PRACTICAL ADVOCATE

  

 

"THE PRACTICAL ADVOCATE:                           A GUIDE TO CIVIL PLEADINGS, DRAFTING, AND COURTROOM PRACTICE

"BY 

P.V.KRANTHI KIRAN,

B.SC. LL.B, PGD-MISCA

 

PREFACE:

 

"Practice Guidance to Advocates on Pleadings and Practice" is born out of a desire to bridge the gap between statutory theory and courtroom reality. From the fundamental cardinal principles of pleadings to the nuance of drafting complex Written Statements and Interlocutory Applications, this work aims to demystify the procedural hurdles often faced by advocates. It provides structured guidance on limitation periods , jurisdiction , and the statutory requirements for various suits, including those for Specific Performance and Partition. My hope is that this guide serves as a reliable tool for ensuring justice is administered efficiently by focusing on precise and legally sound pleadings.

 

Acknowledgements I extend my sincere gratitude to Sri B.Z HeraldGaru, Retired Senior Superintendent, for his help and insight in concluding this book.

 

P.V. KRANTHI KIRAN, B.SC. LL.B, PGD-MISCA

 

DISCLAIMER

The information contained in this book, is intended solely for educational and reference purposes. It is designed to assist advocates in understanding the general principles of drafting and civil practice, such as the requirements under Order VII and Order VIII of the Code of Civil Procedure.

1.  Not Legal Advice: The contents of this book do not constitute legal advice or a substitute for professional legal counsel. Every case has unique facts and circumstances; readers are advised to consult the relevant statutes, original texts, and latest judicial precedents before taking any legal action or drafting pleadings for court.

2.  Jurisdictional Variations: While this book references central acts like the Limitation Act, 1963 , and the Indian Contract Act, 1872 , it also contains references specific to the laws of Telangana and Andhra Pradesh, such as the A.P/Telangana Court Fees and Suits Valuation Act, AP/Telangana Civil Rule of Practice, Practitioners outside these jurisdictions must verify the local amendments and state-specific rules applicable to their courts.

3.  No Liability: While every effort has been made to ensure the accuracy of the information regarding limitation periods and statutory provisions, the author and publisher assume no responsibility or liability for any errors, omissions, or consequences arising from the use of the information provided herein. Laws and court rules are subject to amendment and change.

 

TABLE OF CONTENTS

Chapter	Topic / Subject	Page No.
I.	THE THREE PILLARS OF JURISDICTION:                                              A PRE-DRAFTING CHECKLIST
II	CHOOSING THE RIGHT RELIEF: DECLARATION                                 VS. INJUNCTION. (GUIDELINES FROM ANANTHULA SUDHAKAR & SETTLED LAWS)
III.	FUNDAMENTALS OF PLEADINGS
IV.	PARTIES TO A SUIT, FRAME OF SUIT, JOINDER OF CAUSE OF ACTION & JURISDICTION
V.	STATUTORY REQUIREMENTS OF PLAINT
VI.	GENERAL OBJECTIONS RAISED BY COURT WHILE RETURNING PLAINTS
VII.	STATUTORY REQUIREMENTS OF WRITTEN STATEMENT, SET-OFF & COUNTER CLAIM
VIII.	CERTAIN TYPES OF SUITS AND RELEVANT PROVISIONS RELATING TO LAW OF LIMITATION, COURT FEE AND JURISDICTION
IX.	INTERLOCUTORY APPLICATIONS (IAs)
X.	DRAFTING GUIDES: SPECIFIC SUITS
XI	SOME USEFUL CITATIONS ON NUMBERING OF SUITS
XII	PRACTICAL GUIDE TO COURT FEE CALCULATION(EXAMPLES UNDER TELANGANA COURT FEES & SUITS VALUATION ACT, 1956)

 

 

CHAPTER I

THE THREE PILLARS OF JURISDICTION: PRE-DRAFTING  CHECKLIST

(Subject Matter, Pecuniary, and Territorial)

 

"Before a single word of the Plaint is drafted, or a case number is assigned by the Court, one fundamental question must be answered: 'Does this Court have the power to hear this case?' Jurisdiction is the root of judicial authority. If the root is defective, the fruit—the decree—is a nullity. This chapter is the first checkpoint for the Advocate (to avoid rejection) and the Chief Ministerial Officer (CMO) (to ensure proper scrutiny). It details the mandatory verification of the three pillars of jurisdiction—Subject Matter, Pecuniary, and Territorial—as determined not just by the CPC, but by the specific Notifications issued under the Telangana Civil Courts Act, 1972."

I. THE SOURCE OF AUTHORITY: CPC vs. CIVIL COURTS ACT

An Advocate must distinguish between the Law and the Notification:

• The Principle (CPC): Sections 15 to 20 of the CPC lay down the rules (e.g., "File in the lowest grade court" or "File where property is situated").
• The Specifics (Civil Courts Act): The actual answer to "Which is the lowest court?" or "Which court covers this village?" is found in the Gazette Notifications issued under the Telangana Civil Courts Act, 1972(Section 5,15 and 21 of said Act). These Notifications specifically define the Local Limits (Territorial) and Pecuniary Limits (Monetary) of every subordinate court in the State.

 

PILLAR 1: SUBJECT MATTER JURISDICTION

"The Authority over the Nature of the Case"

The Rule (Section 9 CPC): Civil Courts have jurisdiction to try all suits of a civil nature unless their cognizance is either expressly or impliedly barred .

Verification Checklist for Advocate & CMO:

• Is it of Civil Nature? Does it involve rights to property, office, or contract? Purely religious rites or caste questions are not civil in nature .
• Is it Expressly Barred? Check if a Special Tribunal has exclusive power (e.g., SARFAESI Act, Industrial Disputes Act, or Rent Control Acts).
• Is it Impliedly Barred? If a statute creates a special right and a special machinery for its enforcement (e.g., Election Tribunals).

 

SUBJECT MATTER JURISDICTION IN SPECIAL NATURE PROCEEDINGS

 

Certain special nature suits (Insolvency, Succession, etc.) and special acts require filing in specific Designated Courts or Tribunals, regardless of the general pecuniary value. Filing these in a regular civil court often leads to immediate return or dismissal for want of jurisdiction.

A. INSOLVENCY PETITIONS (IP):  Governing Law: The Provincial Insolvency Act, 1920 (for individuals/proprietorships in districts).

