mumbai National
Highway on at 9.45 p.m. It took place near the Central
School, Dehu Road, Taluka Haveli, District Pune, and hence, this Hon'ble Court has jurisdiction to try
and decide this claim application, and this claim application filed today is well within time, (n)
That it is, therefore, prayed that -
(A) This claim application be kindly allowed with costs;

(B) The amount of compensation of Rs. 3,00,000/- (Rupees Three Lac Only) be paid to the
applicants from the opponents.
(C) The amount of interest @ 12% per annum be paid to the applicants on the awarded amount
from the opponents,
Sd/-
Pune, APPLICANT NO. (I)
FOR HERSELF & NATURAL GUARDIAN FOR APPLICANT NOS. (II) & (III)
Dated : ..
VERIFICATION I, Smt. LNN, the applicant No. (i), do hereby state on solemn affirmation that all the
contents of this claim application are true and correct to the best of my knowledge and belief, and
so I have signed
hereunder at Pune this .. day of200 No other claim has been
filed in any court or forum. The contents of this claim application are read over and explained to me
in Marathi.
Sd/-APPLICANT NO. (I)
244 Legal Drafting
55. APPLICATION U/S 140 OF THE MOTOR VEHICLES ACT
IN THE COURT OF THE HON'BLE MEMBER,
MOTOR ACCIDENT CLIMS TRIBUNAL, PUNE
AT PUNE
Claim Application No. 555/2006
Shri S S P ... Applicant
Vs
Shri G H M & Others ... Opponents
APPLICATION U/S 140 OF THE MOTOR VEHICLES ACT The applicant abovenamed submits this
application, praying to state as follows :
1. That the applicant has filed the present claim application for the grant of compensation of
Rs. 3,00,000/- for the injuries sustained by him in the motor vehicle accident.
2. That the said accident took place on at 9.30 a.m., on the
Gangapur Road, Nashik, Opposite Thakare Bungalow, Nashik City.
3. That the applicant sustained very serious injuries to his right leg, causing amputation and
thereby he has become permanently disabled.
4. That immediately after the accident, the injured-applicant was admitted to the Sushrut
Hospital, "Gautam", New Pandit Colony,
Sharanpur Road, Nashik, and then from onwards, KEM
Hospital, Pune, Hardikar Hospital, Pune and Deenanath Mangeshkar Hospital & Research
Center, Pune, where he was
treated from onwards and was operated on for
amputation on his right leg.
Legal Drafting 245
5. That during this initial medical treatment and operation, the applicant was required to incur
an amount of Rs. 1,00,000/-(approximately) towards the expenses.
6. That since the applicant is an old man of 75 years, he had no source of income even to meet
these expenses, and hence, he is subjected to suffer severe hardships and misery.
7. That the said accident took place only because of rash and negligent driving of the opponent
No. 1, and the opponent No. 2 is the owner of the said vehicle, while the opponent No. 3 is the
insurance company in respect of the said vehicle, and all the opponents are jointly and severally
liable to pay the amount of compensation claimed by the applicant.
8. That the concerned police station has already filed a criminal complaint against the
opponent No. 1 for committing the said criminal offence, and the same us, at present, sub judice and
pending in the court of the JMFC, Nashik.
9. That it is respectfully submitted that this Hon'ble Court will take its own time for arriving at
the final decision in the matter, and hence, it will be in the interest of justice, if this Hon'ble Court is
pleased to pass interim orders by awarding an amount of Rs. 25,000/- to the applicant under the no
fault liability/under section 140 of the MV Act.
10. That taking into consideration the delicate financial position of the applicant, it is
indispensable that the applicant deserves an immediate help, and hence, this application.
11. That it is furthermore submitted that if no orders are passed by this Hon'ble Court in favour
of the applicant by way of interim relief, he will suffer irreparable loss and financial hardships.
12. That it is, therefore, prayed that -

(A) This application be kindly allowed;
(B) An amount of Rs. 25,000/- be paid to the applicant from the opponent;
246 Legal Drafting
Pune,
[...SSP...]
Dated : APPLICANT
ADVOCATE FOR THE APPLICANT
VERIFICATION
I, Shri S S P the applicant, do hereby state on solemn
affirmation that all the contents of this claim application are true and correct to the best of my
knowledge and belief, and so I have signed
hereunder at Pune this day of May 2006. No other claim has been
filed in any court or forum. The contents of this claim application are read over and explained to me
in Marathi.
[...SSP...]
APPLICANT
Legal Drafting 247
56. AFFIDAVIT BY WAY OF EXAMINATION-IN-CHIEF
IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION, PUNE
AT PUNE
Reg. Civil Suit No. 305/2003
Smt. RDS & Others
Vs Smt. PPS & Others
Plaintiffs
Defendants
AN AFFIDAVIT IN EXAMINATION-IN-CHIEF ON BEHALF OF THE PLAINTIFFS
AFFIDAVIT
I, Shri RDS, age 35 years, occupation - business, resident of 500 Deccan Gymkhana, Pune 411004, the
plaintiff No. 2, for himself and other plaintiffs, do hereby state on solemn affirmation as follows :
1. That the plaintiffs have filed the present suit against the defendants for declaration and
injunction.
2. That the suit properties described in para 1(A) and para 1 (B) of the plaint are self-acquired
of my father, the Late Shri DMS, who had acquired and purchased the same by registered sale-deeds
from time to time, as has been mentioned in the plaint.
3. That, however, the suit property, i.e. one shop, described in para 1 (C) of the plaint is rented
and tenanted.
4. That the plaintiffs submit that the suit properties were self-acquired properties of the said
Late Shri DMS, and the same came to the absolute and exclusive share of the plaintiffs by virtue of
the will made and executed by the said deceased Shri DMS during his lifetime, on :.
5. That the said will is also registered by the said testator, Late Shri DMS, with the office II, vide
Sr. No. 5555, dated .
6. That prior to the execution of the said will made by the said deceased Shri DMS, a will of the
said testator was caused to be made and
248 Legal Drafting
executed by the defendant Nos. 1, 5, 8 and 9, on 9.7.1991. However, the said will, which was caused
by the defendant Nos. 1, 5, 8 and 9, was revoked and cancelled by the said deceased only during his
lifetime on and by a fresh will made and executed by him on , and
thereafterwards, the said testator did not make any will or codicil.
7. That the defendant No. 1 is the daughter-in-law of the said deceased, while the defendant
Nos. 2, 3 and 4 are the children of the defendant No.l; the defendant No. 5 is also the daughter-in-
law of the said deceased, while the defendant Nos. 6 and 7 are the children of the defendant No. 5;
the defendant Nos. 8 and 9 are the sons of the deceased.
8. That there have been strain relationships between the said deceased and all the defendants
as a result thereof the said deceased only
during his lifetime mad the said will on in favour of the present
plaintiffs as his beneficiaries, and he has also revoked and cancelled

the will, dated ', which was caused by the defendants by force,
duress, compulsion and the like illegal means.
9. That the said so-called will, dated , was also caused to be
registered with the office of the Sub-Registrar, Haveli No. I, Pune, at Sr. No. 1111/2003.
10. That the defendants have ill-treated the said deceased generally during his lifetime and
particularly during his old age illness and decrepitude and subjected him to cruelty, inhumanity,
excruciating mental tensions, tortures, agony, misery and everything of bad nature, and the reasons
for the same were only the suit properties, which the defendants wanted to get devolved upon them
to the maximum shares.
11. That even though all the defendants were living separately and apart
since the year , they used to come to the said deceased and many
a time created a scene only with a motif to extract more and more shares in the properties by hook
or by crook and without caring for either social values or legal provisions.
12. That the deceased has always had refused to submit to the illegal
demands made by the defendants, and being aggrieved and offended
Legal Drafting 249
by the very legal attitude of the said deceased, the defendants started to misbehave with the
deceased and also had gone to the level of taking revenge on the deceased, because the said
deceased refused to succumb to the illegal demands made by them.
13. That as a part and parcel of the ill-treatment and harassment meted
out to the said deceased by the defendants, on . at 11.30 a.m.,
the defendant Nos. 1, 5, 8 and 9 took the deceased by force in an autoricksha to the office of the
Sub-Registrar, Haveli No. I, for causing the execution of the said will by force, duress, compulsion,
tensions and tortures, as aforesaid.
14. That since the defendants had caused the execution of the said will
on against the wish and will of the deceased, he corrected the
same by making and executing a fresh but last will as a legal and
valid will, on , in favour of the present plaintiffs only as the
beneficiaries of the said deceased.
15. That the defendants also attempted to prepare and produce a bogus
will showing to have been made and executed as on and by
such a bogus will, the defendants have tried to prepare a false record to show that they are also
entitled to claim shares in the suit properties to which they were not and shall never be entitled to
claim anything.
16. That the plaintiffs for himself and other plaintiffs do hereby declare
and affirm that the said will made and executed by the deceased on
. being legal, valid and the last will enforceable at law, the present
plaintiffs are the exclusive beneficiaries and, hence, the owners of the suit properties described in
paras 1 (A) and 1 (B) of the plaintiff, and also tenants-in-common in respect of the tenanted
premises described in para 1 (C) of the plaint.
17. That the revenue authorities have entered in the record of rights the names of the plaintiffs
as well as the defendants subject to the final decision given by the civil court in respect of the
disputed wills, dated and
18. That being aggrieved by the decision of the revenue authorities, the present plaintiffs are
constrained to file the present suit against the
250 Legal Drafting
defendants for declaration and injunction in respect of the will
lawfully made and executed by the said deceased, the Late Shri
DMS, on
19. That the written statement filed by the defendant No. 8 is relevant, and by the same, the
defendant No. 8 clearly admitted the fact of causing the said will on to be unlawful and illegal,
too.
20. That the contents of the written statement filed on behalf of the defendant Nos. 1 to 7 and
defendant No. 9 are false and denied by the plaintiff categorically and in to to.
21. That all the contents of the plaint filed by the plaintiffs are true and correct.
22. That all the documents filed by the plaintiffs be exhibited and read in evidence.
23. That taking into consideration this factual and legal position, the plaintiffs pray that the suit
of the plaintiffs be kindly allowed and decreed in favour of the plaintiffs with costs, and injunction
orders against the defendants as prayed for be kindly passed.
WHATEVER stated above in paras 1 to 23 is true and correct to the

this _ day of 200_.
Sd/-PLAINTIFF NO. 2 FOR THE PLAINTIFFS
I know the Plaintiff No. 2
Sd/-xXx ADVOCATE FOR PLAINTIFFS
Legal Drafting 251
57. AN APPLICATION FOR ADJOURNMENT
AT PUNE
Civil Suit No. 610/2003
Shri _. M _. K __.D __. _ Plaintiff
Vs
Shri _. S _. T _.D _. _ Defendant
AN APPLICATION FOR ADJOURNMENT
The defendant abovenaiiied submits this application praying to state as under :
1. That the plaintiff has filed the present against this defendant for declaration and temporary
injunction.
2. That the defendant has already submitted his written statement to the said plaint.
3. That the said matter has today, the _. day of 200_ been fixed for
recording the evidence of this defendant.
4. That, however, since has met an accident on . 2003, and still
bed-ridden, it will not be possible for the defendant to remain in this Hon'ble Court today as well as
during the next one fortnight.
5. That in the circumstances, it is prayed that the matter may kindly
be postponed to the next suitable date.
Pune,
Sd/-xXx
Dated : . ADVOCATE FOR THE DEFENDANT

252 Legal Drafting
58. AN APPLICATION FOR ISSUE OF SUMMONS TO WITNESS
AT PUNE
Reg. Civil Suit No. 1050/2003
Shri _ I _ S _D _ _ Plaintiff
Vs
Shri _ P _ C __0 _ _ Defendant
AN APPLICATION FOR ISSUE OF SUMMONS TO WITNESS
The plaintiff abovenamed submits this application praying to state as under :
1. That the plaintiff has filed the present suit against the defendant for specific performance
and temporary injunction.
2. That even though in the beginning, this Hon'ble Court was pleased to issue summons to the
concerned witnesses.
3. That in spite of issuing necessary summons to the witnesses in the matter, it appears that
the defendant has managed not to be served with the said summons, and hence, this application.
4. That the plaintiff submits that the plaintiff had already a list of witnesses, who would given
very important evidence in respect of the said matter.
5. That the plaintiff also submits that those witnesses are very important witnesses, and they
be, therefore, directed with them the all the agreements, which were registered then and there.
6. That the plaintiff, therefore, prays that this application be kindly granted and orders passed
to issue summons to all the witnesses already listed by the plaintiff.
Pune. Sd/- ISD
PLAINTIFF
Dated :
Advocate for the Plaintiff
Legal Drafting 253

AFFIDAVIT
I, Shri ISD, the present plaintiff, do hereby state on solemn affirmation as follows :
1. That the plaintiff has filed the present suit against the defendant for specific performance
and temporary injunction.
2. That even though in the beginning, this Hon'ble Court was pleased to issue summons to the
concerned witnesses.
3. That in spite of issuing necessary summons to the witnesses in the matter, it appears that
the defendant has managed not to be served the said summons, and hence, this application.
4. That the plaintiff also submits that those witnesses are very important witnesses, and they
be, therefore, directed with them the all the agreements, which were registered then and there.
knowledge and belief, so I have signed hereunder at Pune this .day of
_200
Sd/- ISD PLAINTIFF
254
59. A SUIT FOR CANCELLATION OF INSTRUMENT
AT PUNE
Civil Suit No. _/200_
Shri _. R _. A _. G _.,
age 43 years, occupation - service, ) Plaintiff
resident of 222 Budhwar Peth,
PUNE 411 002.
Versus
. Shri A J N_.,
. Shri D A N

Shri V A G __, ) Defendants
. Smt. G V G
all residents of Alandi, Taluka Khed,
District Pune.
A SUIT FOR CANCELLATION OF THE INSTRUMENT
The plaintiff abovenamed submits this plaint, praying to state as
follows :
1. Description of Property : All that pieces and parcels of land situate within the Registration Division
& District Pune, Sub-Division & Taluka Khed, within the local limits of the Pune Zilla Parishad,
revenue village Alandi, bearing S. Nos. 999 and 1000, totally admeasuring 12 hectares or
thereabouts.
Legal Drafting 255
AJN (Defendant No. 1)
RAG DAG GVG
(Plaintiff) (Defendant No. 2) (Defendant No. 3)
VAG (Defendant No. 4)
That the defendant No. 1 is the father of the plaintiff and the defendant Nos. 2 and 3, while the
defendant No. 2 and the plaintiff are the real brothers and the defendant No. 3 is their sister, while
the defendant No. 4 is the husband of the defendant No. 3 and the son-in-law of the defendant No.
1.
3. That the properties described in para 1 above along with other properties were and are
ancestral properties of the Hindu joint family consisting of the plaintiff and the defendant Nos. land.
The defendant No. 1 has two sons, namely the present plaintiff and the defendant No. 2, and three
daughters, namely Smt. MNJ, Smt. PMM and Smt. the defendant No. 3.
4. That the daughters are married long back, and they are not dependent on the family, nor are
they the members of the family.
5. That the defendant No. 1 is an old man deriving a large income from the family properties
and he does not have any need for any additional money. The defendant No. 2 is a teacher and
earning sufficiently for his own maintenance.
6. That, however, the defendants unnecessarily developed enmity towards the plaintiff.
7. That taking the benefit of the fact that since the plaintiff is in the employment of the
Government of Maharashtra working as a Deputy Engineer, he is required to stay away from the
village, and he is not in a position to restrict and control the day-to-day acts of the
256 Legal Drafting
defendants, the defendant No. 1, at the instigation of the defendant Nos. 2, 3 and 4, started
planning the things in such a manner that the plaintiff should be deprived of his legitimate share in
the family properties.
8. That as a part and parcel of their plan, long back in 1990, the
defendant No. 1 sold the property bearing Survey Nos. 999 and 1000
totally admeasuring 12, Hectares. Though there was no legal
necessity or the benefit of estate. This transaction itself was illegal
and invalid, too. However, when the plaintiff made enquiries with
the defendants, they promised that this area would be adjusted
against the shares of the defendant Nos. 1 and 2. However, the
second step of the said scheme was taken by the defendant No. 1 on
when the defendant No. 1 sold the suit lands to the defendant
No. 3, on , for a sum of Rs. 25,000/-, and the said sale-deed
is registered with the office of the Sub-Registrar, Rajgurunagar, at Sr. No. 555, and a xeroxed copy of
the Index thereof is annexed.
9. That it is the contention of this plaintiff that the said lands are rich in quality and fertile, and
the market price of the land would not be less than Rs. 1,25,000/-. Besides, after taking into account
the value of the two wells and the trees therein, the total value of the said properties would be
more than Rs. 2,00,000/-.
10. That from the said transaction, it is evident that the amount of Rs. 25,000/- shown on the
sale-deed appears to be a concocted thing, and it must be just to put up a show of the sale, while, in
fact, just to defeat the right of the plaintiff. The property has been assigned by the defendant No. 1,
at the instigation of the defendant No. 2, to his son-in-law and daughter, and, thus, the said
transaction is fraudulent and null and void. However, even if the Hon'ble Court were to the
conclusion that the transaction is valid, it cannot have the effect of conveying the plaintiffs l/3rd
undivided interest in the said properties.
11. That the said transaction, dated However, the plaintiff learnt
about it only on or about and then, he made personal enquiries
on However, they gave false replies, and hence, this suit.
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12. That the cause of action for this suit first arose on -, when the
sale-deed came to be executed, and hence, the suit filed today is well within the time.
13. That the property is situate as well as the parties reside within the local limits of the
jurisdiction of this court, and hence, this Hon'ble Court has jurisdiction to try and decide this suit.
14. That the suit is valued for the properties and jurisdiction and the amount against the
consideration of Rs. 2,00,000/-, and the proper court-fee is paid herewith. In addition to the same,
for the relief and declaration, a further court-fee of Rs. 300/- is paid herewith.
(A) It be decided that the sale-deed, dated , registered with
the office of the Sub-Registrar, Khed, at Sr. No. 555, is null and void and inoperative, and the same
be called for and cancelled;
(B) The plaintiff alternatively prays that, if the Hon'ble Court comes to the conclusion that the
sale-deed is not void, the plaintiff claims that it be declared that the said sale-deed is not binding on
the plaintiffs 1 /3rd share in the said properties;
(C) The plaintiff be paid his costs from the defendants; and
Pune, Sd/- RAG
PLAINTIFF
Dated :
Sd/-xXX ADVOCATE FOR PLAINTIFF
VERIFICATION
I, Shri RAG, the present plaintiff, doe hereby state on solemn affirmation that the contents of this
plaint in paras 1 to 15 are true and correct to the best of my knowledge and belief, so I have signed
hereunder.
Sd/- RAG PLAINTIFF
258
60. A WRITTEN ARGUMENT
IN A REVISION APPLICATION FOR MAINTENANCE IN THE COURT OF THE SESSIONS JUDGE, PUNE.
Criminal Revision Application No. 109/2003
Shri R S R Applicant
(Original Opponent) Versus
Smt. S : R. R . Opponent
(Original Applicant)
A WRITTEN ARGUMENT ON BEHALF OF THE APPLICANT May it please your Honour -
The applicant abovenamed submits this argument, praying to state as follows :
1. The present criminal revision application is filed by the applicant against the judgment and
order of the Hon'ble Judicial Magistrate, First Class, Court No. 1, Pune, in Miscellaneous Application
No. 481/2001, passed on ___
2. That the Miscellaneous Application No. 481/2001 was filed by the opponent (original
applicant) u/s 125 of the Criminal Procedure Code for maintenance, and the Hon'ble Trial Court was
pleased to pass judgment and order, granting a monthly maintenance of Rs. 400/- and also the cost
of the application as Rs. 600/-.
3. That the marriage between the applicant and the opponent took
place on At Pune, and they stayed and cohabited together up to
the end of July
4. That in her application, the opponent alleged that the applicant ill-
treated the opponent amounting to cruelty and further that the
applicant entered to a second marriage with one, Miss Sonam, and
on the strength of such allegations, she contented that the present
applicant was not ready and willing to accept her as his wife and live
with her.
Legal Drafting 259
5. That4t is made abundantly clear during the depositions in the court
of law that the present applicant was and is ready and willing to
cohabit with the opponent and to accept her as his wife. Not only
this, but it is also revealed during the depositions in the court of law
that the opponent was always ill from the very beginning, as she was
suffering from Asthma, but this fact was never made known to this
applicant beforehand. Not only this, she again denied, in her notice-
reply sent on , through her advocate, Shri SMP, that the very fact
that she is an Asthmatic patient, and, on the contrary, she said that she has never been a patient of
Asthma, and that such a statement of the present applicant to that effect, as it were, was a
fabricated story on his part.
6. That it is an admitted fact that the present applicant incurred huge expenses on the medical
treatment of the opponent, and also took all possible care of her health during the period of her stay
with him for about nine years.
7. That with the sole intention to harass this applicant, the opponent filed a criminal complaint
bearing No. 1600/2002, in the court of the Judicial Magistrate, First Class, Pune, and also a complaint
to the superiors of the applicant.
8. That the said criminal complaint No. 1600/2002 was decided by the
Judicial Magistrate, First Class, Pune, on , and the present
applicant was acquitted for the fact that the complainant, who is the opponent in the present
revision application, never remained in the court for pursing her case, as the same was based false
grounds and that there was no substance in it.
9. That as a result of all such harassment, the present applicant had to file a criminal complaint
bearing No. 2400/2002 under section 500 of the Indian Penal Code against the opponent and her
parents who instigated her in committing such acts of defamation of the applicant. The said criminal
complaint is pending in the court of the Judicial Magistrate, Pune.
10. That the present applicant took special care of the ill health of the opponent, and for this, he
also did not accept the promotion to him
260 Legal Drafting
to a higher post, in the year ___, only for the fact that he was required to look after the opponent
personally.
11. That the Learned Trial Court misunderstood the very fact that it was
the opponent who sent a false notice-reply, dated , to the notice,
dated __, of the present applicant, who neither received nor
replied any notice from the opponent.
12. That the evidence of the applicant's witnesses : (i) Shri SNM, (ii) Shri KMT, and (hi) Shri DGC,
is a sheer piece of fabrication, for the reasons that there is a difference of twelve years between the
ages of the first witness and the present applicant, and they did not know each other on account of
their common school, as deposed by the said witness, because after passing out his SSC Examination
and joining his service in Pune, in 1985, the present applicant never stayed at Junnar and has all
along been in Pune only.
13. That all the depositions given by the witnesses are, therefore, completely disproved in the
court of law.
14; That during her depositions in the court of law, the opponent repeatedly admitted that this
applicant has no other source of income.
15. That this applicant always looked after the welfare of the opponent in all respects which is
clear from his nomination of the opponent and her sister for his provident fund.
16. That it is the opponent who purposely failed to cohabit with the applicant without any
bonafide cause and simply for the reason of strong instigation of her parents.
17. That the parents of the opponent also made a similar complaint against Shri JSG,, the
husband of the opponent's sister, to his superiors, and that her sister is also not cohabiting with her
husband, which proves the sole intention on the part of the parents of the opponent to instigate
their daughters.
18. That the second marriage of the applicant, as alleged by the opponent, is thoroughly a
fabricated story for which the opponent's father managed to bring such witnesses. Though the
second, Shri KMT, says that the applicant was residing in his building, he admits that
Legal Drafting 261
no rent receipts were issued. He further says that he saw the applicant at 9.00 a.m. The applicant is
throughout in the service at the Education Department, and also residing in its residential quarters.
His office Woking hours are from 10.30 a.m. to 5.30 p.m. Junnar is above 75 km away from Pune,
and, more importantly, the said witness has no building in Junnar which he could let out. He has,
however, a house for his own use. He also admits that he was not knowing the lady, or her name, or
her relation with the opponent, etc. - The opponent never stayed at Junnar after March 1985.
19. That as regards the first witness, Shri SNM, also, his statement about the second marriage
and his own description in that respect are all a sheer piece of fabrication. As per the customs and
usages in the Maratha and such other communities, no marriages are celebrated in temples. He says
that the said temple is about 1000 feet away from the road from where he claims to have witnessed
the ceremony. He also says that there was darkness, as the time was 6.30 p.m. The temple is
15'X15'. He did not, however, peep in. The temple has only door and closed from all sides. The door
has two feet breadth and the height is such that man is required to bend down and get into the
temple. Here also, he mentioned that he was returning from his land at that time. In fact, he has no
land in Junnar proper where he said to have been returning that evening.
20. That the third witness, Shri DGC is related to the applicant by blood. He just makes some
vague and irrelevant statements which have nothing to do with the actual case.
21. That, thus, all the witnesses are unauthentic and should have, therefore, been discarded
outright.
22. That the applicant being a Government servant cannot take up tuitions or such other private
work for earning any extra income.
23. That the witness, Shri VDJ, has clearly said in his deposition in the court of law that they are
on cross terms with the said Shri SNM, and they had also quarrels with him. He deposed that his
sister is sixteen years and is not married.
262 Legal Drafting
24. That in the judgment, the Learned Trial Court mentioned that the
applicant has taken a second wife/lady on __, while the statement
of the opponent also vary from time to time, namely May
June and July. This surely adds to nothing but results in
anachronism in arriving at a decision in the matter.
25. That Learned Trial Court rightly held that as regards the second marriage, the evidence is
scanty, and that this point assumes secondary importance. It has also been held that the opponent
has never seen such a second wife, etc. etc. This means that whatever the opponent says is all based
on hearsay. It is further admitted by the Learned Trial Court that the witness, Shri SNM, is aged 21
years, but he is still unable to give certain points of his information. When he is a fully grownup man
of 21 years, how could he commit such an ambiguity ? The fact is that he just gives out what he has
not seen and all such things which are sprouted from his own head and not from his brain.
26. That the Learned Trial Court adds that :the news of a marriage can never be hidden". Such a
logic on its part seems to be a new discovery in so far as its arriving at different dates and gap of
over
five months in between the earlier period, i.e. May and the last
date alleged, i.e. June
27. That the Learned Trial Court never considered the very important issue on the part of the
applicant that this present applicant was and is always ready and willing to live with the opponent.
He never refused to cohabit with her, and there was, thus, a total failure on the part of the
opponent to cohabit with the present applicant.
28. That for the reasons stated above, this applicant prays that the order of the Hon'ble Trial
Court, in Miscellaneous Application No. 1600/ 2002, be set aside, and the application of the
opponent (original applicant) may very kindly be dismissed with costs.
Pune, Sd/- xXX
ADVOCATE FOR APPLICANT
Dated : . (Original Opponent)
Legal Drafting 263
61. AN APPLICATION FOR THE STAY OF CIVIL PROCEEDINGS
IN THE COURT OF THE HON'BLE DISTRICT JUDGE AT PUNE
Civil Appeal No. 500/2006
Smt. Y S D & others ... Appellants
Versus
Shri P A D & others ... Respondents
AN APPLICATION FOR STAY The appellants abovenamed submit this application, praying to state as
follows :
1. That the appellants have filed the present appeal against the
judgement, order and decree passed on by the Hon'ble
VI Joint Civil Judge, Junior Division, Pune, in Regular Civil Suit No. 7/200.......
2. That the appellants had filed the said suit against the respondents for challenging the
legality and validity of the will, dated 11.11.1985, on the basis of which the respondents have raised
objection to the ownership and share of these appellants in the suit property.
3. That the appellants respectfully submit that since the suit filed the appellants has been
dismissed by the Learned Trial Court, the respondents may play a mischief with the suit property and
hence this application.
4. That the appellants are afraid that in the pursuit of such a dishonest intention on the part of
the respondents, they may try to sell, transfer and/or create charge, third party interest in respect of
the suit property, and hence, this application.
5. That the appellants also submit that if the respondents were to succeed in their malicious
plans and designs in disposing of or
264 Legal Drafting
creating any charge in respect of the suit property, the appellants would be subjected to suffer
irreparable loss and injury.
6. That the appellants also submit that this Hon'ble Court will take its own time in passing the
final orders in the matter, and hence, the appellants deserve sympathetic consideration.
7. That the appellants also furthermore submit that if the respondents were to succeed in their
plans, as aforesaid, the orders, when passed by this Hon'ble Court, would be rendered infructuous,
and hence it will be in the interest of justice to stay the execution of the orders passed by the
Learned Lower Court in Regular Civil Suit No.7/200....
9. That the appellants, therefore, pray that during the pendency of
this appeal, the orders, dated passed by the VI Joint Civil
Judge, Junior Division, Pune, in Regular Civil Suit No. 7/200..., be kindly stayed.
[ ...YSD... ]
Pune, APPELLANT No. 1
Dated :
ADVOCATE FOR THE APPELLANTS
VERIFICATION
I, Smt. Y.....S.....D, the appellant No. 1, do hereby state on solemn
affirmation that the contents of this application in paras 1 to 9 are true
and correct to the best of my knowledge and belief and so I have signed
hereunder at Pune this day of 200

[ ...YSD...] APPELLANT NO. 1
Legal Drafting 265
62. AN APPLICATION FOR STAY
IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION, INDAPUR
AT INDAPUR
Regular Civil Suit No. 500/2006
Shri D N.....K.....& others ... Plaintiffs
Versus
Shri T A.....M.....& others ... Defendants
AN APPLICATION FOR STAY The plaintiffs abovenamed submits this application for stay, praying to
state as follows :
1. That the plaintiffs have filed the present regular civil suit against the defendants.
2. That though the plaintiffs are in possession, the defendants are trying to take undue
advantage of the false entries, they have procured in the record of rights and which are the subject-
matter of RTS enquiries, and if the defendants succeed in wrongful dispossession, these plaintiffs
would suffer irreparable loss and damage, and the balance of convenience is wholly in favour of the
plaintiffs.
4. That the plaintiffs, therefore, pray that during the pendency of this suit, an ad interim
injunction restraining the defendants from obstructing or interfering with the plaintiffs' possession
and enjoyment of the suit property be issued against the defendants.
5. That an affidavit in support hereof is furnished herewith.
Indapur, ADVOCATE FOR
THE PLAINTIFFS
Dated :
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267
PART - IV
CRIMINAL PLEADINGS
Legal Drafting 269
63. CRIMINAL COMPLAINT
As defined in section 2 (d) of the Criminal Procedure Code, Complaint means any allegation made
orally or in writing to a magistrate, with a view to his taking action under this Code, that some
person, whether known or unknown, has committed an offence, but does not include a police
report.
Important Sections of the Indian Penal Code
34 _ Common Intention
109 _ Abetment
120-B _ Criminal Conspiracy
147 _ Unlawful Assembly
323 _ Hurt - Simple
324 _ Hurt - with a deadly weapon
325 _ Grievous Hurt
326 _ Grievous Hurt with a deadly weapon
352 _ Assault
363 _ Kidnapping
379 _ Theft
392 _ Robbery
395 _ Dacoity
409 _ Criminal Breach of Trust

420 _ Cheating
426 _ Mischief ,
447 _ Criminal Trespass
467 _ Forgery
494 _ Bigamy
498-A _ Subjecting Married Women to Cruelty
500 _ Defamation
504 _ Insult
506 Criminal Intimidation
Very Important Section of the Negotiable Instruments Act
270 Legal Drafting
Section 138. Dishonour of Cheque
-1. In fact, it is the duty of the State to maintain law and order in the State. No citizen should be
required either to go to a police station or chowkey or criminal court of law for asserting his right,
but on account of innumerable reasons, the situation is such that it is the need of today that even
for criminal justice. One has to approach only criminal courts by filing private complaints.
2. The police machinery should act with a more responsibility for a simple reason that, had the
police machinery in India been endowed with calibre, integrity, character and ability, many a change
in today's law was uncalled for. Without more restraints, when the police machinery is proving to be
irresponsible and malicious with more liberty, what it will do is not a matter of guess.
3. Corruption is an accepted way of life in India.
RIGHTS OF AN ACCUSED :
1. The law presumes that an accused is innocent until he or she is proved guilty.
2. A person arrested shall be produced before a magistrate within 24 hours.
3. The accused has a right to get medically examined.
4. An accused cannot be cross-examined, but he/she can cross-examine others.
5. An accused has a right to fair and speedy trial. If he cannot afford a lawyer, the Government
must provide him a lawyer.
6. Hand-cuffs cannot be used unless the accused is of a dangerous character. If hand-cuffs are
used, the police must explain the reason to the magistrate.
271
64. CRIMINAL COMPLAINT U/SS 323, 324, 504 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (COURT NO. 2), PUNE AT PUNE
Criminal Complaint No. _../200_
Complainant
Shri _ D _ M _ K _, age 35 years, occupation - service, resident of 1000 Kasba Peth, PUNE 411 011.
Versus
1. Shri_B__J_P
Accused
2. Shri _ S _ B _ P _,
both residents of 1050 Kasba Peth,
PUNE 411 011.
A COMPLAINT U/SS 323, 324, 504 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
The complainant abovenamed submits this complaint, praying to state as follows :
1. That the complainant is a resident of the withinmentioned address, and the said house
property is owned by the accused No. 1 and let out to this complainant as a monthly tenant.
2. That the complainant is a Government servant, peace-lover and law-abiding citizen.
3. That in the month of 200_, the accused No. 1 called upon this
complainant to vacate the said premises within a week or so.
272 Legal Drafting
4. That since this complainant did not vacate the said premises, the
accused No. 1 then again on , the son of the accused No. 1, i.e.
the accused No. 2, came to the complainant and threatened him of
the dire consequences, if the complainant, if the complainant were

to fail or avoid to vacate the said premises before the end of 200
5. That the complainant submits that he did not vacate the said premises, and he was not
legally bound to do so.
6. That then, on- , at 6.30 p.m., when this complainant had been
returning from his office to his residence, while he was entering the said premises, both the accused
accosted the complainant and started abusing him in a dirty arid filthy language, and even though
the complainant tried to convince and tell them that what they were doing was all illegal, both the
accused attacked the complainant and gave him a number of blows with fists, and lastly the accused
No. 2 gave a severe blow with a cudgel/staff/ stick in his hand on the forehead of this complainant
and thereby caused a serious injury to the complainant, and the complainant had also become
unconscious.
7. That when the people staying in the neighbourhood gathered there, the accused stopped
beating and they both went away, announcing and pronouncing a threat that if the complainant
were to fail to vacate the said premises within a couple of days, he would be killed, and hence, this
complaint.
8. That the cause of action for this complaint first arose on and
the same has since then been every day thereafter, and hence, this complaint filed today is well
within limitation.
9. That the offence has been committed within the local limits of the jurisdiction of this Court,
and hence, this Hon'ble Court has jurisdiction to try and decide this complaint.
11. That the complainant, therefore, prays that the accused be kindly charged with and tried for
the offence punishable u/ss 323, 324, 504
Legal Drafting 273
and 506 R/W Sec. 34 of the Indian Penal Code and punished according to law.
Pune, Sd/- DMK
COMPLAINANT
Dated : .
Sd/- x X x ADVOCATE FOR COMPLAINANT
VERIFICATION
I, Shri DMK, the present complainant, do hereby state on solemn affirmation that the contents of
this complaint in paras 1 to 11 are true and correct to the best of my knowledge and belief, and so I
Sd/- DMK COMPLAINANT
274 Legal Drafting
65. CRIMINAL COMPLAINT U/SS 323 & 504 R/W SEC. 34 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,
KHADKI AT KHADKI
_/200_
Complainant
Accused
3.
Criminal Complaint No
Shri _ B _ B _ K
age 30 years, occupation - service, resident of 100 Shitolenagar, Sangavi, PUNE 411 027.
Versus
Shri _ K _ V _ A _,
Smt. _ A _ B _ K _,
Shri _ D _ K _ A
Shri _ S _ K _ A
age 25 years, occupation - education,
all residents of Yeli, Taluka Pathardi,

District Ahmednagar.
A COMPLAINT U/SS 323 & 504 R/W SEC. 34 OF THE INDIAN PENAL CODE
1. That the complainant is a resident of the withinmentioned address, and the accused No. 2 is
his legally wedded wife, while the accused No. 1 is her father and the accused Nos! 3 and 4 are her
brothers.
2. That the complainant is originally a resident of the village Yeli, Taluka Pathardi, District
Ahmednagar.
Legal Drafting 275
3. That on account of his service inthe Bajaj Tempo Limited, Chinchwad, Pune, the complainant
has presently been residing at the withinmentioned address for the last five years.
4. That the complainant was married to the accused No. 2 in the year 199__ , and they
have a son of about three years.
5. That due to some misunderstanding on the part of the accused No. 2 and at the instance of
the accused Nos. 1, 3 and 4, the accused No. 2 has not been cohabiting with the complainant for the
two years, and during this period, she has all along been residing with the accused No. 1 only.
6. That despite several requests and a lot of persuasion made by this complainant, his parents
and also reconciliation tried by the relatives-in-common, the accused No. 2 has never turned up to
cohabit with the complainant and has also wittingly and willingly refused to cohabit for no fault on
the part of the complainant.
7. That in the mean time, instead of responding to the requests and appeals repeatedly made
by this complainant with a view to restoring back the normalcy of his domesticity with the accused
No. 2, the accused No. 2 has filed a maintenance application in the Pathardi Court, and the same has
since then been pending in that court of law.
8. That even though the said case between the complainant and the accused No. 2 is already
subjudice, all the accused on their own pursued the complainant upto Pune and thereby committed
the following offence.
9. That on Sunday, the of 200 when the complainant
returned from his duty in the evening, got down from his company-bus near the Khadki Station, all
of a sudden, he happened to confront the accused near the Excelsior Talkies where the accused
accosted him.
10. That the accused asked this complainant that he should be ready
and willing to pay a sump sum of Rs. 1,00,000/- towards the
maintenance of the accused No. 2, to which the complainant did not
agree, and when the complainant particularly pointed out about the
££f/ Legal Drafting
pending court-case, the accused threatened that if the complainant were to show his readiness and
willingness before the court of law to cohabit with the accused No. 2, they shall undo what they
please, and, at the same time, the accused Nos. 1, 3 and 4 gave blows on the person of the
complainant and kicked him down on the ground, and while the other accused were beating the
complainant, the accused No. 2 was standing nearby shouting and abusing the complainant.
That the complainant was injured, and, when with the help of the passers-by, he tried to stand up,
all the accused had already been disappeared.
That the complainant was very much ashamed of himself when such a public scene was created by
the accused, and he was, thus, tortured by the accused physically and mentally to a great extent,
and since then, the complainant apprehends that the accused may cause danger or commit hurt to
the complainant in future also. That the complainant also made a complaint-application to the
Khadki Bazaar Police Chowkey, with a request to give him necessary help and protection, which the
police did.
That the accused have, thus, committed an offence u/ss 323 and 504 R/W Sec. 34 of the Indian Penal
Code within the local limits of the jurisdiction of this court, and hence, this Hon'ble Court has right
and jurisdiction to try this complaint and punish the accused.
That the cause of action for this complaint first arose on , and
within limitation.
That the offence has been committed within the local limits of the. jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this complaint.
Legal Drafting 277
18. That the complainant, therefore, prays that the accused be charged with and tried for the
offence punishable u/ss 323 and 504 R/W Sec. 34 of the Indian Penal Code and punished according
to law.
Pune, Sd/- BBK
COMPLAINANT
Dated :
Sd/- xXx ADVOCATE FOR COMPLAINANT
VERIFICATION
■I, Shri BBK, the present complainant, do hereby state on solemn affirmation that the contents of
Sd/- BBK COMPLAINANT
278 Legal Drafting
66. CRIMINAL COMPLAINT U/S 498-A R/W SEC. 34 OF THE INDIAN PENAL CODE
HIGHLIGHTS
1. Marriage is a sacrament in Hinduism and other major religions.
2. When a man and a woman get married, it is understood that they would live together and
share the conjugal bed.
3. Manu : "Neither by sale, nor by desertion, can a wife be released from her husband".
4. According to the Indian Horoscope, there is no concept of Two Husbands, because it

amounts to immorality; but the concept of Two Wives is not uncommon.
5. It is said that "Bad sons are many, but there has never been a bad mother". However, bad
husbands are too many, but bad wives are very few.
6. Husbands and in-laws are sinned more than their actual sinning.
7. Newly married women are sensitive - sometimes ultra sensitive, but they are not always
sensible. They have fallacious and misleading ideas, and sometimes, they are at a hallucinating stage.
8. Section 498-A is a stock weapon against the in-laws.
9. The in-laws and obsessed with their own ideas, and they decline to listen to good sense. If a
person is obsessed with one idea, he says good bye to his own common sense and loses touch with
reality.
10. An Indian woman is a One-Man Type, while an Indian man a Many-Women-Type.
REQUIREMENT OF SECTION 498-A :
11. Shaw : "The Law of Change is the Law of God".
12. Tennyson : "Old order changeth yielding place to new, Lest one good custom should corrupt
the world".
13. The old traditions, though good, are outworn, outmoded and outdated, but clock cannot be
set back.
Legal Drafting 279
THE OPERATION SEC. 498-A
Marriage may be a social contract, but family is not. Family is neither an agreement, nor a contract,
neither a partnership, nor a proprietorship, neither a private limited company, nor a public limited
company, but it is by all means and in all respects a union for unlimited private company. Marriage is
a sacrament in Hinduism and other major religions. Besides the other objects, it should be first and
last remembered that when a man and a woman get married, it is presumed that they would live
together and share the conjugal bed.
Manu's rule of law that neither by sale, nor by desertion can a wife be released from, her husbandis
not so untrue, and even today. In many cases, we find that as regards new marriages, the in-laws are
obsessed with their own ideas, and they decline to listen to good sense. It is true that if a person is
obsessed with one idea, he says good bye to his own common sense and very often loses touch with
reality. In Indian horoscope, there is no concept of two husbands, for as per the unwritten principles
of Hinduism, such a thought amounts to immorality. If an astrologer were dare to predict such a case
of astrology, I am afraid, he would not be spared, but if he predicts a case of two wives for a young
boy, perhaps he would be better rewarded on the spot. Swami Shankaracharya rightly said that bad
sons are many, but there has never been a bad mother. However, bad husbands are too many, but
bad wives are very few.
The matrimony necessarily presupposes the acceptance of an idea of a family which in turn
presupposes sharing the incomes, facilities and comforts by a group of people. If looked into it from
this point of view, the family itself would mean that each of the persons is sacrificing something for
the sake of others. This mutual sacrifice or mutual suffering was the basis of the concept of a family
and, therefore, leadership in the family was also necessarily and consequentially recognised.
Whether patriarchal or matriarchal systems those ultimately were resting on the fundamental idea
of leadership. Therefore, in a family, someone was considered to be entitled to have an authority to
decide as to what others should or should not do as well as to control and regulate the acts and
activities of others. These restrictions or limitations were to be accepted by others in lieu of the
leader
280 Legal Drafting
or controlling person providing protection, opportunities, facilities and guidance to them. This was
then not a division of power or a division of labour but promotion of mutual interests. The promoter
did it our of natural love and affection, and the pro mo tee too accepted it out of trust, natural love
and affection, and hence,, it obviously could not be a thing that can every now and then be judged
by a yardstick of dry logic and hence could hardly be regulated by the provisions of law.
It was for this reason that the family affairs as far as possible were kept away from law, or in other
and better words, law was not allowed to poke its nose into the family affairs, and justifiably so,
because the worldly considerations of profit and loss and rights and duties were not the sufficient
explanations for bringing up children by the parents or looking after the old-age parents by the
children or protection of a spouse by a spouse. This background has given rise to what was known as
the family privileges which justify those acts in the nature of chastisement of a child which otherwise
would have been torts or crimes. Those also were in the nature and form of matrimonial privileges
by which legal interference between the spouses was barred. So, the grievance of a spouse about ill-
treatment or even manhandling was ignored until they had decided to terminate their matrimony,
and hence, such acts did not amount to torts or crimes giving rise to the cause of action for a
matrimonial relief. This had helped the society in the past to a great extent, because if a spouse
were to continue to cohabit and yet to initialise criminal actions for the insults and simple hurts here
and there, it in effect would eradicate the smooth family relationships.
But with the decline of the strength of the bonds of family relations, the mutual suffering, mutual
affections, mutual sacrifice and protection had given way to personal egotism, and the people with
liberty having become more and more right-conscious had started throwing every possible
limi¬tation without going into the objects of such limitations. To add to this, the fast moments in
individual life were caused by industrial evolution as a result of which the family system has already
broken down, and the family of collaterals has become a thing of the past. The parents and the in-
laws are already outlawed, and today's residue of the original notion of
Legal Drafting 281
the family is only spouses and their minor children. Perhaps, this exclusion of elders left the young
spouses in their exclusive company for all the time, and at this background, the abovementioned
factors were acting more sharply. In some of the cases, the habits and vices of the husbands, in
general, played a worse role, and as the cumulative effect of all this, the torture of wives in some of
the cases was brutal, while in some other cases, the ultra sensitiveness of the wives made the
matrimonial privileges to sound barbaric.
This started the movement of the world war - whether called as the women's lib or any other name,
but that being a reaction in itself was always militant in nature. This militance has become a social
movement and the demand for restrictions on the erring husbands' actions made by women
collectively in the era of a rule of votes rather than a rule of philosophy required the legislature to
resort to the legislation of Section 498-A of the Indian Penal Code. This provision has now made it
possible for a wronged wife to assert her rights and at the same time to bring her in-laws to book.
The provision has also made it possible for the wronged women to put the law in motion at such a
speed that more attention is attracted by these cases of the investigation machinery than even the
cases of homicides. To this extent, it is good that justice has been done to them. However, the study
and analysis of a number of medico legal cases show and suggest that wherever matrimony would
not go all right for one or the other reason, the stock weapon would be Section 498-A, and even
though such a legal provision has become a boon to the newly married women, it has
simultaneously been proving to be a bane for the innocent in-laws. Even in those cases where some
fault does lie on the side of the wife or her parents or where those were the cases of mutual
disliking, the wife actuated by malicious motives of harassing and torturing hr in-laws does resort to
Section 498-A. The old principle that law should be very slow while dealing with family matters has
been totally traversed, and today in the 498-A matters, the police machinery is more active than in
homicides. Without any verification of the facts to a satisfactory degree, arrests are made, and
newspaper publicity takes the matters to such an extent that every such action makes the
restoration of or reconciliation in matrimony impossible. This is bound to cause further disruption of
family relations
282 Legal Drafting
even between spouses and is likely to require a reasonable and anticipating person to choose even
for relationship of contract marriages or extra¬marital relations.
Justification of the provision of Section 498-A cannot be made by saying that the police machinery
should act with a more responsibility for a simple reason that, had the police machinery in India
been endowed with calibre, integrity, character and ability, many a change in today's law was
uncalled for, and, at least, Section 498-A was not at all essential. So without more • restraints when
the police machinery was proving to be irresponsible and malicious with more liberty, what it will do
is not a matter of guess.
In today's world of disintegrating societies, failing moral standards and loss of characters, society will
have to be strengthened the family with a live social understanding, which is possible only by
strengthening the family system. Therefore, the better use of the medico legal facilities at the hands
of magistracy without giving a free hand to the executive is the need of time. Otherwise, the gain is
much less by doing one thing than the loss by the other.
Indian sociologists have started to think that since Section 498-A is having more anti-social effects
than the fulfilment of its objects, it is required to be removed from the statute books. Despite all
these defects, we have to accept that the old traditions, though good, are outworn, outmoded and
outdated, but clock cannot be set back and hence its requirement can be justified for the very
reason that as Shaw said, "The Law of Change is the Law of God". It is further suggested by
Tennyson, who adds that "Old order changes yielding place to new, lest one good custom should
corrupt the world".
While considering the major demerits of the provision of Section 498-A, it should be borne in mind
that many times, the newly married women are sensitive or sometimes ultra-sensitive, but they are
not always sen¬sible. They have some fallacious and misleading ideas, and very often, they are
found to be at a hallucinating stage. In such cases, the husbands and the in-laws are sinned more
than their actual sinning, and Section 498-A in one sense or the other has nowadays become a stock
weapon against the in-laws. However, we can all unanimously agree that this already amended
section should be further amended.
Legal Drafting 283

CRIMINAL COMPLAINT U/S 498-A R/W SEC. 34 OF THE INDIAN
PENAL CODE
Criminal Complaint No. ./200_
Complainant
Smt. _ S _ A _ D__, age 25 years, occupation - service, resident of C/o Shri DAD, 75 Kasba Peth, PUNE
411 Oil.
Versus
Accused
1. Shri_M _ A_ D __, age 30 years, occupation - business,
2. Smt. _ B _ A _ D _, age 55 years, occupation - household, both residents of 150 Aundhgaon,

PUNE 411 007.
A COMPLAINT U/S 498-A R/W SEC. 34 OF THE INDIAN PENAL CODE The complainant abovenamed
submits this complaint, praying to state as follows :
1. That the complainant is the legally wedded wife of the accused No. 1, and the accused No. 2
is the mother of the latter.
2. That the complainant was married to the accused No. 1 at Pune on according to the
3. That before the marriage, the complainant was known by her maiden name as Kumari
Komal.
4. That in the celebration of the said marriage, the parents of this complainant did everything
without requiring the accused to spend anything on any account, and even though the father of this
complainant is from mediocrity, all the customary gifts and presents were given to the accused and
their near relations.
284 Legal Drafting
5. That since the complainant had been in Government service, she had her own savings, and
after the marriage, she had kept the same for herself at her matrimonial home.
6. That on the second day immediately after the marriage, when the complainant and the
accused No. 1 had been Mahableshwar for honeymoon, this complainant was shocked to know and
accept it as a truth that the accused No. 1 is alcoholic, and he is a man of many vices.
7. That when, after return from Mahableshwar, this complainant complained to the accused
No. 2 about the misbehaviour on the part of the accused No. 1, she paid no heed to the same, and it
took no time for this complainant to realise that the accused No. 1 being the only son and scion of
her in-laws, the accused No. 2 cosseted him like anything and further that the accused No. 2 would
not allow this complainant to say anything against him or both of them.
8. That whenever the complainant tried to open her month about the indifferent attitude and
misbehaviour on the part of the accused No. 1, both the accused to ill-treat the complainant and the
accused No. 1 with common intention of the accused No. 2 had been creating heavy mental tensions
and subjecting this complainant to suffer excruciating mental and phy&ical tortures and misery for
no fault of hers.
9. That the accused did not allow this complainant to go to her parents', and on many
occasions, this complainant was starved by them, and she was also not allowed to talk to
neighbours.
10. That it is respectfully submitted for the kind information of this Hon'ble Court that this
complainant and her parents tried their best to improve upon the misbehaviour of the accused No. 1
by requesting the accused No. 2 to do something with a view to bringing about, at least, some
improvement, but unfortunately, nothing of this sort could happen, and both the accused, instead of
responding positively, started to behave still differently and ultimately reached a loose end of their
future.
Legal Drafting 285
11. That this complainant also submits that she being educated, cultured and of a respectable
clan, she has made all sincere, devout and fervent efforts in this respect, but she is so unfortunate
that she has come to the final conclusion that now nothing could be done in the matter.
12. That on _.. and _.. 200_, this complainant was confined to a dark cell in the house, and she
was given no food and even no water, and the accused had not only beaten the complainant up but
also subjected her to mental as well as physical cruelty in an inhuman manner.
13. That since it has become totally and practically difficult for this complainant to stay on
further with the accused, she was compelled to go to her parents' and stay there against her and
also their wish.
14. That the cause of action for this complaint first arose on , and
within limitation.

the offence punishable u/s 498-A R/W Sec. 34 of the Indian Penal Code and punished according to
law.
Pune, Sd/- SAD
COMPLAINANT
Dated : .
VERIFICATION
I, Smt. SAD, the present complainant, do hereby state on solemn affirmation that the contents of
Sd/- SAD COMPLAINANT
286 Legal Drafting
67. CRIMINAL COMPLAINT U/S 494 R/W SEC. 34 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (ANTI-CORRUPTION COURT), PUNE AT
PUNE
Accused
Criminal Complaint No. _../200_ Complainant
Smt. _ D _ A _ S
age 25 years, occupation - service, resident of C/o Shri DAD, 175 Kothrud, PUNE 411 029.
Versus
Shri _ D _ A _ M
Smt. _ D _ A _ B
Smt. _ D _ A R ,
age 20 years, occupation - education, all residents of 320 Erandwana, PUNE 411 004.
A COMPLAINT U/S 494 R/W SEC. 34 OF THE INDIAN PENAL CODE
1. That the complainant is the legally wedded wife of the accused No. 1, while the accused No.
2 is the mother and the accused No. 3 is the second wife of the accused No. 1.
2. That the complainant was married to the accused No. 1 at Pune on according to the
3. That before the marriage, the complainant was known by her maiden name as Kumari Lata,
and likewise, the accused No. 3, before this second marriage, was also known by her maiden name
as Pata.
Legal Drafting 287
4. That after the marriage, the complainant and the accused No. 1 cohabited together for
about three years. However, during the existence of their marriage, this complainant could not
beget a child, and hence, on that count, the accused Nos. 1 and 2 were nervous and unnecessarily
offended for no fault on the part of this complainant.
5. That this complainant submits that last year, in the month of June, the accused No. 1 told
this complainant that she should better go to her parents', at least, for a few days for a medical
check-up, and under that pretext, she was sent to stay with her parents.
6. That, thereafter, the complainant No. 1 did not either come to take back for cohabitation,
nor allow her to do so, and thus, the accused No. 1 has deserted this complainant.
7. That this complainant learnt from very reliable sources that the
accused No. 1 is going to contract marriage on with the accused
No. 3 at the remote place near Katraj, and the ceremony was fixed to be carried out in a bungalow of
one, Shri XYZ.
8. That accordingly, this complainant lodged a report with the Sahakarnagar Police Station,
requesting them to help this complainant, and the police did try to do so, but they could not register
the offence committed by the accused for the reason that the venue of the marriage was changed.
9. That, however, this complainant could know the changed venue, and she collected all the
details with a view to registering the said offence.
10. That this complainant states and submit that the said second marriage between the accused
Nos. 1 and 3 was celebrated in the
Ganesh Mandir, one km away from Katraj, which took place on
at 6.00 p.m., and about 100 people were present for the said marriage.
11. That while celebrating the said marriage between the accused Nos. 1 and 3, all the religious
ceremonies and rites were performed.
hence, this complaint filed today is well within limitation.
288 Legal Drafting
the offence punishable u/s 494 R/W Sec. 34 of the Indian Penal Code and punished according to law.
Pune, Sd/- DAS
COMPLAINANT
Dated :
Sd/- xXx ADVOCATE FOR COMPLAINANT
VERIFICATION
I, Smt. DAS, the present complainant, do hereby state on solemn affirmation that the contents of
aaaa
Sd/- DAS COMPLAINANT
Legal Drafting 289
68. CRIMINAL COMPLAINT U/S 500 OF THE INDIAN PENAL CODE
DEFAMATION DEFAMATION & RIGHT OF PRIVACY :

1. Defamation is an attack on one's reputation/honour. A newspaper may publish a trick
photograph which shows one in an indecent posture; a short story writer may weave a piece around
one's private life, or a hostile neighbour may be phoning everyone to say that "you have trouble
with your husband". They are all liable for defamation. Alleging that a woman had attempted to
commit suicide; that she is seductress of other's husbands; is immodest; unchaste or queer; that she
is impotent or a drunkard - All these amount to defamation.
2. Section 500 of the Indian Penal Code says : "Whoever defames another shall be punished
with simple imprisonment for a term which may extend to two years, or with fine, or with both".
Sometimes, defamation is contained in ironical phrases or expressions. For instance, a man says,
"Monika is a loyal wife; she does not love her neighbour, Sanjay". If this is intended to mean that she
does love Sanjay, it would amount to defamation.
3. Censure in good faith by a person having lawful authority over another is not defamation. A
mother reproaching her daughter, a teacher scolding an unruly student, a judge censuring a witness
are within the exceptions. It is not defamation to comment in good faith on the public conduct of
public servants. It is called a fair comment.
DEFAMATION IN CIVIL LAW :
4. The aim of civil law is not to punish or imprison the guilty but to
compensate the person defamed. In civil law, defamation is the
"Publication of statement, which tends to lower a person in the
estimation of right-thinking members of the society generally, or
which tends to make them shun or avoid that person".
290 Legal Drafting
A CRIMINAL COMPLAINT U/S 500 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
Criminal Complaint No. /200_
Shri B_A_R
Complainant
age 45 years, occupation - service, resident of 777 Sadashiv Peth, PUNE 411 030.
Versus
Smt. _ R _ A _ B
Accused
age 35 years, occupation - service, Shri _ A _ B _ R _, age 40 years, occupation - service, both
residents of 555 Narayan Peth, PUNE 411 030.
A COMPLAINT U/SS 500 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
1. That the complainant has been in service of the Technical Education Department since the
last twentyfive years, and is, at present, working as an Assistant Professor of Mechanical Engineering
at the Government Polytechnic, Pune, for the last ten years.
2. That the accused No. 1, who is the first wife of the accused No. 2, is also in the service of the
said Technical Education Department and is now working as a Lecturer in Physics, while the accused
No.
Legal Drafting 291
2 is working as an Administrative Officer at the Sassoon General Hospitals, Pune.
3. That as a colleague of this complainant at the said institute, the accused No. 1 also used to
visit the residence of the complainant and his family occasionally and thereby developed domestic
intimacy with them.
4. That subsequently, when the accused No. 2 contracted a second marriage with one, Miss
Poonam, who is also working at the Sassoon General Hospitals, Puhe, as a Staff Nurse, the accused
No. 1 started to narrate to this complainant and other colleagues in their institute the new stories
and the indifferences then being developed between both the accused, and also unnecessarily
expected the complainant to take interest in the same and to do something on her behalf and in her
favour, but taking into consideration the very nature of such family affairs, the complainant refused
to interfere with the same and paid no heed to what the accused No. 1 was then saying to him,
which rightly or wrongly offended the accused No. 1, and this has resulted into difference of
opinions for no fault on the part of the complainant.
5. That as a result of such an indifferent behaviour on the part of the accused No. 1, she made
a false complaint to the Principal of the institute and also to the police, alleging that the complainant
teased her, and when there was an enquiry made in the matter, it was found that there was no
substance in the said complaint, and similar were the findings of the police investigation also.
6. That during the period of the last six months or so, the accused No. 1 with common
intention of the accused No. 2 wrote five anonymous letters to the complainant with intimidating
and obscene language to the effect that his ten-year old daughter will be kidnapped, raped and
murdered.
7. That the complainant accordingly reported the matter to the police, and from their
preliminary investigations, it was revealed that those anonymous letters have been written or
caused to be written by the
292 Legal Drafting
accused No. 1 with common intention and in league with the accused No. 2.
8. That on account of these threatening letters and false, fabricated, imaginary, baseless and
defamatory allegations made by the accused, the complainant and the whole of his family have been
defamed and are also under constant tensions and tortures, and they apprehend that the accused
may further indulge into such criminal activities and cause danger to the family of the complainant.
9. That this complainant also submits that all such illegal activities indulged into by the accused
have threatened the security of the family of this complainant as a whole, and hence, it has become
necessary for the complainant to book the accused and file this complaint against them.
has since then been arising every day thereafter, and hence, this complaint filed today is well within
limitation.
the offence punishable u/ss 500 & 506 R/W Sec. 34 of the Indian Penal Code and punished according
to law.
Pune, Sd/- BAR
COMPLAINANT
Dated :
VERIFICATION
I, Shri BAR, the present complainant, do hereby state on solemn affirmation that the contents of this
complaint in paras 1 to 13 are true and correct to the best of my knowledge and belief, and so I have
signed hereunder.
Sd/- BAR COMPLAINANT
293
69. CRIMINAL COMPLAINT U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT & SECTION 420 OF THE
INDIAN PENAL CODE
Criminal Complaint No. /200_
Shri _ S _ T _ D
resident of 1111 Kasba Peth,
PUNE 411 Oil.
Versus Shri _ I _ S _ D _, age 30 years, occupation - business, resident of 1050 Kasba Peth, PUNE 411
Oil.
Complainant
Accused
A COMPLAINT U/S 138 OF THE
NEGOTIABLE INSTRUMENTS ACT
& SECTION 420 OF
THE INDIAN PENAL CODE
1. That the complainant is a resident of the withinmentioned address, and he has been running
his business of hardware in the name and style as M/s STD Sales Corporation, Pune.
2. That the accused had been a customer of the complainant for the last ten years purchasing
goods from time to time.
3. That since there has been business relationship between the complainant and the accused
and also that the complainant could
294 Legal Drafting
repose faith in the accused, he used to accept the cheques issued by the accused against the
purchased by the accused.
4. That during the recent past, there have been various transactions between the complainant
and the accused as detailed below :
5. That the complainant submits and says that the abovementioned cheques were issued by
the accused at the time of delivery of goods and materials supplied to him by the complainant, with
an implied promise on the part of the accused that on the presentment of these cheques, they will
be honoured.
6. That, however, all these cheques have been dishonoured by the bankers of the complainant,
and the same have been returned to the complainant with endorsement "Insufficiency of Funds in
the Account of the Drawer".
7. That the complainant says that had the complainant known that the cheques issued by the
accused would be dishonoured, the complainant would never have delivered the materials and
goods to the accused.
8. That the complainant does hereby reiterate that the cheques which were issued by the
accused in discharge of his liability have been dishonoured for the reason of insufficiency of funds in
his account.
9. That the complainant is also surprised that since the date of dishonour of cheques, he has
been making serious and sincere efforts to contact the accused personally, but unfortunately the
accused has been at large and not being available, and his whereabouts are also not known to the
complainant.
10. That taking into consideration such a typical position created by the accused, the
complainant has come to a tacit conclusion and also inferred that the accused took the delivery of
goods by deceiving and cheating the complainant when he issued the cheques knowing it fully well
that he had neither sufficient balance in his bank account, nor had he made any alternative
arrangements for crediting the necessary amount against the same.
11. That from the total behaviour on the part of the accused, it is apparent that he is not only
liable civilly but also guilty of the
Legal Drafting 295
criminal offences under the provisions of criminal laws particularly under section 420 of the Indian
Penal Code 1860 and under section 138 of the Negotiable Instruments Act 1881.
12. That the cheques were presented to the bankers of the complainant
on , the same were returned to the complainant on for
insufficiency of funds in his account.
13. That the complainant has accordingly served a notice, dated ,
on the accused, demanding payment of the said amount of Rs. 80,000/-, but the accused did not do
so, and hence, this complaint.
17. 'That the complainant, therefore, prays that -
(A) The accused be charged with and tried for the offence punishable u/s 138 of the Negotiable
Instruments Act and also u/s 420 of the Indian Penal Code and punished according to law;
(B) This complainant be awarded from the accused the said amount of Rs. 80,000/- along with
interest @ 18% p.a. from the date of the issue of the said cheques till the date of payment; and
Pune, Sd/- STD
COMPLAINANT
Dated :
Sd/-xXx ADVOCATE FOR COMPLAINANT
VERIFICATION
I, Shri STD, the present complainant, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- STD COMPLAINANT
296
70. A CRIMINAL COMPLAINT U/Ss 193, 468, 503, 504 &506 R/W SEC. 34 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (COURT NO.4), PUNE AT PUNE
Criminal Complaint No /200..
Shri SAD,
age 60 years, occupation - retired, resident of 1000 Sadashiv Peth, , Pune 411 030.
)
) Complainant )
Versus
Shri STD,
age 45 years, occupation - business, resident of 1500 Narayan Peth, Pune 411 030. Vitthalwadi, Pune
411 051. Shri ISD,
age 50 years, occupation - service, resident of 500 Shukrawar Peth, Pune 411 002. Shri PCO,
age 40 years, occupation - service, resident of 300 Alandi, Taluka Khed, District Pune. Shri PUC,
age 42 years, occupation - service, resident of 300 Alandi, Taluka Khed, District Pune.
Accused
Legal Drafting 297
A COMPLAINT U/Ss 193, 468, 503, 504 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
1. That the complainant is a resident of the withinmentioned address, and the said house
property is owned by him.
2. That the complainant was in the service of a private company, and since the last year, he
took voluntary retirement.
3. That the complainant is a peace-lover and law-abiding citizen.
4. That the complainant owned and possessed a plot of land bearing No. 2, out of Survey No.
60, Hissa No. 6, situate in the revenue village Alandi, Taluka Haveli, District Pune.
5. That the said property was originally purchased by the Late father of the complainant, and
hence, it is an ancestral property owned and possessed by the complainant.
6. That the complainant being a heart patient for years, he decided to sell and dispose of the
said property with a view to raising funds for his medical treatment.
7. That with that point in view, the complainant actually decided to dispose the said plot of
land in the month of September
8. That the accused came to know about the sale of the said property, and accordingly, all the
accused contacted and personally met the
complainant only in the month of September , with a proposal
to purchase and acquire the said property:
9. That after having repeated visits made by the accused and then holding several meetings, it
was proposed that the said plot was to be purchased by and in the name of the accused No. 1.
10. That as per the terms and conditions worked out by and among the parties hereto, the price
of the said plot of land was fixed at Rs. 3,70,000/- to be paid by the accused No. 1 unto the
complainant, and it was also agreed that the said amount of consideration was to be paid only by
cheques.
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That before entering into any agreement in writing, the accused No. 1 on his own and suo motu paid
unto the complainant an amount of Rs. 51,000/- by a cheque, even though the complainant was
hesitant to accept the said cheque in the absence of any agreement in black and white, but it was
only the accused No. 1, in support of the other accused, who insisted on the complainant to accept
the said cheque, taking it for granted that the proposed transaction in between them has been
finalised.
That then, the accused No. 1, with common intention of the other accused, changed his mind and
appears to have given a thought to his idea to the effect that there should be a development-
agreement to be executed in respect of the said transaction instead of a sale-deed.
That it was also assured and promised by the accused No. 1 in consultation with the other accused
that the period for the completion of the project undertaken by the accused shall be two years, but
all the payment ofthe fixed consideration, i.e. Rs. 3,70,000/-, shall be paid by the accused unto the
complainant with two months only from the date of the execution of the development-agreement.
That it was also agreed by and between the parties to execute a power of attorney at the time of the
agreement for development, and the accused managed to get an irrevocable power of attorney
executed by the complainant, though it was not agreed to that effect.
That on the accused No. 1 along with the other accused
telephoned the complainant at his office where he was then working, saying that the complainant
should immediately remain present in the office of the Sub-Registrar, Haveli No. Ill, Pune. That
accordingly, when the complainant visited the office of the Sub-Registrar, Haveli No. Ill, Pune, at 1.30
p.m. that day, he was really shocked to know that the accused wanted the complainant to sign the
development-agreement and irrevocable power of attorney, which all the accused had already kept
ready for execution before the Sub-Registrar, Haveli No. Ill, Pune, then and there only.
Legal Drafting 299
17. That the complainant respectfully submits for the kind consideration of this Hon'ble Court
that he had no knowledge or even any idea about the intention of the accused, and except and save
a simple commitment on his part of accepting a cheque, he had no reason to listen to the dictating
terms of the accused.
18. That the complainant being of a very sober nature and a God¬fearing man, he obediently
signed the required documents, which the accused had already presented there.
19. That since the said documents had already been lodged with the Sub-Registrar, Haveli No. Ill,
Pune, and the accused were in a hurry, this complainant did not get any chance even to go through
the same, and thus, the complainant was actually compelled by the accused to sign the documents,
and to do and undo anything as liked by the accused.
20. That while executing the said documents, the accused No. 1 with common intention of the
other accused pretended that he had no time at his disposal, and therefore, the said documents
should have been signed and executed then and there only.
21. That even though this complainant demanded the accused No. 1 to give him a copy of the
documents to go through before his signing and execution, the accused paid no heed to the request
made by the complainant, and thus, the accused No. 1 along with the other accused became
successful in his malicious plan and design played by them on the complainant.
22. That after the execution of the said documents in the office of the Sub-Registrar, Haveli No.
Ill, Pune, the accused asked the complainant to go home without giving any copy, saying and
promising that the copies of the documents would be given to him a little later, which the accused
did not do for a month or so.
23. That when the accused No. 1 was avoiding to give copies of the documents, this complainant
made repeated requests and appeals to the accused, and thus, the copies were provided by the
accused.
24. That on the receipt of the copies of the documents, this complainant was shocked and
broken into pieces to know and note that the
300 Legal Drafting
amount of consideration was mentioned to be Rs. 2,00,000/-instead of Rs. 3,70,000/-, as it was

agreed by and between the parties.
25. That when complainant asked the accused No. 1 about the same, he explained that for the
sake of income-tax, etc., he has preferred to mentioned this lower figure, which was totally illegal
and not agreeable to the complainant.
26. That the accused No. 1 also assured and told the complainant that even though the amount
of Rs. 2,00,000/- is mentioned in the document, he will pay the actual amount of consideration, i.e.
Rs. 3,70,000/-, to the complainant, to which this complainant did not agree.
27. That the accused No. 1 has actually paid unto the complainant a total amount of Rs.
2,01,000/- by four cheques of Rs, 51,000/-, Rs. 1,00,000/-, Rs. 22,000/-and Rs. 18,000/-, where the
accused No. 1 was to pay a sum of Rs. 3,70,000/-.
28. That the accused No. 1 told the complainant that the remaining amount of Rs. 1,69,000/-
will be paid by him unto the complainant in cash and in instalments, but in spite of the several
demands made by the complainant, the accused used to tantalize the complainant and did not pay
anything.
29. That even though the accused No. 1 did not make any more payment to the complainant, he
used to give big promises that as it would be possible for him, he would make the payments, but for
that purpose, the complainant should extend necessary cooperation by signing a few blank
vouchers.
30. That in the circumstances, the accused No. 1 managed to get seven blank vouchers signed by
the complainant, even the complainant did not actually know as to how the accused was going to
use the same.
31. That the accused No. 1 had already taken over the possession of the said property along
with the original papers thereof including NA order, city survey extract, 7X12 extract, etc., only at
the time of giving the cheque of Rs. 51,000/- on and he had
Legal Drafting 301
accordingly commenced the work of the proposed construction on the said property by submitting
building plans to the Pune Municipal
Corporation, which was sanctioned by the authorities on ,
and the actual work of construction had already started then.
32. That on the same day of at 9.00 p.m., the accused No. 1 came
to the residence of the complainant and created a scene of offence.
33. That before going to the residence of the complainant, the accused No. 1 had informed the
complainant to the effect that the complainant should purchase in his name and keep ready a non-
judicial stamp paper of Rs. 50/- for the purpose of remaining payment, and immediately on arriving
in the residence of the complainant, he took the possession of the stamp paper, and immediately
started threatening the complainant and his wife to the effect that the complainant had handed
over a bogus NA order, and hence, the accused was put to heavy losses, and therefore, the accused
No. 1 should be paid and compensated @ 24% interest on the amount of Rs. 2,01,000/- paid by the
accused No. 1 to the complainant.
34. That at the time of threatening the complainant and his wife, he removed the belt of his
pants and was about to beat them with the same, but since the complainant and his wife did not
have any money, and they were not obliged to pay anything to the accused No. 1, the complainant
and his wife being under threat and coercion promised to pay the accused No. 1 a sum of Rs.
48,000/ -, as was calculated by the accused @ 24% interest only the following day, and thus, the
accused No. 1 went away from there with the stamp paper, announcing a threat that he would again
go there the next day for the collection of the amount, and accordingly, the accused No. 1 went
there on the next day and received the amount of Rs. 48,000/-.
3 5. That at the time of the collection of the said amount ofRs. 48,000/ -, the accused No. 1 also got
the signature of the complainant on the stamp paper, which he had taken from the complainant and
brought to him, duly written with the contents showing that the accused No. 1 had received the said
amount ofRs. 48,000/- byway
302 Legal Drafting
of interest @ 24% on the amount of Rs. 2,01,000/-, and he took away the stamp paper signed by the
complainant.
36. That the accused No. 1 sent a registered letter, dated , to the complainant to the effect that
he was already in receipt of the amount of Rs. 48,000/- as interest @ 24%, and for the next period of
90 days, the complainant should pay unto the accused No. 1 a sum of Rs. 32,000/- as interest @ 24%
on the basis of the earlier payment.
37. That the complainant sent a notice, through his advocate, on
to the accused No. 1, requiring the accused to refund an
amount of Rs. 2,17,000/- as Rs. 1,69,000/- remaining balance of the transaction plus Rs. 48,000/-,
which the accused No. 1 had
illegally usurped from the complainant on , but instead of
making any payment, the accused No. 1 offered a very false reply fraught with filthy language.
38. That the accused No. 1 was also served with another notice by the
complainant through his advocate on , which was again
replied falsely and with same obscene language, and also sent xerox copies of seven vouchers,
showing that the complainant was in receipt of the amount of Rs. 3,70,000/-, out of which Rs.
2,01,000/- received by cheques and Rs. 1,69,000/- received by cash.
39. That on one of the cash vouchers, the date of receipt of the amount
of Rs. 1,00,000/- was mentioned as which was not only
totally false and untrue but also bogus and fabricated, too.
40. That as the accused No. 1 has since then never paid a single paisa unto the complainant save
and except the said amount of Rs. 2,01,000/-, as aforesaid, this complainant was required to file a
civil suit bearing No. 22/200... in the court of the Civil Judge, Senior Division, Pune.
41. That the said civil suit was decided on by the Hon'ble Civil
Judge, Senior Division, Pune, awarding an amount of Rs. 2,17,000/ - with interest @ 9% p. a. to the
complainant-plaintiff, i.e. Rs.
Legal Drafting 303
1,69,000/ as due from the accused No. 1, out of the total consideration of Rs. 3,70,000/-, which the
accused No. 1 did not pay, even though it was binding and incumbent upon him to do so, and Rs.
48,000/-, which the accused No. 1 had usurped illegally from the
complainant by force and coercion on and the interest due
thereon.
42. That during the hearing of the said civil suit, the accused No. 1
used to file documents in support of his illegal claim and such type
of demand such as three fabricated vouchers, out of which one was
dated for Rs. 1,00,000/-, and the same was further fabricated
by overwriting the date as and the fabricated and bogus
receipt, dated showing the figure to be Rs. 3,70,000/-
instead of Rs. 2,00,000/-.
43. That during the hearing of the said suit, the Hon'ble Court disproved the abovementioned
fabricated evidence produced by the accused No. 1.
44. That in support of his bogus claim, the accused No. 1 examined the accused Nos. 2 and 3 as
the witnesses for the defendant-accused No. 1, boldly showing that the accused No. 1 paid the
amount of Rs. 1,69,000/- to this complainant through the accused Nos. 2, 3 and 4 by four different
cheques drawn in their names, who had, in fact, no concern of whatsoever nature with the actual
transaction.
45. That the complainant submits that this fact mentioned in para .... above was completely
disproved, when, at the instance of the complainant-plaintiff, the concerned bank officials produced
the documentary evidence in the Hon'ble Court.
46. That in the hearing of the said suit, the accused Nos. 2 and 3 have furnished their false
affidavits-in-examination-in-chiefs in support of the illegal defence of the accused No. 1 to the effect
that they have paid an amount Rs. 1,69,000/- to complainant as per the instructions of the accused
No. 1, but their affidavits-in-examination-in-chief have been proved to be totally false.
47. That since the accused No. 1 did not comply with and obeyed the orders of the Hon'ble Civil
Court, this complainant-plaintiff was
304 Legal Drafting
constrained to filed execution proceedings for the recovery of the claim, videDrakhastNo. 111/200...
against the accused No. 1, and the notice of the same has been served on the accused No. 1 very
recently.
48. That as soon as the accused No. 1 received the notice of the Darkhast, he along with and in
common intention of the other accused have started to create problems and dangers for the lives of
the complainant and his family.
49. That the complainant also submits for the kind consideration of this Hon'ble Court that all
the accused are of dangerous nature, and they have been threatening and intimidating this
complainant constantly, and since then the complainant and his family have been under very high
tensions and tortures, and the complainant particularly also submits that theire; is every danger to
his life as well as of his family, and hence, this complaint.
50. That it is hereby reiterated and submitted for the kind consideration of this Hon'ble Court
that since the date of the order, judgment and
decree passed by the Hon'ble Civil Court, as on , the accused
No. 1 in common intention of the remaining accused Nos. 2, 3 and 4 started not only to harass, ill-
treat but also to threaten and intimidate the complainant with dire consequences that if the
complainant were to insist on his claim as decided and ordered by the Hon'ble Civil Court, the
complainant and his family would be finished and killed.
51. That the cause of action for this complaint first arose on
and the same has since then been arising every day thereafter, and
particularly from the time of filing the Darkhast on the
notice whereof was served on the accused No. 1 on and
52. That it is also submitted that an FIR was accordingly lodged with
the concerned police, but unfortunately no cognisance was taken
by them, and on the contrary, the policemen advised this complainant

to approach a criminal court for filing a private complainant, and
hence, this complaint.
Legal Drafting 305
the offence punishable u/ss 193, 468, 503, 504 and 506 R/W Sec. 34 of the Indian Penal Code and
punished according to law.
Pune, [ SAD ]
COMPLAINANT Dated :
ADVOCATE FOR COMPLAINANT
VERIFICATION
I, Shri SAD, the present complainant, do hereby state on solemn affirmation that the contents of this
signed hereunder.
[ SAD ] COMPLAINANT
306 Legal Drafting
71. A COMPLAINT U/Ss 323, 504 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
Criminal Complaint No /200..
Smt. S G P
age 30 years, occupation - household, resident of 900 Raviwar Peth, Pune 411 002.
) Complainant
)
Versus
1. Shri B N... K
age 60 years, occupation - retired, resident of 500 Guruwar Peth, Pune 411 002.
2. Shri V B V ,
age 40 years, occupation - service, resident of 550 Guruwar Peth, Pune 411 002.
3. Shri S D G
age 45 years, occupation - business, resident of 585 Guruwar Peth, Pune 411 002.
Accused
A COMPLAINT U/Ss 323, 504 & 506 R/W SEC. 34 OF THE INDIAN PENAL CODE
Legal Drafting 307
1. That the complainant is a resident of the withinmentioned address, and the accused are also
residents of the said addresses.
2. That the complainant is a young household lady, peace-lover and law-abiding citizen.
3. That the family of the complainant is very large consisting of her in-laws, co-sisters and their
children.
4. That the house property bearing CTS No. 525, Guruwar Peth, Pune 411002 is owned by the
family of the complainant, and the same is in the name of her father-in-law.
5. That the said house property was purchased by the father-in-law of the complainant in the
year 19..., and in the beginning, the family of the complainant also used to reside there for years.
6. That, however, due to the increase in the number of members in the family, they had to
shift their residence to the withinmentioned address, and hence, the said house property at CTS No.
525 Guruwar Peth, Pune, remained vacant and unoccupied for a while.
7. That in the circumstances, the accused along with other persons approached the father-in-
law of the complainant and requested him to allow them to keep a Ganpati idol in the corner of the
said house property, saying that such a requirement would be only for a very short period of about
six months or so during which they would make their own arrangement.
8. That the accused also told the father-in-law of the complainant that they have formed a
mandal under the name and style as "Veer Young Mandal", and all the functions and objects of their
Mandal are only social and religious.
9. That even though the accused had told the father-in-law of the complainant that their
Mandal is formed, registered and had such objects like social and religious, on further enquiry made
by the members of the family of this complainant, it had subsequently been revealed that no such
mandal was either formed or registered, and such illegality and position still exist with the accused
till today.
308 Legal Drafting
10. That when it was necessary for some of the members of the complainant's family to shift
back to the said premises for use and occupation, the accused were requested to remove the
Ganpati idol which they had put in the corner of the said premises, because the members of the
complainant's family being religious and of God¬fearing nature felt it that there should be no
domesticity continued in the presence of a godly idol like that of the Lord Ganesh, the accused
straightaway refused to do so, and they avoided to concede request made out to them on one or the
other ground.
11. That the accused claiming to be the members of the said so-called "Veer Young Mandal" did
not, thus, remove the Ganapati idol as per their promise and assurance, even though the father-in-
law of the complainant repeatedly asked, requested and called upon them to remove the Ganapati
idol from the space they had been occupying for the same.
12. That despite the fact that the said so-called "Veer Young Mandal" in general and the accused
in particular had no right or authority to let the Ganpati idol remain in the space owned and
possessed by the family of the complainant, the accused created tense atmosphere and terror,
saying that the Ganpati idol of their Mandal will not be removed from the said premises wherein the
accused had, in fact, been trespassers and acting in the name of the so-called Mandal.
13. That taking into consideration the very delicate position of the family of the complainant
because of their being belonging to the minority class and, therefore, they have been foreigners to
the Pune locality, their family had no guts to do anything against the accused for the purpose of
getting back the peaceful and vacant possession of the small premises, which they were occupying
for the Ganapati idol and in the name of Hindu religion.
14. That this issue of occupying the said small premises was being of a very sensitive nature,
which ultimately caused emotional and religious effects on the family of the complainant, the
accused took
Legal Drafting 309
only full and all the disadvantage and continued to misbehave all the time.
15. That during that period and especially in the absence of the members of the complainant's
family, the accused also had already locked the whole premises owned and possessed by the
complainant's family and, on the contrary, started to obstruct the real owners thereof, which
deprived the complainant's family of their use and enjoyment of the said premises.
16. That as a result of all this, the father-in-law of the complainant and all the family came to a
tacit conclusion that the accused would not keep their word and may not perhaps vacate the small
portion of the said premises and would not remove the illegal lock that they had put to the said
premises, the father-in-law of the complainant was compelled and constrained to file a civil suit
bearing No. 2000/ 19... against the accused and some other persons.
17. That from the total misbehaviour on the part of the accused, the members of the
complainant's family realised that even though the accused have been showy and pretending to
serve the cause of society by their participation through such Ganpati festival, they are not all
religious but their nature appears to be fictitious and slippery.
18. That the civil suit bearing No. 2000/19... was decided by the Joint
Civil Judge, Junior Division, Pune, on restraining
permanently the accused-defendants from disturbing the possession and enjoyment of the
complainant's family.
19. That it is respectfully submitted for kind and sympathetic
consideration, information and notice of this Hon'ble Court that
even though the said civil suit was decided in favour of the plaintiff,
i.e. the father-in-law of this complainant, they could not dare to
go on, not only on the said small portion of the said premises but
also the said premises as a whole, and whenever some attempts
were made by the complainant's family to do so, the accused
always used to threat them and also caused criminal intimation for
the lives of the family members of this complainant.
310 Legal Drafting