• Note: Insolvency for Companies/LLPs lies with the NCLT under the IBC, 2016, not Civil Courts.
• Who can file:
• Debtor (Section 10): Can file if unable to pay debts or if under arrest/attachment.
• Creditor (Section 9): Can file and an "act of insolvency" occurred within 3 months.
• The Right Forum (Jurisdiction):
• Primary Rule (Section 3): The District Court is the primary court of insolvency jurisdiction. However the  State Government usually invests Senior Civil Judges with concurrent jurisdiction to try insolvency cases.
• The below judgment clarifies the aspect.

B.     SUCCESSION ORIGINAL PETITIONS (SOP) & LETTER OF ADMINISTRATION

• Governing Law: Indian Succession Act, 1925.
• Purpose: To establish rights to "Debts and Securities" (Bank deposits, Shares, etc.) of a deceased intestate (No Will).
• The Right Forum (Section 371 & 388):
• Statutory Rule: The Act names the District Judge as the authority.
• Delegation: Under Section 388, the State Government has invested Senior Civil Judges with the power to grant Succession Certificates within their pecuniary limits. See GO Copy inserted;
• Where to File (Territorial):
• Where the deceased "ordinarily resided" at the time of death. If no fixed residence, where any part of the asset is found

 

TABLE OF CERTAIN DESIGNATED / SPECIAL COURTS (TELANGANA)

Certain matters are excluded from the general jurisdiction of Civil Courts and must be filed only in the designated courts/tribunals.

Nature of Case / Subject Matter	Relevant Act	Designated Court / Forum
Motor Accident Claims	Motor Vehicles Act, 1988	MACT Tribunal (Usually District or Addl. District Judge)
Family Disputes (Divorce, Custody, Maintenance)	Family Courts Act, 1984	Family Court (District Judge Grade). In areas without Family Courts, the Senior Civil Judge.
Commercial Disputes (>₹3 Lakhs)	Commercial Courts Act, 2015	Designated Commercial Court (District Judge Cadre)
Land Acquisition / Compensation	L.A. Act, 1894 / 2013 Act	L.A.O.P Court (Principal or Addl. District Judge)
Wakf Property Disputes	Wakf Act, 1995	Wakf Tribunal at Hyderabad  G.O.Ms.No.88, Minorities Welfare (Wakf-2) 20th JUNE 1997 Govt. of A.P (Civil Courts have NO jurisdiction)
Election Petitions (Local Body)	Municipal/Panchayat Acts	Election Tribunal (District Judge or Senior Civil Judge or Junior Civil Judge, as notified) As per Telangana Panchayat Raj (Authority and Manner to dispose election petitions in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 2018 Junior Civil Judge in respect of the election of members, Sarpanchas and Upa-Sarpanchas of Gram Panchayat. Senior Civil Judge in respect of the election of President, Vice-President and members of Mandal Praja Parishad, Territorial Constituencies of Mandal Praja Parishad and Chairman, Vice-Chairman and Members of Zilla Praja Parishad Territorial Constituencies of Zilla Praja Parishad.
Co-operative Society Disputes	Co-op Societies Act	Co-operative Tribunal (Civil Court Jurisdiction Barred)
Consumer Disputes	Consumer Protection Act, 2019	District Consumer Commission  or State Commission
Company Law / IBC	Companies Act / IBC	NCLT (National Company Law Tribunal)
Arbitration O.P.s (Sec 9, 34)	Arbitration & Conciliation Act	Principal District Court (or Commercial Court if commercial dispute)
Probate / Letters of Administration	Indian Succession Act	Principal District Judge (Original Side)

 

PILLAR 2: PECUNIARY JURISDICTION

"The Authority over the Value of the Suit"

The Rule (Section 15 CPC read with Notifications issued under Telangana Civil Courts Act, 1972(Section 5 of Act) from time to time): Every suit shall be instituted in the Court of the lowest grade competent to try it.

Verification Checklist for Advocate & CMO:

• Consult the Latest Notification: The pecuniary jurisdiction of Junior and Senior Civil Judges is not fixed permanently; it is either enhanced or decreased periodically by the High Court/State Government via Notifications.
• Example (Check current status): If the current Notification limits the Junior Civil Judge (JCJ) to Rs. 10 Lakhs, a suit valued at Rs. 10 Lakhs 500 Rupess must go to the Senior Civil Judge (SCJ).
• Correct Valuation: Has the suit been valued correctly under the Telangana Court Fees and Suits Valuation Act, 1956?
• Grade of Court:
• Junior Civil Judge: Jurisdiction up to the limit specified in the current Notification. At Present upto Ten Lakhs
• Senior Civil Judge: Jurisdiction exceeding the JCJ limit, up to the limit specified for SCJ. At present for the value “ which exceeds rupees ten lakhs but does not exceed rupees fifty lakhs”
• District Judge: Unlimited pecuniary jurisdiction (Original Side), typically for matters exceeding the SCJ's limit i.e, where value exceeds rupees  fifty lakhs.

 

Note for CMOs: Verify if the "Value for Jurisdiction" in the plaint matches the current Pecuniary Notification in force as of the date of filing.

PILLAR 3: TERRITORIAL JURISDICTION

"The Authority over the Geography"

The Rule (Sections 16-20 CPC read with Notifications issued under Telangana Civil Courts Act, 1972(Section 15 and 21); This determines which specific court (e.g., JCJ Shadnagar vs. JCJ Mahabubnagar) hears the case.

Verification Checklist for Advocate & CMO:

• The Notification on Local Limits: Every Civil Court is assigned specific Revenue Mandals and Villages via a Gazette Notification issued under the Civil Courts Act.
• Advocate's Duty: You must verify which "Judicial Jurisdiction" covers the specific Revenue Village where the property is located. Do not assume it follows the Revenue Division boundaries exactly.
• Immovable Property (Section 16 CPC): The suit must be filed in the Court within whose Notification Limits the property is situated.
• Check (Rule 14 CRP): Does the Schedule of Property mention the Village/Mandal? Does that Village fall under this Court's notified jurisdiction?
• Movable Property/Torts (Section 19 CPC): Where the wrong was done OR where the Defendant resides.
• Contracts/Money (Section 20 CPC): Where the Cause of Action arises (wholly or in part) OR where the Defendant resides.

II. CONSEQUENCE OF OBJECTIONS (SECTION 21 CPC)

Advocates must note that while Subject Matter defects are fatal at any stage (decree becomes a nullity), objections to Territorial or Pecuniary jurisdiction are technical.