20. That taking into consideration such a strong legal position of the complainant's family,
nothing could be done by them to use and enjoy their property only due to the constant threats
caused by the accused.
21. That since the orders passed by the Hon'ble Civil Court could not be executed in good faith
and were resulting into infructuous position, the father-in-law of the complainant finally filed
execution proceedings/ Darkhast in the Hon'ble Court of the Civil Judge, Junior Division, Pune, which
is pending and subjudice, but since, due to the old age of her father-in-law, this complainant, as his
lawful attorney, has been attending the said Civil Court throughout.
22. That it is also submitted for the kind information that whenever the said Hon'ble Court has
been attended to by the complainant, she being the attorney in the said matter of the execution
proceedings/ Darkhast, the accused still used to threat her of dire consequences in the event of
entering the said premises anytime.
23. That it is also submitted for the kind information of this Hon'ble Court that the accused have
been making false attempts on this complainant for withdrawing the said execution proceedings,
failing which this complainant and the other members of her family would be subjected by the
accused to suffer hardship and danger.
24. That on when the complainant, her mother-in-law and her
elder co-sister had gone to the said premises for some Poqja purpose, as they have always had very
sensitive feelings and such faith that their said premises are the real and genuine source of their
progress, weal and welfare, the accused on their own removed the lock, which they had put to the
said premises, but then and there, they not only abused the ladies but also threatened them and
also caused a false and bogus criminal complaint to the police u/s 448 read with Sec. 34 of the Indian
Penal Code against these ladies including this complainant, and while doing so, they had successfully
managed the things with the concerned policemen and hand in gloves with them.
Legal Drafting 311
25. That the said criminal complaint was decided on by this
Hon'ble Court, acquitting on merit the ladies including this complainant there being no substance in
the said complaint made by the accused, even though it was caused by and through the police.
26. That even though the said criminal complaint was also disposed of by this Hon'ble Court, the
misbehaviour on the part of the accused has never lessened or improved but the same has since
then been increased day by day.
27. That it is also respectfully submitted for the kind information and sympathetic consideration
of this Hon'ble Court that since then, the accused have openly started to threat this complainant in
particular and other members of her family in general of dire consequences to the effect that if any
one of them were to dare to enter the said premises owned by the complainant's family, they would
be beaten up and killed, and hence, this complaint.
28. That it is furthermore submitted for the kind consideration of this Hon'ble Court that
whenever any of the accused happens to meet the complainant on a road, he causes severe criminal
threat and intimation towards her, and since then, the whole family of the complainant has always
had been under heavy mental tensions, tortures and excruciating agony, and they have always had
been and constantly subjected to such tortures caused by the accused, and hence, this complaint.
29. That this complainant submits for the kind consideration of this Hon'ble Court that she had
also made a complaint to the police on
but they have not taken any cognisance of the same, and as
such, the total situation has since then gone from bad to worse, because the accused have been
more active and prompt in indulging into such illegal and criminal acts against the complainant and
other members of her family.
30. That the complainant also submits specifically that as a result of
the total misbehaviour on the part of the accused and due to the
shock treatment by way of abuses uttered and criminal intimidation
312 Legal Drafting
and constant threats caused by the accused, the mother-in-law of
the complainant recently died on.. , and hence, this complaint.
31. That for the purpose of protection and safeguard of the complainant and her family from
the illegal activities, criminal threats and intimidation caused by the accused, the complainant also
made complaint-applications to the police, but no cognisance thereof has been taken by them, and
32. That this complainant has also made one more complaint to the police, reporting the illegal
acts and threats given by the accused to the complainant and some other members especially ladies
from her family, but it appears that no cognisance thereof has so far been taken by them, and
33. That this complainant respectfully submits that since the orders of acquittal passed by the
Hon'ble Criminal Court, the accused appear to have been at a loose end, and the complainant is
afraid that the accused are ready to do and undo anything as per their sweet wish, and in the
interest of natural justice, the complainant and her family be kindly safeguarded and protected from
the dangerous and illegal acts and criminal threats and intimidation caused by the accused.
34. That the complainant submits that the accused with and in common intention have started
to create problems and dangers for the lives of the complainant and her family, and hence, this
complaint.
35. That the complainant also submits for the kind consideration of this Hon'ble Court that the
accused are of dangerous nature, and they have been threatening and criminally intimidating this
complainant and the members of her family constantly, and since
^then the complainant and her family have been under very high tensions and tortures, and the
complainant particularly also submits that there is every danger to her life as well as of her family,
and hence, this complaint.
36. That, thus, the accused have committed an offence u/ss 323, 504
and 506 read with Sec. 34 of the Indian Penal Code.
Legal Drafting 313
37. That the cause of action for this complaint first arose on
and the same has since then been arising every day thereafter, and hence, this complaint filed today
is well within limitation.
38. That the offence has been committed within the local limits of the jurisdiction of this
Hon'ble Court, and hence, this Hon'ble Court has jurisdiction to try and decide this complaint.
the offence punishable u/ss 323, 504 and 506 R/W Sec. 34 of the Indian Penal Code and punished
according to law.
Pune, [S G P.. ..]
COMPLAINANT Dated :
VERIFICATION
I, Smt. S. G P , the present complainant, do hereby
state on solemn affirmation that the contents of this complaint in paras 1 to 40 are true and correct
to the best of my knowledge and belief, and so I have signed hereunder.
[S .G ...P ]
COMPLAINANT
Drafting - 19
314
72. APPLICATION FOR ANTICIPATORY BAIL U/S 438 OF THE CRIMINAL PROCEDURE CODE 1973
HIGHLIGHTS
I. Grant of Bail [Popularly known as Anticipatory Bail] to a person
apprehending arrest.
' 2. Power to grant by High Court or Court of Session.
3. A person should have reason to believe that he may be arrested on an accusation of having
committed a non-bailable offence.
4. While granting bail, the Court may impose certain conditions like not to India without
permission of the Court, or to attend some police station, or the Court granting the bail.
5. If such person is arrested without a warrant, he shall be released on bail, or if a warrant is to

be issued by the Court, it shall be a bailable warrant.
6. It is an application on an apprehension of arrest.
7. Denial of bail amounts to deprivation of personal liberty.
8. Physical appearance of the applicant is not necessary - he may appear through his counsel.
9. A person can make a direct application to the High Court.
10. The bail granted by the High Court can be cancelled only by the High Court and no other
court.
II. The court granting bail has a right to cancel the same.
12. The bail granted by the Court of Session can, however, be cancelled by the High Court.
13. The provision is necessary, because a person may be a victim of a false complaint made by
his business or political rival. When a person has reason to believe that he may be arrested on an
accusation of having committed or concerned with a non-bailable offence, he may move the High
Court or Sessions Court for the grant of anticipatory bail.
Legal Drafting 315
APPLICATION FOR ANTICIPATORY BAIL U/S 438 OF THE CRIMINAL PROCEDURE CODE 1973
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE, PUNE
Misc. Application No. /2003
Shri _ A_ B _ C _ ) _ Applicant
Age 36 years, occupation - social worker, )

Resident of 175 Deccan Gymkhana, )
PUNE 411 004.
Versus
The State of Maharashtra ) _ Opponent
AN APPLICATION FOR THE GRANT OF BAIL U/S 438 OF THE CRIMINAL PROCEDURE CODE 1973
1. That the applicant is a social worker and active member of the Shiv Sena Party.
2. That the applicant has been serving the cause of society for the last more than twentyfive
years.
3. That during the recent by-election to the Pune Municipal Corporation in Ward No. 50, the
applicant got elected with a large number of votes against his rival candidate, Shri XYZ, who belongs
to the Congress-I Party.
4. That during the election campaign, there were a great many allegations made by the
members of both the parties, and the said Congress-I candidate tried his best to make all the
malicious attempts with a sole intention to defeat the candidature of this applicant.
5. That the said Congress-I candidate could not withstand his defeat in the election, and since
the date of the declaration of the election result on the situation as a whole has gone bad to
worse.
316 Legal Drafting
6. That on or about , a person alleged to have been an active
member of the Congress-I Party was stabbed, and he died the following day.
7. That the applicant believes that on account of such unhealthy political activities indulged
into by the said defeated candidate, some malicious plans and designs have been worked out with
an intention so as to implicate this applicant for having committed or concerned with such a non-
bailable offence.
8. That the applicant submits that since the date of the declaration of
the election result on , this applicant had gone to Tirupati Balaji
on a pilgrimage tour, and when he returned back to the headquarters only yesterday night, he came
to know about such an accusation against him, and hence, this application.
9. That the applicant states and submits that he had no concerned with any such offence, if
committed by some miscreants, and the contention of this applicant will be explicit from the very
fact that this applicant was out of headquarters throughout, and thus, he is innocent, too.
10. That the applicant apprehends that he may be arrested on such an accusation, and hence,
this application.
11. That this applicant furthermore submits that if this application is not granted by the Hon'ble
Court, flagrant injustice will be done to him for no fault on his part.
12. That the applicant also believes that he will not be deprived of his legitimate and
fundamental right.
14. That the applicant, therefore, prays that this application be kindly allowed and orders
granting an anticipatory bail be issued in favour of this applicant.
Pune, Sd/-ABC
APPLICANT
Dated : ..
Sd/- xXx ADVOCATE FOR APPLICANT
Legal Drafting 317
VERIFICATION
I, Shri ABC, the present applicant, do hereby state on solemn affirmation that the contents of this
signed hereunder.
Sd/- ABC APPLICANT
318
73. CRIMINAL APPEAL
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
AT PUNE
Criminal Appeal No. /2003
Shri _ N _ S _ P_)
Age 36 years, occupation - service, ) _ Appellant
Resident of Mehetre Vasti, Chikhali, ) (Original Accused)
Taluka Haveli, District - Pune. )

Versus
The State of Maharashtra _ Respondent
(Notice to be served on the District (Original Complainant)
Government Pleader, Pune 411 005 )
CRIMINAL APPEAL U/S 374 OF THE CODE OF CRIMINAL PROCEDURE 1973
MAY IT PLEASE YOUR HONOUR
(I) Brief History of the Case is as follows :
(1) That the appellant was charged with and tried for the offence punishable u/s 304(A) of the
Indian Penal Code and was sentenced to suffer SI for one month and also to pay a fine of Rs. 500/-
I/d to suffer further SI for seven days.
(2) That the said order of punishment has been passed by the Hon'ble Judicial Magistrate, First
Class, Vadgaon Maval, in S.T.C.C. No. 1100/2000.
(3) That the said judgment and order of punishment have been passed by the Hon'ble Trial
Court on 7.3.2003.
(4) That the Hon'ble Trial Court was pleased to hold the appellant guilty for the said offence u/s
304(A) of the Indian Penal Code.
(5) That the alleged incident took place in the property bearing Gat No. 1426, Mehetre Vasti of
the revenue village Chikhali,
Legal Drafting 319
Taluka Haveli, District Pune, where the appellant was constructing a new house for the residence of
his family, while the appellant himself is working in Mumbai, and he occasionally and during holidays
visits his family residing at the place where he has constructed a new house.
(6) That the said work of construction of the house was assigned to a contractor, and the father
of the appellant, who is old enough, used to visit and supervise the construction work from time to
time.
(7) That the appellant being in regular service at Mumbai could not visit or supervise or look
after the construction activity of the said work, and had hardly paid any attention to the same
personally.
(8) That the prosecution has examined in all eight witnesses, but no witness on behalf of the
accused was examined, and the appellant is so unfortunate that while recording the statement of
the accused u/s 313 of the Code of Criminal Procedure, despite an enquiry made by the Hon'ble
Lower Court as to whether he had to examine any defence witness, the accused being totally
ignorant and completely innocent did not avail of the opportunity offered to him, and therefore, no
witness on his behalf or at his instance could be examined.
(9) That the appellant respectfully submits that with a view to meeting the ends of justice, there
should have been, at least, one witness, i.e. the father of the accused-appellant, who used to attend
to and supervise the work of construction personally, should have been examined on behalf of the
defence, but this did not happen, and for the same, the whole blame goes to none but the defence
only.
(10) That even though the said accident took place between 16.30 hours and 20.30 hours on
17.6.2000, the panchnama was drawn two days thereafter on 19.6.2000.
Legal Drafting
BEING AGGRIEVED BY AND DISSATISFIED WITH the judgment and order, dated 7.3.2003, passed by
the Hon'ble Judicial Magistrate, Vadgaon Maval, in S.T.C.C. No. 1100/2000, the present appellant
prefers this memo of appeal on the following amongst the other grounds of objections thereto :
1. That the Learned Lower Court has not followed proper procedure, and this has resulted into
miscarriage of justice.
3.. That the orders passed by the Learned Lower Court are contrary to the provisions of law and the
principles of natural justice.
manner.
5. That the findings arrived at by the Learned Lower Court are not supported by the evidence
on record.
6. That the necessary issues of law and the facts have not been framed and answered by the
Learned Lower Court,
7. That the Learned Trial Court ought to have acquitted the accused-appellant for the benefit
of doubt for the great many controversies committed in the evidence adduced by almost all the
prosecution witnesses.
8. That the Hon'ble Lower Court ought to have taken into account the very fact that there was
a glaring mistake on the part of the prosecution to the effect that when the said accident actually
took place on 17.6.1998, in the Final Report/ Charge-sheet submitted by the Investigating Officer,
Dehu Road Police Station, on 18.8.2000, the date of offence is shown to be 10.6.2000, which is
totally incorrect.
9. That the Hon'ble Lower Court ought to have rightly held that it was merely an accident, and
not an offence.
10. That there was a great mistake in lodging the FIR on 8.8.2000, which should give the benefit
of doubt for acquittal of the accused.
Legal Drafting 321
11. That the appellant respectfully submits that while framing charge, on 7.4.2001, the date of
the offence is shown to be 10.6.2000.
12. That the Learned Lower Court ought to have taken into consideration that when the PW No.
1, Shri GSD, admitted that he had lodged a complaint with the police on 8.8.2000 and also that the
father of the accused was looking after the construction work and the accused was coming on the
site once or twice in a month, the prosecution could not make out the case against the accused.
13. That the Learned Lower Court ought to have taken into consideration that there are a great
many controversies about the evidence given by the witnesses such as the PW No. 3, Shri GVJ, says
that the construction was going on, while the PW No. 1, Shri GSD, says that one and a half months
prior to the incident, the construction work was stopped, and this statement of fact has also been
supported by the evidence given by the PW No. 8, Shri DDK, who says that the work was stopped
since May 2000.
14. That the Hon'ble Lower Court ought to have held that the evidence given by the PWNo. 5,
Shri MKK, who had undertaken the work of construction as a contractor, to the effect that the said
water tank was covered by wooden planks and tin sheets, and as admitted by the PW No. 3, Shri
GVJ, that theft is a common instance in the area, and hence, the same must have been stolen away
by the thieves, leaving the water tank unprotected.
15. That it was not correct and proper on the part of the Learned Lower Court to conclude that
the said water tank was uncovered, because the PW No. 3, Shri GVJ, the PW No. 5, the concerned
contractor, as well as the PWNo. 8, Shri DDK, supported, said and reiterated that the three sides of
the tank were closed by a wall and protected by a wire fencing, there was no access to the
construction site, and the said witness, Shri Kale, also
322 Legal Drafting
added that the accused never visited the construction site during the work, and that the plot is
fenced by wire fencing.
16. That the Hon'ble Trial Court ought to have considered the fact
that registering an offence against the accused-appellant was
b an afterthought, for, as per the version of the PW No. 7, Shri MHC, ASI, who admitted that prior to
the FIR, the' incident was registered as an accidental death.
17. That the Hon'ble Trial Court ought to have taken into consideration that when the PW No. 6,
Shri GRM, says that the incident took place on 8.8.2000, it means that such a mistake on the part of
the prosecution could be accepted only with a view to giving the benefit of doubt to the accused,
and not otherwise.
18. That the Hon'ble Trial Court ought to have considered that the prosecution failed to prove
any offence on the part of the appellant.
19. That the Hon'ble Lower Court ought to have considered that the appellant was not
responsible for the death of the deceased boy - Abhishek, who was found drowned in the water tank
which was constructed by the contractor engaged by the appellant for the purpose of construction
of a house for him.
20. That the Hon'ble Lower Court ought to have held that the drowning of the deceased boy was
caused only on account of an accident for which the appellant was not at all responsible.
21. That the Hon'ble Trial Court was at an error in holding that the said offence was committed
by the appellant by a rash and negligent act on his part.
22. That the Learned Lower Court was wrong to have come to a tacit conclusion that it was due
to a rash and negligent act on the part of the appellant that the death of the deceased boy was
caused.
23. That the Hon'ble Trial Court ought to have held that there was neither mens Tea on the part
of the appellant to cause death
Legal Drafting 323
nor any knowledge that the act done in all probability will cause death.
24. That the Hon'ble Lower Court ought to have considered that the appellant did no act, which
could be termed as a rash or negligent act and is directly the immediate cause of death of the
deceased boy.
25. That the Hon'ble Trial Court also ought to have held that there was, in fact, no criminal
■intent, on the part of the appellant, which was an essential ingredient to constitute an offence.
26. That the appellant respectfully submits for the kind and sympathetic consideration of this
Hon'ble Court that there was no rash or negligent act on the part of the accused-appellant which
could have been the direct or proximate cause of the death of the deceased boy.
27. That the accused-appellant respectfully submits for the favourable consideration of this
Hon'ble Court that the Learned Lower Court ought to have determined that the accused cannot be
held to have the knowledge that he was likely by such act to cause the actual result, but the
appellant has been so unhappy that the dangerous consequences have been unfortunate.
28. That the Learned Trial Court ought to have held that the act of the accused-appellant in its
nature is not at all criminal, and hence, only on that merit, the accused-appellant deserves a clear
exoneration.
29. . That the Hon'ble Lower Court ought to have rightly held that
the section under which the accused-appellant was tried for the offence does not apply to the
instant case where the death has arisen, not from the negligent or rash mode of doing the act, but
from some result supervening upon the act which could not have been anticipated.
30. That this appellant fervently submits that proper care and
due precaution to guard against an injury either to the public
generally or to an individual in particular was taken by the
324 Legal Drafting
appellant by putting wooden planks and tin sheets for covering the water tank, which was then dry
and empty.
31. That this appellant submits that the said water tank was empty and dry, for the construction
work was already stopped for want of funds as well as on account of shortage of water supply in the
month of May 2000, that is the beginning of the summer season.
32. That the appellant submits and brings to the kind perusal and consideration of this Hon'ble
Court the very fact that when the rainy season started only in the first week of June 2000, the said
empty and dried tank was filled in with rainy water, and by the time, all the wooden planks covering
the said tank were also found already removed away and stolen by the unknown persons, because
the same could be very useful as firewood, which is normally used by the population residing in the
- nearby vicinity.
33. That the Learned Lower Court ought to have decided that the accused-appellant had taken a
sufficient precaution to prevent any untoward happening.
34. That the Hon'ble Lower Court ought to have taken into consideration the very provision of
law that there must be mens rea in the criminal negligence also, and since the same is absent in the
instant case, it cannot be termed as an offence.
35. That the appellant respectfully submits for sympathetic consideration of this Hon'ble Court
that the circumstances under which the deceased boy was drowned were beyond the control of the
appellant, and hence, he is not guilty of such an offence.
36. That there was a factual mistake to say that the said tank in which the deceased boy was
drowned was uncovered and unprotected, for it is admitted by the witnesses that the said tank was
under a stare case.
Legal Drafting 325

37. That the Learned Lower Court was wrong to hold that the P.W. No.l, Shri GSD, who is the
father of the deceased boy, was present when the dead body was taken out.
38. That it was a totally wrong decision of the Learned Lower Court that the said water tank was
uncovered and unprotected and also that even the construction site was accessible and was not
fenced.
39. That the Hon'ble Trial Court erred in arriving at a tacit conclusion that it was an illegal
omission on the part of the accused.
40. That even though the said accident took place between 16.30 hours and 20.30 hours on
17.6.2000, the panchnama was drawn two days thereafter on 19.6.2000, and hence, the Hon'ble
Trial Court must have considered this issue in favour of the accused.
41. That the appellant fervently isubmits that he deserves kind and sympathetic consideration,
and accordingly he prays for the mercy of this Hon'ble Court, at least, on humanitarian grounds.
42. That the order is dated, 7.3.2003, while its certified copy was applied for and delivered the
same day, and hence, the appeal filed today is well within limitation.
43. That certifiedcopies of the judgment and order, dated 7.3.2003, in S.T.C.C. No. 1100/2000,
and the other proceedings are filed herewith.
45. That the appellant, therefore, prays that -
(i) For the reasons stated above and as may be argued at
the time of hearing, this appeal may kindly be allowed; (ii) The record and proceedings in S.T.C.C.
No. 1100/2000
in the court of the Hon'ble Judicial Magistrate, First
Class, Vadgaon Maval, be called for; (iii) The order under appeal be set aside and quashed, and
orders deemed just and proper be kindly passed;
326
Legal Drafting
(iv) The appellant be kindly acquitted from the offence
punishable u/s 304(A) of the Indian Penal Code 1860; (v) During the pendency of this appeal, the
orders granting
bail be kindly issued with immediate effect in favour of
the appellant; (vi) Any other orders in the interest of justice be kindly
passed, for which act of grace and favour, this appellant
as bounden in duty shall ever pray.
Sd/- NSP APPELLANT
Sd/- x X x ADVOCATE FOR THE APPELLANT
(No Verification)
327
74. A COMPLAINT IN THE LABOUR COURT
IN THE COURT OF THE JUDGE, LABOUR COURT, PUNE
AT PUNE
Complaint No. ULP/... /200...
Shri Bhagwantrao Anandrao Zerokar, )
age 33 years, occupation - service, ) Complainant
resident of 420 Kasba Peth, Pune 411011. )
Versus
1. The Joint Director of Technical Education, )
Regional Office, 412-E, Shivajinagar, )
Pune 411 016. ) Respondents
2. The Principal, )
Government Polytechnic, Ganeshkhind, )
Pune 411 007. ) ac
A COMPLAINT OF UNFAIR LABOUR PRACTICE
U/S 28(i) READ WITH ITEM NO. 1 (a)k(fc), (d) & (f) OF
THE SCHEDULE IV OF THE MAHARASTHRA
RECOGNITION OF TRADE UNIONS & PREVENTION

OF UNFAIR LABOUR PRACTICES ACT 1971
The complainant abovenamed mostrespectfully submits this complaint, praying to state as follows :
1. That the complaint has filed this complaint in the capacity of an individual employee of the
respondents;
2. That the respondents have engaged themselves;in unfair) labour practice under Item No. (a);
(b),; (d) and (fl of the Schedule LV of the
MRTU & PULP Act 1971, on i^,- when the respondent No.
1 has proposed to discharge the complainant from service for no reasons.
328 Legal Drafting
3. That unfair labour practice in which the respondents have engaged or are engaging as under :
(i) That the complainant is duly qualified as a Motor Mechanic.
After passing the SSC (X) Examination, the complainant has
also the certificate course of Motor Mechanic from the Industrial
Training Institute, Aundh, Pune, and he is having sufficient
experience of motor repairs.
(ii) That the complainant has enrolled his name with the Sub-
Regional Employment Exchange, Pune. The said Employment
Exchange recommended the name of the complainant to the
Government Polytechnic, Pune, i.e. the respondent No. 2, for
the post of a Motor Mechanic, in its Workshop Department.
(iii) That the respondent No. 1 being the appointing authority, the
ajnsbf j.vcomplainant was so appointed, and thereafter, the complainant
worked there only for a period of 11 months, when his services
were terminated by the respondent No. 1, on the
recommendations made by the respondent No. 2.
(iv) That at the time of the said termination, this complainant was
HDfTDAH5! SgivilH/td understand that the said appointment was only for
iO (!) & ml :iriat(p)e#iod, and the same could not be continued further.
Av^T&AH'foM^.MhBreafter, again, the said Employment Exchange
WOI FM3V351^c»irtmeSi]dejd the name of the complainant to the respondents
I TGI TQfeEitt&pWsftoFan Engine Assistant, and after his interview and
technical test, on the complainant was selected
, jaislqmoo ai^ndxaqipeiiifceti asran Engine Assistant with effect from
(vi) That, thus, the complainant joined his duties at the institute
no to Yltosqfiof trie tresânkfentd^fe. 2 on , and since then, he
has been workitegjbnorhe said post and at the same place.
-modsJ(vii^niThat?th«:B©^ appointed for a period of five and
oili k; VI yiufa?ihs£lf Months), Sand thatptoo, temporarily. He was appointed ,oM

.inafo.fKjqaonâri©ti§«conditions, and the total number of such conditions on iol 33i\a9wa«ffitêB-
fflMqinai^c6lnd|tdffl(B. laid down in the appointment-order is that the post against which the
complainant is appointed would be filled in by the candidate recommended
Legal Drafting 329
by the Regional Selection Board. However, till today, no candidate from the said Regional Selection
Board has been recommended, and in he near future also, there is no possibility of getting any
candidate from the said Board.
(viii) That the post against the complainant is working is a clear vacant post. The work attached to
the said post is of a continuos nature. The complainant is selected through proper channel. Under
the circumstances, the services of the complainant are required in the institute of the respondent
No. 2.
(ix) That the complainant has now realised and understood that after the expiry of the appointment-
order, he will be discharged from service.
4. That the complainant submits that the proposed discharge and termination of service is
illegal and unjustified.
5. That the complainant also submits that he belongs to the Other Backward Class, and the
age-limit prescribed for the Government service is 35 years, and hence, after two years, the
complainant will cross that age-limit, and then, the doors of employment will be closed for the
complainant.
6. That under such circumstances, the proposed dismissal of the complainant is by way of
victimisation not in good faith but colourable exercise of the employer's rights. It is for patently false
reasons. It is utter disregard for the principles of natural justice in conduct of domestic enquiry and
with undue haste. The proposed punishment is shockingly disproportionate. Thus, it is a case of
unfair labour practice which requires prevention.
7. That the complainant desires to reply upon the service record and any other document that
may be necessary.
8. That the complainant also desires to examine himself and any other persons that may be
necessary.
9. That the complaint is within time.
10. That it is, therefore, prayed that necessary enquiry be kindly made, and it may be declared
that the respondents have engaged in unfair
330 Legal Drafting
labour practice, and the respondents may be directed to cease and
desist from engaging in unfair labour practices, and the complainant
may be granted the relief as under :
(i) An ad interim relief may be granted;
(ii) The respondents may be directed not to dismiss the complainant from service, and if dismissed,
to reinstate the complainant with continuity of service and full back wages;
(iii) Any other just and equitable relief may be granted. 11. That the complainant craves leave
to add, alter or amend the
complaint, as and when required.
Pune, [ BHAGWANTRAO ANANDRAO ZEROKAR ]
Dated : COMPLAINANT
ADVOCATE FOR
THE COMPLAINANT
VERIFICATION
I, Shri Bhagwantrao Anandrao Zerokar, the present complainant, do hereby state on solemn
affirmation that the contents of this complaint in paras 1 to 11 are true and correct to the best of my
knowledge and belief, and so, I have signed hereunder at Pune the date first abovementioned.
[ BHAGWANTRAO ANANDRAO ZEROKAR ] COMPLAINANT

331
75. AN APPLICATION U/S 30 (2) OF THE INTERIM RELIEF ACT 1971.
AT PUNE
Complaint No. ULP/300/2005
Shri Bhagwanrao Anandrao Zerokar ... Complainant
Versus
The Joint Director of Technical Education ... Respondents
& another
AN APPLICATION U/S 30 (2) OF THE INTERIM RELIEF ACT 1971
The complainant abovenamed most respectfully submits this application, praying to state as
follows :
1. That the complaint has today filed the complaint of unfair labour
practice. In order to avoid the repetition, the complaint may please
be read as a part of this application.
(i) That the complainant was appointed for a period of five and a half months, and that, too,
temporarily. He was appointed on various conditions, and the total number of such conditions was
fifteen. The main condition laid down in the appointment-order is that the post against which the
complainant is appointed would be filled in by the candidate recommended by the Regional
Selection Board. However, till today, no candidate from the said Regional Selection Board has been
recommended, and in he near future also, there is no possibility of getting any candidate from the
said Board.
(ii) That the post against the complainant is working is a clear vacant post. The.work attached to
the said post is of a
332 Legal Drafting
continuos nature. The complainant is selected through proper channel. Under the circumstances,
the services of the complainant are required in the institute of the respondent No. 2. (iii) That the
complainant has now realised and understood that after the expiry of the appointment-order, he
will be discharged from service.
4. That the complainant submits that the proposed discharge and termination of service is
illegal and unjustified.
5. That the complainant also submits that he belongs to the Other Backward Class, and the
age-limit prescribed for the Government service is 35 years, and hence, after two years, the
complainant will cross that age-limit, and then, the doors of employment will be closed for the
complainant.
6. That the complainant has made out a strong prima facie case for interim relief. The balance
of convenience is in favour of the complainant.
7. That it is, therefore, prayed that the respondents may be directed to withdraw the order of
the proposed dismissal and allow the complainant to work on his post till final disposal of the main
complaint on merit, and the respondents may please be further directed not to dismiss the
complainant and to maintain status quo till the final disposal.
Pune, [ BHAGWANTRAO ANANDRAO ZEROKAR ]
COMPLAINANT
Dated :
ADVOCATE FOR THE COMPLAINANT
Legal Drafting 333
VERIFICATION
I, Shri Bhagwantrao Anandrao Zerokar, the present complainant, do hereby state on solemn
affirmation that the contents of this application in paras 1 to 7 are true and correct to the best of my
knowledge and belief, and so, I have signed hereunder at Pune the date first abovementioned.
334 Legal Drafting
76. AN AFFIDAVIT IN SUPPORT OF THE COMPLAINT & APPLICATION
AT PUNE
Complaint No. ULP/300/2005
Shri Bhagwanrao Anandrao Zerokar ... Complainant
Versus
The Joint Director of Technical Education ... Respondents

& another
AFFI DAVIT
I, Shri Bhagwantrao Anandrao Zerokar, age 33 years, occupation - service, resident of 420 Kasba
Peth, Pune 411001, do hereby state on solemn affirmation that today, I have filed the complaint and
the interim application in this Hon'ble Court. The contents of this complaint and application are true
and correct.
knowledge and belief, and so I have signed hereunder at Pune this
day of 200...
Legal Drafting 335
77. COMPLAINT IN THE CONSUMER FORUM
BEFORE THE PUNE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT PUNE
Consumer Complaint No. ...../200...
Shri Somaji Gomaji Kapse, )
age 33 years. Occupation - business, ) ... Complainant
Pune 411 030. )
Versus
1. M/s B. J. Dhaisas & Company,
1122 J. M. Road, Shivajinagar,
Pune 411 004. ) ... Opponents
2. M/s Whlrlfool Public Limited,
Pune-Nagar Road, Ranjangaon,
Taluka Shirur, District Pune.
A COMPLAINT U/Ss 11 & 12 OF THE CONSUMER PROTECTION ACT 1986

1. That the complainant purchased from the opponent No. 1 a Whirlfool
Washing Machine Hereto annexed and marked as
Exhibit 'A* is a copy of the cash memo bearing No , of the even
date, issued by the opponent No. 1.
2. That the price of the said Whirlfool Washing Machine is Rs. 15,560/ - (Rupees Fifteen
Thousand Five Hundred Sixty Only).
3. That the said washing machine is a product manufactured by the opponent No. 2.
336 Legal Drafting
4. That the opponent No. 1 claims that the electrical and electronics articles produced and
manufactured by them are of the highest quality, and the opponent No. 1, as per the scheme, public
announcement and written warranty made by the opponent No. 2, had given a guarantee of the said
washing machine for a period of seven years from the date of its purchase.
5. That the opponent No. 1 issued a warranty card bearing its stamp as well as signature.
Hereto annexed and marked as Exhibit 'B' is a copy of the said warranty card, issued by the
opponent No. 1.
6. That before using the said washing machine, the complainant had gone through the manual
and instructions contained therein. Hereto annexed and marked as Exhibit 'C is a copy of the manual
produced by the opponent No. 2 and personally handed over to the complainant by the opponent
No. 1.
7. That when the complainant tried to start the said washing machine, the same could not be
started, and the complainant accordingly reported the matter to the opponent No. 1 for immediate
compliance.
8. That the opponent No. 1 deputed the persons to attend to the fault, if any, in the said
washing machine, but they could not start the machine, and told that they would again come and do
the needful in the matter.
9. That, thereafter, in spite of the promise made by the representatives of the opponent No. 1,
nobody turned up for about a fortnight, and the complainant had to follow up the matter with the
opponent No. 1 constantly for no positive response.
10. That the complainant submits that after about a month or so, as per the statement made
and information given by the opponent No. 1, the persons deputed by the opponent No. 2 put the
machine in order and it started working.
11. That, however, only a week, the said washing machine started to run down every now and
then, and when this fact was reported and brought to the notice of the opponent No. 1, no proper
attention was paid by the concerned persons who were told to be responsible for such repairs and
services.
Legal Drafting 337
12. That since it was found by the complainant that the said washing machine would not work
properly on account of its malfunctioning, he requested the opponent No. 1 to replace the said
washing machine by a new one, the opponent No. 1 arranged to receive and tack it back and also
send to the opponent No. 2 for replacement.
13. That, thereafter, the complainant time and again requested the opponent No. 1 to expedite
the matter of replacement, but neither the opponent No. 1 nor the opponent No. 2 did anything in
the matter, and thus, the complainant was to suffer the total loss and damage.
14. That the complainant also served on the opponents a notice, dated
, calling upon them to comply with the demands made therein
by the complainant, and the opponents did not do so, and hence, this complaint. Hereto annexed
and marked as Exhibit 'D' is a copy of the said notice served on the opponents.
15. That the complainant submits that the general conduct, behaviour and treatment meted out
to the complainant by both the opponents, there was a tremendous mental tension caused to the
complainant, he has also pass through mental agony.
16. That the complainant submits that he has lost not only money but he has also suffer
excruciating mental tensions and tortures for no fault of his.
17. That under the circumstances and in the in the interest of justice, the opponents be directed
to refund to the complainant the total price of the said Washing Machine amounting to Rs. 15,560/-
(Rupees Fifteen Thousand Five Hundred Sixty Only) and the compensation of Rs. 15,000/- (Rupees
Fifteen Thousand Only) for the loss, injury, mental tensions and tortures caused to the complainant.
18. That the cause of action arose on inthePune City, and
the value of the said goods sold by the opponents to the complainant being within the limitation of
this Forum, this Hon'ble Forum has jurisdiction to try and decide this complaint.
19. That the complainant submits that he has not filed any such
complaint in any other Forum or court of law.
338 Legal Drafting
20. That the complainant, therefore, prays that the opponents be kindly
directed to pay jointly and severally to the complainant the following

sums of money :
(A) An amount of Rs. 15,560/- as the refund of the price of the said Whirlfool Washing Machine;
(B) An amount of Rs. 15,000/- as compensation for mental tensions, tortures and agony
suffered by the complainant;
(C) An amount of Rs. 2,500/- being the costs of the proceedings including the expenses incurred
in correspondence, notice and travelling.
Pune,
[ Somaji Gomaji Kapse ]
COMPLAINANT
Dated :
ADVOCATE FOR THE COMPLAINANT
VERIFICATION
I, Shri Somaji Gomaji Kapse, the present complainant, do hereby state on solemn affirmation that
the contents of this complaint in paras 1 to 21 are true and correct to the best of my knowledge and
belief, and so I have signed hereunder.
Verified today, dated ...... day of 200... at Pune.
[ Somaji Gomaji Kapse ] COMPLAINANT Enclosures :
"A" To "D" (In Triplicate)
339
78. AN AFFIDAVIT IN SUPPORT OF THE COMPLAINT
BEFORE THE PUNE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT PUNE
Appeal No. 420/2005
Shri Somaji Gomaji Kapse ... Complainant
Versus
M/s B. J. Dhaisas & Company & Another ... Opponents
AFFIDAVIT
I, Shri Somaji Gomaji Kapse, age 33 years, resident of 550 Sadashiv Peth, Pune 411 030, do hereby
state on solemn affirmation as follows :
1. That the complainant purchased from the opponent No. 1 a Whirlfool Washing Machine.
2. That the price of the said Whirlfool Washing Machine is Rs. 15,560/ - (Rupees Fifteen
Thousand Five Hundred Sixty Only).
3. That the said washing machine is a product manufactured by the opponent No. 2.
4. That the opponent No. 1 claims that the electrical and electronics articles produced and
manufactured by them are of the highest quality, and the opponent No. 1, as per the scheme, public
announcement and written warranty made by the opponent No. 2, had given a guarantee of the said
washing machine for a period of seven years from the date of its purchase.
5. That the opponent No. 1 issued a warranty card bearing its stamp as well as signature.
6. That before using the said washing machine, the complainant had gone through the manual
and instructions contained therein.
Legal Drafting
That when the complainant tried to start the said washing machine,
the same could not be started, and the complainant accordingly
reported the matter to the opponent No. 1 for immediate compliance.
That the opponent No. 1 deputed the persons to attend to the fault,
if any, in the said washing machine, but they could not start the
machine, and told that they would again come and do the needful
in the matter.
That, thereafter, in spite of the promise made by the representatives
of the opponent No. 1, nobody turned up for about a fortnight, and
the complainant had to follow up the matter with the opponent No.
1 constantly for no positive response.
That the complainant submits that after about a month or so, as per
the statement made and information given by the opponent No. 1,
the persons deputed by the opponent No. 2 put the machine in order
and it started working.

That, however, only a week, the said washing machine started to run
down every now and then, and when this fact was reported and
brought to the notice of the opponent No. 1, no proper attention was
paid by the concerned persons who were told to be responsible for
such repairs and services.
That since it was found by the complainant that the said washing
machine would not work properly on account of its malfunctioning,
he requested the opponent No. 1 to replace the said washing
machine by a new one, the opponent No. 1 arranged to receive and
tack it back and also send to the opponent No. 2 for replacement.
That, thereafter, the complainant time and again requested the
opponent No. 1 to expedite the matter of replacement, but neither
the opponent No. 1 nor the opponent No. 2 did anything in the
matter, and thus, the complainant was to suffer the total loss and
damage.
That the complainant also served on the opponents a notice, dated
calling upon them to comply with the demands made therein
by the complainant, and the opponents did not do so, and hence, this complaint.
Legal Drafting 341
15. That the complainant submits that the general conduct/behaviour and treatment meted out
to the complainant by both the opponents, there was a tremendous mental tension caused to the
complainant, he has also pass through mental agony.
16. That the complainant submits that he has lost not only money but he has also suffer
excruciating mental tensions and tortures for no fault of his.
17. That under the circumstances and in the in the interest of justice, the opponents be directed
to refund to the complainant the total price of the said Washing Machine amounting to Rs. 15,560/-
(Rupees Fifteen Thousand Five Hundred Sixty Only) and the compensation of Rs. 15,000/- (Rupees
Fifteen Thousand Only) for the loss, injury, mental tensions and tortures caused to the complainant.
18. That the cause of action arose on in the Pune City, and
the value of the said goods sold by the opponents to the complainant being within the limitation of
this Forum, this Hon'ble Forum has jurisdiction to try and decide this complaint.
19. That the complainant submits that he has not filed any such
complaint in any other Forum or court of law.
knowledge and belief, and so I have signed hereunder at Pune this day
of 200
[ Somaji Gomaji Kapse ] COMPLAINANT
342
79. APPEAL TO THE STATE COMMISSION
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION
AT MUMBAI (APPELLATE JURISDICTION)
Appeal No. /200...
Shri Ayaram Gayaram Rajkarane, )
age 63 years. Occupation - business, }
resident of 330 Narayan Peth, )
Pune 411 030. )
Appellant
Versus
1. M/s B. J. Dhaisas & Company, 1122 J. M. Road, Shivajinagar, Pune 411 004.
2. M/s Whirlfool Public Limited, Pune-Nagar Road, Ranjangaon, Taluka Shirur, District Pune.
Respondents
AN APPEAL U/S 14 OF THE CONSUMER PROTECTION ACT 1986
The appellant abovenamed submits this appeal against the order passed by the Pune District
Consumer Disputes Redressal Forum, Pune, under Section 14 of the Consumer Protection Act 1986,
praying to state as follows :
1. That the complainant had purchased from the respondent No. 1 a Whirlfool Washing
Machine manufactured by the respondent No. 2.
2. That the price of the said Whirlfool washing machine was Rs. 15,000/- (Rupees Fifteen
Thousand Only).
Legal Drafting 343
3. That the respondent No. 1 claimed that the electrical and electronics articles sold by them
were of the highest and export quality, and the respondent No. 1, as per their scheme, public
announcement and written warranty made by the respondent No. 2, had given a guarantee of the
said washing machine for a period of seven years from the date of its purchase.
4. That the respondent No. 1 had issued a warranty card bearing its stamp, seal and signature.
5. That before using the said washing machine, the appellant had gone through the manual
and instructions contained therein, but when the appellant tried to start the said washing machine,
the same could not be started, and the appellant accordingly reported the matter to the respondent
No. 1 for immediate compliance.
6. That the respondent No. 1 had deputed the persons to attend to the fault, if any, in the said
washing machine, but they could not start the machine, and told the appellant that they would again
come and do the needful in the matter.
7. That, thereafter, in spite of the promise made by the representatives of the respondent No.
1, nobody turned up for about a fortnight, and the appellant had to follow up the matter with the
respondent No. 1 constantly for no positive response.
8. That the Honourable Learned District Forum at Pune decided the said complaint, and the
Honourable Trial Forum was pleased to dismiss the complaint of this appellant.
BEING AGGRIEVED BY AND DISSATISFIED WITH the order, dated
passed in the consumer complaint No , by the Hon'ble
District Forum at Pune, the present appellant prefers this appeal against the same on the following
amongst the other grounds of objections thereto:
1. That the Honourable Learned Forum has not followed the proper procedure, and this has
resulted into miscarriage of justice.
2. That the orders passed by the Honourable Learned Forum are violative of the principles of
justice, equity and good conscience.
344 Legal Drafting
11. That the orders passed by the Honourable Learned Forum are contrary to the provisions of
law and the principles of natural justice.
12. That the Honourable Learned Forum has failed to consider the evidence on record in a
judicious manner.
13. That the findings arrived by the Honourable Learned Forum are not supported by the
evidence on record.
Honourable Learned Forum.
15. That the case was involving highly technical issues requiring interpretation of the orders and
the provisions of law, and in the circumstances, the Honourable Learned Forum ought to have
allowed the parties to be represented by their lawyers.
16. That the Honourable Learned Forum has misunderstood and misconstrued the facts of the
case.
17. That the Honourable Learned Forum has not framed proper issues.
18. That the appellant submits that the Honourable Learned Forum has not taken into
consideration the fact that after about a month or so, as per the statement made and information
given by the respondent No. 1, the persons, who were deputed by them anyhow put the machine in
order, but the same could not, in fact, work property and satisfactorily.
19. That the Honourable Learned Forum has also not considered the objection of the appellants
that the washing machine never functioned or worked upto the mark or to the satisfaction of the
appellant.
20. That the Honourable Learned Forum has not recorded the finding that the malfunctioning of
the washing machine was only account
of the manufacturing defect.
21. That the Honourable Learned Forum ought to have awarded the
compensation and also the costs to this appellant for the very simple
reason that the said washing machine could not function well only
due to the manufacturing defect, and hence, the appellant was

entitled to claim the amounts of compensation as well as costs.
Legal Drafting 345
22. That the Honourable Learned Forum was not at all justified in dismissing the complaint of
this appellant.
23. That the order of the Honourable District Forum is against the facts of the case and the
relevant law.
24. That That the decision of the Honourable District Forum is dated
while its certified copy was applied for on , the
same was delivered the same day, and hence, this appeal filed today is well within limitation.
25. That the appellant, therefore, prays that -
(B) The order of the Honourable District Forum be set aside and quashed;
(C) It be declared that the respondents are liable to pay unto this appellant the amounts of
compensation and costs; and
(D) Any other orders in the interest of justice be kindly passed, for which act of grace and
favour, these appellants as bounden in duty shall ever pray.
Mumbai,
[ Ayaram Gayaram Rajkarane ] APPELLANT
Dated
ADVOCATE FOR THE APPELLANT
VERIFICATION
I, Shri Ayaram Gayaram Rajkarane, the present appellant, do hereby verify that the contents of this
memorandum of appeal are true and correct to the best of my knowledge and belief.
Verified today, dated day of 200... at Mumbai.
[ Ayaram Gayaram Rajkarane ] APPELLANT

346 Legal Drafting
80. AN AFFIDAVIT BY WAY OF EXAMINATION-IN-CHIEF IN A CRIMINAL COMPLAINT
Criminal Complaint No. 1000/200....
Shri A. ..P. .. P. .. Complainant
versus
Smt. P...D...M.. ...Accused
AFFIDAVIT
I, Shri APP, age 65 years, occupation - pensioner, resident of Rajeshwari Griha Rachana Sanstha, Plot
No. 999, Katraj, Pune 411 046, do hereby state on solemn affirmation as follows :
1. That the complainant is a resident of the withinmentioned ad¬dress, and he is a retired

employee of the Government of Maharashtra.
2. That the accused has been running her business under the name and style as M/s Aum
Shree Tours & Travels at the abovementioned address.
3. That the husband of the accused, Shri DKM, had acquaintance with the complainant for a
long time and thereby close friendship was developed between them.
4. That on account of such friendship between the husband of the accused and this
complainant, she came to be known by this complainant and as such, both of them demanded this
complain¬ant to pay an amount of Rs. 1,00,000/- for the expansion of their tours and travels
business.
5. That taking into consideration the friendly relationship between the complainant and the
husband of the accused, the complainant paid unto the accused an amount of Rs. 1,00,000/- in cash,
as detailed below :
Legal Drafting
347
Sr. No. Amount'(in Rs. Date of Payment
1. Rs. 50,000/- ... 15.12.200..

2 Rs. 50,000/- ... 20.12.200..
TOTAL Rs. 1,00,000/- (Rupees One Lac Only)
6. That at the time of the payment of the said amounts made by the complainant to the
accused, she had promised the accused that the amount paid to her by the complainant would be
repaid and refunded to the complainant within a short time, say within a year or so.
7. That in spite of the promise to return the said amount unto the complainant, she failed to do
so, and at the time of every demand made to her, she has only gone to postpone the promises.
8. That with a view to making the repayment of the said amount unto the complainant, the
accused finally issued in his favour a cheque bearing No. 055555, dated 15.7.200..., for Rs. 50,000/-,
drawn on the Vidya Sahakari Bank Limited, Aundh Branch, Pune 411 007.
9. That when the complainant presented the said cheque to his bank, Cosmos Cooperative
Bank Limited, Laxmi Road Branch, Pune 411 030, on 15.7.200.., the said Bank returned the said
cheque with remarks 'Refer to drawer'.
10. That in the mean time, the husband of the accused had already contacted the complainant
with a request to re-present the said cheque to the Bank, saying that there was no necessary
balance in the account of the accused and that immediate arrangements would be made so as to
clear the said cheque in favour of the complainant.
11. That accordingly the complainant again presented the said cheque to the Bank for
encashment on 25.7.200.., but the said cheque was dishonoured.
12. That from the total behaviour on the part of the accused with respect to the said
transaction, the complainant had come to a
348 Legal Drafting
tacit conclusion that when the Bank of the complainant had returned the said cheque to the
complainant, while issuing the said cheque, the accused already had dishonest intention to cheat the
complainant of the said amount, and it was also a case of 'Dishonoured for insufficient balance'.
13. That, thus, the cheque which was issued by the accused in discharge of her liability has been
dishonoured for the reason of insufficiency of funds.
14. That since then, the complainant has been making efforts to contact the accused and her
husband personally, but none of them could be available anytime anywhere, and hence, the
complainant has come to the final conclusion that the accused had some ulterior motive to the
effect that the accused is not sincere in making the repayment of the amount taken by her from the
complainant.
15. That from the total behaviour on the part of the accused, the complainant has drawn a clear
inference that she has done so with a view to deceiving and cheating the complainant, and she did
not bother either for the dishonour of cheque or then making herself available immediately.
16. That it also appears that tue intentions of the accused were not good when she issued the
said cheque for the amount which she did not have in her account, and since she knew it very well,
she has tried to commit not only a civil breach but also a criminal offence within the provision,
meaning and interpretation of civil as well as criminal law.
17. That since the said cheque has been dishonoured for the reason of 'Insufficiency of fundsi,
she may be held liable civilly as well as criminally particularly under section 420 of the Indian Penal
Code 1860, section 138 of the Negotiable Instruments Act 1881 and provisions of the Code of
Criminal Procedure.
18. That with a view to recovering the said amount of money from the accused, a statutory
notice was served on her on 10.8.200...,
Legal Drafting 349
which was returned unserved with the postal remarks 'Not claimed - Returned to Sender'.
19. That the complainant submits that as per the provisions of the Negotiable Instruments Act,
necessary notice was served on the accused within the time limit, but the accused knowingly
avoided the service thereof, and hence, this complaint.
20. That the complainant submits that the accused received the said amount of Rs. 1,00,000/-
from this complainant on the condition to return and refund the same within a short time, which she
did not do.
21. That this complainant also submits that only by way of and towards her legal liability, the
accused issued the said cheque for Rs. 1,00,000/- to the complainant, which was dishonoured, and
22. That after the return of the said cheque duly dishonoured, this complainant made several
requests and demands to the accused, but she kept him always tantalising without making the
payment of any amount.
23. That the complainant does hereby reiterate that the cheque which was issued by the
accused in discharge of her liability had been dishonoured for the reason of insufficiency of funds in
her ac¬count.
24. That the cause of action for this complaint first arose on 15.7.200.. and again on 20.7.200..,
and necessary notice was sent on the accused on 10.8.200.., the same was returned with postal
remarks 'Not Claimed - Returned to Sender' on 20.8.200... and hence, this complaint filed today
being beyond limitation a separate applica¬tion, justifying the delay has also been submitted in this
Hon'ble Court.
25. That the offence has been committed by the accused within the local limits of the
jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this
complaint.
350 Legal Drafting
WHATEVER stated above in paras 1 to 25 is true and correct to the
this day of 200
Pune [ A. . . P . . . .P . . . .]
COMPLAINANT
Dated :
I know the complainant
PART - V
CONVEYANCING
AND
DRAFTING OF DEEDS
& DOCUMENTS
351
353
81. CONVEYANCING DEEDS
Deed Poll Indenture

(1) Unilateral (1) Multilateral
(2) Written in the (2) Written in the
First Person Third Person
(a) Affidavits (a) Agreement to Sell
(b) Power of Attorney (b) Sale-Deed
(i) Special Power of Attorney (c) Gift-Deed
(ii) General Power of Attorney (d) Adoption-Deed
(e) Partnership-Deed
Uni = One; Multi = Many (f) Partition-Deed
Lateral = Sides. (g) Mortgage-Deed
(h) Lease Deed
PARTIES TO THE DEEDS :
(i) Affidavit _ Affiant
(ii) Power of Attorney _ Principal - Attorney
(iii) Will/Codicil _ Testator/Testatrix - Beneficiary
(iv) Sale _ Vendor - Purchaser
(v) Gift _ Donor- Donee
(vi) Adoption _ Natural Father - Natural Mother
Adoptive Father
(vii) Partnership _ Party Numbers
(viii) Partition _ Party Numbers
(ix) Mortgage _ Mortga igor - Mortgagee
(x) Lease _ Lessor - Lessee
To convey means to give to somebody full legal rights in land or building, i.e. Real Property = Land
and Building.
Conveyance = a document conveying property.
Legal Drafting
A conveyance can be divided into the following parts :
Title, Place and Date.
Parties, e.g. Vendor and Purchaser.
Recitals - Narrative : All the facts should be recited to show the title
to the property: Starting with the Word WHEREAS (means considering
that).
Consideration - (i) Earnest Money, (ii) Balance of Purchase-Price or
Remainder of Consideration.
Receipt - by the Vendor unto the Purchaser.
The Operative Part (Testatum Clause) - NOW, THIS DEED WITNESSES
as follows :
(1) In pursuance of the agreement, dated ,
The parcels, general words and all estate - All that piece and parcel
of land together with the old structure standing thereon
Hebendum Clause - TO HAVE AND TO HOLD. Declaration of uses - UNTO the purchaser FOR EVER.
Possession Clause - The vendor has today put the purchaser in
actual and physical possession of the said property
Covenants of Title -
(i) Right to Convey : Clear, clean and marketable title.
(ii) Free from encumbrances.
(iii) Further assurance : The vendor has not agreed to sell the said
property to any person other than the present purchaser. Income-Tax clearance u/s 230-A of the
Income Tax Act and other exemptions and permissions such as under the Urban Land (Ceiling &
Regulation) Act 1976, etc.
Testimonium Clause - IN WITNESS WHEREOF
The Schedule of the Property - All that piece and parcel of land
Execution Clause - Signed, Sealed and Delivered.
355
82. AGREEMENT TO SELL
THIS AGREEMENT TO SELL made at Pune this _ day of 200_
BETWEEN
Shri A B C , age 40 years, occupation - agriculture, resident
of 150 Hadapsar, Pune 411 028, hereinafter called the VENDOR, (which expression shall, unless
repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the
One Part .
AND
Shri X Y Z , age 50 years, occupation■- agriculture, resident
of 75 Hadapsar, Pune 411 028, hereinafter called the PURCHASER, (which expression shall, unless
Other Part.
WHEREAS the property bearing Plot No. 15, out of Survey No. 150, of the revenue village Hadapsar,
Taluka Haveli, District Pune, described in further details in the schedule hereunder, is owned and
possessed by the present vendor;
AND WHEREAS the vendor decided to sell and dispose of the said property;
AND WHEREAS the purchaser approached the vendor with such a proposal to purchase and acquire
the said property;
AND WHEREAS the purchaser has offered the best of the possible terms unto the vendor;
AND WHEREAS the vendor has agreed to sell, transfer and convey the said property unto the
purchaser;
AND WHEREAS the parties hereto have worked out the terms and conditions of their agreement and
also decided to reduce the same into writing;
NOW, THIS DEED WITNESSES, and it is hereby mutually agreed by and between the parties as follows
: 1. That the vendor does hereby agree to sell, transfer and convey his
property bearing Plot No. 15, out of Survey No. 150, of the revenue
village Hadapsar, Taluka Haveli, District Pune, described in further
details in the schedule hereunder, unto the purchaser for and at a
356 Legal Drafting
price of Rs. 2,50,000/- of which the purchaser has today paid unto the vendor a sum of Rs. 50,000/-
by cheque/demand draft bearing
No. , dated , drawn on the Bank of Maharashtra,
Branch, the receipt whereof the vendor does hereby acknowledge unto the purchaser, and the
balance of the purchase-price, i.e. Rs. 2,00,000/- shall be payable by the purchaser unto the vendor
at the time of the execution of sale-deed and final conveyance.
2. That the vendor does hereby assure unto the purchaser that he, the vendor, has a clean,
clear and marketable title to the said property, and that he has neither subjected the same to any
encumbrance whatsoever, nor is it a subject-matter of any pending litigation, requisition or
acquisition proceedings.
3. That the vendor further assures unto the purchaser that he, the vendor, has not agreed or
entered into any agreement to sell the said property to any person other than the present
purchaser.
4. That the vendor also assures unto the purchaser that all the taxes, cesses, charges and
assessments payable in respect of the said property have been duly paid out by the vendor
uptodate, and those accruing and becoming due hereafter shall be borne out by the purchaser.
5. That the vendor shall apply for, obtain and furnish unto the purchaser all the necessary
permissions, exemptions and clearances under the provisions of the Urban Land (Ceiling &
Regulation) Act 1976, the Income Tax Act 1961, or any other laws in force from time to time.
6. That all the expenses of stamp duty and registration charges shall be borne out by the
purchaser alone.
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of land situate
within the Registration Division & District Pune, Sub-Division & Taluka Haveli, within the local limits
of the Pune Municipal Corporation, revenue village Hadapsar, bearing Plot No. 15, out of Survey No.
150, admeasuring 2000 sqft or thereabouts, and bounded by as follows :
Legal Drafting 357
On or towards the East _ Plot No. 16,
On or towards the South _ Plot No. 18,
On or towards the West _ Public Road> and
On or towards the North _ Nullah.
IN WITNESS WHEREOF the parties hereto have signed hereunder at Pune the date first
abovementioned.
Sd/- ABC VENDOR
Sd/- XYZ
Witnesses : PURCHASER
I. Sd/- x X x
2. Sd/-xXx
358
83. AGREEMENT TO SELL
THESE ARTICLES OF AGREEMENT TO SELL made at Rajgurunagar (Khed) this _ day of 200_
BETWEEN
1. Shri D E F , age 40 years, occupation - business,
2. Shri G H I , age 35 years, occupation - service,
2. Shri D E F ., age 30 years, occupation - business,
all residents of Alandi, Taluka Khed, District Pune, hereinafter called the VENDORS, (which
expression shall, unless repugnant to the context, mean and include their heirs, executors,
administrators and assigns) of the One Part
AND
Shri G H I , age 50 years, occupation - agriculture and
business, resident of 750 Deccan Gymkhana, Pune 411 004, hereinafter called the PURCHASER,
(which expression shall, unless repugnant to the context, mean and include his heirs, executors,
administrators and assigns) of the Other Part.
WHEREAS the property bearing Survey No. 250, of the revenue village Alandi, Taluka Khed, District
Pune, described in further details in the schedule hereunder and referred to as "the said property",
is owned and possessed by the present vendors;
AND WHEREAS the vendors intended to dispose of the said property;
AND WHEREAS the purchaser herein being interested in purchasing the said property approached
the vendors with such a proposal to purchase and acquire the said property;
AND WHEREAS the vendors have found the terms and conditions offered by the purchaser to be
most competitive;
AND WHEREAS the vendors have agreed to sell, transfer and convey the said property unto the
purchaser;
Legal Drafting 359
:
1. That the vendors herein do hereby agree to sell, transfer and convey his property bearing
Survey No. 250, of the revenue village Alandi, Taluka Khed, District Pune, described in further details
in the schedule hereunder and referred to as "the said property" in favour of the purchaser for and
at a price of Rs. 5,25,000/- of which the purchaser has today paid unto the vendors byway of earnest
money and a part payment a sum of Rs. 25,000/- in cash, the receipt whereof the vendors do hereby
jointly and severally acknowledge unto the purchaser, and the balance of the purchase-price, i.e. Rs.
5,00,000/- shall be paid by the purchaser unto the vendors at the time of the execution of sale-deed.
2. That the vendors shall apply for obtaining NA permission from the Competent Authority, and
the proposed sale-deed shall be executed only on the grant of the said NA permission in respect of
the said property.
3. That the vendors do hereby agree and undertake to sign all the
necessary applications, statements, declarations, undertakings,
indemnity bonds, affidavits, and such other documents and papers
as may be required to be made and submitted to the authorities
concerned for obtaining NA permission or any other exemptions in
respect of the said property.
4. That all the expenses on account of the NA conversion taxes, so also lawyer's fees, stamp
duty and registration charges shall be borne out and paid by the purchaser alone.
5. That the vendors.do hereby undertake to execute an irrevocable power of attorney in favour
of the purchaser, authorising the purchaser to prepare, submit and process the applications and sign
the same for the purpose of obtaining NA permissions and exemptions, as aforesaid.
360 Legal Drafting
6. That the vendors reserve unto themselves a right to have a way along the western boundary
of the width as per the TP scheme in respect of the said property.
7. That the vendors do hereby assure unto the purchaser that they, the vendors, have a clean,
clear and marketable title to the said property, and that he has neither subjected the same to any
acquisition proceedings, and that the vendors have the absolute right to transfer and convey the
same.
8. That the vendors further assures unto the purchaser that they, the vendors, have not agreed
or entered into any agreement to sell the said property to any other person except the present
purchaser.
9. That the vendors also assure unto the purchaser that all the taxes, cesses, charges and
uptodate, and the purchaser shall be responsible and liable to pay the same hereafter.
10. That the vendors do hereby undertake to apply for, obtain and furnish unto the purchaser all
the necessary permissions, exemptions and clearances under the provisions of the taxation laws or
any other laws in force from time to time.
11. That the period for the completion of this transaction has been fixed at three months from
the date of these presents, or the grant of the NA permission, whichever is later.
within the Registration Division & District Pune, Sub-Division & Taluka Khed, within the local limits of
the Pune Zilla Parishad, revenue village Alandi, bearing Survey No. 250, admeasuring 10,000 sqft or
thereabouts, and bounded by as follows :
Legal Drafting 361
On or towards the East _ Survey No. 201,
On or towards the South _ Survey No. 203,
On or towards the West _ Public Road, and
abovementioned.
1. Sd/- D E F_
2. Sd/- G H I_
3. Sd/- D E F_
VENDORS
Sd/- G __ H _ I _
Witnesses : PURCHASER
1. Sd/-xXx
2. Sd/-xXx
362
84. SALE-DEED
THIS DEED OF SELL made at Pune this _ day of 200_
BETWEEN
Shri A B C , age 40 years, occupation - agriculture, resident
of 150 Hadapsar, Pune 411 028, hereinafter called the VENDOR, (which expression shall, unless
One Part
AND
Shri X Y Z , age 50 years, occupation - agriculture, resident
of 75 Hadapsar, Pune 411 028, hereinafter called the PURCHASER, (which expression shall, unless
Other Part.
the said property;
purchaser;
AND WHEREAS the parties hereto have entered into an agreement
to sell, on , in respect of the said property;
AND WHEREAS in pursuance of the said agreement to sell, dated
, the parties hereto have decided to complete the said transaction;
NOW, THIS DEED WITNESSES as follows :
1. That in pursuance of the agreement to sell, dated , the
vendor does hereby sell, transfer and convey his property bearing
Plot No. 15, out of Survey No. 150, of the revenue village Hadapsar,
Taluka Haveli, District Pune, described in further details in the
Legal Drafting 363
schedule hereunder, unto the purchaser TO HAVE AND TO HOLD the same FOR EVER as the owner
thereof.
2. That byway of consideration for the said sale, transfer and conveyance,
the purchaser had paid at the time of the execution of the said
agreement to sell, dated , towards earnest money and part
payment a sum of Rs. 50,000/-, and the remaining balance of Rs. 2,00,000/- has today been paid by
the purchaser unto the vendor, the receipt whereof the vendor does hereby acknowledge unto the
purchaser, and the vendor does hereby declare and confirm that now nothing is due from the
purchaser.
3. That the vendor has today put the purchaser in actual possession of the said property.
4. That the vendor does hereby declare and confirm that he, the vendor, shall not have any
right, title or interest in or over the said property or any part thereof.
5. That the purchaser shall get his name entered in the record of rights in respect of the said
property.
6. That the vendor does hereby assure unto the purchaser that the vendor has a clean, clear
and marketable title to the said property, and that he has neither subjected the same to any
encumbrance whatsoever, nor is it a subject matter of any pending litigation, requisition or
acquisition proceeding.
7. That the vendor has applied for, obtained and furnished unto the purchaser all the necessary
permissions, exemptions and clearances under the provisions of law in force.
uptodate, and those accruing and becoming due hereafter shall be borne out by the purchaser.
9. That as agreed by and between the parties hereto, all the expenses
of stamp duty and registration charges have been borne out by the
purchaser.
364 Legal Drafting

of the Pune Municipal Corporation, revenue village Hadapsar, bearing Plot No. 15, out of Survey No.
150, admeasuring 2000 sqft or thereabouts, and bounded by as follows :
abovementioned.
Sd/- ABC VENDOR
Sd/- XYZ
Witnesses: PURCHASER
1. . Sd/- xXx
2. .Sd/-xXx
365
85. DEED OF SALE
THIS INDENTURE OF SALE made and executed at Rajgurunagar (Khed) this _ day of 200_
BETWEEN
Smt. S R R , age 55 years, occupation -
agriculture, resident of 100 Bhandarkar Institute Road, Pune 411004, hereinafter called the VENDOR,
(which expression shall, unless repugnant to the context, mean and include her heirs, executors,
AND
1. Shri ■ B K K , age 50 years, occupation - business,
resident of 777 Deccan Gymkhana, Pulachiwadi, Pune 411004, and
2. Shri C T D , age 55 years, occupation - business,
resident of 999 Sadashiv Peth, Pune 411 030, hereinafter called the PURCHASERS, (which expression
shall, unless repugnant to the context, mean and include their heirs, executors, administrators and
assigns) of the Other Part.
WHEREAS the property bearing Gat Nos. 180 and 181, of the revenue village Chakan, Taluka Khed,
District Pune, described in further details in the schedule hereunder, originally belonged to one, Shri
GFT and others;
AND WHEREAS the said owners, by a sale-deed, dated , registered
with the office of the Sub-Registrar, Khed, at Sr. No. , transferred and
conveyed the said property in favour of the present vendor; is owned and possessed by the present
vendor;
AND WHEREAS since then, the present vendor has been possessing and enjoying the said property
as the owner thereof;
AND WHEREAS the present vendor has applied for and obtained the
NA permission in the year 200 , vide order bearing No. 2770, dated
200_, issued by the Tahsildar, Khed;
AND WHEREAS has intended to dispose of and transfer the said property for raising funds for her
personal reasons;
366 Legal Drafting
AND WHEREAS the present purchasers approached the vendor with such a proposal to purchase and
acquire the said property and also agreed upon the terms and conditions as worked out by and
between the parties;
AND WHEREAS the parties hereto have decided to reduce into writing the said terms and conditions
of their agreement;
1. That the vendor hereby conveys, sells and transfers unto the present purchasers her
property bearing Gat Nos. 180 and 181 of the revenue village Chakan, Taluka Khed, District Pune,
described in further details in the schedule hereunder TO HAVE AND TO HOLD the same FOR EVER as
the owners thereof.
2. That the purchasers have today paid unto the vendor an amount of Rs. 10,00,000/- by way
of consideration and purchase-price by
cheque No. 6579, dated ____, drawn on the Janata Sahakari
Bank Limited, Laxmi Road Branch, Pune, the receipt whereof the vendor does hereby acknowledge
unto the purchaser, and the vendor hereby declares and confirms that now nothing is due from the
purchasers unto the vendor towards the price-price.
3. That the vendor has assured unto the present purchasers that she, the vendor, has a clean,
clear and marketable title to the said property, and the same is croumbrance-free.
4. That the vendor has also assured unto the purchasers that the said property is neither a
subject-matter of any pending litigation, requisition or acquisition proceedings, and that the vendor
has the absolute right to sell, transfer and convey the same.
5. That the vendor has already paid all the taxes, cesses, charges and assessments payable in
respect of the said property uptodate, and those accruing and becoming due hereafter shall be paid
by the purchasers.
6. That the purchasers are purchasing the said property for using and utilising the same for
industrial purposes, and the purchasers shall be at liberty to have their industrial units on the said
property.
Legal Drafting 367
7. That the said property has been granted the NA permission, and the purchasers shall have
all such rights to put the said property for industrial use.
8. That the vendor has today put the purchaser in actual possession of the said property, and
the purchasers hereby declares and confirms that she, the vendor, shall not have any right, title or
interest in or over the said property or any part thereof.
9. That the purchasers shall get their name entered in the record of rights in respect of the said
property.
10. That the vendor has applied for, obtained and furnished unto the purchasers all the
necessary permissions, exemptions and clearances under the provisions of law in force required for
the due and effective execution of these presents.
9. That as agreed by and between the parties hereto, all the expenses of stamp duty and registration
charges have been borne out by the purchasers alone.
within the Registration Division & District Pune, Sub-Division & Taluka Khed, within the local limits of
the Pune Zilla Parishad, revenue village Chakan, bearing Gat Nos. 180 and 181, respectively
admeasuring 2 hectares and 5 hectares or thereabouts, and bounded by as follows :
[1] Gat No. 180 - On or towards the East _ Gat No. 182,
On or towards the South _ Gat No. 185, On or towards the West _ Public Road, and On or
towards the North _ Nullah. [2] Gat No. 181 - On or towards the East _ Gat No. 180,
On or towards the South _ Gat No. 189,

On or towards the North Gat No. 187.
368 Legal Drafting
IN WITNESS WHEREOF the parties hereto have signed hereunder at Rajgurunagar (Khed) the date
first abovementioned.
Sd/- SRR VENDOR
Sd/- BKK Sd/- CTD PURCHASERS Witnesses :
1. Sd/-xXx
2. Sd/-xXx
369
86. INDENTURE OF SALE
THIS INDENTURE OF SELL made at Pune this _ day of 200_
BETWEEN
1- Smt. K N K , age48years, occupation - agriculture,
2. Shri H ________ N K , age 22 years, occupation
- service, both residents of 111 Kothrud, Pune 411 038, hereinafter
called the VENDORS, (which expression shall, unless repugnant to
the context, mean and include their heirs, executors, administrators
and assigns) of the First Part
AND
Shri C K P , age 35 years, occupation -
business, resident of 222 Kothrud, Pune 411 038, hereinafter called the PURCHASER, (which
expression shall, unless repugnant to the context, mean and include his heirs, executors,
administrators and assigns) of the Second Part
AND
M/s Aum Builders, a partnership firm, registered under the Indian Partnership Act 1932, having its
office at 333 Kothrud, Pune 411 038, acting through its partner, Shri TBD, age 35 years, occupation -
business, resident of 444 Kothrud, Pune 411 038, hereinafter called the CONFIRMING PARTY, (which
expression shall, unless repugnant to the context, mean and include the said firm, its present and
future partners, their heirs, executors, administrators and assigns) of the Third Part.
WHEREAS the property bearing Survey No. 555 of the revenue village Kothrud, Taluka Haveli, District
Pune, described in further details in the schedule hereunder belongs to the vendors herein;
AND WHEREAS the vendors herein have, by an agreement to sell,
dated , agreed to sell the said property unto the confirming party;
AND WHEREAS there being no other source of income to the family of the vendors;
AND WHEREAS the vendors decided to subject the said property to the provisions of the
Maharashtra Apartment Ownership Act 1970 and to sell the apartments to the to the desirous
tenants, or their nominees;
Drafting - 20
370 Legal Drafting
AND WHEREAS the confirming party has agreed to join this conveyance as the confirming party;
NOW, THEREFORE, in pursuance thereof and in consideration of the total purchase-price of Rs.
12,00,000/- (Rupees Twelve Lac Only) paid to the vendors herein by the purchaser, the vendors
hereby do acknowledge and give full and complete discharge of the same to the purchaser, the
vendors herein hereby sell, grant, convey, transfer and assign to the
purchaser herein all that piece and parcel of premises of Flat No. , i.e.
Apartment No , situate on the floor in the three-storied building built
at the said property and which flat No. , i.e. Apartment No.
has a carpet area of about Sqft or sqm is more fully described
in the schedule annexed hereto along with the right to use the open space adjacent to the building
and the right to use common areas and facilities in common with the other flat-owners, free from all
encumbrances and claims of any kind whatsoever, and the vendors herein do hereby hand
over, convey, grant actual possession of the said Flat No_t , i.e.
Apartment No. , more fully described in the schedule annexed
hereto, the purchaser herein together with all the rights, privileges, easements, appurtenances and
hereditaments belonging to or anywise appertaining thereto together with all the estate, right, title
and interest
of the vendors in the said Flat No. , i.e. Apartment No. , more
fully described in the schedule annexed hereto and the claim and demand whatsoever of the
vendors in the same; AND TO HAVE AND TO HOLD the
said Flat No. , i.e. Apartment No. , and all the premises and
hereditaments thereof and all the rights, title and interest therein hereby granted, sold, conveyed
and transferred fully and absolutely unto the purchaser herein expressed to be UNTO AND YO THE
USE of the purchaser FOR EVER as full and absolute owner thereof subject, however, to the payment
of the rates, taxes and assessments and duties thereafter become payable to the Pune Municipal
Corporation and other local authorities in
respect of the said premises Flat No. , i.e. Apartment No. , more
fully described in the schedule annexed hereto by the purchaser herein.
AND VENDORS HEREIN HEREBY DO COVENANT with the purchaser herein that they, the vendors,
have good absolute and marketable title and
Legal Drafting 371
right to sell, grant, convey and transfer all encumbrances and claims whatsoever, and the purchaser
shall and may at all times hereafter peaceably and quietly enter upon, occupy, possess and enjoy the
premises
of the said Flat No. , Apartment No. , more fully described in the
schedule annexed hereto and the rents and profits and usufruct thereof to and for his own use,
benefit without any suit action, eviction, interruption, claim or demand whatsoever from the
vendors or their predecessors-in-title or any person or persons claiming through him and the
vendors shall keep the purchaser absolutely acquitted and discharged of all such actions or
objections.
AND THE VENDORS DO COVENANT FURTHER with the purchaser herein that the interest and title of
the vendors in the aforesaid Flat No.
, i.e. Apartment No. , more fully described in the schedule
annexed hereto and which is hereby sold, conveyed, transferred and granted absolutely to the
purchaser herein subsists in him and that they,
the vendors, are fully and absolutely owners of the said Flat No. , i.e.
Apartment No. , more fully described in the schedule annexed hereto
standing in the land of Survey No. ■ of the revenue village 555 of the revenue village Kothrud,
Taluka Haveli, District Pune, and that the vendors have all right, title and interest therein and
marketable title to sell, transfer, convey and grant the said Flat No. ______ i.e. Apartment No. _,
described in further details in the schedule hereunder more fully described in the schedule annexed
hereto and hereby sold, conveyed, transferred and granted absolutely to the purchaser herein is
free from all encumbrances, claims and demand whatsoever of any kind and that pertinent
documents and true copies thereof have been delivered to the purchaser herein upon the execution
of these presents.
AND THE VENDORS herein hereby do covenant further with the purchaser herein that the vendors
will give their consent to any application that will be made by the purchaser herein for the entry of
his name in the Apartment Owners' Association that would be formed of the different apartment-
holders in the said building and to get entries effected in the city survey record.
372 Legal Drafting
AND THE VENDORS DO hereby reserve to themselves the right to
construct on the floor over the porch, i.e. above the Apartment
No. and sell the same to the purchaser of their choice on the terms
and conditions deemed proper by them or otherwise to enjoy the same, and in that event, such
apartment shall become part and parcel of the scheme, and such owner thereof shall become
entitled to the rights in proportion
of its area and the said proposed Apartment No., i.e. family unit No.
AND THE PURCHASER does herein hereby covenant and undertake to become a member of the
covenant and undertake to become a member of the proposed Association of flat-owners in the said
building as per the provisions of the Apartment Ownership Act 1970 and the rules made thereunder
and to fulfil and discharge all his liabilities as such.
PAYMENT OF CONSIDERATION :
Rs. __.
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO :
All that piece and parcel of land situate within the Registration Division & District Pune, Sub-Division
& Taluka Haveli, within the local limits of the Pune Municipal Corporation, revenue village Kothrud,
bearing Survey No. 555, admeasuring 12,000 sqft or thereabouts, and bounded by as follows :
On or towards the East_ Survey No. 556,
On or towards the South _ Survey No. 558,