• When to Object: They must be raised in the Court of First Instance at the earliest possible opportunity (before settlement of issues) .
• The Safety Valve: An appellate court will not set aside a decree for lack of territorial/pecuniary jurisdiction unless there has been a consequent failure of justice.

 

CHAPTER II

CHOOSING THE RIGHT RELIEF:

THE "RELIEF" MATRIX-CORE PRINCIPLE: The prayer determines the jurisdiction, the court fee, and the maintainability of the suit. A "cleverly drafted" plaint that hides the real relief to save court fees is often rejected under Order VII Rule 11.

I.      GUIDELINES FROM ANANTHULA SUDHAKAR & OTHER SETTLED LAWS)

“The first crossroads an Advocate faces when a client presents a property dispute is choosing the correct vehicle for relief. Should it be a simple suit for Injunction? Or is a prayer for Declaration of Title mandatory? A wrong turn here can be fatal: a suit for mere injunction may be dismissed if the title is under a serious 'cloud', and a suit for declaration may fail under the proviso to Section 34 of the Specific Relief Act if consequential relief is ignored. This chapter decodes the landmark principles laid down by the Supreme Court in Ananthula Sudhakar to help you select the precise nature of the suit based on the prevailing circumstances.”

A. THE CORE DILEMMA

When a client approaches the Court complaining of interference with their immovable property, the Advocate often defaults to filing a Suit for Perpetual Injunction. It is less expensive (fixed court fee) and procedurally faster. However, if the defendant raises a serious dispute regarding the plaintiff's title, a simple injunction suit may not be maintainable. Conversely, filing a comprehensive Suit for Declaration of Title involves higher ad-valorem court fees and a stricter burden of proof.

To resolve this, the Supreme Court of India in Ananthula Sudhakar vs. P. Buchi Reddy (Dead) by L.Rs & Others (2008) 4 SCC 594 summarized the position of law regarding the types of suits to be filed in different factual scenarios.

B. THE FOUR SCENARIOS (AS PER ANANTHULA SUDHAKAR)

The Supreme Court categorized the remedies available into four distinct scenarios. An Advocate must identify which category their client's case falls into before drafting the plaint.

Scenario 1: Title is Clear + Possession is Established

·         Circumstance: The Plaintiff has clear, undisputed title (e.g., a registered Sale Deed that is not challenged) and is in physical possession of the property. The Defendant is merely interfering with the possession or threatening dispossession without any solid claim to the title.

·         Correct Suit: Suit for Injunction Simpliciter (Perpetual Injunction).

·         Legal Logic: Since title is not under a "cloud" (doubt), the Court does not need to declare it. The only issue is the protection of possession.

Scenario 2: Title is Under a "Cloud" + Plaintiff in Possession

·         Circumstance: The Plaintiff is in possession, but the Defendant raises a substantial claim to the title (e.g., the Defendant also holds a registered document, claims inheritance, or challenges the validity of the Plaintiff's deed).

·         Correct Suit: Suit for Declaration of Title and Consequential Relief of Injunction.

·         Legal Logic: A simple injunction suit cannot decide complex questions of title. The "cloud" over the title must be removed by a judicial declaration before possession can be protected.

Scenario 3: Plaintiff is Out of Possession

·         Circumstance: The Plaintiff has title but has been dispossessed by the Defendant, or is not in physical possession of the property at the time of filing.

·         Correct Suit: Suit for Declaration of Title and Recovery of Possession.

·         Legal Logic: A suit for mere injunction is not maintainable if the plaintiff is not in possession. Furthermore, under the Proviso to Section 34 of the Specific Relief Act, a mere declaration without asking for recovery of possession is barred (See Ram Saran v. Ganga Devi).

Scenario 4: Complex Questions of Fact and Law

·         Circumstance: The matter involves complicated questions of title, such as the validity of a Will, the legality of an adoption, or rights of coparceners which require detailed evidence.

·         Correct Suit: Suit for Declaration of Title.

·         Legal Logic: The Supreme Court held that in cases involving complex title disputes, the Court should relegate the parties to a comprehensive declaratory suit rather than deciding the title in a summary enquiry of an injunction suit.

C. WHAT IS A "CLOUD ON TITLE"?

Ideally, an Advocate must assess if there is a "Cloud" on the client's title. The Supreme Court clarified:

·         Mere Denial is NOT a Cloud: If the Defendant simply denies the Plaintiff's title in the Written Statement without any documentary proof or substantial legal basis, it does not create a cloud. In such cases, an Injunction suit is sufficient.

·         Substantial Threat IS a Cloud: A cloud is raised when the Defendant asserts a rival title based on documents (even if void) or claims a right that fundamentally challenges the Plaintiff's ownership.

D. ADVICE FOR ADVOCATES: WHEN IN DOUBT

If the Plaintiff’s title is not clear, or if there is any ambiguity regarding possession, the safest course of action is to file a Suit for Declaration with Consequential Reliefs.

While this attracts higher Court Fee (Ad-valorem), it prevents the risk of the suit being dismissed later for want of a declaratory prayer. In Ananthula Sudhakar, the Court noted that if a suit for injunction is dismissed because title was not proved, the Plaintiff may be barred from filing a fresh suit for Declaration due to Order II Rule 2 CPC. Therefore, comprehensive pleadings are always preferred over summary relief.

E. RELEVANT CASE LAWS (CITATIONS)

1.  Ananthula Sudhakar vs. P. Buchi Reddy (2008) 4 SCC 594: The locus classicus on when to file for Injunction vs. Declaration.

2.  Ram Saran vs. Ganga Devi (1973) 2 SCC 60: Held that a suit for mere declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession (Bar under Proviso to Sec 34 SRA).

3.  Vinay Krishna vs. Keshav Chandra (1993) Supp (3) SCC 129: Reiterated that the failure to seek consequential relief (possession) which was available to the plaintiff is fatal to the suit.

4.  T.V. Ramakrishna Reddy vs. M. Mallappa (2021) 13 SCC 138: The Supreme Court clarified that a suit for injunction simpliciter is maintainable even if title is disputed, provided the dispute is not "complex" or "substantial". However, if the matter requires a detailed inquiry into title, the plaintiff must amend the plaint to seek Declaration.

F. THE PROVISO TO SECTION 34: THE FATAL ERROR

Section 34 of the Specific Relief Act, 1963 grants discretion to the Court to declare a status or right. However, the Proviso is a mandatory bar:

"Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so."

Practical Implication:

If your client is out of possession, you cannot file a suit asking only for "Declaration that I am the owner". You must ask for "Declaration AND Recovery of Possession". If you omit the relief of possession, the suit is liable to be dismissed at the threshold.

II. CANCELLATION OF DEED vs. DECLARATION OF NULLITY

This is the most common "Court Fee Trap." The distinction depends entirely on whether the plaintiff is an Executant or a Non-Executant.

• The "Executant" Rule (Section 31 SRA):
• If your client signed the deed (even if they claim fraud/coercion), they are a party to it.
• Remedy: You must seek Cancellation of the Sale Deed.
• Court Fee: You must pay Ad Valorem court fee on the Market Value of the property (or the consideration amount, depending on State amendments).
• The "Non-Executant" Rule (Section 34 SRA):
• If your client never signed the deed (e.g., an impostor sold their land, or a father sold ancestral property without the son's signature).
• Remedy: You seek a Declaration that the Sale Deed is Null and Void / Not Binding.
• Court Fee: You pay a Fixed Court Fee (significantly cheaper – i.e.,  notional valuation U/s 24(d) of TSCF and SV Act), provided you are in possession. Reference: Suhrid Singh @ Sardool Singh vs. Randhir Singh (Supreme Court).

III. RECOVERY OF POSSESSION: SECTION 6 SR ACT vs. TITLE SUIT

·         When a client is forcibly dispossessed, you have two strategic options:

Feature	Section 6 (Specific Relief Act)	Regular Title Suit (Sec 5 SRA)
Basis	Possession only. Title is irrelevant.	Title. You must prove ownership.
Limitation	6 Months from dispossession.	12 Years (Art. 65 Limitation Act).
Appeal	No Appeal allowed. (Only Revision).	Regular Appeal lies.
Use Case	Use for quick restoration when client was illegally thrown out recently.	Use when 6 months have lapsed or title is complex.

IV.   THE "TYPOGRAPHICAL ERROR" IN DOCUMENT:

The Scenario: Your client bought land via a Registered Sale Deed. However, due to a typing error, the Survey Number was written as "102" instead of "100" (or a boundary is wrongly described). The vendor is now refusing to correct it.

• The Wrong Relief: Filing a Suit for Declaration of Title for Survey No. 100.
• Why it fails: The Court looks at your document (Exhibit A1), which says "102". Oral evidence cannot override the written document (Sec 91/92 Evidence Act). You cannot declare title over property your deed does not describe.
• The Right Relief: Suit for Rectification of Deed (Section 26, Specific Relief Act).
• Prayer: "To direct the Defendant to execute a Rectification Deed correcting the Survey No. from 102 to 100 in the Sale Deed dated..."

v.     THE "ADVERSE POSSESSION" SWORD

The Scenario: Your client has been in open, hostile possession of land for 25 years without any title deed. The original owner (or their heir) is now threatening to evict them.

• The Old View: Wait for the owner to sue and claim Adverse Possession as a Defence in the Written Statement.
• The Right Relief (Post-2019): Suit for Declaration of Title by way of Adverse Possession.
• Authority: Ravinder Kaur Grewal vs. Manjit Kaur (Supreme Court, 2019). The SC clarified that Adverse Possession can be used as a "Sword" (by Plaintiff) and not just a "Shield" (by Defendant). You can proactively sue to get your title declared based on 12+ years of hostile possession.

VI.  THE "CO-OWNER CONSTRUCTION" DILEMMA

The Scenario: Two brothers own an undivided ancestral plot. Brother 'A' starts constructing a house on the best corner of the plot without Brother 'B's' consent.

 The Wrong Relief: Suit for Perpetual Injunction restraining 'A' from construction.

• Why it fails: In law, every co-owner owns every inch of the land. One co-owner cannot be injuncted from using their own land unless it amounts to "ouster" or destruction of property. Courts rarely grant blanket injunctions against co-owners.
• The Right Relief: Suit for Partition & Separate Possession.
• Strategy: File for Partition and seek a Temporary Injunction (Status Quo) in the IA to stop construction until shares are divided by metes and bounds.

VII.  THE "REVENUE RECORD" ERROR

The Scenario: The Tahsildar (MRO) has wrongly issued a Pattadar Passbook to the Defendant for your client’s land.

• The Wrong Relief: Suit for Cancellation of Pattadar Passbook.
• Why it fails: Civil Courts generally do not have the jurisdiction to directly "cancel" entries made by Revenue Officers (barred under ROR Acts in many states).
• The Right Relief: Suit for Declaration of Title.
• Logic: A Civil Court Decree on "Title" is binding on the Revenue Authorities. Once you get the Declaration of Title, the Revenue Officer is bound to amend the Record of Rights (ROR) to match the Court's decree.

VIII. THE "BLOCKED PATH" (EASEMENT)

The Scenario: A neighbor blocks the only path accessing your client's land with a wall or gate.

• The Wrong Relief: Suit for Perpetual Injunction (to stop them).
• Why it fails: If the wall is already built, a "Prohibitory" Injunction is useless.
• The Right Relief: Declaration of Easementary Right + Mandatory Injunction.
• Prayer: "Declare that the Plaintiff has an easement of necessity/prescription over the 'B' Schedule path and grant a Mandatory Injunction directing the Defendant to demolish/remove the obstruction."

IX QUICK REFERENCE: RELIEF SELECTION CHART

Fact Situation	Correct Relief to Pray For
Mistake in Sale Deed (Wrong Name/Number)	Rectification of Deed
Possession >12 Years (No Deed)	Declaration of Title via Adverse Possession
Neighbor blocks Light/Air/Path	Declaration of Easement + Mandatory Injunction
Joint Owner/Coparcenor	Partition + Separate Possession
Contract Broken (Land Sale)	Specific Performance of Contract
Licensee (Relative) refuses to leave	Mandatory Injunction (to vacate )
Threat of Dispossession (Title Clear)	Perpetual Injunction Simpliciter
Threat of Dispossession (Title Cloudy)	Declaration of Title + Injunction
Already dispossessed and where title is also cloudy	Suit for Declaration of Title & Recovery of Possession
Co-owner Dispute, where there is Joint Possession and has Undivided Share	Suit for Partition & Separate Possession

 

CHAPTER III

FUNDAMENTALS OF PLEADINGS

 

“Pleadings constitute the foundation upon which the superstructure of a civil trial is built. A defect in the foundation cannot be cured by the strength of the evidence led subsequently. This chapter explores the statutory anatomy of a Plaint and Written Statement as defined under Order VI of the CPC. It aims to guide the Advocate in distinguishing between 'Material Facts'—which must be pleaded—and 'Evidence'—which must be reserved for trial. By mastering these cardinal principles, a practitioner ensures that the real controversy is narrowed down effectively, preventing the opposing party from claiming surprise and enabling the Court to deliver a judgment based strictly on the case set up by the parties."