Legal Drafting 373
abovementioned.
Sd/- KNK Sd/- HNK VENDORS
Sd/- CKP PURCHASER
Sd/- TBD
CONFIRMING PARTY Witnesses:
1. Sd/- xXx
2. Sd/-xXx
374
87. GIFT-DEED
HIGHLIGHTS
1. Under section 122 of the Transfer of Property Act, "Gift" is the transfer of certain existing
movable or immovable property made voluntarily and without consideration, by one person called
the donor, to another person called the donee and accepted by or on behalf of the donee.
2. The distinction between a conveyance and a gift lies in the nature of consideration. In
respect of a conveyance, there is consideration by way of money, while in the case of a gift, the
consideration is natural love and affection.
3. In the case of a conveyance, an immovable property is conveyed by the vendor unto the
purchaser on the payment of a price of that property. Therefore, normally the consideration is
money only. However, in the case of a gift, the consideration is natural love and affection which the
donor bears towards the donee.
4. The gift be accepted by the donee, and unless the done is ready and willing to accept the
gift, if made out to him by the donor, there can be no valid transfer of the property gifted.
5. The donor can made a gift of his property only, if he holds and owns the same byway of self-
acquisition, and the property should be self-acquired one. No gift can be made in respect of
ancestral properties.
Legal Drafting 375
GIFT-DEED THIS DEED OF GIFT made at Pune this _ day of 200_ BETWEEN
Shri A B G , age 70 years, occupation -

pensioner, resident of 75 Kothrud, Pune 411 038, hereinafter called the DONOR, (which expression
shall, unless repugnant to the context, mean and include his heirs, executors, administrators and
assigns) of the One Part AND
Shri X Y Z , age 25 years, occupation - service, resident
of 150 Kothrud, Pune 411 038, hereinafter called the DONEE, (which expression shall, unless
Other Part.
WHEREAS the property bearing Plot No. 75, out of Survey No. 50, of the revenue village Kothrud,
possessed by the present donor;
AND WHEREAS the done is a grandson, i.e. daughter's son, of the donor;
AND WHEREAS the donor bears natural love and affection for the donee;
AND WHEREAS out of such natural love and affection, the donor has decided to make a gift of the
said property unto the donee;
AND WHEREAS the donee is ready and willing to accept the gift of the said property, if made out by
the donor;
1. The donor out of his natural love and affection for the donee does make a gift of the
property bearing Plot No. 75, out of Survey No. 50, of the revenue village Kothrud, Taluka Haveli,
District Pune, described in further details in the schedule hereunder, unto the donee TO HAVE AND
TO HOLD the same absolutely and FOR EVER as the owner thereof.
2. That the donee does hereby accept the said gift made out to him by the donor.
376 Legal Drafting
3. That the donee shall get his name entered in the record of rights in respect of the said
property.
4. That the donor does hereby declare and confirm that he, the donor, shall not have any right,
title or interest in or over the said property or any thereof.
5. That the donor does hereby assure unto the donee that he, the donor, has a clean and clear
title to the said property, and the same is free from encumbrances, and also that the said property is
neither a subject-matter of any pending litigation, nor that of acquisition or requisition proceedings.
6. That the donor also assures unto the donee that all the taxes, cesses, charges and
assessments payable in respect of he said property have been duly paid out by the donor uptodate,
and those accruing and becoming hereafter shall be borne out by the donee.
7. . That all the expenses of stamp duty and registration have been borne
out by the donor alone.
of the Pune Municipal Corporation, revenue village Kothrud, bearing Plot No. 75, out of Survey No.
50, admeasuring 3,500 sqft or thereabouts, and bounded by as follows :
On or towards the East _ Plot No. 16, On or towards the South _ Plot No. 18, On or
towards the West _ Public Road, and On or towards the North _ Nullah.
abovementioned.
Sd/- ABC DONOR Sd/- XYZ DONEE Witnesses :
1. Sd/-xXx
2. Sd/- xXx
Legal Drafting 377
GIFT-DEED
THIS DEED OF GIFT made at Pune this _ day of 200_
BETWEEN
Shri P P C , age 55 years, occupation - business, resident
of 1750 Sadashiv Peth, Pune 411 030, hereinafter called the DONOR, (which expression shall, unless
One Part
AND
Shri A R C ., age 30 years, occupation - business, resident
of 1570 Narayan Peth, Pune 411 030, hereinafter called the DONEE, (which expression shall, unless
Other Part.
WHEREAS the property bearing Final Plot No. 45, out of Shivajinagar, Pune City, described in further
details in the schedule hereunder, was owned and possessed by the present donor and his brother;
AND WHEREAS out of the said property, the northern portion admeasuring about 1,200 sqm is
owned by the present donor;
AND WHEREAS the donee is a nephew of the donor;

AND WHEREAS the donor had intended to make a gift unto the donee in the year 2000;
AND WHEREAS the donor had accordingly put the donee in actual possession of the said property;
AND WHEREAS the donee, out of his own funds, constructed on the part of the said property a
bungalow;
AND WHEREAS a regular gift-deed could not be executed and registered because of the personal as
well as legal difficulties;
AND WHEREAS the parties considered it fit to execute a regular gift-deed;
AND WHEREAS the donor bears natural love and affection for the donee;
AND WHEREAS out of such natural love and affection, the donor has decided to make a gift of the
said property unto the donee;
378 Legal Drafting
AND WHEREAS the donee is ready and willing to accept the gift of the said property, if made out by
the donor;
1. The donor does hereby transfer and convey unto the present donee out of natural love and
affection the property bearing Final Plot No. 45, out of Shivajinagar, Pune City, described in further
details in the schedule hereunder TO HAVE AND TO HOLD the same absolutely and FOR EVER as the
owner thereof.
2. That the donee hereby accepts the said gift made out to him by the donor.
3. That the building standing on the said property is already owned by the donee, and, thus,
the gift consists of land only.
3. That the donee shall get his name entered in the record of rights in respect of the said
property.
4. That the donor does hereby declare and confirm that he, the donor, shall not have any right,
title or interest in or over the said property or any thereof.
6. That the donor also assures unto the donee that all the taxes, cesses, charges and
assessments payable in respect of he said property have been duly paid out by the donor uptodate,
and those accruing and becoming hereafter shall be borne out by the donee.
7. That all the expenses of stamp duty and registration have been borne out by the donor
alone.
Legal Drafting 379
of the Pune Municipal Corporation, revenue village Shivajinagar
(Bhamburda), bearing Final Plot No. 45, admeasuring 1,200 sqm, or .
sqft or thereabouts, and bounded by as follows :
On or towards the North _■ Municipal School.
abovementioned.
Sd/- ABC DONOR
Sd/- XYZ
Witnesses : DONEE
1. Sd/-xXx
2. Sd/-xXx
380
88. ADOPTION-DEED
HIGHLIGHTS
There is no law of adoption covering all the people in the country. The Hindu Adoption &
Maintenance Act 1956 deals with adoption by Hindus, Sikhs, Buddhists and Jains only. According to
the provisions of the said Act, only a Hindu child can be adopted by a Hindu. An illegitimate child
cannot be adopted. A person, who has a so, son's son, or son's son by adoption cannot adopt a son.
Once adoption is made, it cannot be cancelled. Normally, the father alone can given his child in
adoption, but the mother's consent is necessary, unless she is insane, a convert or sanyasi. If the
father is dead, insane or convert into another religion, the mother can give the child in adoption with
court's consent. No payment is allowed to be paid in adoption except with the consent of the court
to prevent malpractice. An illegitimate child cannot be adopted. A child must be a Hindu, below the
age 15 years. If the adopter and the child are of the same sex, their age difference should be, at
least, 21 years.
No religious ceremony is necessary, but the actual giving and taking of the child is enough. The court
does not come in the picture. Muslims, Parsis and Christians have no adoption law. The people of
these communities can take children only for foster care.
Legal Drafting 381
ADOPTION-DEED
THIS DEED OF ADOPTION made at Pune this _ day of 200_
BETWEEN
Shri NATFA, age 60 years, occupation - pensioner, resident of 175 Kothrud, Pune 411 029,
hereinafter called the NATURAL FATHER, (which expression shall, unless repugnant to the context,
mean and include his heirs, executors, administrators and assigns) of the First Part
AND
Smt. NATMO, age 50 years, occupation - service, resident of 175 Narayan Peth, Pune 411 030,
hereinafter called the DONEE, (which expression shall, unless repugnant to the context, mean and
include her heirs, executors, administrators and assigns) of the Second Part
AND
Shri ADOFA, age 50 years, occupation - business, resident of 350 Kothrud, Pune 411 029, hereinafter
called the ADOPTIVE FATHER, (which expression shall, unless repugnant to the context, mean and
include his heirs, executors, administrators and assigns) of the Third Part.
WHEREAS the natural father and the natural mother are husband and wife;
AND WHEREAS Master DON, a minor, aged 12 years, is the son of the natural father and the natural
mother;
AND WHEREAS the adoptive father expressed his desire to take Master DON in adoption, which the
natural father and the natural mother have agreed to do;
AND WHEREAS the parties hereto are desirous of recording and reducing down into writing the
terms and conditions of the adoption under these presents;
NOW, THIS WITNESSES as follows : 1. That the natural father has this day given his son, Master
DON, in
adoption to the adoptive father, and the said adoptive father has
taken the said Master DON in adoption. And the said Master Don has
been transferred from the family of his birth to the family of
adoption.
382 Legal Drafting
2. That the party of the second part being natural mother of the said Master DON has
consented to the natural father for giving in adoption their son Master DON to the adoptive father,
which is testified by her being a party hereto and executing these presents.
3. That the ceremony of giving and taking in adoption has been duly performed and carried out
in the presence of near relatives, and the said party hereto of the first part being the natural father
has handed over the said Master DON to the party hereto of the third part being the adoptive
father, and the said party hereto of the third part being the adoptive father has accepted has the
said Master DON as his son which handing-over has been done with the consent of the party hereto
, the second part being the natural mother of Master DON.
4. That the said Master Don will now be known as Master NOD.
abovementioned.
Sd/- NATFA NATURAL FATHER (Party of the First Part)
Sd/- NATMO
NATURAL MOTHER
(Party of the Second Part)
Sd/- ADOFA
ADOPTIVE FATHER
(Party of the Third Part)
Witnesses : ■
1. Sd/-xXx
2. Sd/-xXx
383
89. PARTNERSHIP-DEED
HIGHLIGHTS
1. Partnership is a relation between the persons who have agreed to share the profits of the
business carried on by all or any of them acting for all. The persons, who have entered into
partnership with another, are called individually "Partners" and collectively a "Firm", and the name
in which their business is carried is called the "Firm Name". Where no provision is made by the
contract between the partners for the duration of their partnership, or for the determination of their
partnership, the partnership is "Partnership at will".
2. Partnership may be for a particular venture or undertaking, or may also be for a fixed period.
There may be a provision in the partnership-deed that the partners or some of them would be
entitled to carry on their independent business or there may be a provision that no partner shall
carry on any other business and will devote his time and attention to the partnership business.
3. The partners are bound to carry on the business of the firm to the greatest advantage, to be
just and faithful to each other, and to render true accounts and full information of all things affecting
the firm to any partner or his legal representative.
4. Partner is an agent of the firm for the purpose of business of the firm. Tbi* pinner* are
Jointly and severally liable for all the acts of the firm done wlilie tn*y we partners. A minor Is entitled
to be admitted to the benefits of the partnership with the consent of all the partners A minor' share
is liable for the acts of the firm, but the minor is not personally for any such act. The minor on
attaining the age of majority within six months must elect to become or not to become a partner.
5. No person shall be introduced as a partner into the firm without of all the existing partners.
A partner may retire with the consent of all other partners, or in accordance with an express
agreement by the partners, or where the partnership is at will, by giving a notice m writing to all
other partners of his intention to retire
384
90. PARTNERSHIP-DEED
THIS DEED OF PARTNERSHIP made at Pune this __ day of _ 200 _
BETWEEN
Shri SBJ, age 31 years, occupation - business, resident of 1100 Shivajinagar, Pune 411016,
hereinafter called the PARTY NUMBER ONE, (which express shall, unless repugnant to the context,
mean and include his heirs, executors, administrators and assigns) of the First Part
AND
Shri RMK, age 28 years, occupation - business, resident of 1300 Kasba Peth, Pune 411011,
hereinafter called the PARTY NUMBER TWO, (which express shall, unless repugnant to the context,
mean and include his heirs, executors, administrators and assigns) of the Second Part
AND
Shri SKS, age 30 years, occupation - business, resident of 1400 Kasba Peth, Pune 411011, hereinafter
called the PARTY NUMBER THREE, (which express shall, unless repugnant to the context, mean and
include his heirs, executors, administrators and assigns) of the Third Part.
WHEREAS the parties hereto are young, energetic, enthusiastic and exuberant youths aspiring for
their prosperous future;
AND WHEREAS during the recent past, they have come to grips, developed intimacy and thought of
some business to be done by them;
AND WHEREAS the parties hereto have proposed and fervently
decided to give a thought to such ideas on their part for finding out a
propitious start to their future; °
AND WHEREAS the parties hereto have accordingly decided to carry on the business of promoters,
developers, builders, contractors and engineers in a partnership;
:
Legal Drafting 385
1. That the parties hereto do hereby enter into a partnership and constitute themselves into a
firm.
2. That the name of the firm shall be M/s Aum Chaitanya Promoters & Builders, and the
registered office of the firm shall be at 1300, Kasba Peth, Pune 411011, or at other place as may be
agreed upon and decided by and between the parties.
3. That the objects of the firm shall be :
(a) To purchase and acquire plots of land in and around the city of Pune or elsewhere as may be
mutually agreed upon by the parties;
(b) To execute the schemes of construction of multi-storeyed buildings consisting of residential

flats, commercial shops and units to be sold on ownership basis or otherwise;
(c) To acquire and purchase the old structures and buildings for the purpose of constructing
new buildings thereon;
(d) To undertake the work of construction of houses, bungalows and buildings on contract basis;
(e) To accept and allot such work of construction from or to some other builders or agencies;
(f) To complete the works of construction undertaken by the firm;
(g) To enter into agreements to sell plots of land, residential flats, commercial shops and units;
(h) To purchase and sell residential flats, commercial shops and
units constructed by other builders; (i) To work as technical and labour consultants for others; (j)
To operate as promoters, developers, builders, engineers and
contractors in the field of construction activities, (k) AND GENERALLY to do any and all other allied
business that
may be necessary for effectively carrying out the abovementioned
objects.
4. That all the parties hereto shall contribute the capital, share the
profits and bear the losses equally.
386 Legal Drafting
5. That the partnership shall be at will, and any of the partners may retire from the firm by
giving a six months' notice in writing. However, no existing partner shall retire from the firm unless
and until the satisfactory execution and completion of the first project already undertaken by the
firm.
6. That the firm may admit new partners only with the unanimous consent and acceptance of
all the partners.
7. That the accounting year of the firm shall be according to the financial year commencing on
the first day of the month of April in a year and ending on the thirtyfirst day of the month of March
of the following year.
8. That the firm may open one or more accounts with the banks as may be agreed upon by and
between the parties, and such accounts shall be operated with the joint signatures of any of the two
partners.
9. That the parties hereto as the partners of the firm shall be fully conscientious, and they shall
jointly and severally take all possible care to see that the tenor of the business of their firm being
inchoate should always be smooth and ultimately only profitable.
10. That all the partners shall have perforce to see that during the course of the business of their
firm, everyone of them shall keep away from any kind of atrocities and also that the business of the
firm should be carried on for the benefit of the firm and ultimately for the promotion of their own
welfare, and hence, they shall go the whole hog.
11. That the parties do hereby declare and affirm that during the lifetime of their firm, any of
the existing partners may conduct such a business either independently or in partnership with other
persons, but that shall not affect or come in the way of the business of the firm.
12. That the parties hereto also hereby declare and affirm that insofar as the firm is concerned,
all the transactions shall be in the name of the firm alone, and any private dealing, if indulged into by
anyone of them, shall be at the costs and risks of the said individual in
Legal Drafting 387
his private capacity, and the firm shall neither be liable nor has it any concern with such an illegal
and unauthorised commitment.
13. That in case of any dispute as regards the working of the firm or interpretation of these presents,
the parties hereto do hereby appoint and nominate Shri MLK, 1500 Kasba Peth, Pune 411011, as
their arbitrator and they do hereby further agree and undertake to settle down Such issues by him,
and the decision given by the said arbitrator shall be final, conclusive and binding on all the partners.
IN WITNESS WHEREOF the parties hereto have signed hereunder
at Pune the date first abovementioned.
Sd/- SBJ PARTY NUMBER ONE
Sd/- RMK PARTY NUMBER TWO
Sd/- SKS PARTY NUMBER THREE
Witnesses :
1.
2.
Note : Some more drafts in respect of this Chapter of great importance will follow.
388
91. DEED OF DISSOLUTION
THIS DEED OF DISSOLUTION made at Pune this day of 200_
BETWEEN
Shri PWI, age 58 years, occupation - business, resident of 950 Shivajinagar, Pune 411016, hereinafter
called the PARTY NUMBER ONE, (which express shall, unless repugnant to the context, mean and
include his heirs, executors, administrators and assigns) of the One Part
AND
Shri AMD, age 33 years, occupation - business, resident of 1300 Kasba Peth, Pune 411011,
AN D
Smt. PHK, age 53 years, occupation - business, resident of 1500 Sadashiv Peth, Pune 411030,
hereinafter called the PARTY NUMBER THREE, (which express shall, unless repugnant to the context,
mean and include her heirs, executors, administrators and assigns) of the Third Part
AND
Shri JDG, age 43 years, occupation - business, resident of 1500 Sadashiv Peth, Pune 411030,
hereinafter called the PARTY NUMBER FOUR, (which express shall, unless repugnant to the context,
mean and include his heirs, executors, administrators and assigns) of the Fourth Part
AND
Kumari VJG, age 21 years, occupation - business, resident of 1500 Sadashiv Peth, Pune 411030,
hereinafter called the PARTY NUMBER FIVE, (which express shall, unless repugnant to the context,
mean and include her heirs, executors, administrators and assigns) of the Fifth Part.
WHEREAS the party Nos. 2 and 3 own and possess the property bearing Plot No. 60 at the revenue
village Kothrud (Ideal Colony), Taluka Haveli, District Pune;
AND WHEREAS the said party Nos. 2 and 3 hereto proposed to execute a scheme of construction on
the said property;
Legal Drafting .589
AND WHEREAS the party Nos. 2 and 3 not being in a position to execute the said scheme by
themselves decided to form a partnership aac; admit more partners in the said firm;
AND WHEREAS, accordingly, the parties have decided to form and constitute themselves into a
partnership firm;
AND WHEREAS the parties have also decided to reduce into writing the terms and conditions of their
partnership;
:
1. That the parties hereto do hereby form and constitute themselves into a partnership.
2. That the name of the firm shall be M/s Sham-G Construction Company", and the registered
office of the firm shall be at 60 Ideal Colony, Kothrud, Pune 411029, or at other place as maybe
mutually agreed upon and decided by and between the parties.
3. That the objects of the firm shall be :

(a) To purchase and acquire plots of land in and around the city of Pune or elsewhere as may be
mutually agreed upon by the parties;
(b) To execute the schemes of construction of multi-storeyed buildings consisting of residential

flats, commercial shops and units to be sold on ownership basis or otherwise;
(c) To acquire and purchase the old structures and buildings icr the purpose of constructing new
buildings thereon;
(d) To undertake the work of construction cf houses, bungalows and buildings on contract basis;
(e) To accept and allot such work of construction from or to some other builders or agencies;
(f) To complete the works of construe iion undertaken by the firm;
(g) To enter into agreements to sell plots of land, residential flats, commercial shops and units;
(h) To purchase and sell residential flats, commercial shops and
units constructed by other builders; (i) To work as technical and labour consultants for others;
390 Legal Drafting
(j) To operate as promoters, developers, builders, engineers and contractors in the field of
construction activities.
(k) AND GENERALLY to do any and all other allied business that may be necessary for effectively
carrying out the abovementioned objects.
4. - That the party Nos. 2 and 3 have contributed as their capital towards
the partnership their property bearing Plot No. 60, out of S. No. 150, of the revenue village Kothrud,
Taluka Haveli, District Pune, while the party Nos. 1, 4 and 5 shall contribute all the remaining capital
by way of cash, and they, the party Nos. 1, 4 and 5 shall contribute all the necessary funds required
for the execution of the proposed schemes of the construction of buildings on the said property as
well as any other properties, if acquired by the said firm.
5. That the accounting year of the firm shall be according to the financial year commencing on
the first day of the month of April in a year and ending on the thirtyfirst day of the month of March
of the following year, and the partners shall be entitled to have an inspection or perusal of such
accounts, and deficiencies, if any, pointed out by any of the partners shall accordingly be corrected
with the consents of all the partners.
6. That the firm may open one or more accounts with the banks as may be agreed upon by and
between the parties, and such accounts shall
. be operated with the joint signatures of any of the two partners.
7. That the parties shall be entitled to claim profits and liable to incur
losses in the following manner :
Sr. Name of the Party Profits Losses
No. ; ; __
(a) Party Number One 30% 30%
(b) Party Number Two 10% 10%
(c) Party Number Three 10% 10%
(e) Party Number Four 20% 20%
(f) Party Number Five 30% 30%
8. That the partnership That the partnership shall be at will, and any
of the partners may retire from the firm by giving a three months'
Legal Drafting '. 391
notice in .writing to all other partners, and the accounts shall be settled at such a stage, and if there
be any losses incurred by the firm, the retiring partner shall be liable to make the same good, and
the partnership firm shall be continued even after the retirement or death of any of the partners,
and the firm may admit any new partners.
9. That all the day-to-day transactions of the firm shall be carried out by the partners with full
knowledge and cooperation of all the partners.
10. That none of the partners shall be entitled to raise loans in the name of the firm, and if there
be a case of any partner doing so, such partner shall alone be liable and responsible for the same,
and the remaining partners or the firm, as a whole, shall have no concern with such unauthorised
transactions of such a partner.
11. That in the case of any dispute as regards the interpretation of these presents or the
working of the said firm, the parties do hereby agree and undertake to settle down the same by
arbitration only, and the decision of the arbitrator shall be final, conclusive and binding on all the
partners.
abovementioned.
Sd/- SBG PARTY NUMBER ONE
Sd/- PLM PARTY NUMBER TWO Sd/- PHK PARTY NUMBER THREE Sd/- JDG PARTY NUMBER FOUR
Sd/- VJG PARTY NUMBER FIVE Witnesses : 1.

9
392 Legal Drafting
DEED OF DISSOLUTION
THIS DEED OF DISSOLUTION made at Pune this __ day of __ 200 _
BETWEEN
Shri PWI, age 58 years, occupation - business, resident of 1100 Shivajinagar, Pune 411016,
mean and include his heirs, executors, administrators and assigns) of the One Part
AND
Shri AMD, age 47 years, occupation - business, resident of 1300 Kasba Peth, Pune 411011,
mean and include his heirs, executors, administrators and assigns) of the Other Part.
WHEREAS the parties hereto, by a deed of partnership, dated ,
had entered into a partnership under the name and style as "Group House", having its office at 1300
Kasba Peth, Pune 411 011;
AND WHEREAS the objects of firm were to run business as general merchants and to deal with real
properties, etc;
AND WHEREAS the said partnership was a particular partnership fixed in its duration for a period of
ten years;
AND WHEREAS though the said period of ten years is yet to expire, the parties hereto sincerely feel
that the objects of their firm now do not find any viability;
AND WHEREAS the parties hereto have decided to dissolve the said partnership firm by these
presents;
1. That the parties hereto do hereby declare and confirm that the said
partnership entered into by them, by a deed of partnership, dated
, is hereby dissolved with immediate effect, and the same shall
not have its existence any time hereafter.
2. That the parties hereto further declare and confirm that all the
accounts of the said firm have been mutually settled by them, and
all and whatsoever claims and dues that were due and payable to
them have been respectively received by them, and neither of the
Legal Drafting 393
partners is liable to pay anything either to the said firm or each other.
3. That the premises of the office of the said firm were tenanted premises contributed by the
party No. 1, and, now, on the dissolution of the said firm, the said premises are hereby vacated by
the said firm, and the party No. 1 shall be at liberty o use and utilise the said premises in his own
capacity, and the party No. 2 shall have no objection to so doing by the party No. 1.
4. That the banking accounts, if any, standing in the name of the said firm shall be inoperative
with effect from the date of the execution of this deed, and such accounts shall be completely
closed.
5. That as per the terms and conditions of their partnership-deed,
dated , the parties do hereby declare and confirm that neither
of them has incurred any loan or debt, and if there be found that either of them has done so, such a
person who has contracted any loan or incurred debt shall be wholly liable to pay and settle the
same.
6. That as per the clause No. 21 of the said deed of partnership, on the
dissolution of the said firm, the goodwill, i.e. right to use the trade
name "Group House" shall be that of the party No. 2, and the party
No. 1 shall have no right, title or interest in or over the same.
abovementioned.
Sd/- PWI PARTY NUMBER ONE
Sd/-AMD PARTY NUMBER TWO
Witnesses :
1. Sd/- xXx
2. Sd/- x X x
394
92. DEED OF RETIREMENT

THIS DEED OF RETIREMENT made at Pune this _ day of _. 200 _
BETWE E N
1. Shri R_ B K , age 40 years, occupation - business,
2. Shri P B K , age 40 years, occupation - business,
both residents of Amar Society, Pune 411004, hereinafter called the PARTY NUMBER ONE, (which
express shall, unless repugnant to the context, mean and include their heirs, executors,
AND
1. Shri A ■ VM ;, age 38 years, occupation - business,
2. ShriV R M , age 69years, occupation-business, both
residents of 900 Sadashiv Peth, Sangamnerkar Colony, Pune 411030,
3. M/s Gemini & Company, a company registered under the Indian
Partnership Act 1932, having its office at 1000 Shivajinagar, Pune
411 016, hereinafter called the PARTY NUMBER TWO, (which
express shall, unless repugnant to the context, mean and include
their heirs, executors; administrators and assigns) of the Other Part.
WHEREAS originally, the No. 1 of the party No. 1 amd the No. 1 of the party No. 2 along with Shri
RMM had entered into a partnership;
AND WHEREAS, accordingly, the No. 3 of the party No. 2 was registered as a partnership firm, and
since then, the said firm had been working and operating in the city of Pune as builders and
contractors;
AND WHEREAS in the said firm, on , two more partners were
added, that is to say, the No. 2 of the party No. 1 and the No. 2 of the party No. 2;
AND WHEREAS the said Shri RMM had retired from the said firm,
on ;
AND WHEREAS since then, the present parties had been operating as the partners of the said firm,
the Nos. 1 and 2 of the party No. 1 having 60 per cent interest, and the Nos. 1 and 2 of the party No.
2 having 40 per cent interest;
Legal Drafting 395

AND WHEREAS the said firm has successfully undertaken and completed a number of projects and
earned considerable amounts of profits;
AND WHEREAS by way of investment, the said firm had invested its money in a number of
properties;
AND WHEREAS of late, differences between the partners having cropped up, they had about six
months back agreed in principle to plan the business of the firm in such a way that one of the
branches retires from the firm;
AND WHEREAS, accordingly, to minimise the undertakings of the firm, the parties had also entered
into agreements, assigning rights over certain properties as described hereinbelow;
AND WHEREAS the parties found that by mere assignments, the problems cannot be solved, ^s some
of the undertakings will have to be continued for a considerable time to come;
AND WHEREAS, therefore, the parties mutually decided that the party No. 1 shall retire from the
said firm, and the party No. 2 shall continue to operate the said firm;
:
1. That the party No. 1, that is to say, Shri RBK and Shri PBK, do hereby retire from and go out
of the partnership firm, viz. M/s Gemini & Company, i.e. the No. 3 of the party No. 2, and as on
today, the total firm consists of the Nos. 1 and 2 of the party No. 2, namely Shri AVM and Shri VRM.
2. That earlier, by an agreement, dated , the Nos. 1 and 2 of the
party No. 2 had agreed to take assignment of the rights over the
properties bearing Survey Nos. , and , on the
payment of Rs. to the party No. 1. Thereafter, on ___, the
parties had again entered into an agreement of assignment in respect of the property bearing Survey
No. 45 of Erandwana, Pune City, excluding the sanctioned and pending scheme on the payment
of Rs. unto the party No. 1 and also by an agreement, dated ,
a similar assignment of Survey No. 75, of Parvati, Pune City, was
396 Legal Drafting
effected in favour of the party No. 2 on the payment of Rs. . To
the party No. 1.
3. That, however, now, since the party No. 1 is retiring, all these
assignments have become redundant, and so as to make comprehensive

provision, it is hereby agreed in supersession of the said agreements
that the party No. 1 and 2 of the party No. 2 shall pay to the party
No. 1 a total sum of Rs. by way of refund of capital, share of
goodwill, share of profits, assets and appreciation and all and whatsoever claims that the party No. 1
does have in and against the party No. 3 of the party No. 2 or the Nos. 1 and 2 of the party No. 2. Of
these amounts, the party No. 1 so far received a sum of Rs.
on different counts under different agreements, and, now, a
sum of Rs. 15,50,000/- has yet to be paid by the party No. 2 to the party No. 1, and the said payment
is to be made as under :
(A) Rs. 1,50,000/- at the time of the execution of these presents; and
(B) Rs. 2,00,000/- on or before 31st day of and thereafter,
(C) Rs. 1,00,000/- per month upto the end of , i.e. for a
period of 12 months.
4. That from this date, the party No. 1 ceases to be the partners in the said firm, and they shall
neither be liable for any transaction, dealings or liabilities of the said firm, nor shall they have any
right to claim or recover any amounts of the said firm.
5. That all the assets, debts, book-debts, materials, furnitures and fixtures of the firm shall
continue to be the properties of the party No. 2 wherein the party No. 1 shall henceforth have no
right, title or interest whatsoever.
6. Thatby way of further clarification, it is to be on record that the office bearing No. 6 in the
Gokul Chambers, Karve Road, Pune 411004, is the exclusive property of the No. 1 of the party No. 1.
Likewise, Flat No. 12 in the building at 1000 Sadashiv Peth, Pune 411030, is the exclusive property of
the No. 1 of the party No. 2; the Premier Padmini car bearing No. MH-12/AD-2754 is to be the
exclusive property of the No. 1 of the party No. 1, while the Premier Padmini
Legal Drafting 397
car bearing No. MH-12/D-8090 is to be the exclusive property of the No. 1 of the party No. 2.
7. That the firm is presently having its office at 1000 Shivajinagar, Pune 411016, in hired
premises, and the said premises have been furnished at its costs. However, in view of the fact that
the removal of the said furniture will cause a great loss of value, the tenancy rights over the said
premises along with the furniture are given to the party No. 1. The telephone connection bearing
No. 5656234, which is in the name of the party No. 1 of the party No. 2 shall continue to be the
exclusive property of the No. 1 of the party No. 2. The Opal imported car bearing No. MH-12/AD-
8888 is the property of the firm, though it was purchased and, therefore, stands in the name of the
No. 1 of the party No. 1. However, the same is the property of the firm, and hence, has been given to
the party No. 2.
8. That as a result of this retirement, the rights of the firm over the properties bearing Final
Plot No. 100 Shivajinagar, Survey No. 200 of Dhanakwadi and the rights over Survey No. 300 of
Erandwana, Pune City, including the scheme under construction as well as the balance of the vacant
land have now become the exclusive rights of the Nos. 1 and 2 of the party No. 2, and they shall be
at liberty to deal with the said properties as they please, and the party No. 1 shall have no claim,
right, title or interest in or over the said properties.
9. That by way of abundant caution and clarification, it is further recorded that the office No.
45 in the building at 2000 Sadashiv Peth, Pune 411030, which is held by the No. 1 of the party No. 2
as a tenant, shall continue to be the exclusive property of the No. 1 of the party No. 2.
10. That the party No. 2 may admit any more partners and may deal with assets of the firm, as
the Nos. 1 and 2 of the party No. 2 may deem
• fit.
11. That the party No. 2 shall be entitled to receive and recover all the
outstandings, debts and claims of the said firm and hall also be
liable to pay and discharge all the liabilities of the firm.
398 Legal Drafting
12. That the unfinished scheme of the firm at Survey No. 80 of Erandwana will be completed by
the party No. 2 by recovering from its members the outstanding dues and by carrying out the
construction in the said scheme.
13. That the party No. 1 hereby assures and undertakes to sign all the necessary papers,
documents, consents, deeds, affidavits, etc., which may be required for transferring any of the
properties in the name of the party No. 2 or for giving proper effect to this deed of retirement.
14. That by this deed of retirement, the original partnership-deed, dated
, is further amended, and henceforth, the only partners in the
firm shall be :
(i) Shri AVM, having 50 per cent share and interest in the firm and
profits, and (ii) Shri VRM, having 50 per cent share and interest in the firm and
profits.
IN WITNESS WHEREOF the parties hereto have signed hereunder at
Pune the date first abovementioned.