 

A. DEFINITION AND IMPORTANCE OF PLEADING

DEFINITION:

As per Order VI Rule 1 CPC, "Pleading" means plaint or written statement. It is a statement of facts by each party to a civil lawsuit, setting forth claims and defenses. In Black’s Law dictionary 8^th edition, pleading is defined that; “a formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials or defenses.”

B. IMPORTANCE:

Defines Issues: Narrows down the controversy to specific points.  Avoids Surprise: Notifies the opposing party of the case to be met.  Provides Record: Forms the basis for trial, judgment, and appeal.  Ensures Justice: Guides the court in administering justice by focusing on pleaded facts. Saves Time & Expense: Prevents unnecessary evidence and irrelevant arguments.

C. OBJECT AND PURPOSE OF PLEADINGS* To bring the parties to an issue. * To prevent parties from taking the other by surprise. * To give each party notice of the case of the other. * To limit the scope of the evidence at the trial. * To ascertain the real dispute between the parties. * To record the case of the parties for future reference and decision.

D. CARDINAL PRINCIPLES OF PLEADING(Order VI CPC)

1.  Plead Material Facts and Not Evidence (Order VI Rule 2 CPC):

o    Material Facts: Facts essential to establish a cause of action or defense. These are the what and why of the claim/defense.

o    Evidence: The means by which those material facts are to be proved. These are the how of the claim/defense.

o    Example: In a suit for specific performance, the "material fact" is that an agreement to sell was executed on a particular date. The "evidence" would be the agreement document itself, witness testimonies, etc.

o    Consequence of not pleading material facts: The court cannot grant relief on unpleaded facts.

o    Pleading "material particulars": In certain cases (e.g., fraud, misrepresentation, breach of trust, undue influence), Order VI Rule 4 CPC requires material particulars to be pleaded in addition to material facts, to avoid vagueness and enable the other party to prepare its defense.

2.  Plead Facts, Not Law:

o    Parties must state the facts upon which they rely, leaving the application of law to the court.

o    The court applies the relevant law to the pleaded and proven facts (e.g., juranovit curia - the court knows the law).

o    Exception: Where a particular legal inference or conclusion of law is also a material fact, it can be pleaded (e.g., "The plaintiff is the owner of the property" is a statement of fact resulting from legal inference).

3.  Plead Concisely and Precisely (Order VI Rule 2 CPC):

o    Pleadings should be brief, clear, and to the point.

o    Avoid verbosity, prolixity, and irrelevant details.

o    Facts should be stated logically and sequentially.

4.  Plead Consistently:

o    A party cannot set up two contradictory or inconsistent sets of facts in the same pleading.

o    However, alternative reliefs may be claimed based on the same set of facts, or even alternative grounds of claim if they are not mutually destructive of the main case.

E. Distinction between Pleading and Evidence

Pleading: States what the party intends to prove.

Evidence: The means by which the facts stated in the pleading are proved. * Pleadings are part of the record; evidence is adduced during trial. * Pleadings bind the parties; evidence can be cross-examined.

F. Order VI CPC: Pleadings Generally

* Rule 1: Definition of Pleading.

* Rule 2: Fundamental Rule - Material facts only.

* Rule 3: Forms of pleading (Appendix A - Illustrative forms).

* Rule 4: Particulars to be given where necessary (fraud, etc.).

* Rule 5: Further and better statement, or particulars.

* Rule 7: Departure from previous pleading forbidden.

* Rule 9: Effect of document to be stated.

* Rule 10: Malice, knowledge, etc.

* Rule 14: Pleading to be signed (by party and advocate).

* Rule 15: Verification of pleadings (by party, stating what is true to knowledge/belief, with date and place).

* Rule 16: Striking out pleadings (scandalous, frivolous, vexatious, embarrassing, abuse of process).

* Rule 17: Amendment of pleadings (wide power of court, allowed unless it causes injustice, changes nature of suit, or is mala fide).

CHAPTER IV

PARTIES TO A SUIT, FRAME OF SUIT, JOINDER OF CAUSE OF ACTIONS  & JURISDICTION

 

“Drafting a perfect plaint is an exercise in futility if it is filed in the wrong Court or fails to include indispensable parties. This chapter addresses the structural pillars of a civil suit: Parties, Frame of Suit, and Jurisdiction. We examine the fatal consequences of non-joinder of 'Necessary Parties' under Order I Rule 9 and the irreversible bar created by 'splitting claims' under Order II Rule 2. Furthermore, we simplify the complex matrix of Jurisdiction—Subject Matter, Pecuniary, and Territorial—to ensure that Advocates knock on the right door of justice. A mastery of these sections is essential to prevent your suit from being dismissed at the threshold or the decree being declared a nullity at the execution stage”.

 

A. PARTIES TO A SUIT (ORDER I, CPC)

1. Concept of Joinder (Rules 1 & 3)

Joinder refers to combining multiple plaintiffs or defendants in a single suit to avoid multiplicity of proceedings.

Joinder of Plaintiffs (Rule 1): All persons may be joined in one suit as plaintiffs where:

1.  The right to relief arises out of the same act or transaction (or series of acts/transactions); AND

2.  If separate suits were brought, any common question of law or fact would arise.

Joinder of Defendants (Rule 3): All persons may be joined in one suit as defendants where:

1.  The right to relief is alleged to exist against them (jointly, severally, or in the alternative) arising out of the same act or transaction; AND

2.  If separate suits were brought, any common question of law or fact would arise.

2. Necessary vs. Proper Parties

While not explicitly defined in a single section, this distinction is crucial for Rule 9 and 10.

• Necessary Party: A person whose presence is indispensable. Without them, no effective order can be made (e.g., all co-owners in a partition suit, a borrower, a person who infringes, a mortgagor, partners of a firm etc).
• Proper Party: A person whose presence is not strictly necessary for the order, but is required for a complete and final adjudication of the dispute (e.g., a sub-tenant in an eviction suit against a tenant).

3. Misjoinder and Non-Joinder (Rule 9)

·         Non-Joinder: Omission to join a party who ought to have been joined.

·         Misjoinder: Wrongfully joining a party who is neither necessary nor proper.

·         The Rule: No suit shall be defeated solely by reason of misjoinder or non-joinder of parties. The Court can deal with the rights of the parties actually before it.

·         Exception (Proviso to Rule 9): This protection does not apply to the non-joinder of a Necessary Party. If a necessary party is missing, the suit is liable to be dismissed.

4. Court's Power to Add or Strike Out Parties (Rule 10)

The Court has wide discretion (at any stage) to:

·         Strike out: Names of persons improperly joined.

·         Add: Names of persons who ought to have been joined (Necessary) or whose presence is needed to settle the questions involved (Proper).

Allied Law Note (Limitation Act, 1963 - Section 21):

When a new party is added or substituted under Order I Rule 10, the suit shall be deemed to have been instituted as regards that party on the date they were added, not the original filing date. This is critical for limitation periods.

B. Frame of Suit (Order II, CPC)

1. Inclusion of Whole Claim (Rule 2)

The fundamental rule is that a suit must include the whole claim which the plaintiff is entitled to make in respect of the cause of action.

• Object: To prevent splitting of claims and harassment of the defendant through multiple suits for the same cause.

2. Relinquishment of Claim (Rule 2(2))

·         A plaintiff may intentionally relinquish (give up) a portion of their claim to bring the suit within the jurisdiction of a specific Court.

·         Consequence: If a plaintiff omits to sue or intentionally relinquishes any portion of the claim, they cannot afterwards sue for the portion so omitted or relinquished.

3. Omission to Sue for One of Several Reliefs (Rule 2(3))

If a cause of action entitles the plaintiff to multiple reliefs (e.g., Specific Performance + Damages), and they sue for only one without the leave of the Court, they cannot sue for the remaining reliefs later.Sec 21(5) of Specific Relief Act says that no compensation/damages can be awarded unless it is claimed in the plaint.

Constructive Res Judicata (Sec 11 Expl. IV): Order II Rule 2 is often read with Constructive Res Judicata. If you could and should have claimed it, but didn't, you are barred from claiming it later.

4. Joinder of Causes of Action (Rule 3)

A plaintiff may unite several causes of action against the same defendant(s) in the same suit.

• Example: A sues B for breach of contract AND for a tort committed by B, in the same suit, provided the court has jurisdiction over both.

C. Jurisdiction of Civil Courts (Sections 9, 15-20, CPC)

Jurisdiction is the limit of authority of a Court to adjudicate. It is categorized into three types:

1. Subject Matter Jurisdiction (Section 9)

·         General Rule: Civil Courts have jurisdiction to try all suits of a civil nature.

·         Exceptions: Unless the cognizance of such suits is either:

1.  Expressly Barred: By a statute (e.g., Matters under the Industrial Disputes Act or SARFAESI Act are barred from Civil Courts).It means, particular statute contains a specific provision barring the jurisdiction of civil court by using the words “no civil court shall have jurisdiction  ------“.

2.  Impliedly Barred: By general principles of law (e.g., Acts of State).It means, any special Act is enacted as an alternative remedy for resolving certain kind disputes, then, such relief can’t be sought in a civil court.

·         "Civil Nature": Involves rights to property or office (even if it depends on religious rites). Purely religious/caste questions are not of civil nature.To elaborate it more, the property rights, inheritance, contractual disputes, family law matters, rent, tenancy and religious matters with civil consequences are included rather than criminal liability.

2. Pecuniary Jurisdiction (Section 15)

·         Rule: Every suit shall be instituted in the Court of the lowest grade competent to try it.

·         Purpose: To prevent overcrowding of higher courts.

·         Valuation: Based on the valuation of the suit (governed by the Civil Courts Act,Suit Valuation and Court Fees Act).

o    Example: If a Junior Civil Judge has a limit of ₹5 Lakhs, a suit for ₹2 Lakhs must be filed there, not in the District Court.

3. Territorial Jurisdiction (Sections 16-20) & Place of Suing

This determines which geographic court investigates the matter.In ordinary words, every court will be notified with a particular area (mandals, villages etc.,) within which they can exercise jurisdiction.

A. Immovable Property (Sections 16-18)

• Section 16 (General Rule): Suits regarding immovable property (recovery, partition, foreclosure, rent, etc.) must be instituted where the property is situate.
• Section 17 (Property in different jurisdictions): If the property is situated within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated.

B. Wrongs to Person or Movables (Section 19)

For suits regarding compensation for wrong done to a person (tort) or movable property, the plaintiff has an option. The suit can be filed where:

1.  The wrong was done; OR

2.  The defendant resides, or carries on business.

C. Residuary/General Rule (Section 20)

For all other cases (e.g., Contracts), the suit shall be instituted where:

1.  Defendant Resides: Where the defendant (or any of them) actually and voluntarily resides, carries on business, or works for gain.

2.  Acquiescence: If there are multiple defendants in different places, the suit can be filed in one place with the leave of the Court or if the other defendants acquiesce.

3.  Cause of Action: Where the cause of action arises, wholly or in part.

4. Objections to Jurisdiction (Section 21)

·         Objections regarding Pecuniary or Territorial jurisdiction must be raised:

1.  In the Court of first instance;

2.  At the earliest possible opportunity (usually at or before settlement of issues); AND

3.  There must be a consequent failure of justice.

·         Note: Objection to Subject Matter Jurisdiction can be raised at any stage (even in appeal/execution) as a decree without subject matter jurisdiction is a nullity.