1. Sd/- RBK
2. Sd/- PBK PARTY NUMBER ONE
1. Sd/-AVM
2. Sd/- VRM Witnesses : PARTY NUMBER TWO
1. Sd/-xXx
2. Sd/-xXx
399
93. PARTITION-DEED
HIGHLIGHTS
1. If the members of a joint and undivided Hindu family are entitled to the property, or if any
other persons holds any property jointly with another, the same may be divided among the parties
at some time or the other. This can be done by preparing and executing a deed of partition. In such a
document, all the members of the joint and undivided Hindu family are made parties. The family
properties are described in the schedules. The deed should recite that the parties have mutually and
amicably agreed and decided to effect partition of their properties, so that the properties which
were so far held as jointly family properties will be divided among the parties in such a manner that
those who get the particular property shall henceforth be entitled to own, hold and enjoy the same
in their own right and not as members of the joint and undivided Hindu family.
2. The market value of the property should also be mentioned in the deed.
3. From the time immemorial, the joint family was the fundamental concept of Hindu society.
Every Hindu family is presumed, under law, to be a joint family. Even if the members are working at
different places, they are presumed by courts to be a joint family.
4. There are two main schools of Hindu customary law. The Dayabhaga system is followed in
Bengal, Assam, Tripura amd Manipur. In the rest of the country, the dominant system followed is
called Mitakshara. The Mitakshara joint family consists of common ancestor and all his male
descendants, their wives and widows and unmarried daughters. The joint family continues even if
the head of the family dies. As long as there is a male member in the family, even by adoption, the
joint character of the family will continue. A joint family is represented by the KARTA, its head, in all
matters. The membership of a joint is acquired only birth, adoption or marriage to a male member
of that family. The male members of four generations are called coparceneries. They are : the father,
son, son's son and son's son's son. No woman can be a coparcenery. A coparcenery acquires an
interest in the joint
400 Legal Drafting
family from the moment of birth. When one of them dies, his interest devolves on other
coparceneries, not on his heirs. All the coparceneries are entitled to joint possession and enjoyment
of the joint property. Each has a right to be maintained out of the joint property. Each one can also
demand partition.
5. There can be no partition demanded in respect of self-acquired property. The holder of the
self-acquired property can very well distribute his property at his sweet will. An ownership flat
cannot be a subject-matter of a suit for partition. In that respect, even after the death of the holder,
the property will devolve only upon the nominee of the deceased.
6. A Hindu can have both joint family property and his separate property. Any property
acquired by him using his own skill, education or training, though financed by the joint family, will be
his separate property. Partition ends a joint family.
7. There is no concept of a jointly family in Muslim Law.
Legal Drafting 401
PARTITION-DEED
THIS DEED OF PARTITION made at Pune this _ day of __. 200 _
BETWEEN
Shri B A T , age 35 years, occupation - business, resident
of 100 Shaniwar Peth, Pune 411030, hereinafter called the PARTY NUMBER ONE, (which express
assigns) of the One Part
AND
Shri C A T , age 30 years, occupation - business,
resident of 100 Shaniwar Peth, Pune 411030, hereinafter called the PARTY NUMBER TWO, (which
express shall, unless repugnant to the context, mean and include his heirs, executors, administrators
and assigns) of the Other Part.
WHEREAS the parties hereto are full brothers;
AND WHEREAS the parties hereto possess and own the properties bearing House No. 100 Shaniwar
Peth and House No. 200 Narayan Peth, in Pune City, respectively described in the schedules I and II
hereunder;
AND WHEREAS the properties possessed and owned by the parties are ancestral;
AND WHEREAS the parties hereto have decided to effect the partition of their properties mutually
and amicably;
AND WHEREAS both the parties presently reside at House No. 100 Shaniwar Peth, Pune;
AND WHEREAS the parties have worked out the terms and conditions of their agreement and also
decided to reduce the same into writing;
:
1. That the parties hereto do hereby effect the partition of their properties bearing House No.
100 Shaniwar Peth and House No. 200 Narayan Peth, Pune City, described in the schedules I and II,
respectively.
2. That the parties hereto effect this partition under these presents mutually and by way of
family adjustment and settlement.
402 Legal Drafting
3. That according to this partition, the property bearing House No. 100 Shaniwar Peth,
described in further details in the schedule I hereunder, has been given to the share of the party No.
1, while the property bearing House No. 200 Narayan Peth, described in further details in the
schedule II hereunder, has been given to the share of the party No. 2.
4. That the parties hereto do hereby declare and confirm that all other properties : besides the
ones covered under these presents have already been mutually distributed by them, and they do
hereby, once again, confirm the same.
5. That the parties hereto shall get their names entered in the record of rights in respect of the
property given to their respective shares.
6. That the party No. 1 shall continue to reside at the property, which has now been to his
share, while the party No. 2 shall shift his residence to the property given to his share.
7. That the parties hereto do hereby declare and confirm that the respective party shall
henceforth own, possess and enjoy the property given to his share, and the other party shall not
have any right, title or interest in or over such property or any part thereof.
8. That all the expenses of stamp duty and registration charges have been bone out by the
parties hereto equally.
THE SCHEDULE I OF THE PROPERTY ABOVE REFERRED TO :
All that piece and parcel of land situate within the Registration
Division & District Pune, Sub-Division & Taluka Haveli, within the local
limits of the Pune Municipal Corporation, bearing House No. 100 Shaniwar
Peth, admeasuring 3,000 sqft or thereabouts, and bounded by as follows:
On or towards the East _ House No. 99,
On or towards the South _ House No. 101, On or towards the West _ Municipal School,
and On or towards the North _ Public Road, together with a single-storeyed building standing
thereon.
Legal Drafting 403
THE SCHEDULE II OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of land situate
of the Pune Municipal Corporation, bearing House No. 200 Narayan Peth, admeasuring 3,500 sqft or
thereabouts, and bounded by as follows: On or towards the East _ House No. 199, On or
towards the South _ House No. 201, On or towards the West _ Municipal School, and
On or towards the North _ Public Road, together with a single-storeyed building standing
thereon.
abovementioned.
Sd/- BAT PARTY NUMBER ONE
Sd/- CAT PARTY NUMBER TWO
Witnesses :
1. Sd/-xXx
2. Sd/-xXx
404
94. MORTGAGE-DEED
HIGHLIGHTS
1. There are different types of mortgages, and Section 58 of the Transfer of Prop1 erty Act the
same. Sec. 58 (a) defines "Mortgage" as the transfer of an interest in specific immovable property
for the purpose of securing the payment of money advanced or to be advanced by way of loan, an
existing or further debt or the performance of an agreement which may give rise to a pecuniary
liability. The principal money and interest of which the payment is secured for the time being are
called mortgage-money, and the instrument by which the transfer is effected is called a mortgage -
deed.
2. Section 58 (b) defines a simple mortgage as, "Without delivering the possession of the
mortgage property, the mortgagor binds himself personally to pay the mortgage-money, and agrees,
expressly or impliedly, that in the event of his failing to pay according to the contract, the mortgagee
shall have a right to cause the mortgaged property to be sold for the satisfaction of the mortgaged
debt. Such a mortgage is called a simple mortgage".
Legal Drafting 405
MORTGAGE-DEED
THIS DEED OF MORTGAGE made at Pune this _ day of _. 200 _
BETWEEN
Shri A B C , age 40 years, occupation - business,
resident of 250 Shivajinagar, Pune 411005, hereinafter called the MORTGAGOR, (which express shall,
unless repugnant to the context, mean and include his heirs, executors, administrators and assigns)
of the One Part
AND
M/s Janata Sahakari Bank Limited, a bank incorporated under the Indian Companies Act 1956,
having its registered office at 755 Budhwar Peth, Bajirao Road, Pune 411002, and branch office at
Shivajinagar, Pune, acting through its Branch Manager, Shri XYZ, , age 45 years, occupation - service,
resident of 950 Deccan Gymkhana, , Pune 411004, hereinafter called the MORTGAGEES, (which
express shall, unless repugnant to the context, mean and include the said Bank, its officials,
employees, servants, executors, administrators and assigns) of the Other Part.
WHEREAS the mortgagor has been running his business in general stores and stationery at the
Junglee Maharaj Road;
AND WHEREAS the mortgagor proposed to expand the said business;
AND WHEREAS for the purpose of the expansion of the said business, the mortgagor is in need of
finance;
AND WHEREAS with a view to securing finance, the mortgagor approached the mortgagee bank for
the grant of a loan of Rs. 5,00,000;
AND WHEREAS the mortgagees are ready and willing to advance such a loan unto the mortgagee
provided the mortgagor furnishes a suitable security for the same;
AND WHEREAS the mortgagees have approved towards a security the mortgage of the house
property situate at CTS No. 250 Shivajinagar, Pane City, described in further details in the schedule
hereunder;
NOW, THIS DEED WITNESSES as follows : 1. That the mortgagees have today paid and advanced
unto the mortgagor
a sum of Rs. 5,00,000/- (Rupees Five Lac Only) the receipt whereof
the mortgagor dies hereby acknowledge unto the mortgagees.
406 Legal Drafting
2. That the said amount of loan shall carry interest @ 15% per annum payable by the
mortgagor unto the mortgagee bank on the expiry of each year, and the principal amount shall be
refunded in instalments by the mortgagor unto the mortgagees within a period of five years from
the date of the execution of these presents.
3. That the mortgagor does hereby transfer and convey his property bearing House No. 250, of
Shivajinagar, Pune City, described in further details in the schedule hereunder, unto the mortgagee
bank TO HAVE AND TO HOLD the same as a simple mortgage and by way of security for the refund
and repayment of the said amount of loan and interest due thereon.
4. That the rights and duties of the parties hereto shall be that of a simple mortgage within the
meaning, provision and interpretation of the Transfer of Property Act.
All that piece and parcel of land situate within the Registration Division & District Pune, Sub-Division
& Taluka Haveli, within the local limits of the Pune Municipal Corporation, bearing House No. 250, of
Shivajinagar, Pune City, admeasuring 2,500 sqft or thereabouts, and bounded by as follows :
On or towards the East _ House No. 251, On or towards the South _ House No. 255, On
or towards the West _ Municipal School, and On or towards the North _ Public Road,
together with a two-storeyed building standing thereon.
abovementioned.
Sd/- ABC MORTGAGOR Sd/- XYZ MORTGAGEES Witnesses : 1. Sd/-xXx
2. Sd/-xXx
407
95. LEASE-DEED
HIGHLIGHTS
1. Under Section 105 of the Transfer of Property Act, a lease of immovable property is a
transfer of a right to enjoy such property, made for a certain time, express or implied, or in
perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any
other thing of value, to be rendered periodically or on specified occasions to the transfer by the
transferee, who accepts the transfer on such terms.
2. Generally, a lease of immovable property for agricultural or manufacturing purposes shall be
deemed to be a lease from year to year terminable on the part of the lessor or lessee by six months'
notice expiring with the end of the year of the tenancy. A lease of immovable property for any other
purpose shall be deemed to be lease from month to month terminable on the part of the lessor or
lessee by fifteen days' notice expiring with the end of the month of tenancy. However, if it is a lease
from month to month under the Bombay Rent Act (Now, the Maharashtra Rent Control Act 1999). A
month's notice may have to be given.
3. Under section 107 of the Transfer of Property Act, a lease of immovable property from year
to year, or any term exceeding one year, or reserving a yearly rent, can be made only by a registered
instrument. All other leases of immovable property may be made either by a registered instrument
or by oral agreement accompanied by the delivery of possession.
408 Legal Drafting
LEASE-DEED
THIS DEED OF LEASE made at Pune this _ day of _. 200 _
BETWEEN
Shri L E; T , age 35 years, occupation - service,
resident of 300 Shaniwar Peth, Pune 411030, hereinafter called the LESSOR, (which express shall,
of the One Part
AND
Shri G E T , age 40 years, occupation - service,
resident of Deccan Lodge, Pune 411004, hereinafter called the LESSEE, (which express shall, unless
Other Part.
WHEREAS the property bearing House No. 300, of Shaniwar Peth, Pune City, is owned and possessed
by the present lessor;
AND WHEREAS the lessor has been working the Education Department of the Government of
Maharashtra;
AND WHEREAS on account of his transfer to Mumbai, the lessor has not been occupying the said
premises;
AND WHEREAS the lessee is also working in the same Department of Education of the Government
of Maharashtra and has recently been transferred from Mumbai to Pune;
AND WHEREAS the lessee approached the lessor and requested the former to lease out the said
premises unto the lessee for the purpose of the residence of his family;
AND WHEREAS the lessor has agreed to consider the request made out to him by the lessee;
NOW, THIS DEED WITNESSES, and it is hereby agreed by and between the parties as follows : 1.
That the lessor does hereby lease out the premises bearing House
No. 300 Shaniwar Peth, Pune City, unto the lessee.
Legal Drafting 409
2. That the lessee shall pay unto the lessor by way of rent @ Rs. 1,200/ - per month, and such
amount shall be payable by the lessee unto the lessor every month in advance by the tenth day of
such month.
3. That in addition to and over and above the said amount of Rs. 1,200/ -, the lessee shall also
pay every month an amount of Rs. 600/-towards the water and electricity charges.
4. That the lessee shall have a right to use and enjoy the said premises for the residence of his
family, and he shall not allow any other person to stay with him except his guests on occasions.
5. That the lessee shall take all possible care of the furnitures, fittings and fixtures provided for
in the said premises.
6. That the lessee does hereby agree and undertake to vacate the said premises and hand over
vacant and peaceful possession thereof unto the lessor, if the lessor were to require the same, and
in that event, the lessor shall give, at least, one month's intimation in writing to the lessee.
7. That if the lessee wants to vacate the said premises, he shall be at liberty to do so even
without giving any such notice, but the lessee shall hand over vacant possession thereof unto the
lessor only.
8. That all the expenses of stamp duty and registration charges have been borne out by the
lessee only/
abovementioned.
Sd/- LET LESSOR
Sd/- GET LESSEE Witnesses :
1. Sd/-xXx
2. Sd/-xXx
Note : Some more drafts of Company Lease, Sub-Lease and Tenancy Agreement (Leave and Licence
Agreement, with the latest provisions) are also provided.
410
96. COMPANY LEASE
THIS DEED OF LEASE made at Pune this __ day of _. 200 _
BETWEEN
Dr. _A_B_C_, age 50 years, occupation - service, resident of 100 Sindh Colony, Aundh, , Pune
411007, hereinafter called the LESSOR, (which express shall, unless repugnant to the context, mean
and include his heirs, executors, administrators and assigns) of the One Part
AND
M/s Sudarshan Chemical Industries Limited, a public limited company, registered under the Indian
Companies Act 1956, having its office at 2000 Wellesley Road, Pune 411001, acting through its
Managing Director, Shri XYZ, age 54 years, occupation - service, resident of 200 Sindh Colony, Aundh,
Pune 411 007, hereinafter called the LESSEES, (which express shall, unless repugnant to the context,
mean and include the said company, its office bearers, executors, administrators and assigns) of the
Other Part.
WHEREAS the property bearing Bungalow No. 100 Sindh Colony, Aundh, Pune, described in the
schedule hereunder, is owned and possessed by the present lessor;
AND WHEREAS the present lessor has already constructed a bungalow on the said property;
AND WHEREAS in the said bungalow, the lessor has made available all the necessary facilities and
amenities;
AND WHEREAS on account of his personal reasons, the lessor has not, at present, been staying here
at Pune;
AND WHEREAS the said bungalow has been lying unused and vacant;
AND WHEREAS the lessee herein being in need of residential accommodation for the occupation of
their officers approached the lessor with a proposal to grant the said bungalow unto the lessees on a
company lease;
AND WHEREAS the lessor has agreed to grant the said bungalow unto the lessees on leasehold basis;
Legal Drafting 411
AND WHEREAS the parties hereto have decided to reduce into writing the terms and conditions of
their agreement;
NOW, THIS DEED WITNESSES, and it is hereby agreed by and between the parties as follows :
1. That the lessor herein does hereby grant unto the present lessees on a company lease the
bungalow situate on the property bearing Survey No. 100 Sindh Colony, Aundh, Pune, described in
further details in the schedule hereunder for and at a monthly rent of Rs. 10,000/-.
2. That the lessees shall by way of deposit pay unto the lessor a sum ofRs. 1,00,000/-, and this
amount of Rs. 1,00,000/-shall be treated as a fixed deposit.
3. That the lessees shall in addition to the abovementioned amount of Rs. 1,00,000/- pay unto
the lessor a further sum of Rs. 50,000/-towards the additional advance, and against this additional
amount of advance, the lessees shall deduct a sum of Rs. 2,000/- per month for a period of two
years, and thus, the lessees shall pay during the said period of two years only an amount of Rs.
3,000/- per month towards the rent.
4. That the amounts of the fixed deposit and the additional advance shall be paid by the
lessees unto the lessor in the month of January 200_ However, the actual lease-period and
possession of the said bungalow shall commence on the 1st day of April 200_, and the rent shall be
payable accordingly.
5. That all the property taxes, society fees, cesses and charges payable in respect of the said
property shall be borne out and paid by the lessor, and the lessees shall have no concern therewith.
However, all the bills and charges for the consumption of electricity and the use of telephone
connection shall be borne out by the lessees and paid by them to the lessor.
6. That the present lease shall be fixed for a period of five years from the date of handing over
the possession of the said bungalow unto the lessees, and the lessees shall be liable to vacate the
said
412 Legal Drafting
bungalow and hand over peaceful and vacant possession thereof unto the lessor immediately on the
expiry of the said period of lease.
7. That the lessor shall refund unto the lessees the amount of the fixed deposit of Rs.
1,00,000/- at the time of handing over the possession of the said bungalow by the lessees unto the
lessor, and the said amount shall not carry any interest.
8. That if the lessees or their officers were to cause any damage or loss to the furnitures,
fittings or fixtures or the said property, the lessor shall be entitled to deduct from the said amount of
the fixed deposit of Rs. 1,00,000/- such amounts of damage or loss.
9. That the lessees do hereby agree, undertake and assure unto the lessor that they, lessees, or
their officers occupying and using the said bungalow shall take all possible care of the furnitures,
fittings and fixtures provided for in the said bungalow and shall not cause any damage or loss to the
same.
10. That all the expenses of stamp duty and registration charges for the execution of these
presents shall be borne out and paid by the lessees.
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of the bungalow
consisting of eight rooms, situate within the Registration Division & District Pune, Sub-Division &
Taluka Haveli, within the local limits of the Pune Municipal Corporation, bearing Survey No. 100, of
Sindh Colony, Aundh, Pune, together admeasuring 1,500 sqft, or thereabouts, and bounded by as
follows : On or towards the East _ Bungalow No. 99, On or towards the South _
Bungalow No. 101, On or towards the West _ Municipal School, and On or towards the North
_ Public Road, together with a single-storeyed bungalow standing thereon.
abovementioned.
Sd/- ABC
LESSOR
Witnesses : Sd/- XYZ
1. Sd/-xXx LESSEES
2. Sd/-xXx
Legal Drafting 413
97. SUB-LEASE
THIS DEMISE OF SUB-LEASE made at Pune this _ day of __ 200 _
BETWEEN
M/s Chetan Textiles Private Limited, a company, registered under the Indian Companies Act 1956,
having its office at 1000 Kennedy Road, Pune Camp, Pune 411001, acting through its Managing
Director, Shri ABC, age 54 years, occupation - service, resident of 60 Mahatma Gandhi Road, Pune
Camp, Pune 411 001, hereinafter called the LESSORS, (which express shall, unless repugnant to the
context, mean and include the said company, its present and future members, receivers, liquidators,
office bearers, executors, administrators and assigns) of the One Part
AND
M/s Ketan Engineering Works Private Limited, a public limited company, registered undei the Indian
Companies Act 1956, having its office at 70 Mahatma Gandhi Road, Pune Camp, Pune 411001, acting
through its Managing Director, Shri XYZ, age 54 years, occupation -service, resident of 200 Sindh
Colony, Aundh, Pune 411 007, hereinafter called the LESSEES, (which express shall, unless repugnant
to the context, mean and include the said company, its present and future members, receivers,
liquidators, office bearers, executors, administrators and assigns) of the Other Part.
WHEREAS the property bearing S. No. 700, of Gultekdi, Pune 411009, is owned by Shri KKW, his sons
and brothers;
AND WHEREAS the said owners by demise, dated , leased out
the said property unto the present lessors for a period of fifty years with a permission to put on
buildings and constructions thereon;
AND WHEREAS the said lease is registered with the office of the Joint Sub-Registrar, Haveli No. II, at
Sr. No. 657;
AND WHEREAS, thereafter, the lessors have constructed one factory building, one water storage
tank and a well on the said property;
AND WHEREAS since then, the lessors have been running their manufacturing concern on the said
land;
414 Legal Drafting
AND WHEREAS the lessors having incurred heavy losses decided to assign the sub-lease rights of the
said land and transfer the buildings constructed by them on the said land;
AND WHEREAS the lessees offered the best of the possible terms;
1. That the lessors herein transfer and assign unto the lessees all their
rights, title and interest in the said land under the said lease and
the said buildings standing thereon, described in further details in
the schedule hereunder, for and at a consideration of Rs. ,
which the lessees have paid unto the lessors by cheque No. ,
dated , drawn on the Bank, Branch, towards the full
and final consideration, the receipt whereof the lessors do hereby acknowledge.
2. That the lessees have acquired the ownership of the said constructions, and the lessors have
put the lessees/tenants in actual possession along with the rights under the said lease.
3. That under the said lease, the lessors are entitled to continue to hold the said land upto the
year 2000 with an option to seek renewal of lease for a further period of _ years, and the lessors
hereby transfer and assign unto the lessees the said rights of the lessors to seek renewal and
extension.
4. That all and whatever machinery and equipment that are there on the said land and in the
said buildings have been transferred unto the lessees/ tenants for the consideration stated
hereinbelow. THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of
land bearing Survey No. 700, ofGultekadi,
Pune 411009, admeasuring 15,000 sqft or thereabouts, and bounded by
as follows :
On or towards the East _ Survey No. 701, On or towards the South _ Mutha-River
Canal, On or towards the West _ Municipal School, and On or towards the North _
Public Road,
Legal Drafting 415
along with (A) Factory building having the built-up area of sqft
along with all the structures, machinery and equipment situate thereon,
(B) One works shed of the area of sqft, along with
machinery,
(C) One water storage tank of about sqft,
(D) One well of ft diameter,
equipped with all the rights of easements and enjoyment and common
excess of and to the said property.
at Pune the date first abovementioned.
Sd/- ABC LESSOR Sd/- XYZ
Witnesses : LESSEES
1. Sd/-xXx
2. Sd/-xXx
416
98. LEAVE AND LICENCE AGREEMENT
AGREEMENT is made at Pune this _.. day of 200_
BETWEEN
Shri A . , age years, occupation , resident of

, hereinafter referred to as the LICENSOR, (which express shall,
of the One Part
AND
Shri B , age years, occupation , resident of ,
hereinafter referred to as the LICENSEE, (which express shall, unless repugnant to the context, mean
and include his heirs, executors, administrators and assigns) of the Other Part, as follows :
WHEREAS -
1. The Licensor is the owner of a flat bearing No. on the floor
in the building known as belonging to Cooperative
Housing Society Limited and situate at
2. The Licensee has approached the Licensor with a request to allow
the Licensee to temporarily occupy and use the said Flat of the said
building, admeasuring about square feet for his residence
and that of his family on leave and licence basis until the Licensee gets other more suitable
accommodation.
3. The Licensor has agreed to grant leave and licence to the Licensee to occupy and use the
said Flat on the following terms and conditions agreed to between the parties hereto.
4. The Licensor has obtained the consent of the society to the flat being given on licence to the
licensee.
NOW, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS :
1. The Licensor hereby grants leave and licence to the Licensee to
occupy the said Flat of the said of the Licensor (hereinafter referred
to as the Licensed Premises) for a period of eleven months from
Legal Drafting 417
That is till the day of (inclusive). The Licensee agrees to
vacate the said premises even earlier if the Licensee secures any other accommodation in the
locality where the said premises are situate.
2. The Licensee shall pay to the Licensor a sum of Rs. per month
(calculated at the rate of Rs. per square foot) as Licence fee or
compensation to be paid in advance for each month on or before the
day of each month.
3. All the Municipal taxes and other taxes and levies in respect of the Licensed premises will be
paid by the Licensor alone.
4. The electric charges and water charges for electric and water consumption in the licensed
premises will be paid by the Licensee to the authorities concerned and the Licensor will not be
responsible for the same.
5. The licensed premises will be usetl dhly for residence of the Licensee and his family
members and for no other purpose.
6. The licensed premises have normal electricity fittings and fixtures. If the Licensee desires to
have any additional fittings and fixtures, the Licensee may do so at his cost and in compliance with
the rules. The Licensee shall remove such fittings and fixtures on the termination of the licence
failing which they shall deemed to be the property of the Licensor.
7. The licensed premises are given to the Licensee on personal basis and the Licensee will not
be entitled to transfer the benefit of this agreement to anybody else or will not be entitled to allow
anybody else to occupy the premises or any part thereof. Nothing in this agreement shall be deemed
to grant a lease and the licensee agrees and undertakes that no such contention shall be taken up by
the Licensee at any time.
8. The licensee shall not be deemed to be in the exclusive occupation of the licensed premises
and the Licensor will have the right to enter upon the premises at any time during working hours to
inspect the premises.
418 Legal Drafting
9. The Licensee shall maintain the licensed premises in good condition and will not cause any
damage thereto. If any damage is caused to the premises or any part thereof by the Licensee or his
servants or agents, or member of his family, the same will be made good by the Licensee at the cost
of the Licensee either by rectifying the damage or by paying cash compensation as may be
determined by the Licensor's Architect.
10. The Licensee shall not carry out any work of structural repairs or additions or alterations to
the said premises. Only such alterations or additions as are not of structural type or of permanent
nature may be allowed to be made by the Licensee inside the premises with the previous permission
of the Licensor.
11. The Licensee shall not cause any nuisance or annoyance to the people in the neighbourhood
or store any hazardous goods on the premises or outside.
12. If the Licensee commits a breach of any term of this agreement, then notwithstanding
anything herein contained the Licensor will be entitled to terminate this agreement by fifteen days'
prior notice to the Licensee.
13. On the expiration of the said term or period of the Licence or earlier termination thereof,
the Licensee shall hand over vacant and peaceful possession of the Licensed premises to the
Licensor in the same condition in which the premises now exist subject to normal wear and tear. The
Licensee's occupation of the premises after such termination will be deemed to be that of a
trespasser.
14. The licensee shall deposit with the licensor on the execution of this
agreement a sum of Rs. which will be refundable to the licensee
on the termination of his licence by afflux of time or otherwise; without interest but subject to the
deduction of any amount payable by the licensee to the licensor under this agreement.
Legal Drafting 419
IN WITNESS WHEREOF the parties hereto have put their hands the day and yet first hereinabove
written.
Signed by the withinnamed
Licensor Shri
in the presence of
Signed by the withinnamed
Licensee Shri
in the presence of
420
99. HIRE-PURCHASE AGREEMENT
THIS DEED OF HIRE-PURCHASE made and executed at Pune
this day of 200_
BETWEEN
M/s Aj it Automobiles, a firm registered under the Indian Partnership Act 1932, having its office at
200 Ganesh Peth, Pune 411 002, acting through its partner, Shri ABC, age 35 years, occupation -
business, resident of 300 Ganesh Peth, Pune 411002, hereinafter called the OWNERS, (which express
shall, unless repugnant to the context, mean and include the said firm, its present and future
partners, their heirs, executors, administrators and assigns) of the One Part
AND
Shri X Y Z , age 25 years, occupation - service,
resident of 400 Ganesh Peth, Pune 411 002, hereinafter called the PURCHASER, (which express shall,
of the Other Part.
WHEREAS the owners have their showroom at the withinmentioned address where they have been
running their business in sales and repairs of two-wheeler vehicles;
AND WHEREAS the purchaser wanted to purchase a brand new two-wheeler of the Bajaj make on
hire-purchase basis;
AND WHEREAS the owners have such a scheme of selling two-wheeler vehicles on hire-purchase
basis;
AND WHEREAS the purchaser approached the owners with a proposal to purchase one new brand
Bajaj Chetak on hire-purchase basis;
AND WHEREAS the owners have considered the request made out to them by. the purchaser;
AND WHEREAS the said two-wheeler vehicle is given and delivered to the purchaser on the following
terms and conditions;
NOW, THIS DEED WITNESSES, and it s hereby agreed by and betWeen the parties hereto as follows :
1. That the owners have sold unto the purchaser one Bajaj Chetak
model new brand scooter on hire-purchase basis.
Legal Drafting 42.1
2. That the price of the said vehicle is fixed at Rs. 25,000/-, of which the purchaser shall initially
pay unto the owners a sum of Rs. 5,000/ - at the time of taking the delivery of the said vehicle. >- ;
3. That from the month of January 200_ onwards, the purchaser shall pay unto the owners an
amount of Rs. 1,000/- every month as the instalment of the price of the said vehicle.
4. That the registration of the said vehicle is MH-12/L-2754, and the owners shall arrange for
the issue of the RC/TC Books, Registration Certificate, Insurance, etc. However, all the expenses on
that account shall be borne out by the purchaser alone.
5. That the said vehicle will be hypothecated to the owners until the repayment of the same to
be completed by the purchaser.
6. That during the period of hypothecation, the purchaser shall not sell or transfer the said
vehicle.
7. That if the purchaser were to fail to make the payment of the two consecutive instalments,
the owners shall have a right to take the possession of the said vehicle and also to dispose of the
same and thereby recover the amount of the price of the vehicle.
8. That as soon as the payment of all the instalments is made by the purchaser, the owners
shall remove their hypothecation and hand over all such certificates and other papers to the
purchaser.
9. That all the expenses of stamp duty, registration charges, RTO fees, etc. shall be borne out
and paid by the purchaser alone.
abovementioned.
Sd/- ABC OWNERS
Sd/- XYZ PURCHASER Witnesses : 1. Sd/-xXx
2. Sd/-xXx
422
100. PROMISSORY NOTE
I, Shri A B C, age 50 years, occupation - business,
resident of 110 Kasba Peth, Pune 411 Oil, do hereby promise to pay an
amount of Rs. 25,000/- (Rupees Twentyfive Thousand only) to ShriX
Y Z, age 43 years, occupation - business, resident of 220 Kasba Peth,
Pune 411 Oil, with interest @ 15% pr annum until the full and final repayment of the whole amount.
Pune, Sd/-
A..B..C
Dated : .. (Full Name to be mentioned)
PROMISSORY NOTE FOR A LOAN
WHERAS I have borrowed a loan of Rs. 30,000/- (Rupees Thirty
Thousand Only) from Shri X Y _Z, age 43 years, occupation -
business, resident of 220 Kasba Peth, Pune 411 Oil, for the construction of my house;
I do hereby promise to pay the aforesaid amount of Rs. 30,000/-(Rupees Thirty Thousand Only) to
the said Shri XYZ with interest @ 15% pr annum until the full and final repayment of the whole
amount.
Pune, Sd/-
A..B..C
Dated : (Full Name to be mentioned)
423
101. GUARANTEE BOND
To
M/s Success Finance Limited,
1500 Sadashiv Peth,
PUNE 411 030.
I, Shri A__B C , age 50 years, occupation - service, resident
of 220 Narayan Peth, Pune 411 030, do hereby execute this Bond of Guarantee in favour you.
1. That my friend, Shri X Y Z, age 49 years, occupation - business,
resident of 222 Narayan Peth, Pune 411 030, has approached you for granting him a loan of Rs.
1,00,000/- for the construction of his house.
2. That the said friend of mine, Shri XYZ, has agreed and undertaken to make the repayment of
the loan together with interest @ 15% p.a.
3. That I also do hereby agree and undertake that if the said Shri XYZ fails to make the
repayment, I shall pay the said debt.
4. I also hereby undertake that in case the said Shri XYZ fails to refund the amount due to you
from him, you are at liberty to recover the same from him or me or both through the court of law at
my or our costs.
IN WITNESS WHWREOF I have executed this bond with my free will
and signed hereunder at Pune this day of 200
Pune, Sd/-A..B..C
(Full Name to be mentioned) Dated :

424
102. DEED OF CANCELLATION
THIS DEED OF CANCELLATION made and executed at Pune this
_ day of200 _
BETWEEN
M/s Gemini & Company, a partnership firm, registered under the
Indian Partnership Act 1932, having its office at 1140 Shivajinagar, Pune
411005, acting through its partner, Shri ABC, age 50 years,
occupation - business, resident of 1150Shivajinagar, Pune 411005, hereinafter called the VENDORS,
(which express shall, unless repugnant to the context, mean and include the said firm, its present
and future partners, their heirs, executors, administrators and assigns) of the First Part
AND
Shri X Y Z _, age 54 years, occupation - service, resident
of 1200 Sadashiv Peth, Pune 411 037, hereinafter called the PURCHASER, (which express shall, unless
Second Part
AND
1. Shri C T D ., age 45 years, occupation - service, 2.
Shri S T D , age 40 years, occupation - business, both
residents 353 Narayan Peth, Pune 411 037, hereinafter called the
CONFIRMING PARTY, (which express shall, unless repugnant to the
context, mean and include their heirs, executors, administrators
and assigns) of the Third Part.
WHEREAS the property bearing Survey No. 40, ofErandwana, Pune, is owned by the present
confirming parties;
AND WHEREAS the present vendors have already started the construction of a multi-storeyed
building on the said property;
AND WHEREAS the premises in the proposed building are sold on ownership basis under the scheme
u/s 21 of the Urban Land (Ceiling & Regulation) Act 1976;
AND WHEREAS the vendors have also started to enter into booking agreements to sell and allot the
flats and premises in the proposed building on ownership;
Legal Drafting 425
AND WHEREAS the present purchaser had entered into a booking
agreement, dated , with the vendors herein;
AND WHEREAS the purchaser had also paid a total sum of Rs. _ towards the instalments of the
purchase-price of the flat agreed to be purchased and acquired by the purchaser in the said building;
AND WHEREAS the purchaser, on account of his personal financial
difficulties, not being in a position to make the payment of the remaining
instalments, requested the vendors herein to cancel the said booking
agreement, dated , entered into by the purchaser with the vendors;
AND WHEREAS the said booking agreement has already been
registered with the Sub-Registrar, Haveli No. I, at Sr. No. 245, dated .;
' AND WHEREAS the vendors found that it would be possible for them
to cancel the said booking agreement, dated , entered into by the
purchaser in respect of the Flat No. proposed to be purchased by the
purchaser and refund the amount, which the vendors have so far received from the purchaser, and
also allot the said flat to any other prospective purchaser;
1. That the parties hereto do hereby declare that the said booking
agreement, dated , entered into by the purchaser with the
vendors for the purchase of the Flat No. _, and which has been
registered with the office of the Sub-Registrar, Haveli No. I, at Sr. No.
, is hereby cancelled.
2. That the purchaser, as agreed by him unto the vendors, has today
received from the vendors a sum of Rs. , by cheque No. , dated
, drawn on the Bank, .Branch, towards the refund of
the amount paid by the purchaser unto the vendors, after deducting therefrom the actual expenses
incurred so far in the said transaction.
3. That the purchaser does hereby declare and confirm that after
receiving the said amount, as aforesaid, the purchaser shall have no
right, title or interest in or over the said Flat No. , in the building
known as " " standing on the property bearing Survey No. 40,
of Erandwana, Pune 411 004.
426 Legal Drafting
abovementioned.
Sd/-ABC VENDORS
Sd/- XYZ PURCHASER
1. Sd/- CTD
2. Sd/- STD Witnesses : CONFIRMING PARTY
1. Sd/-xXx
2. Sd/- x X x
427
103. DEED OF RECTIFICATION
THIS DEED OF RECTIFICATION made and executed at Pune this _ day of _. 200 _
BETWEEN
M/s Amey Construction Company, a firm registered under the Indian Partnership Act 1932, having
its office at 250 Deccan Gymkhana, Pune 411004, acting through its partner, Shri KKT, age 45 years,
occupation - business, resident of 250 Deccan Gymkhana, Pune 411004, hereinafter called the
PARTY OF THE FIRST PART, (which express shall, unless repugnant to the context, mean and include
the said firm, its present and future partners, their heirs, executors, administrators and assigns) of
the One Part
AND
1. Shri A , age 25 years, occupation - , resident of ,
2. Shri B , age 25 years, occupation - , resident of ,
3. Shri C , age 25 years, occupation - , resident of ,
4. Shri D , age 25 years, occupation - ___, resident of ,

5. Shri E , age 25 years, occupation - , resident of ,
6. Shri F , age 25 years, occupation - ., resident of ,
7. Shri G , age 25 years, occupation - ., resident of ,
hereinafter called the PARTY OF THE SECOND PART, (which express shall, unless repugnant to the
context, mean and include their heirs, executors, administrators and assigns) of the Other Part.
WHEREAS the party of the first part had constructed a multi-storeyed building consisting of
residential flats on the Plot No. 80, of Gujarat Colony, Kothrud, Pune 411 038, known as Amar
Apartments;
AND WHEREAS the parties of the second part had booked various flats in the said apartments;
AND WHEREAS, accordingly, the booking agreements have been executed by the parties hereto, and
these agreements have been registered with the office of the Joint Sub-Registrar, Haveli No. II, under
serial numbers and dated hereinbelow :
428
Legal Drafting
S. No. Name of the Paurchaser Serial Number Date
1. A
2. B
3. c
4. D
5. E
6. F
7. G
AND WHEREAS in the said booking agreements, the number of flats, as shown at the time on the
ground floor, was three. However, by the time the completion of the building did take place, there
were four flats on the ground floor, and because there was addition of this one flat, the numbering
of all the flats was required to be changed;
AND WHEREAS because of this, the mistakes in the numbers of the flats were carried into the
booking agreements also;
AND WHEREAS, now, it has become essential to rectify the same;
NOW, THIS DEED WITNESSES, and it is hereby agreed by and between the parties as follows : 1.
That the parties hereto mutually accord, declare and effect correction
and rectification in the aforesaid booking agreements as indicated
hereinbelow :
S. No. Name of the Paurchaser Serial Number Date
1. A
2. B
3. C
4. D
5. E
6. F
7. G
Legal Drafting 429
2. That the corrected numbers shall be read to be the numbers of the flats in the said booking
agreements in the place of the old numbers, and the parties of the second part shall be deemed to
have purchased and acquired the flats under the corrected numbers.
3. That the booking agreements mentioned hereinabove are hereby, accordingly, modified,
rectified and corrected.
abovementioned.
Sd/- KKT PARTY OF THE FIRST PART
1. Sd/-A
2. Sd/-B
3. Sd/- C
4. Sd/- D
5. Sd/-E
6. Sd/- F
7. Sd/- G
PARTY OF THE SECOND PART
Witnesses :
1. .Sd/-xXx
2. .Sd/-xXX
430
104. DEED OF MODIFICATION
THIS DEED OF MODIFICATION made and executed at Pune this
_.. day of 200_
BETWEEN
The Shanti Sheela Cooperative Housing Limited, 76 Erandwana, Pune 411 004, hereinafter called the
LESSOR, (which expression where the context so admits shall include the reversioner or reversioners
for the time being immediately expectant upon the term hereby created) of the One Part
AND
Shri X Y Z , age 25 years, occupation - service, resident
of 400 Ganesh Peth, Pune 411 002, hereinafter called the LESSEE, (which expression where the
context so admits shall include his executors, administrators and assigns) of the Other Part.
WHEREAS the lessor had granted to the Lessee a lease for 199 years of the plot of land bearing No. 5
out of Final Plot No. 76, Sub-Plot No. 10, of Erandwana, Pune 411 004;
AND WHEREAS since then, the lessee had been holding and enjoying the said property as a lessee
member of the lessor;
AND WHEREAS in the said demis3e, clause No. 15, provided for a condition-cum-restriction to the
effect that if the lessee were to transfer or assign the said property, or his leasehold rights to any
one, the lessee shall pay unto the lessor an amount equal to half of the surplusage received by the
lessee over and above the original investment of the lessee;
AND WHEREAS in view of the change in the circumstances, the lessor society had decided to
reconsider the said clause, and in the meeting
of the general body of the lessor, dated , the said clause No. 15 was
proposed to be amended, and it was provided that instead of half of the surplusage, it should be Re.
1 /- per square foot of the plot area that should be payable to the lessor;
AND WHEREAS so as to give the effect to the said resolution of the general body, it has become
necessary to amend the said restriction in the said demise;
Legal Drafting 431
1. That the demise, dated , registered with the office of the Joint
Sub-Registrar, Haveli No. II, at Sr. No. 1560, in respect of the Plot No. 5, out of Final Plot No. 76, of
Erandwana, Pune 411 004, the clause No. 15 at page No. 6, reading "Not to assign, underlet or part
with one-third of the capital cost" is hereby deleted in its
entirety, and instead thereof, the following fresh clause No. 15 is inserting : "Not to assign, underlet
or part with the possession of the demised plot and premises at any time during the said term
hereby granted without the written consent of the lessor for that purpose previously had and
obtained. Such consent not to be withheld in the case of responsible and respectable tenant being a
registered member of the Society PROVIDED ALWAYS and it is hereby agreed that on every
permitted disposition or devolution of or dealing with the demised plot and premises under or by
virtue of these presents of the lessee shall pay to the lessor an amount or value equivalent to one
rupee per square foot of the total area of the plot".
2. That subject to this modification, the rest of the conditions of the said demise stand valid
and as they are.
3. That the modification withinmentioned shall be deemed to have been incorporated in the
said demise.
IN WITNESS WHEREOF the Common Seal of the Society has been hereunto affixed and two members
of the Committee of the Society and the Secretary and the Lessee have hereunto set their hands the
day and year first above-written.
Sd/-MEMBERS OF THE COMMITTEE OF THE SOCIETY
Sd/-SECRETARY
432 Legal Drafting
Sd/-LESSOR
Sd/-LESSEE SIGNED, SEALED AND DELIVERED by the abovenamed -
in the presence of -
1. .Sd/-xXx
2. .Sd/-xXx
433
105. DEED OF RELINQUISHMENT
THIS DEED OF RELINQUISHMENT made at Pune this day
of 200_
BETWEEN
Shri AGM, age 35 years, occupation - business, resident of 1020 Gokhale Road, Pune 411016,
hereinafter called the GRANTOR, (which express shall, unless repugnant to the context, mean and
include his heirs, executors, administrators and assigns) of the One Part
AND
Smt. SCK, age 39 years, occupation - household, resident of 1020 Gokhale Road, Pune 411 016,
(presently staying at 9800 James River Circle, Foundation Valley, California, USA 92708), hereinafter
called the GRANTEE, (which express shall, unless repugnant to the context, mean and include her
heirs, executors, administrators and assigns) of the Other Part.
WHEREAS the property bearing CS No. 1020, of the revenue village Bhamburda (Shivajinagar), Taluka
Haveli, District Pune, described in further details in the schedule hereunder originally belonged to
the Late Shri GSM;
AND WHEREAS the said Shri GSM died on , leaving behind his
widow, Smt DGM, his two sons, viz. the present grantor and Shri SGM and his two daughters, viz. the
present grantee and Smt. SRB;
AND WHEREAS the mother of the parties, Smt. DGM, by a deed,
dated , relinquished her right, title and interest in the property
described in the schedule hereunder in favour of her sons and daughters;
AND WHEREAS, thus, presently, the property described in the schedule hereunder is owned by the
parties hereto and their brother, Shri SGM, and sister, Smt. SRB;
AND WHEREAS the present grantor having made his own arrangement for his residence;
AND WHEREAS the property described in the schedule hereunder cannot be conveniently used by all
of them;
Drafting - 24
434 Legal Drafting
AND WHEREAS the grantor, therefore, decide to relinquish his right, title and interest in the property
in favour of the grantee;
:
1. That the grantor does hereby, out of natural love and affection and byway of family
adjustment and settlement, relinquish all his right, title and interest in and over the property bearing
CS No. 1020, of the revenue village Bhamburda (Shivajinagar), Taluka Haveli, District Pune, described
in the schedule hereunder in favour of the grantee hereto.
2. That the grantee herein does hereby accept the said relinquishment and agrees to discharge
all the liabilities incidental to the ownership and occupation of the said property and arising
hereafter.
3. That the grantor assures unto the grantee that he, the grantor, has not anywise relinquished
his interest in the said property in favour of any other person.
4. That the grantee shall be at liberty to get her interest, if she thinks fit, divided by metes and
bounds from and against the other co-owners of the said property.
5. That on the basis of these presents, the grantee shall be at liberty to apply to the revenue
authorities and to get the entries of her name effected to the said property.
of the Pune Municipal Corporation, bearing CS No. 1020, of the revenue village Bhamburda
(Shivajinagar), Pune City, admeasuring 6,500 sqft or thereabouts, and bounded by as follows :
On or towards the East _ CS No. 1021, On or towards the South _ CS No. 1023, On or
towards the West _ Municipal School, and On or towards the North _ Public Road,
together with a two-storeyed building known as "Gurukripa" standing thereon.
Legal Drafting 435
abovementioned.
Sd/-AGM GRANTOR
Sd/- SCK GRANTEE
Witnesses :
1. Sd/-xXx
2. Sd/-xXx
436
106. DEED OF CONFIRMATION
THIS DEED OF CONFIRMATION made at Pune this day of
200_
BETWEEN
Smt. JUC, age 59 years, occupation - household, resident of 110 Prabhat Road, Pune 411004,
mean and include her heirs, executors, administrators and assigns) of the First Part
AND
Shri HUC, age 41 years, occupation - business, resident of 110 Prabhat Road, Pune 411004,
AND
The Ganesh Premises Cooperative Society Limited, a cooperative society, registered under the
Cooperative Societies Act, acting through its Chairman, Shri PUC, age 45 years, occupation -
business, resident of 125 Prabhat Road, Pune 411004, hereinafter called the PARTY NUMBER THREE,
(which express shall, unless repugnant to the context, mean and include the said society, its present
and future members, their heirs, executors, administrators and assigns) of the Third Part.
WHEREAS the property bearing Shop No. 2, situate on the ground floor, in the building named
"Ganesh Chambers", standing on the land bearing Sub-Plot No. 13, Final Plot No. 17, of Erandwana,
Karve Road, Pune, had originally been allotted and granted on ownership by the party No. 3 unto the
party No. 1 as a member;
AND WHEREAS the party No. 1 subsequently assigned all her right, title and interest in and over the
said property in favour of the party No.
2;
AND WHEREAS the said deed of assignment between the party No.
1 and the party No. 2 was executed on ;