Summary Table: Where to File (Place of Suing)

Nature of Suit / Subject Matter	Appropriate Court (Location / Forum)	Section
General Rule (Pecuniary)	Court of the lowest grade competent to try the suit.	Sec 15
Immovable Property (Recovery, Partition, Foreclosure, etc.)	Where the property is situated. (Proviso: If relief is via personal obedience, can be where Defendant resides).	Sec 16
Property in Multiple Courts (Situated in different jurisdictions)	Any Court within whose jurisdiction a portion of the property is situated.	Sec 17
Uncertain Jurisdiction (Local limits are unclear)	Any of the likely Courts (after recording a statement of uncertainty).	Sec 18
Tort (Person / Movables) (Compensation for wrongs)	Where the wrong was done OR Where the Defendant resides, carries on business, or works for gain.	Sec 19
Contract / Others (Residuary / General)	Where the Cause of Action arises (wholly or in part) OR Where the Defendant resides, carries on business, or works for gain.	Sec 20

 

CHAPTER V

STATUTORY REQUIREMENTS OF PLAINT

 

"To draft a defect-free plaint, an Advocate must view the document through the eyes of the Scrutiny Officer. This section outlines the mandatory Statutory Requirements that the Court Registry is bound to verify under the Code of Civil Procedure (CPC) and the Civil Rules of Practice. These are not merely drafting suggestions but the specific legal parameters—ranging from the cause of action to valuation—that the staff must check before admitting a suit. By adhering strictly to these provisions during the preparation stage, Advocates can ensure their plaints mirror the scrutiny checklist, resulting in immediate numbering without office objections."

 

REQUIREMENTS OF PLAINT AT A GLANCE:

1.          THE NAME OF THE COURT TO BE MENTIONED U/O.7, R.1(A) CPC.

ORDER 7:-PLAINT:-
1.Particulars to be contained in plaint:-
The plaint shall contain the following particulars:-
(a) the name of the Court in which the suit is brought;

2.          FULL DESCRIPTION OF THE PARTY I.E NAME, SURNAME, FATHER’S NAME, AGE, OCCUPATION,  H.NO./ LOCALITY ARE TO BE MENTIONED U/O 7, R.1(B) & (C) CPC.

(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

3.          THE PROVISION OF LAW UNDER WHICH THE SUIT OR PROCEEDING IS FILED IS TO BE MENTIONED.

4.          CLAIM OF SUIT OR PROCEEDING TO BE MENTIONED U/O 2, R.2(1) CPC.

ORDER 2 :- FRAME OF SUIT (THE FIRST SCHEDULE) :-
2. Suit to include the whole claim: - .
(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.

5.          DEFENDANT INTEREST OR LIABILITY TO BE MENTIONED U/O 7, R.5 CPC.

5.Defendants interest and liability to be shown: - .
The plaint shall show that the defendant is or claims to be interested in subject-matter, and that he is liable to be called upon to answer the plaintiffs demand.

6.          THE CAUSE OF ACTION AND THE DATE & PLACE TO BE MENTIONED U/OR.7 R.1(E) CPC.

ORDER 7 :- PLAINT :-

1. Particulars to be contained in plaint :- .

The plaint shall contain the following particulars:-

(e) the facts constituting the cause of action and when it arose;

7.          FACTS AND PLACE SHOWING THAT THE COURT HAS JURISDICTION BOTH PECUNIARY AND TERRITORIAL BE MENTIONED U./OR.7 R.1 (F) & U/SEC.15 TO 20 CPC.

ORDER 7 :- PLAINT

1. Particulars to be contained in plaint :- .

The plaint shall contain the following particulars:-

(f) the facts showing that the Court has jurisdiction;

15. Court in which suits to be instituted:-

Every suit shall be instituted in the Court of the lowest grade competent to try it.

16. Suits to be instituted where subject-matter situate:-

Subject to the pecuniary or other limitations prescribed by any law, suits-

(a) for the recovery of immoveable property with or without rent or profits,.

(b) for the partition of immoveable property,

(c) for foreclosure, sale or redemption in the case of mortgage of or charge upon immoveable property.

(d) for determination of any other right to or interest in immoveable property,

(e) for compensation for wrong to immoveable property,

(f) for the recovery of immoveable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate: Provided that a suit to obtain relief respecting, or compensation for wrong to, immoveable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal- obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

17. Suits for immoveable property situate within Jurisdiction of different courts :-

Where a suit is to obtain relief respecting, or compensation for wrong to immoveable property situate within the jurisdiction of different courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property situate: Provided that, in respect of value of the subject-matter of the suit, the entire claim is cognizable by such Court.

18. Place of Institution of suit where local limits of Jurisdiction of courts are uncertain :-

(1)Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more courts any immoveable property is situate, anyone of those courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon. proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction: Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an appellate or revisional court that a decree or order in a suit relating to such property was made by a court not having jurisdiction where the property is situate, the appellate or revisional court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.

19. Suits for compensation for wrong to person or moveables

Where a suit is for compensation for wrong done to the person or to moveable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides, or carries on business, or personally works for gain,within the local limits of the jurisdiction of another court; the suit may be instituted at the option of the plaintiff in either of the said Court.

20. Other suits to be instituted where defendants reside or cause of action arises :-

 Subject to the limitations aforesaid, every suits shall be instituted in a court. within the local limits of whose jurisdiction- :

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action,-wholly or in part, arises.

8.          LIMITATION PARA WITH DATES TO BE MENTIONED U/SEC.3 OF LIMITATION ACT, 1963 & GROUNDS UPON WHICH EXEMPTION IS CLAIMED U/ORD.7 R.6 CPC.

ORDER 7 :- PLAINT

1. Particulars to be contained in plaint :- .

The plaint shall contain the following particulars:-

6. Grounds of exemption from limitation law :- .

Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed :

1[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.]

9.          STATEMENT OF THE VALUE OF SUBJECT MATTER OF SUIT U/OR.7, R.1(I) CPC FOR THE PURPOSE OF JURISDICTION AND C.F. PROVISION TO BE MENTIONED  AND PAY THE PROPER C.F. ( U/R.4 OF APCF & SV RULES,1987)

ORDER 7 :- PLAINT :-

1. Particulars to be contained in plaint: - .

The plaint shall contain the following particulars:-

(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits.

10.      DESCRIPTION OF THE PROPERTY ADMEASURING WHICH IS SUFFICIENT FOR IDENTIFICATION AND SCHEDULE OF PROPERTY TO BE MENTIONED U/OR.7, R.3 CPC.

ORDER 7 Rule 3 CPC

3. Where the subject-matter of the suit is immovable property :- .

Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.

11.      MARKET VALUE CERTIFICATE U/R.3 OF APCF AND SV RULES IS TO BE FILED.

Rule 3 of A.P.C.F & S.V Rules.