AND WHEREAS since then, the party No. 2 has been holding and enjoying the said property as a
member of the party No. 3;
Legal Drafting 437
AND WHEREAS as a member of the said society, i.e. party No. 3, the party No. 2 has during all these
years been the absolute and exclusive owner of the said property;
AND WHEREAS on account of the subsequent change of membership and assignment of rights by
the party No. 1 unto the party No. 2, it has become necessary to execute this deed of confirmation;
AND WHEREAS the party No. 3 has, accordingly, agreed to declare and confirm these presents;
:
1. That the party numbers 1 and 3 do hereby declare and confirm that,
by the execution of the deed of assignment, dated , executed by
the party No. 1 unto the party No. 2, the party No. 2 since then has become the absolute and
exclusive owner of the property bearing Shop No. 2, situate on the ground floor, in the building
known as "Ganesh Chambers", standing on the land bearing Sub-Plot No. 3, Final Plot No. 17, of
Erandwana, Karve Road, Pune, described in further details in the schedule hereunder, and the party
No. 1 further declares and confirms that she has no right, title or interest in or over the said
property.
2. That the party No. 3 does hereby further declare and confirm that all the share certificates,
which were in the name of the party No. 1, have now been transferred in the name of the party No.
2, and all the requirements and formalities with respect to the full-fledged membership, ownership,
possession, occupation and enjoyment by the party No. 2 have been duly fulfilled and complied
with, and, now, there is no lacuna in any respect.
3. That all the terms and conditions contained in the original agreements between the parties
Nos. 1 and 3 and 2 shall be construed to have been incorporated in these presents.
438 Legal Drafting
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of shop No. 2
situate on the ground floor, in the building known as "Ganesh Chambers", standing Shop No. 2,
situate on the ground floor, in the building known as "Ganesh Chambers", standing on the property
bearing Sub-Plot No. 3, Final Plot No. 17, of Erandwana, Karve Road, Pune, admeasuring 350 sqft or
On or towards the East _ Shop No. 1, On or towards the South _ Shop No. 3, On or
towards the West _ Shop No. 4, and On or towards the North _ Open Space.
abovementioned.
Sd/- JUC PARTY NUMBER ONE
Sd/- HUC PARTY NUMBER TWO
Sd/- ABC PARTY NUMBER THREE
Witnesses :
1. Sd/-xXx
2. Sd/- xXx
439
107. DEED OF COMPROMISE (MEMORANDUM OF UNDERSTANDING)
THIS MEMORANDUM OF UNDERSTANDING made at Pune this _
day 200_
BETWEEN
Shri SCS, age 63 years, occupation - business, resident of 45 Anandnagar, Pune 411052, hereinafter
called the HUSBAND, (which expression shall, unless repugnant to the context, mean and include his
heirs, executors, administrators and assigns) of the One Part
AND
Smt. VSS, age 55 years, occupation - household, resident of 145 Vitthalwadi, Pune 41.1051,
hereinafter called the WIFE, (which expression shall, unless repugnant to the context, mean and
include her heirs, executors, administrators and assigns) of the Other Part.
WHEREAS the parties hereto are husband and wife, their marriage
having been solemnised at Mumbai on as per the Hindu religion, vaidic
rites and ceremonies;
AND WHEREAS out of their wedlock, the parties hereto have four daughters;
AND WHEREAS of the four daughters, three have already been married and they are also well
provided for;
AND WHEREAS during so many years in the past, the parties hereto have realised that their liking,
tastes of life, temperaments, ideas, ideologies, thinking, aptitudes, attitudes, intellectual capacities,
feelings, moods, nature and general approach to life are so different from each other that only on
those and the like several other reasons, they have always had not been able to hit it off together;
AND WHEREAS on account of such differences between the parties, there have been frequent
quarrels and court litigations during the recent past;
AND WHEREAS under such peculiar and very delicate circumstances of family affairs, the parties
hereto decided to live apart and also to let live ?ach other peacefully for their mutual interests;
440 Legal Drafting
AND WHEREAS the parties hereto have also decided to sort out their problems amicably and by
entering into a memorandum of understanding;
:
1. That the parties hereto do hereby declare and confirm that the memorandum of
understanding under these presents does not amount to any collusion on their part, and they do
hereby further and once again declare and confirm that they sincerely enter into and execute this
memorandum of understanding only with their full consent and final agreement.
2. That by this agreement, the property bearing No. 1729, totally admeasuring 6,000 sqft
(Approx.) at S.No. 39 Hingane Khurd, Vitthalnagar, Pune 411051, Taluka Haveli, District Pune, along
with the bungalow standing thereon has been given to the share of the wife.
3. That the Plot No. 15, S.No. 39, Hingane Khurd, Vitthalnagar, Pune 411051, admeasuring
3250 sqft (Approx.), adjacent to the said bungalow, which presently stands joints in the names of the
parties hereto, has been given to the share of the wife alone.
4. That the property consisting of a shed on the plot bearing No. 150, out of Survey No. 25
Hingane Khurd, Vitthalwadi, Pune 411051, Taluka Haveli, District Pune, which presently stands in the
joint names of the parties hereto, has been given to the share of the husband alone. At present, on
the said plot of 700 sqft. A shed of 900 sqft is built-up. The land is a rental land in the name of the
husband alone.
5. That the vacant land at S.No. 140 situated at the revenue village Narhe, Taluka Haveli,
District Pune, admeasuring 2 acres is owned by the parties equally, i.e. one acre each, and for
demarcation of the said land, the expenses shall be borne out by the parties hereto equally.
However, after the demarcation, the wife shall be given the
Legal Drafting 441
first preference to select the plot of land admeasuring one acre of her choice.
6. That all the transfer of property-deeds must be completed maximum within fortyfive days
from the date of the execution of this agreement.
7. That as against the assignment and allotment of the said bungalow as a whole along with
the said three plots of land, the Flat No. 55, situate at Swanand Cooperative Housing Society,
Anandnagar, Pune 411051, which stands in the name of the wife, has been given to the share of the
husband.
8. That since the parties hereto now have the only nubile daughter named Kumari Komal, they
have made necessary provision under these presents for her marriage and maintenance, and for
that purpose, the husband shall contribute an amount of Rs. 2.00 lakhs, while the wife shall
contribute an amount of Rs. 1.5 lakhs, and thus making a total amount of Rs. 3.5 lakhs. Till that time,
these amounts shall be kept in fixed deposits in the individual names of the parties hereto within
ONE YEAR from the date of the execution of this agreement, and the amounts of interest thereon
shall be given by the parties hereto to the said unmarried daughter Kumari Komal for her
maintenance, and she will stay with her mother.
9. That the parties do hereby agree and undertake to spend the whole of the amount of Rs.
3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) for the marriage of the said unmarried
daughter Miss Komal, and they also do hereby further agree and undertake to spend equally
additional amounts, if any, required for the celebration of the marriage of the said daughter Miss
Komal.
10. That the parties hereto do hereby declare and confirm that they have mutually agreed to
opt for such a course of mutual understanding and amicable settlement with a view to saving a lot of
time, money and energy and also serving the cause of their family as a whole, for they now better
know that it would always be better and in the interests of both the parties to choose for such a
course, because they have, though belatedly but rightly, given a thought to their ideas to the effect
that fighting in the courts of law will not serve any
442 Legal Drafting
purpose, and they also really know that in such family and matrimonial affairs, there is really no
winner and there is no loser.
11. That the expenses of stamp duty and registration charges for the transfer of the flat shall be
borne out by the husband alone, while dues, if any, payable to the concerned society and/or the
Pune Municipal Corporation, etc. shall be paid out by the wife alone.
12. That the parties hereto do hereby declare and confirm that if there be any other immovable
as well as movable properties save and except those mentioned herein shall be owned, possessed
and enjoyed by the respective party, and the other party or his/her legal heirs shall have no right,
title or interest in or over such property or any part thereof even after the death of the concerned
person.
13. That while executing this memorandum of understanding, the wife does hereby agree and
undertake to simultaneously withdraw all the criminal complaints, civil suits, family court petitions
lodged or filed by her against the husband', and also to extend the fullest cooperation to the
husband or any other person authorised by him in all such matters and litigations, and this is a
condition precedent put forth by the husband unto the wife for entering into the memorandum of
understanding under these presents.
14. That it is also a condition put by the wife that she or the husband will not ask for divorce on
any ground in future unless mutually agreed upon.
15. That the parties hereto do hereby agree and undertake not to file any civil action or lodge
any criminal complaint against each other in the future.
16. That all other expenses on account of conveyance-deeds such as a gift-deed, release-deed,
etc. shall be borne out by the concerned beneficiary, i.e. either of the parties hereto, as the case
may be.
17. That the Corporation tax payable till the date for the bungalow will be shared equally by the
parties hereto. However, the necessary expenses for clearing the bungalow and the adjacent land as
per the new "Gunthewari" Law of the Maharashtra Government shall be borne by the parties hereto
equally.
Legal Drafting 443
18. That if there are any Bank accounts, D-Mat accounts of shares, etc. in the joint names of the
parties hereto, the same shall be closed with immediate effect.
19. That if there are any shares in the joint names of the parties hereto, the same shall be
retained by the respective party hereto having the possession thereof, and the other party shall
cooperate by giving signature, wherever required, to remove the joint name.
20. That in future, neither of the parties shall claim for any maintenance charges or claim any
property.
abovementioned.
Sd/- SCS HUSBAND
Sd/-VSS WIFE Witnesses :
1. Sd/-xXx
2. Sd/-xXx
444 Legal Drafting

108. DEED OF ASSIGNMENT
DEED OF ASSIGNMENT
THIS DEED OF ASSIGNMENT made at Pune this day of
200..
BETWEEN
Shri Shyamrao Vinayakrao Paranjape, age 55 years, occupation -service, resident of D-4/1,
Shantiniketan Society, S. No. 102, Kothrud, Pune 411038, hereinafter called the ASSIGNOR, (which
AND
Shri Shrikantrao Shyamkantrao Bendre, age 50 years, occupation -service, resident of D-4/2,
Shantiniketan Society, S. No. 102, Kothrud, Pune 411038, hereinafter called the ASSIGNEE, (which
WHEREAS the property bearing Survey No. 102, totally admeasuring 26,500 sq meters and situated
in the revenue village Kothrud, Taluka Haveli, District Pune, was originally owned by one, Shri
Sampatrao Kaluram Kale;
AND WHEREAS the said Shri Sampatrao Kaluram Kale had submitted
and got sanctioned a scheme on the said land u/s 20 of the Urban Land
(Ceiling & Regulation) Act 1976 from the Competent Authority, Pune Urban
Agglomeration, Pune, vide No. PUN/1000/300/D.XIV, dated ;
AND WHEREAS the said owner executed a development agreement with M/s Swastik Associates,
Pune, and also executed a power of attorney
in favour of Shri Ashok Kantilal Shah, on , for the purpose of
promotion of the scheme sanctioned by the Government;
AND WHEREAS the said M/s Swastik Associates, Pune, as the developers prepared the building plans
and got the same sanctioned;
AND WHEREAS the said developers entered into an agreement with
the present assignor on in respect of the property bearing Flat No.
Legal Drafting 445

1 in Building No. D-4, S.No. 102, Shantiniketan Society, Kothrud, Pune 411038, described in further
details in the schedule hereunder;
AND WHEREAS since then, the present assignor has always had been the owner and possessor of the
said flat;
AND WHEREAS the present assignor is a member of the Shantiniketan Cooperative Housing Society
Limited, Pune;
AND WHEREAS as a member of the said Shantiniketan Cooperative Housing Society Limited, Pune,
the present assignor has been allotted five fully paid-up shares of Rs. 50/- each bearing Share
Certificate Nos. 1 to 5;
AND WHEREAS the assignor decided to sell and dispose of the said flat;
AND WHEREAS the assignee being the close neighbour approached the assignor with such a
proposal- to purchase and acquire the said flat;
AND WHEREAS the assignee has offered the best of the possible terms unto the assignor;
AND WHEREAS the assignor has agreed to sell, transfer and convey the said property unto the
assignee;
AND WHEREAS the parties hereto have accordingly entered into an
agreement to sell, on registered with the office of the Sub-Registrar,
Haveli No. IV at Sr. No /200...;
AND WHEREAS the assignee has paid unto the assignor the total amount of consideration;
AND WHEREAS in pursuance of the said agreement, dated the
parties hereto are executing this deed of assignment/transfer;
1. That in consideration of the total amount of Rs. 7,50,000/-(Rupees Seven Lacs Fifty Thousand
Only) paid by the assignee unto the assignor, as detailed below, the assignor has hereto assigned,
transferred and conveyed unto and in favour of the assignee and the assignee has accepted and
acquired the rights,
Legal Drafting
title, interest and possession of the Flat No. 1, admeasuring 650 sqft, i.e. 60.40 sq meters, on the
Ground Floor, in Building No. D-4, S.No. 102,'Shantiniketan Society, Kothrud, Pune 411038,
described in further details in the schedule hereunder, along with shares, all credits of sinking fund,
deposit, etc. in the capital of the said society.
2. That the assignee has agreed to pay the total amount of consideration of Rs, 7,50,000/- to the
assignor as follows :
(i) Rs. 1,00,000/- ... Paid by a cheque, dated
issued by the ICICI Bank, Pune Branch.
(ii) Rs. 6,50,000/- ... Paid on the execution of this
deed of assignment/transfer and possession, by a cheque
No. 222222, dated
issued by the ICICI Bank Pune Branch.
Rs. 7,50,000/- TOTAL
3. That the assignee has, thus, paid unto the assignor a total amount of Rs. 7,50,000/- (Rupees Seven
Lacs Fifty Thousand Only), the receipt whereof the assignor does hereby acknowledge unto the
assignee.
4. That the assignor has assigned his membership of the said society unto, in favour and in the
name of the assignee and the assignor has also agreed to transfer electricity and water meters and
all other amenities attached thereto in the name of the assignee by signing the necessary
documents, applications, transfer forms and papers.
5. That the assignor does hereby confirm that he has good right, full power and absolutely
authority to deal with the said flat in the manner as he likes, and that no person other than the
present
Legal Drafting 447
assignor has any right, title, interest or claim in the said flat or any part thereof.
6. That the assignor further states that the said flat is free from all or any encumbrances as
sale, mortgage, lease, leave and licence, tenancy, attachment, etc. and the same is not a subject-
matter of any pending litigation, domestic dispute, acquisition or reservation.
7. That the assignor hereby states that if any amount is found due in respect of electricity
charges, municipal taxes or other outgoings till this date, the assignor undertakes to square up and
clear the same and has agreed to hand over to the assignee the vouchers, receipts, title documents
and such other deeds pertaining to the said flat.
8. That the transfer/development charges of the Shantiniketan Cooperative Housing Society

Limited, Pune, has been paid by the assignee.
9. That the assignee has agreed to abide by and comply with the bye-laws, rules and
regulations of the said Shantiniketan Cooperative Housing Society Limited, Pune, and pay its charges
regularly.
10. That the expenditure for stamps and registration of this document are exclusively borne out
by the assignee.
11. That this deed is subject to the provisions of the Maharashtra Cooperative Societies Act
1960 and the rules made thereunder.
12. That the property is situate at the revenue village Kothrud, Taluka Haveli, District Pune, and
its market value is Rs. 7,00,700/ -. The transaction between the parties is for Rs. 7,50,000/-, and
hence, the assignee has paid stamp duty of Rs. 19,100/-, at the
time of the execution of the agreement to sell, on and
hence, has paid stamp of Rs. 100/- on this deed.
THE SCHEDULE OF THE FLAT ABOVE REFERRED TO : All that piece and parcel of premises bearing Flat
No. 1, admeasuring 650 sqft, i.e. 60.40 sq meters, on the Ground Floor, in Building No. D-4,
448 Legal Drafting
in Shantiniketan Cooperative Housing Society Limited, (No. 10) in the property bearing S. No. 102,
admeasuring an area of 26,500 sq meters, situated at the revenue village Kothrud, within the local
limits of the Pune Municipal Corporation, within the Registration Division & District Pune, Sub-
Division & Taluka Haveli.
abovementioned.
( SHYAMRAO VINAYAKRAO PARANJAPE ) ASSIGNOR
( SHRIKANTRAO SHYAMKANTRAO BENDRE )
ASSIGNEE
Witnesses : 1.
2.
Legal Drafting 449
109. DEED OF TRANSFER
DEED OF TRANSFER
THIS DEED OF TRANFER made at Pune this day of 200..

BETWEEN Shri Shashikant Shyamkant Sathe, age 45 years, occupation - service, resident of D-4/1,
Shantiniketan Society, S. No. 102, Kothrud, Pune 411038, hereinafter called the TRANSFEROR, (which
AND
Shri Shridhar Balkrishna Bhate, age 40 years, occupation - service, resident of D-4/2, Shantiniketan
Society, S. No. 102, Kothrud, Pune 411038, hereinafter called the TRANSFEREE, (which expression
assigns) of the Other Part.
WHEREAS the property bearing Survey No. 102, totally admeasuring 26,500 sq meters and situated
in the revenue village Kothrud, Taluka Haveli, District Pune, was originally owned by one, Shri
Gopalrao Dhananjayrao Bhosale;
AND WHEREAS the said Shri Gopalrao Dhananjayrao Bhosale had submitted and got sanctioned a
scheme on the said land u/s 20 of the Urban Land (Ceiling & Regulation) Act 1976 from the
Competent Authority, Pune Urban Agglomeration, Pune, vide No. PUN/2000/500/E.XIV, dated
AND WHEREAS the said owner executed a development agreement with M/s Swastik Associates,
Pune, and also executed a power of attorney
in favour of Shri Ashok Kantilal Shah, on for the purpose of
promotion of the scheme sanctioned by the Government;
AND WHEREAS the said M/s Shree Gajanan Builders, Pune, as the developers prepared the building
plans and got the same sanctioned;
450 Legal Drafting
AND WHEREAS the said developers entered into an agreement with
the present transferor on in respect of the property bearing Flat
No. 1 in Building No. D-4, S.No. 102, Shantiniketan Society, Kothrud, Pune 411038, described in
further details in the schedule hereunder;
AND WHEREAS since then, the present transferor has always had been the owner and possessor of
the said flat;
AND WHEREAS the present transferor is a member of the Shantiniketan Cooperative Housing Society
Limited, Pune;
AND WHEREAS as a member of the said Shantiniketan Cooperative Housing Society Limited, Pune,
the present transferor has been allotted five fully paid-up shares of Rs. 50/- each bearing Share
Certificate Nos. 1 to 5;
AND WHEREAS the transferor decided to sell and dispose of the said flat;
AND WHEREAS the transferee being the close neighbour approached the transferor with such a
proposal to purchase and acquire the said flat;
AND WHEREAS the transferee has offered the best of the possible terms unto the transferor;
AND WHEREAS the transferor has agreed to sell, transfer and convey the said property unto the
transferee;
AND WHEREAS the parties hereto have accordingly entered into an
agreement to sell, on registered with the office of the Sub-Registrar,
Haveli No. rv at Sr. No /200...;
AND WHEREAS the transferee has paid unto the transferor the total amount of consideration;
AND WHEREAS in pursuance of the said agreement, dated the
parties hereto are executing this deed of transfer; NOW, THIS DEED WITNESSES as follows :
1. That in consideration of the total amount of Rs. 7,00,000/-(Rupees Seven Lacs Only) paid by the
transferee unto the transferor, as detailed below, the transferor has hereto transferred, assigned
Legal Drafting 451
and conveyed unto and in favour of the transferee and the transferee has accepted and acquired the
rights, title, interest and possession of the Flat No. 1, admeasuring 650 sqft, i.e. 60.40 sq meters, on
the Ground Floor, in Building No. D-4, S.No. 102, Shantiniketan Society, Kothrud, Pune 411038,
described in further details in the schedule hereunder, along with shares, all credits of sinking fund,
deposit, etc. in the capital of the said society.
2. That the transferee has agreed to pay the total amount of consideration of Rs, 7,00,000/- to the
transferred as follows :
(i) Rs. 1,00,000/- ... Paid by a cheque, dated
issued by the SBI Bank, Kothrud Branqh.
(ii) Rs. 6,00,000/- ... Paid on the execution of this
deed of transfer and possession, by a cheque No. 333333, dated ... issued by the SBI Bank, Kothrud
Branch.
Rs. 7,00,000/- TOTAL

3. That the transferee has, thus, paid unto the transferor a total amount of Rs. 7,50,000/-
(Rupees Seven Lacs Fifty thousand Only), the receipt whereof the transferor does hereby
acknowledge unto the transferee.
4. That the transferor has assigned his membership of the said society unto, in favour and in
the name of the transferee and the transferor has also agreed to transfer electricity and water
meters and all other amenities attached thereto in the name of the transferee by signing the
necessary documents, applications, transfer forms and papers.
5. That the transferor does hereby confirm that he has good right, full power and absolutely
authority to deal with the said flat in
452 Legal Drafting
the manner as he likes, and that no person other than the present transferor has any right, title,
interest or claim in the said flat or any part thereof.
6. That the transferor further states that the said flat is free from all or any encumbrances as
sale, mortgage, lease, leave and licence, tenancy, attachment, etc. and the same is not a subject-
matter of any pending litigation, domestic dispute, acquisition or reservation.
7. That the transferor hereby states that if any amount is found due in respect of electricity
charges, municipal taxes or other outgoings till this date, the transferor undertakes to square up and
clear the same and has agreed to hand over to the transferee the vouchers, receipts, title documents
and such other deeds pertaining to the said flat.
8. That the transfer/development charges of the Shantiniketan Cooperative Housing Society

Limited, Pune, has been paid by the transferee.
9. That the transferee has agreed to abide by and comply with the bye-laws, rules and
regulations of the said Shantiniketan Cooperative Housing Society Limited, Pune, and pay its charges
regularly.
10. That the expenditure for stamps and registration of this document are exclusively borne out
by the transferee.
11. That this deed is subject to the provisions of the Maharashtra Cooperative Societies Act
1960 and the rules made thereunder.
12. That the property is situate at the revenue village Kothrud, Taluka Haveli, District Pune, and
its market value is Rs. 7,00,000. The transaction between the parties is for Rs. 7,00,000/-, and hence,
the assignee has paid stamp duty of Rs. 19,000/-, at the
time of the execution of the agreement to sell, on and
hence, has paid stamp of Rs. 100/- on this deed.

Legal Drafting 453
THE SCHEDULE OF THE FLAT ABOVE REFERRED TO : All that piece and parcel of premises bearing Flat
No. 1, admeasuring 650 sqft, i.e. 60.40 sq meters, on the Ground Floor, in Building No. D-4, in
Shantiniketan Cooperative Housing Society Limited, (No. 10) in the property bearing S. No. 102,
admeasuring an area of 26,500 sq meters, situated at the revenue village Kothrud, within the local
limits of the Pune Municipal Corporation, within the Registration Division & District Pune, Sub-
Division & Taluka Haveli.
abovementioned.
[ SHASHIKANT SYAMKANT SATHE ] TRANSFEROR
[ SHRIDHAR BALKRISHNA BHATE ] TRANSFEREE
Witnesses : 1.
2.
454 Legal Drafting
110. SALE-DEED
SALE-DEED
THIS DEED OF SELL made at Pune this day of 200...
BETWEEN
Shri A .B C , age 40 years, occupation - agriculture,
resident of 150 Hadapsar, Pune 411 028, hereinafter called the VENDOR, (which expression shall,
of the One Part
AND
Shri X Y Z , age 50 years, occupation - agriculture,
resident of 75 Hadapsar, Pune 411 028, hereinafter called the PURCHASER, (which expression shall,
of the Other Part.
the said property;
purchaser;
AND WHEREAS the parties hereto have entered into an agreement to
sell, on in respect of the said property;
AND WHEREAS in pursuance of the said agreement to sell, dated
the parties hereto have decided to complete the said transaction;
Legal Drafting 455
1. That in pursuance of the agreement to sell, dated .... the vendor does hereby sell, transfer
and convey his property bearing Plot No. 15, out of Survey No. 150, of the revenue village Hadapsar,
Taluka Haveli, District Pune, described in further details in the schedule hereunder, unto the
purchaser TO HAVE AND TO HOLD the same FOR EVER as the owner thereof.
2. That by way of consideration for the said sale, transfer and conveyance, the purchaser had
paid at the time of the execution
of the said agreement to sell, dated , towards earnest
money and part payment a sum of Rs. 50,000/-, and the remaining balance of Rs. 2,00,000/- has
today been paid by the purchaser unto the vendor, the receipt whereof the vendor does hereby
acknowledge unto the purchaser, and the vendor does hereby declare and confirm that now nothing
is due from the purchaser.
3. That the vendor has today put the purchaser in actual possession of the said property.
4. That the vendor does hereby declare and confirm that he, the vendor, shall not have any
right, title or interest in or over the said property or any part thereof.
5. That the purchaser shall get his name entered in the record of rights in respect of the said
property.
6. That the vendor does hereby assure unto the purchaser that the vendor has a clean, clear
and marketable title to the said property, and that he has neither subjected the same to any
acquisition proceeding.
7. That the vendor has applied for, obtained and furnished unto the purchaser all the necessary
permissions, exemptions and clearances under the provisions of law in force.
uptodate,
456 Legal Drafting
and those accruing and becoming due hereafter shall be borne out by the purchaser. 9. That as
agreed by and between the parties hereto, all the expenses of stamp duty and registration charges
have been borne out by the purchaser. THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All
that piece and parcel of land situate within the Registration Division & District Pune, Sub-Division &
Taluka Haveli, within the local limits of the Pune Municipal Corporation, revenue village Hadapsar,
bearing Plot No. 15, out of Survey No. 150, admeasuring 2000 sqft or thereabouts, and bounded by
as follows :
On or towards the East ... Plot No. 16,
On or towards the South ... Plot No. 18,
On or towards the North ' ... Nullah.
abovementioned.
[...ABC...] VENDOR
[ ... XYZ ... ] PURCHASER Witnesses :
1.
2.
Legal Drafting
457
111. DEED OF SALE
DEED OF SALE
THIS INDENTURE OF SALE made and executed at Rajgurunagar
(Khed) this day of 200...
BETWEEN
Smt S R R age 55 years, occupation-agriculture,
resident of 100 Bhandarkar Institute Road, Pune 411004, hereinafter called the VENDOR, (which
expression shall, unless repugnant to the context, mean and include her heirs, executors,
AND
1. Shri ....... B K ....... K age 50 years, occupation -
business, resident of 777 Deccan Gymkhana, Pulachiwadi, Pune 411004, and
2. Shri C T D age 55 years, occupation -
business, resident of 999 SadashivPeth, Pune 411 030, hereinafter called the PURCHASERS, (which
expression shall, unless repugnant to the context, mean and include their heirs, executors,
WHEREAS the property bearing Gat Nos. 180 and 181, of the revenue village Chakan, Taluka Khed,
District Pune, described in further details in the schedule hereunder, originally belonged to one, Shri
GFT and others;
AND WHEREAS the said owners, by a sale-deed, dated registered
with the office of the Sub-Registrar, Khed, at Sr. No transferred and
conveyed the said property in favour of the present vendor; is owned and possessed by the present
vendor;
AND WHEREAS since then, the present vendor has been possessing and enjoying the said property
as the owner thereof;
458 Legal Drafting
AND WHEREAS the present vendor has applied for and obtained the
NA permission in the year 200...., vide order bearing No. 2770, dated
200..., issued by the Tahsildar, Khed;
AND WHEREAS has intended to dispose of and transfer the said property for raising funds for her
personal reasons;
AND WHEREAS the present purchasers approached the vendor with such a proposal to purchase and
acquire the said property and also agreed upon the terms and conditions as worked out by and
between the parties;
AND WHEREAS the parties hereto have decided to reduce into writing the said terms and conditions
of their agreement;
1. That the vendor hereby conveys, sells and transfers unto the present purchasers her
property bearing Gat Nos. 180 and 181 of the revenue village Chakan, Taluka Khed, District Pune,
described in further details in the schedule hereunder TO HAVE AND TO HOLD the same FOR EVER as
the owners thereof.
2. That the purchasers have today paid unto the vendor an amount of Rs. 10,00,000/- by way
of consideration and purchase-price
by cheque No. 6579, dated , drawn on the Janata
Sahakari Bank Limited, Laxmi Road Branch, Pune, the receipt whereof the vendor does hereby
acknowledge unto the purchaser, and the vendor hereby declares and confirms that now nothing is
due from the purchasers unto the vendor towards the price-price.
3. That the vendor has assured linto the present purchasers that she, the vendor, has a clean,
clear and marketable title to the said property, and the same is encumbrance-free.
4. That the vendor has also assured unto the purchasers that the said property is neither a
subject-matter of any pending litigation, requisition or acquisition proceedings, and that the vendor
has the absolute right to sell, transfer and convey the same.
5. That the vendor has already paid all the taxes, cesses, charges and assessments payable in
respect of the said property uptodate,
Legal Drafting 459
and those accruing and becoming due hereafter shall be paid by the purchasers.
6. That the purchasers are purchasing the said property for using and utilising the same for
industrial purposes, and the purchasers shall be at liberty to have their industrial units on the said
property.
7. That the said property has been granted the NA permission, and the purchasers shall have
all such rights to put the said property for industrial use.
8. That the vendor has today put the purchaser in actual possession of the said property, and
the purchasers hereby declares and confirms that she, the vendor, shall not have any right, title or
interest in or over the said property or any part thereof.
9. That the purchasers shall get their name entered in the record of rights in respect of the said
property.
10. That the vendor has applied for, obtained and furnished unto the purchasers all the
necessary permissions, exemptions and clearances under the provisions of law in force required for
the due and effective execution of these presents.
9. That as agreed by and between the parties hereto, all the expenses of stamp duty and registration
charges have been borne out by the purchasers alone.
All that piece and parcel of land situate within the Registration
Division & District Pune, Sub-Division & Taluka Khed, within the local
limits of the Pune Zilla Parishad, revenue village Chakan, bearing Gat Nos.
180 and 181, respectively admeasuring 2 hectares and 5 hectares or
[1] Gat No. 180 - On or towards the East ... Gat No. 182,
On or towards the South ... Gat No. 185,
On or towards the North ... Nullah.
460 Legal Drafting
[2] Gat No. 181 - On or towards the East ... Gat No. 180,
On or towards the South ... Gat No. 189,
On or towards the North ... Gat No. 187.
IN WITNESS WHEREOF the parties hereto have signed hereunder at Rajgurunagar (Khed) the date
first abovementioned.
[...SRR...] VENDOR
1. [...BKK...]
2. [...CTD...] PURCHASERS
Witnesses :
1.
2.
461
112. POSSESSION-NOTE
THIS POSSESSION-NOTE is made and executed at Pune this ___
day of 200_
BETWEEN
M/s Anand Associates, a partnership firm registered under the Indian Partnership Act 1932, having
its office at 900 Deccan Gymkhana, Pune 411004, acting through its partner,.Shri SVB, age 43 years,
occupation - business, resident of 900 Deccan Gymkhana, Pune 411004, hereinafter called the
PARTY NUMBER ONE, (which express shall, unless repugnant to the context, mean and include the
said firm, its present and future partners, their heirs, executors, administrators and assigns) of the
One Part
AND
Shri YSR, age 25 years, occupation - service, resident of 450 Ganesh Peth, Pune 411 002, hereinafter
called the PARTY NUMBER TWO, (which express shall, unless repugnant to the context, mean and
include his heirs, executors, administrators and assigns) of the Other Part.
WHEREAS the property bearing CTS No. 760, of Deccan Gymkhana, Pune 411 004, had been owned
by the present party No. 2;
AND WHEREAS the present party No. 2, by an agreement, dated
., entered into to sell the said property unto the party No. 1;
AND WHEREAS towards the purchase-price of the said property, by way of part payment, the party
No. 1 had agreed to allot unto the party No. 2 two flats on the ground floor of the proposed building
as specified in the said agreement;
AND WHEREAS the party No. 1, thereafter, had initiated and carried out the work of construction,
and now the construction is duly completed;
AND WHEREAS the party No. 1 has already paid unto the party No. 2 the cash amounts that were
payable in terms of the said agreement, and now, since the flats are ready for delivery;
462 Legal Drafting

1. That the party No. 1 has today delivered vacant and physical possession unto the party No. 2
of the two flats on the ground floor consisting of the entire ground floor, and the party No. 2 has
taken and accepted without any complaint the possession of the said ground floor.
2. That the party No. 2 hereby declares, confirms and acknowledges that the delivery of this
area on the ground floor is towards the full satisfaction of the liability of the party No. 1 to deliver
the constructed area to the party No. 2 in terms of the said agreement, and now the party No. 2
does not have any grievance or complaint about the quality or area of the construction.
3. That though in the original agreement, the area of each flat was stated to be 850 sqft, as per
the sanctioned drawings, the possible area has been obtained, and the total of it that has been
allotted to the party No. 2, and though it may be less than the agreed area, the party No. 2 has
accepted that in full satisfaction of the original agreement in view of the fact that the party No. 1 has
carried out for the party No. 2 extra work using special specifications of sanitary blocks, tiling of the
hall and concealing wiring, cupboards, etc.
abovementioned.
Sd/- SVB PARTY NUMBER ONE
Sd/- SYR PARTY NUMBER TWO Witnesses :
1. Sd/-xXx
2. Sd/-xXx
463
113. AFFIDAVIT
Affidavit is a Latin word. Affidavit is a declaration as to the facts, made in writing, sworn before a
person having authority to administer an oath. Generally, interlocutory applications such as an
application for attachment before judgement, interim injunction, appointment of a court receiver,
etc. are supported by and decided on the basis of affidavits.
The word "affidavit" simply means a declaration made on in writing; a written statement, made on
oath, to be used as legal proof.
AFFIDAVIT
I, Shri A B .C , age 35 years, occupation - service,
resident of 1250 Deccan Gymkhana, Pune 411 004, do hereby state on solemn affirmation as follows
:
1. That was born at on

2. That I passed my SSC Examination from the Maharashtra State Board of Secondary
Education, Pune Division, in March
3. That I passed my HSC Examination from the Maharashtra State Board of Higher Secondary
Education, Pune Division, in March
4. That I was graduated from the University of Pune in the year
In the Faculty of Arts/Commerce/Science.
5. That I j oined the Government service in the Public Works Department as an Assistant, on
;
6. That I already completed the Diploma in Computer Technology conducted by the

Maharashtra State Board of Technical Examinations, Mumbai, in the year
knowledge and belief, and so I have signed hereunder at Pune this : day
of 200_
Sd/- ABC AFFIANT I know the Affiant.
Sd/- x X x ADVOCATE
464 Legal Drafting
AFFIDAVIT
I, Shri Arun Ganesh Kulkarni, , age 35 years, occupation - service, resident of 1200 Kasba Peth, , Pune
411 Oil, do hereby declare and state on solemn affirmation as follows :
1. That I do not own any residential house or house site or plot in my name or in the name of
any member of my family.
2. That neither I am nor any other member of my family is a member of any cooperative
housing society.
3. That I am making this affidavit as I have purchased a residential flat in the Aum Cooperative
Housing Society Limited, at Plot No. 40, Rambag Colony, Kothrud, Pune 411 038.
4. That I am also making this affidavit in order to confirm these facts to be submitted to the
registering authority of the societies.
WHAEVER stated above is true and correct to the best of my knowledge
and belief, and so I have signed hereunder at Pune this _vday of 200_
[ ARUN GANESH KULKARNI ] AFFIANT

Identified by -
SdAxXx ADVOCATE
465
114. POWER OF ATTORNEY
HIGHLIGHTS
If any person is unable to attend to his affairs, he authorises someone in whom he has confidence to
carry on with his work for him and on his behalf. In that case, he gives a power of attorney to such
person.
Principal is a person who gives power, and attorney is a person in whose favour power is given. Thus,
an attorney is a person with legal authority to act for another in business or law. A written authority
by which a person appoints another to act for him.
Power of Attorney
General Special
More than one transaction Single/One transaction
or several transactions Execution on Rs. 100/-
Execution on Rs. 100/- Stamp Paper
Stamp Paper
466
115. SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, Shri _A_B_C, age 65 years, occupation - business,
resident of 500 Erandwana, Pune 411004, do hereby appoint, nominate and constitute Shri _X_Y_Z,
age 25 years, occupation - business, resident of 450 Shivajinagar, Pune 411 005, to be my lawful
attorney to do for me, in my name and on my behalf all or any of the following acts, deeds and
things in respect of the Special Civil Suit No. 225/2003 filed by me in the Court of the Civil Judge,
Senior Division, Pune :
1. To appear in the said court of law.
2. To engage and instruct advocates for conducing the said case.
3. To prepare, sign and verify pleadings, affidavits, etc.
4. To give evidence in the court of law.

5. To compromise or withdraw the said civil suit.
6. AND GENERALLY to do all other acts, deeds and things as may be necessary for effectively
carrying out the powers hereby given.
I do hereby declare that all such acts, deeds and things as may be lawfully done by my said attorney
by virtue of the powers hereby given shall be construed to be the acts, deeds and things as if done
by me personally, I do hereby agree and undertake to ratify and confirm the same.
IN WITNESS WHEREOF I have signed hereunder at Pune this _ day
of .. 200_
Sd/- ABC PRINCIPAL I know the Principal. Sd/-xXx ADVOCATE
Legal Drafting 467
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, Shri Chandrakant Shridhar Joshi, age 47 years,
occupation - service, resident of 110 Kamala Nehru Park, Erandwana, Pune 411 030, do hereby
appoint, nominate and constitute my wife, Smt. Shailaja Chandrakant Joshi, age 42 years, occupation
- household, resident of 110 Kamala Nehru Park, Erandwana, Pune 411 004, to be my lawful attorney
to do for me, in my name and on my behalf all or any of the following acts, deeds and things :
1. To look after the shop No. 6 allotted to me by the Pune Municipal Corporation in the
Sahyadri Shopping Centre.
2. To surrender the right, title and interest in the said shop in favour of the Municipal
Corporation.
3. To hand over the possession of the said shop to the Municipal Corporation.
4. To evict and exclude any persons who may be claiming possession thereof, and, if necessary,
to take an appropriate legal action therefor.
5. To sign the necessary documents, agreements, receipts, undertakings, declarations, as may

be required for the surrender of the said shop.
6. To conduct legal proceedings by signing and verifying pleadings, engaging and instructing
lawyers for taking necessary steps, if filed against me or by me in respect of the said shop.
I do hereby agree and undertake to ratify and confirm all such acts, deeds and things as may be
lawfully done by my said attorney by virtue of the powers hereby given, and I further agree that all
such acts, deeds and things as may be lawfully done by my said attorney shall be construed to be the
acts, deeds and things as if done by me personally.
of 200_
Sd/- Chandrakant Shridhar Joshi
PRINCIPAL I know the Principal. Sd/-xXx ADVOCATE
468
116. GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, Shri A B C, age
65 years, occupation - pensioner, resident of 55 Rasta Peth, Pune 411011,
do hereby appoint, nominate and constitute, Shri A B C, age
25 years, occupation - service, resident of 500 Shivajinagar, Pune 411 005, to be my lawful attorney
to do for me, in my name and on my behalf all or any of the following acts, deeds and things :
1. To manage and look after my house properties at Kothrud, Somwar Peth and Mangalwar
Peth.
2. To collect the amounts of monthly rent from my tenants and pass proper receipts therefor.
3. To deposit the said amounts in my savings account with the Bank of Maharashtra, Deccan
Gymkhana Branch.
4. To withdraw amounts from the said account.
5. To file necessary and appropriate legal actions in the courts of law against the tenants or any
other persons in respect of the said properties.
6. To engage advocates and other professionals and to instruct them.
7. To prepare, sign and present the necessary pleadings and documents and also verify the
same.
8. To give evidence in the courts of law.
I do declare that all such acts, deeds and things as may be lawfully done by my said attorney by
virtue of the powers hereby given shall be construed to be the acts, deeds and things as if done by
me personally, and I do hereby agree and undertake to ratify and confirm the same.
of .. 200_
Sd/-ABC PRINCIPAL I know the Principal. Sd/- x X x ADVOCATE
469
117. IRREVOCABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, Shri Nanasaheb Kakasaheb Gode, age 70 years,
occupation - business, resident of 1450 Sadashiv Peth, Pune 411 030, do hereby appoint, nominate
and constitute, Shri Rajendra Pandurang Chavan, age 25 years, occupation - business, resident of
1050 Shukrawar Peth, Pune 411 002, to be my lawful attorney to do for me, in my name and on my
behalf all or any of the following acts, deeds and things in respect of my property bearing CTS No.
1450 Sadashiv Peth, Pune City :
1. To possess and manage the said property.
2. To take necessary action for preserving and protecting the said property.
3. To prepare, sign and submit drawings, plans and applications for construction to the Pune
Municipal Corporation.
4. To apply for revision of drawings, plans already submitted to the Pune Municipal
Corporation.
5. To do all such acts as may be necessary to get such drawings and plans sanctioned from the
Pune Municipal Corporation or other bodies.
6. To apply for exemptions, modifications, revisions, no objection certificates and permissions

from the competent authority or any other authority under the Urban Land (Ceiling & Regulation)
Act 1976.
7. To apply for non-agricultural use to the appropriate authority and to obtain non-agricultural
use permissions and sanad.
8. To file suits or proceedings, to conduct suits or proceedings, if filed in respect of the said
property.
9. To engage and instruct lawyers, to depose and testify before the courts of law, to file
affidavits, to sign pleadings and written statements, if necessary, before courts, to compromise and
withdraw the suits, to deposit and withdraw amounts from the courts.
10. To appear before the Pune Municipal Corporation, Urban Land Ceiling and revenue
authorities.
470 Legal Drafting
11. To sign and make affidavits, declarations, indemnity bonds and undertakings as may be
required for the due exercise of the powers hereby given.
12. To apply for cement, steel and other construction materials and to receive the same.
13. To apply for electrical, water and drainage connections and to receive the same.
14. To enter into agreements to sell the residential flats, commercial units, shops in the
proposed building to be constructed on the said property.
15. To receive part or full amounts of purchase-prices from the purchasers and to pass receipts
for the same.
16. To hand over possession of the premises to the purchasers;
17. To sign and deliver for registration and admit the execution of sale-deeds for conveyance in
respect of the flats/shops/offices in favour of the individual purchaser or society or association of
purchasers.
18. AND GENERALLY To do all other acts, deeds and things as may be necessary for effectively
carrying out the powers hereby conferred on him by these presents.
I do declare that all such acts, deeds and things as may be lawfully done by my said attorney by
virtue of the powers hereby given shall be construed to be the acts, deeds and things as if done by
me personally, and I do hereby agree and undertake to ratify and confirm the same.
This power of attorney being executed for consideration shall be irrecoverable, and shall be good for
and on behalf of all or any of us/
of 200_
Sd/- Nanasaheb Kakasaheb Gode PRINCIPAL I know the Principal.
Sd/- xXx ADVOCATE
471
118. INDEMNITY BOND
THIS INDEMNITY BOND made at Pune this day of 200_
BETWEEN
Shri A B C , age 40 years, occupation - business, resident
of 111 Shaniwar Peth, Pune 411 030, hereinafter called the INDEMNIFIER, (which express shall,
unless repugnant to the context, mean and include her heirs, executors, administrators and assigns)
of the One Part
AND
Shri X Y Z , age 45 years, occupation - business, resident
of 111 Shaniwar Peth, Pune 411 030, hereinafter called the INDEMNIFIED, (which express shall,
unless repugnant to the context, mean and include her heirs, executors, administrators and assigns)
of the Other Part.
WHEREAS the property bearing House No. 125 Budhwar Peth, Pune 411002m is owned and
possessed by the indemnifier;
AND WHEREAS the indemnifier has sold, transferred and conveyed
the said property unto the indemnified by a sale-deed, dated .;
AND WHEREAS the said sale-deed executed by and between the parties hereto has also been
registered with the office of the Joint Sub-Registrar, Haveli No. II, at Sr. No. 1760;
AND WHEREAS during the course of the said transaction and while its completion, the indemnifier
represented unto the indemnified that the former had an absolute legal right and authority to sell,
transfer and convey the said property;
AND WHEREAS the indemnified has required and called upon the indemnifier to indemnify the
indemnified if the event of any loss or damage, if occurred, unto the indemnifier;
AND WHEREAS the indemnifier having received the full and final consideration of the purchase-price
has agreed to execute the indemnity bond being these presents;
472 Legal Drafting
AND WHEREAS the parties hereto have decided to reduce into writing the terms and conditions,
which they have worked out and agreed to;
1. That the indemnifier does hereby agree and undertake to indemnify the indemnified for any
loss or damage caused in respect of the said property.
2. That on the basis of the assurance offered by the indemnifier by way of these presents that
the indemnified has agreed to purchase and acquire the said property.
3. That the indemnifier has been executing this bond only as a part and by
, way of the promise given by him to indemnify the loss or damage, if
caused* in respect of the said transaction or property.
at Pune this .. day of200_
Sd/- ABC INDEMNIFIER

Witnesses : Sd/- XYZ
INDEMNIFIED 1. Sd/-xXx
2. Sd/-xXx
Legal Drafting 473
INDEMNITY BOND
WHEREAS the Government of India in consultation with the Government of People's Republic of
China has arranged pilgrimage of Indian citizens to Kailash and Manasarovar Shrines situate in the
Himalayas;
AND WHEREAS the executant Shri S S T, age 35 years, occupation
- business, resident of 50 Erandwana, Karve Road, Pune 411004, a citizen of India (hereinafter called
as the applicant, which term shall include his successors, heirs, legal representatives and assigns) has
made an application for joining the pilgrimage of Kailash/Mansarovar Shrines;
AND WHEREAS the applicant has agreed to abide by the terms and conditions prescribed by the
Government of India of his own free will, voluntarily and without any coercion or pressure of any-
kind;
AND WHEREAS the rules prescribed by the Government of India require an indemnity bond to be
executed by the applicant;
NOW, THIS BOND WITNESSES as follows : In consideration of the President of India (hereinafter
called "the Government") having agreed to assist in the arrangement for the pilgrimage of the
applicant to Kailash/Manasarovar Shrines, the abovementioned applicant agrees to abide by the
following terms and conditions :
1. That the applicant is joining the aforesaid pilgrimage of his own free will and on his own
personal risk, expenses of all sorts whatsoever and consequences.
2. That the appellant shall abide by the rules, regulations, terms and conditions prescribed by
the Government of India and undertakes to hold himself responsible for any breach or violation
thereof.
3. That the applicant or his legal representatives will not hold the Government of India liable in
any manner whatsoever in the event of any accident or any untoward happening that may result in
injury to the applicant or damage or loss of property to the applicant of any nature due to any
natural calamity o due to any other reason whatsoever.
474 Legal Drafting

4. That the applicant or his legal representatives will not claim from the Government of India
any damage in the event of any loss or damage to his person or property including death.
5. That the abovenamed applicant hereby further agrees that the indemnity hereunder
contained shall remain in full force and effect during the period of the aforesaid pilgrimage and for a
period of one year thereafter, and that shall continue to be enforceable till all the dues of the
Government and all claims raised by the Government under or by virtue of the aforesaid
undertaking have been fully paid and its claims satisfied or discharged or till the Government
certifies that the rules and regulations have been fully and properly carried out by the applicant, and
accordingly he discharges the indemnity bond.
6. That the abovenamed applicant hereby further agrees with the Government that he shall
not be allowed to proceed further and shall have to return from the pilgrimage, if the Government is
satisfied that he is unfit to proceed further at any time or stage of the pilgrimage. The abovenamed
applicant further agrees that in the event of his not being allowed to proceed and having to return
from the pilgrimage, no money deposited by the aforesaid applicant for the purpose of pilgrimage
will be refunded to him.
7. That the abovenamed applicant further agrees to refund the entire sum in foreign exchange
which was sanctioned for the pilgrimage to the Government of India's Reserve Bank, if he does not
proceed or return from the pilgrimage at any stage of the pilgrimage.
8. That the abovenamed applicant further agrees with the Government that the Government
shall have the fullest liberty without his consent and without affecting in any manner his obligations
hereunder to vary any of the rules and regulations according to the circumstances from time to time
and to forbear or enforce any of the terms and conditions of the said agreement, and he shall not be
relieved from his liability by reason of any such variation.
Legal Drafting 475
9. This indemnity bond will not be revoked by any change of circumstances.
10. The abovenamed applicant lastly undertakes not to revoke this indemnity bond during its
currency except with the previous consent of the Government in writing.
IN WITNESS WHEREOF the abovenamed applicant has signed this
indemnity bond at Pune this .. day of.. 200_
Sd/- SST EXECUTANT Witnesses :
1. .Sd/-xXx
2. .Sd/-xXx
476
119. WILLS & CODICILS
HIGHLIGHTS
WILL = Section 2 (h) of the Indian Succession Act - A legal declaration of the intentions of the testator
with respect to his property which he desires to be carried into effect after his death. It is a
statement in writing to the effect that somebody wishes his property to be distributed after his
death.
CODICIL = Section 2 (b) of the Indian Succession Act - An instrument made in writing in relation to a
will, explaining, altering or adding to its dispositions and shall be deemed to form a part of the will.
1. A will does not take effect from the date of its execution but from the
date of the death of the testator. Therefore, the draftsman has to
consider not only the circumstances of Lhe testator at the time when
he executes the will but also what may be possible at the time of his
death. He requires to have an experienced and a well-cultivated
- imagination and visualisation.
2. No particular form or technical words are necessary, but the intentions of the testator
should be clearly known.
3. A will can be revoked by the testator anytime during his lifetime.
4. In case of two wills, the first will shall be revoked.
5. The will should be attested by two or more witnesses, and the testator should sign in the
presence of the witnesses, so also the witnesses should sign in the presence of the testator.
6. The testator may appoint an executor.
7. Tenancy rights cannot be bequeathed by will.
8. A will is not a compulsorily registrable document.
9. No stamp paper is required for writing down the contents of the will.
10. Every person of sound mind, (not being a minor) may dispose of his property by will.
Property may be movable or immovable.
11. It is said that if a person dies without writing a will, the lawyers become their heirs. Will,
partition and succession have been steady sources of litigations and family feuds.
Legal Drafting 477
12. A will shall be revoked by the subsequent marriage of the testator.

13. The legatee and executor should not sign as witnesses.
14. Though it is not necessary to register a will, it is advisable to do so, as it is a stamp of

genuineness to it.
15. If the testator has appointed an executor, he/she has to get "probate" and "letters of
administration" from the district court after the death of the testator. Probate means the copy of
the will certified under the seal of the court with the grant of administration to the estate of the
testator. Probate will be granted only to the executor appointed by the will. If the deceased did not
leave a will, the court can grant letters of administration to any person who would be entitled to the
whole or part of the estate.
Attestation to Will or Codicil
We, (1) Shri A B C and (2) Shri X _Y .Z,
the undersigning attesting witnesses, have seen the testator executing this will, and each of us has
signed in the presence of the said testator.
Sd/- ABC Sd/- XYZ WITNESSES
478
120. WILL
KNOW ALL MEN BY THESE PRESENTS that I, Shri _0... .L_.D, age 95 years, occupation - Nil, resident of
1000 Shivajinagar, Pune 411 005, do hereby declare that I have not made any will or testamentary
writing before, I do hereby declare this to be my last will and testament, providing as follows :
1. That I have my wife, Sou. W. two sons, S-l and S-2 and two daughters, Sou. D-l and Sou. D-2.
2. That both the daughters are married and well provided for, and hence, I have not made any
provision for them in this will.
3. That I have the following properties :
(A) House Property at CTS No. 1000 Shivajinagar, Pune City.
(B) Plot of land at S. No. 125, of Kothrud, Pune.
(C) AamountofRs. 6,00,000/- in a fixed deposit with the Cosmos Cooperative Bank Limited,
Shivajinagar Branch.
(D) Savings account with Janata Sahakari Bank Limited, Shivajinagar Branch.
(E) Gold ornaments and jewellery worth Rs. 4,00,000/-.

4. That I do hereby bequeath the said house property at 1000 Shivajinagar, Pune City, to my
wife alone.
5. That I do hereby bequeath the said plot of land at S. No. 125 of Kothrud, Pune, to my sons
equally.
6. That I do hereby bequeath the said amount of Rs. 6,00,000/- in the fixed deposit to my wife
and sons equally.
7. That I do hereby bequeath all the gold ornaments and jewellery to my wife alone.
8. That I do hereby bequeath all the amount in the savings accounts with the Janata Sahakari
Bank Limited to my wife alone.
9. That it is my last wish that both my sons should love their mother and pay her due respects
and also take all possible care of her health till she breathes her last.
10. That it is also my last wish and will that on my death, there should be minimum and simple
cremation ceremonies, and all the expenses in that behalf should be met with my said savings
account.
Legal Drafting 479
IN WITNESS WHEREOF I have signed hereunder at Pune this _. day
of 200_
Sd/- OLD TESTATOR
We, (1) Shri A B _ C ___, and (2) Shri X __Y Z,
Sd/- ABC Sd/- XYZ WITNESSES
Note : This topic being of a very great importance, one more draft is provided.
480 Legal Drafting
WILL
KNOW ALL MEN BY THESE PRESENTS that I, Shri_P B_.G, age
46 years, occupation - engineer, resident of 200 Kamala Nehru Park, Erandwana, Pune 411 004, do
hereby revoke all my previous wills and codicils, if any, and declare this to be my last will and
testament to provide as follows :
1. That I wish to record with great satisfaction that I had, too, in life on my own, the pleasure
and satisfaction of coming up on my own in life is unparallel. My story of success is a story of
struggle, yet it must be said that my hard work was backed by God's Grace. I had been successful
enough not only in pecuniar matters but also careerwise coming down from a very small village in
quite undeveloped district like Solapur. I could settle in Pune and work in Nigeria and build up an
inevitable career. A matter of most satisfaction is that my wife and children have given me so much
pleasure, and they had been so good, I consider them my real assets.
2. That my wife, Sou. Shaila, has worked very hard, has coped with all the problems and
situations and had willingly and passionately accompanied me in my bad and good days with such
goodness, love, affection and understanding that I feel what I could be without her part would not
be. She played a major role in keeping my family together and bringing up the children, and
whatever is mine is equally hers.
3. That in the days of ultra-modern misconcepts ignoring the values in life, I find myself
extremely lucky to have children so good behaved, responsible and good-natured, and I am sure that
they will be too good in life. I am also sure that they will live a better life than what I could make out.
All that I want them to do is to love their mother unto the end and always to act and behalf in such a
way as would add to the name and glory of the family.
4. That I had been planning a life on the reasons in my own young age that being the progress I
made by lips and bounds has proved to be a bonus in my life, and it is at this background that I wish
that when
Legal Drafting 481
the sons have every required facility at their disposal, they should recover a lot more ground and
make myself and my wife more proud of them.
That though for me, my wife and children are the real wealth and continuation does them of my
ambition would be my real legacy, yet it is desirable that to dispose by this will my properties and
hence, I hereby provide as under :
(A) I do hereby bequeath the flat in Avanti Apartments, Kamala Nehru Park, Erandwana, Pune
411 004, unto my wife, Mrs. Shaila for her life, and then, absolutely and equally unto my sons, SI, S2
and S3.
(B) That I do hereby bequeath the office No. 25 in the Supreme Chambers, 20 Karve Road,
Erandwana, Pun4 411 004, unto my wife, Mrs. Shaila.
(C) That I do hereby bequeath my bungalow in Indira Housing Society, Solapur, to my wife, Mrs.
Shaila alone.
(D) That I do hereby bequeath the agricultural lands at Pathari, Taluka & District Solapur, to my
wife and sons equally.
(E) That I do hereby bequeath all and whatsoever ornaments, gold

and silver we possess to my wife alone,
(F) That I do hereby bequeath my car, the premier Padmini, Model
1993, to my wife alone.
(G) That I do hereby bequeath an amount of Rs. 10,00,000/-
(Rupees Ten Lakhs Only) lying in the fixed deposit with the
State Bank of India, Deccan Gymkhana Branch, to my wife
and sons equally.
(H) That I do hereby bequeath the amount of deposit in foreign exchange account to my wife and
sons equally.
(I) That all and whatsoever other properties I possess, own or may be found to be possessed or
owned at the time of my death are bequeathed to my wife alone.
That if the legacies hereby conferred upon my wife were to lie
unutilised and unattended to because of her untimely death, the
same shall go equally to my sons.
480 ' Legal Drafting
7. That so long as my sons have not attained the age of twentyone years, it will be obligatory
for them to take every decision only in consultation with and approval of my wife only.
8. That if any of the legatees under this will were to die leaving behind the legacies conferred
upon such legatees, such properties shall revert equally unto the others.
9. That if my wife and children were to die untimely deaths, all and whatsoever properties
might belong to them, those shall be given to such public trust undertaking the work of public
welfare.
IN WITNESS WHEREOF I have signed hereunder at Pune this _. day
of .. 200_
Sd/- PBG TESTATOR
We, (1) Shri A B_C and (2) Shri X _Y _.Z,
Sd/- ABC
Sd/- XYZ
WITNESSES
483
121. CODICIL
KNOW ALL MEN BY THESE PRESENTS that I, Shri _0 L D,
age 95 years, occupation - Nil, resident of 1000 Shivajinagar, Pune 411 005, do hereby make this
codicil in addition to the will made by me on 1st
January 199 .
By this codicil, I do hereby change the provisions contained in the said will as follows :
1. That after the death of my wife, on 15th August 200_, I do hereby bequeath the said house
property at 1000 Shivajinagar, Pune City, to my sons equally.
2. That I do hereby bequeath the said amount of Rs. 6,00,000/- in the fixed deposit to my sons
equally.
3. That I do hereby bequeath all the gold ornaments and jewellery to both of daughters-in-law
equally.
4. That I do hereby bequeath all the amount in the savings accounts with the Janata Sahakari
Bank Limited to my sons equally.
5. That I do hereby declare that the rest of the provisions made by me in the said will shall
remain in full force and effect.
IN WITNESS WHEREOF I have signed hereunder at Pune this day
of 200_
Sd/- OLD TESTATOR
We, (1) Shri A B_C and (2) Shri X __Y _.Z, the
undersigning attesting witnesses, have seen the testator executing this will, and each of us has
Sd/-ABC Sd/- XYZ WITNESSES

485
PART - VI
LAW OF ADVOCACY AND PFOFESSIONAL ETHICS
*"
487
LAW OF ADVOCACY AND PFOFESSIONAL ETHICS
122. STANDARDS OF PROFESSIONAL CONDUCT AND ETIQUETTE
PREAMBLE
An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the
Court, a privileged member of the community, and a gentleman, bearing in mind that what may be
lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his own
non-professional capacity may still be improper for an Advocate. Without prejudice to the generality
of the foreign obligation, an Advocate shall fearlessly uphold the interests of his client, and in his
conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter
mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific
mention thereof shall not be construed as a denial of the existence of others equally imperative
though not specifically mentioned. SECTION I - DUTY TO THE COURT
1. An Advocate shall, during the presentation of his case and while otherwise acting before a
Court conduct himself with dignity and self-respect. He shall not be servile and whenever there is a
proper ground or serious complaint against a judicial officer, it shall be his right and duty to submit
his grievance to proper authorities.
2. An Advocate shall maintain towards the Courts a respectful attitude, bearing in mind that
the dignity of the judicial office is essential for the survival of a free community.
3. An Advocate shall not influence the decision of a Court by any illegal or improper means.
Private communications with a judge relating to a pending case are forbidden.
4. An Advocate shall use his best efforts to restrain and prevent his client from resorting to
sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or parties
which
488 Legal Drafting

the Advocate himself ought nolo do. He shall not consider himself a mere mouthpiece of the client,
and shall exercise his own judgement in the use of restrained language in correspondence, avoiding
scurrilous attacks in pleadings, and using intemperate language during arguments in Court.
5. An Advocate shall appear in Court at all times only in the prescribed dress, and his
appearance shall always be presentable.
6. An Advocate shall not enter appearance, act, plead or practise in any way before a Court,
Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is
related to the Advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin,
husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law,
brother-in-law or sister-in-law.
7. Ah Advocate shall not wear bands or gown in public places other than in Courts except on
such ceremonial occasions, and at such places as the Bar Council of India, or the Court may
prescribe.
8. An Advocate shall not appear in or before any Court or Tribunal or any other authority for or
against an organisation or institution, society or corporation, if he is a member of the "Executive
Committee" of such organisation or institution or society or corporation.
9. An Advocate should not act or plead in any matter in which he is himself pecuniarily
interested, e.g. He should not act in a bankruptcy petition when he himself is also a creditor of the
bankrupt.
10. An Advocate should not stand as s surety, or certify the soundness
of a surety, for his client required for the purpose of legal proceedings.
SECTION II - DUTY TO THE CLIENT
11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any other
authority in or before which he professes to practise at a fee consistent with his standing at the Bar
and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.
12. An Advocate shall not ordinarily withdraw from engagements, once accepted, without
sufficient cause and unless reasonable and sufficient
Legal Drafting 489
notice is given to the client. Upon his withdrawal from a case, he shall refund part of the fees as he
has not earned.
13. An Advocate should not accept a brief or appear in a case in which he has reason to believe
that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on
a material question of fact, he should not continue to appear as an Advocate if he can retire without
jeopardising his client's interests.
14. An Advocate shall, at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosures to his client relating to his connection with the
parties and any interest in or about the controversy as are likely to affect his client's judgement in
either engaging him or continuing the engagement.
15. It shall be the duty of An Advocate fearlessly to uphold the interests of his client by all fair
and honourable means without regard to any unpleasant consequences to himself or any other. He
shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the
accused, bearing in mind that his loyalty is to the law which requires that no man should be
convicted without adequate evidence.
16. An Advocate appearing for the prosecution in a criminal trial shall so conduct the
prosecution that it does not lead to conviction of the innocent. The suppression of material capable
of establishing the innocence of the accused shall be compulsorily avoided.
17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by
Section 126 of the Indian Evidence Act.
18. An Advocate shall not, at any time, be a party to fomenting of litigation.
19. An Advocate shall not act on the instructions of any person other than his client or his
authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to
share the proceeds thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or
interest in any actionable claim. Nothing in this
Legal Drafting
Rule shall apply to stock, shares and debentures or government
securities, or to any instruments which are, for the time being, by
law or custom, negotiable or to any mercantile document of title to
goods.
An Advocate shall not, directly or indirectly, bid for or purchase,
either in his own name or in any other name, for his own benefit or
for the benefit of any other person, any property sold in the execution
6f a decree or order in any suit, appeal or other proceeding in which
he Was in anyway professionally engaged. This prohibition, however,
does not prevent An Advocate from bidding for or purchasing for his
client any property which his client may himself legally bid for or
purchase, provided the Advocate is expressly authorised in writing
in this behalf.
An Advocate shall not adjust fees payable to him by his client
against his own personal liability to the client, which liability does
not arise in the course of his employment as an Advocate.
An Advocate shall not do anything whereby he abuses or takes
advantage of the confidence reposed in him by his client.
An Advocate should keep accounts of client's money entrusted to
him, and the accounts should show the amounts received from the
client or on his behalf, the expenses incurred for him and the debits
made on account of fees with respective dates and all other necessary
particulars.
Where monies are received from or on account of a client, the entries
in the accounts should contain a reference as to whether the
amounts have been received for fees or expenses, and during the
course of the proceedings, no Advocate shall, except with the
consent in writing of the client concerned, be at liberty to divert any
portion of the expenses towards fees.
Where any amount is received or given to him on behalf of his client,
the fact of such receipt must be intimated to the client as early as
possible.
After the termination of the proceeding, the Advocate shall be at
liberty to appropriate towards the settled fee due to him, any sum
Legal Drafting 491
remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has
come into his hands in that proceedings.
29. Where the fees have been left unsettled, the Advocate shall be entitled to deduct, out of any
money of the client remaining in his hands at the termination of the proceeding for which he had
been engaged, the fee payable under the rules of the Court, in force for the time being, or by then
settled and the balance, if any, shall be refunded to the client.
30. A copy of the client's account shall be furnished to him on demand provided the necessary
copying charge is paid.
31. An Advocate shall not enter into engagements whereby funds in his hands are converted
into loans.
32. An Advocate shall not lend money to his client for the purpose of any action or legal
proceedings in which he is engaged by such client. However, an Advocate shall not be held guilty of a
breach of this rule, if, in the course of a pending suit or proceeding, and without any arrangement
with the client in respect of the same, the Advocate fees compelled by reason of the rule of the
court, to make a payment to the court on account of the client for the progress of the suit or
proceeding.
33. An Advocate who has, at any time, advised in connection with the institution of a suit,
appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for
the opposite party.
SECTION III - DUTY TO OPPONENT
34. An Advocate shall not in any way communicate or negotiate upon the subject-matter of
controversy with any party represented by an Advocate except through that Advocate.
35. An Advocate shall do his best to carry out all legitimate promises to the opposite party even
though not reduced to writing or enforceable under the rules of Court.
492 Legal Drafting
SECTION IV - DUTY TO COLLEAGUES
36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by
circulars, advertisements, touts, personal communications, interviews not warranted by personal
relations, furnishing or inspiring newspaper comments or procuring his photographs o be published
in connection with cases in which he has been engaged or concerned. His signboard or name-plate
should be of a reasonable size. The signboard or name-plate or stationery should not indicate that
he is or has been president or member of a Bar Council or any Association or that he has been
associated with any person or organisation or with any particular cause or matter or that he
specialises in any particular type of work or that he has been a Judge or an Advocate-General.
37. An Advocate shall not permit his professional services or his name to be used in aid of or to
make possible, the unauthorised practice of law by any agency.
38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client
is liable to pay the same.
39. An Advocate shall not enter appearance in any case in which there is already a vakalat or
memo or appearance filed by an Advocate engaged for a party except with his counsel; in case such
consent is not produced, he shall apply to the Court stating reasons why the said consent could not
be produced, and he shall appear only after obtaining the permission of the Court.
SECTION V - DUTY IN IMPARTING TRAINING
40. It is improper for an advocate to demand or accept fees or any
premium from any person as a consideration for imparting training
in law under the rules prescribed by a State Bar Council to enable
such person to qualify for enrolment under the Advocates Act 1961.
41.
SECTION VI - DUTY TO RENDER LEGAL AID
Every Advocate shall in the practice of profession of law bear in mind that any one genuinely in need
of a lawyer is entitled to legal
Legal Drafting 493
assistance even though he cannot pay for it fully or adequately and that within the limits of an
Advocate's economic condition, free legal assistance to the indirect and oppressed is one of the
highest obligations an Advocate owes to society.
SECTION VII - RESRICTIONS ON OTHER EMPLOYMENTS
An Advocate shall not personally engage in any business, but he may be a sleeping partner in a firm
doing business, provided that, in the opinion of the appropriate State Bar Council, the nature of the
business is not inconsistent with the dignity of the profession. An Advocate may be a Director or
Chairman of the Board of Directors of a Company with or without any ordinary sitting fee, provided
that none of his duties are of an executive character. An Advocate shall not be a Managing Director
or a Secretary of any Company. An Advocate shall not be a full-time salaried employee of any
person, Government, firm, corporation or concern, so long as he continues to practise, and shall, on
taking up any such employment, intimate the fact to the Bar Council on whose roll his name
appears, and shall thereupon cease to practise as an Advocate so long as he continues in such
employment.
Nothing in this rule shall apply to a law officer of the Central Government or the Government of a
State or of any Public Corporations or body constituted by statute who is entitled to be enrolled
under the rules of his State Bar Council made under Section 28(2)(d) read with Section 24(1 )(e) of
the Act despite his being a full-time salaried employee.
"Law Officer" for the purpose of this Rule means a person who is designated by the terms of his
appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his
employer.
An Advocate, who has inherited, or succeeded by survivorship to, a family business, may continue it,
but may not personally participate in the management thereof. He may continue to hold a share
with others in any business which has descended to him by survivorship
494 Legal Drafting
or inheritance or by will, provided he does not personally participate in the management thereof.
46., An Advocate mat review Parliamentary Bills for a remuneration, edit legal text-books at a salary,
do "Press vetting" for newspapers, coach pupils for legal examinations, set and examine question
papers and, subject to the rules against advertising and full-time employment, engage in
broadcasting, journalism, lecturing and teaching subjects both legal and non-legal.
47. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent
of the State Bar Council, part-time employment provided that in the opinion of the State Bar Council,
the nature of the employment does not conflict with his professional work and is not inconsistent
with the dignity of the profession. This rule shall be subject to such directives, if any, as may be
issued by the Bar Council of India from time to time.
48. An Advocate shall not scrutinise or assail the conduct or competence or morals of other
advocates.
49. An Advocate shall not behave with gross negligence involving moral turpitude or
delinquency even in its wider sense.
50. An Advocate shall not extort money from his client by terrorising him.
51. An Advocate shall take instructions from his client but shall act in his own judgment for the
best of his client, and if his client does not approve of his course, he shall withdraw from the case.
SECTION VIII - ADVOCATE'S RIGHTS
52. An Advocate has a right to :
(a) claim audience before courts or authorities where advocates are allowed to appear;
(b) exercise lien on the documents of his client in his hands for non-payment of fees, and
(c) withdraw from a case for want of instructions or just and reasonable cause.
495
123. THE INTERPRETATION OF STATUTES
A statute is defined to be "the will of the legislature". It is a document which presents an authentic
expression of the legislative will, while the function of a Court is to interpret that document. The
Court has, therefore, to make endeavours to give some meaning to an Act of Parliament. Lord
Greene, M.R., rightly said, "If there is one rule of construction for statutes and other documents, it is
that you must not imply anything in them which is inconsistent with the words expressly used". If
the language of the Act of Parliament is clear, the Court must give effect to it, because the very
words of the statute speak the intention of the legislature.
1. LITERAL INTERPRETATION OF STATUTE [Litera Legis) :
The Literal Construction is a grammatical interpretation of statutes. It simply means that not to
interpret but to apply laws. It should be without reading the law between the lines. Legislature is the
best law, and the statute should be interpreted or understood by letters. Regarding the problem of
interpretation, Salmond said, "When the legislature has not said what is meant or could not have
meant what it has said". Therefore, the factors such as omission or short statement or wrong
statement. Its ambiguity, incompleteness or inconsistency will have to be taken into consideration,
and each and every word in a statute has to be given a meaning of its own.
2. LOGICAL INTERPRETATION OF STATUTES [Sententia Legis) :
It means that the true intention of legislature should be arrived at.
(A) THE GOLDEN RULE: It is really a modification of the Literal Rule. Parke stated, "It is a very useful
rule, in the construction of a statute, to adhere to the ordinary meaning of the words use, and to the
grammatical construction, unless that is at variance with the intention of the legislature, to be
collected from the statute itself, or leads to any manifest absurdity or repugnance, but no further.
Brett, L.J., added, "If the inconvenience is not only great, but what I may call an absurd
inconvenience, by reading an enactment in its ordinary sense, whereas if you read it in a manner in
which it is capable, though not its ordinary sense, there would not be any inconvenience at all, there
would be reason why you should not read it according to its ordinary grammatical meaning". When
the present statute does not cover a situation so much of the old law as is not abrogated, it is
deemed to have been saved, and such saved provisions should be read in the statute. Thus, the old
law is allowed to continue.
496 • Legal Drafting
(B) THE MISCHIEF RULE : The present statute shall be interpreted in such a manner that the mischief
or the defect in the old rule is rectified or cured. If required, we may go beyond or behind the old
words. In Heydon's case, it was held to be the duty of the judge to make such construction of statute
as shall suppress the mischief and advance the remedy. The old good shall be accepted, but the old
bad shall be discarded. A statute is to be read as a whole as well as an Act is to be regarded as a
whole.
(C) THE PREAMBLES, HEAD NOTES & ILLUSTRATIONS : Any
statute consists of several sections and different parts byway of preambles,
head notes, marginal notes and illustrations, and they shall be read and
taken together into consideration. If there is any conflict in between them,
they should be ignored. All the statutes have both long and short titles.
(D) HARMONIOUS CONSTRUCTION RULE : In case of two provisions
with a defective construction, the maximum application should be given
to the harmonious between the two.
(E) BENEFICENT CONSTRUCTION RULE : A statute is meant for the
benefit of a particular society. In case of a litigation between citizens
versus the State, then the benefit should go to the citizens. In accordance
with this Rule, the construction of a statute must not so strain the words
as to include cases omitted from the natural meaning of the language. An
example of beneficial construction is that which has been placed upon the
words "Soldier being in actual military service" and "Mariner or seaman
being at sea". They have been held to include a territorial officer who has
received orders to join his unit, as was interpreted with reference to Section
11 of the Wills Act 1837.
(F) STRICT CONSTRUCTION OF PENAL LAWS : The penal laws are
to be strictly interpreted and particularly so in respect of laws imposing
liability or penalty, the lesser strict should be preferred. In other and better
words, it can be said that the rule that a statute imposing criminal or other
penalties should be construed narrowly in favour of the accused person.
Again, the principle applied in construing the penal law is that, if there
appears any reasonable doubt or ambiguity, it will be resolved in favour
of the person who would be liable to the penalty , and, hence, if there is
a reasonable interpretation which may avoid the penalty in any particular
case, the Court must adopt that construction. If there are two reasonable
Legal Drafting 497
constructions, the Court must give the more lenient one. This is the settled rule of law for the
construction of penal sections. The strict construction of penal statutes seems to manifest itself in
four ways, namely -
(i) in the requirement of express language for the creation of an offence, (ii) in interpreting strictly
words setting out the elements of an offence, (iii) in requiring the fulfilment to the letter of statutory
conditions
precedent to the infliction of punishment, and (iv) in insisting on the strict observance of technical
provisions concerning criminal procedure and jurisdiction.
(G) LEGISLATURE KNOWS NO GRAMMAR: In the past, punctuation was totally ignored and
disregarded in the construction of statutes, but this view has now been changed, and in the present
context, even though it was and could be said that legislature knows no grammar, the judges and
courts must know it, and they ought to have, at least, some concern with it. The conjunctions "and"
and "or", and the verbs "may" and "must" should be given a careful thought. In ordinary usage,
"and" is conjunctive and "or" disjunctive, but with a view to carrying out the intention of the
legislature, it may be necessary to read "and" in the place of the conjunction "or", and vice versa.
Likewise, in ordinary usage, "may" in a statute will not generally be construed to be mandatory.
However, in some cases, it has been held that expressions such as "may", or "shall have power", or
"shall be lawful" have a compulsory force.
(H) HISTORICAL INTERPRETATION : Sir George Jessel, M.R., said,
"The Court is not to be oblivious. of the history of law and legislation.
Although the Court is not at liberty to construe n Act of Parliament by the motives which influenced
the Legislature, yet when the history of law and legislation tells the Court, and prior judgments tell
this present Court, what the object of the legislature was, the Court is to see whether the terms of
the section are such as fairly to carry out what it means, and not with a view to extending it to
something that was not intended". Therefore, for the purpose of interpretation of such statutes, the
Court may call to its aid all those external and historical facts which are necessary for
comprehension of the subject-matter, and may also consider whether a statute was intended to
alter the law or to leave it exactly where it stood before. We can have in mind those circumstances
when the Act was passed, and the words are to be construed in accordance with the intention.
498 Legal Drafting
3. THE CONSTITUTIONAL INTERPRETATION : The following cases

decided by the Hon'ble Supreme Court of India with reference to Article 13
of the Indian Constitution will have to be taken into consideration for the
purpose of understanding the principles of the constitutional interpretation:
(i) Shankari Prasad Singh Deo Versus Union of India (1952) -
where Article 13 was in dispute in respect of the use of the
' word "Law". The ratio of the said case was that an amendment.
of the Constitution is not law, and therefore, restrictions on
fundamental rights can be imposed.
(ii) Sajjan Singh Versus State of Rajastan (1952) - where it was
held that the Parliament can amend the Constitution, and
such an amendment can be given retrospective effect.
(iii) I. C. Golakh Nath Versus State of Punjab (1070) - in which
case, it was held by a full bench of eleven judges presided over
by K. Subba Rao, C.J., that an amendment passed by the
Parliament is law, and, therefore, the Parliament cannot
impose restrictions on the fundamental rights. This decision
also supported the Prospective Overruling Theory. It means
that the effect of an amendment should be given prospectively
and not retrospectively.
(iv) Kesavanand Bharati Versus State of Kerala (1973) - in which
case, thirteen judges including S. M. Sikri, C.J., gave eleven
judgments. The decision in "GolakhNath" was overruled, and
the Basic Structure Theory was introduced. It was held that
reasonable restrictions can be imposed by the Parliament,
and any clause in the Schedule IX of the Constitution of India
bars judicial review. The decision in "Golakh Nath" was
followed in the following cases decided by the Hon'ble Supreme

Court of India :
(a) Madhavrao Scindia Versus Union of India, Re : Privy Purse Case.
(b) R.C. Cooper Versus Union of India, Re : Bank nationalisation case.
(c) Benett Coloman Versus Union of India, Re : Newspapers Case.

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Legal Drafting By ADV. RAJARAM S.

[1] General Principles of Civil Pleadings,

[2] General Principles of Criminal Pleadings,

[4] Law of Advocacy and Professional Ethics.

(B) Pleading : (Definition, according to the Civil Procedure Code)

Plaint or written statement. All statements are written statements.

Conveyance : A document conveying the property.

2. GOLDEN RULES OF PLEADING

[1] Plead facts, not law.

[2] Plead facts, not evidence.

[3] Plead facts, and only material facts.

(a) Essential (Legal prerequisite) - Cause of action.

(b) To establish claims, bonafides, e.g. A suit for Partition.

= Title, Sender's Name, Address, Date, etc.

= The Name and Address of the Addressee.

(a) Notice (Proper)

(Mister = When there is no other better title),

(Mistress = A married widow, or even a widow).

(An unmarried woman).

(Both Mrs and Miss = When not known).

(Should be written in full as a title, but can be written

or abbreviated such as Prof, of Law, etc.)

(A person with a degree of Bar-at-Law).

(Doctor, either professional or a Ph. D. - Should written

in an abbreviated form only, because Doctor may be a

(Messrs = Messieurs = Plural of Mr = Gentleman).

(Advocate, a person enrolled as per the provision of

the Advocates Act.

Shri = (Shriyut = Respectful address to a man).

Smt. = (Shrimati = A Holy Woman = Sanskrit word).

Sou. = (Soubhagyawati = A Married Woman).

Kum. = (Kumari = An unmarried woman).

Madam/Mesdames = (Respectful address to a woman/women). Madam = (French = A married

Your notice, dated .......... given by you on behalf of your client,

11 4. NOTICE TO ATENANT ON BEHALF OF HIS LANDLORD

RAJARAM S. RETAWADE, C-4/10, Shantiban Society,

M. A. (Hons)(Eng); LL. M.; D.I.T., S. No. 52/1, Kothrud,

NOTICE REGISTERED A.D.

ShriT_N_T, 250 Shivajinagar, PUNE 411 005.

said premises a permanent structure by constructing and providing

many as ten members, and the premises in his occupation being

inadequate, my client requires the said premises for his personal

That you purchased a spacious residential flat in the Aum Cooperative

some other person as a sub-tenant to reside in the said premises.

to the neighbouring occupiers, and they have also serious complaints

premises and hand over vacant and peaceful possession thereof

unto my client, but you have not done so.

have purchased a residential flat at Kothrud and that you would be

a tacit conclusion that you are neither in need of any other

liable to vacate the said premises and my client is legally entitled to

recover the possession thereof from you.

That in the circumstances, my client does hereby terminate your

unto my client by the end of March 200 failing which my client

Yours faithfully, ( RAJ ARAM S. RETAWADE ) ADVOCATE.

5. NOTICE-REPLY ON BEHALF OF THE TENANT

SUDHAKAR E. AVHAD, 16/1 Siddharth Chambers,

B. Sc. (Hons); LL. M., Erandwana, Karve Road,

ADVOCATE. PUNE 411 004

Phones: 5431424, 5431434

NOTICE-REPLY (REGISTERED A.D.) To

C-4/10, Shantiban Society,

S. . No. 52/1, Kothrud,

PUNE 411 038.