3. Determination of Market Value based on the Basic Registers Maintained by theRegistration Authority :-

The Market value of land in suits falling under various sections of the Act shall be deemed to be the immovable property both in Urban and Rural Areas fixed by the Registration and Stamps Dept keeping in view the value of the land nearby to or in the vicinity of the land which is the subject matter of the suit, as recorded in the registers of the Sub-Registrar or the District Registrar concerned, as the case may be, during the course of regular transactions immediately before the plaint is filed

Provided a party filing a suit shall take a certificate in the Form prescribed containing the value of the said immovable property from the local Registering Office and file it along with the suit.

12.      THE DOCUMENT WHICH IS BASED ON SUIT IS TO BE FILED U/SEC.7, R.14 CPC.

Plaint U/o7 Rule 14

14. Production of document on which plaintiff sues or relies :- .

(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such document in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

2[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.];

(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory.]

SUIT DOCUMENT IS NOT PROPERLY STAMPED WHICH REQUIRE STAMP DUTY AND PENALTY IS TO BE IDENTIFIED AND REPORTED TO THE COURT U/OR.13 R.8 CPC AND SEC 33 OF INDIAN STAMP ACT.

8. Court may order any document to be impounded :- .

Notwithstanding anything contained in rule 5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the Court, for such period and subject to such conditions as the Court think fit.

13.      CORRECT TRANSLATION OF THE DOCUMENT INTO THE LANGUAGE OF THE COURT OR IN ENGLISH WHICH IS NOT WRITTEN IN THE LANGUAGE OF THE COURT IS TO BE FILED U/R.18 CRP.

18. Translation Of Document :-

Every document produced by a party or his witness not written in the language of the court or in English shall be accompanied by a correct translation of the document into the language of the court or in English. The translation is correct. If the party is not represented by an Advocate, the court shall have the translation certified by any person appointed by it in this behalf at the cost of the concerned party.

14.      LIST OF DOCUMENTS TO BE MENTIONED AT THE FOOT OF THE PLAINT AND SERIAL NUMBER SHOULD BE MENTIONED ON DOCUMENTS U/O.13, R.1 (2) CPC & RULE 16 OF CRP.

ORDER 13 :- PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS :-

1. Original documents to be produced at or before the settlement of issues :- .

(1) The parties or their pleader shall produce, on or before the settlement of issues, all the documentary evidence of in original where the copies thereof have been filed along with plaint or written statement.

(2) The Court shall receive the documents so produced

Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.

Rule 16. CRP. List Of Documents Filed Along With The Plaint :-

Every plaint shall at the foot thereof, contain a list, to be signed by the plaintiff or hisadvocate of the documents filed therewith, in Form No. 7 or a statement, signed as aforesaid, that no document is filed therewith.

15.              REQUISITE PROCESS FEE WITH NOTICES OR SUMMONS ALONG WITH COPIES OF PLAINT OR PROCEEDINGS AND DOCUMENTS TO BE FILED U/O 5 R.2 CPC AND U/R.70 OF CRP.

ORDER 5 CPC:- ISSUE AND SERVICE OF SUMMONS :-

2.Copy of plaint annexed to summons: -
Every summons shall be accompanied by a copy of the plaint.

70. Parties To File Process Forms Duly Filled Up :-

(1) In all cases where processes of the nature of summonses or notices (including notice of an Interlocutory Application) have to be issued, the parties or their Advocates on whose behalf such summonses or notices are issued, shall file with their applications for the issue of processes, the appropriate forms of processes as prescribed in the Code or under those rules or any other Law applicable to the case, in duplicate legible filled up, together with the prescribed process fees. However the date of appearance and the date of the process shall be left blank.

16.      AN AFFIDAVIT U/OR.6 R.15(4) CPC TO BE FILED IN ADDITION TO THE VERIFICATION OF THE PLEADING.

15. Verification of pleadings :- .

(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

17.      AN AFFIDAVIT U/R 172 CRP IS TO BE FILED FOR MINOR PLAINTIFF/PETITIONER.

Rule 172 CRP Plaint Or Original Petition On Behalf Of Minor:-

When a plaint or original petition is presented by a person as the next friend of a plaintiff who is a minor or under disability, he shall at the same time file an affidavit by some disinterested person that he has no interest the subject-matter or the suit or matter, adverse to that of the plaintiff that he is defendant or respondent in the suit or matter, and that he is a fit and proper person to act as next friend.

18.      DUPLICATE PLAINT COPY IS TO BE FILED U/OR.4 R.1 CPC.

ORDER 4 :- INSTITUTION OF SUITS:-

1. Suit to be commenced by plaint :- .

(1) Every suit shall be instituted by presenting a 1[plaint in duplicate to the Court] or such officer as it appoints in this behalf.

19.      VAKALAT WITH REQUISITE C.F. AND WELFARE TICKET IS TO BE FILED.  BLANKS IN VAKALAT TO BE FILLED UP U/R 30 & 31 CRP.

20.      FORM NO.8 OF CRP SHOULD BE DULY FILLED UP AND SIGNED BY THE PARTY U/R 14 CRP.

14. Proceedings In Respect Of Immovable Property :-

Every plaint, original petition and memorandum of appeal, in which relief is sought with respect to immovable property, shall state, as part of the description thereof the registration district, sub- district, the name of the village, Municipality or Corporation in which the property is situate, the survey number of the house number, if any, the market value of the property and the value for purpose the court-fee and jurisdiction as computed according to the provisions of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 and in cases where the court fee payable on the rental value, the annual rental value of the property for which it is let, and there shall be annexed there to a statement duly filled in and signed by the party of the particulars mentioned in Form No. 8 In the absence of the said particulars, the proceedings may be received but shall not be admitted or filed until the provisions of this rule have been complied with.

21.      AUTHENTICATED COPY OF G.P.A. WITH AFFIDAVIT U/R 33 CRPC TO BE FILED.

Rule 33 CRP. Signing Of Verification By Agent :-

If any proceedings, which under any provision of law or these rules, is required to be signed or verified by a party, is signed or verified by any person on his behalf, a written authority in this behalf signed by the party shall be filed in court , together with an affidavit verifying the signature of the party, and stating the reason of his inability to sign or verify the proceedings and standing the means of knowledge or the facts set out in the proceeding of the person signing or verifying the same 1land that such person is a recognized agent of the party as defined by order III Rule 2 of the Code and is duly authorized and competent so to do.

22.      CERTIFIED COPY OF JUDGMENT AGAINST WHICH APPEAL IS PREFERRED IS TO BE FILED U/O 41, R.1 OF CPC.

23.      PETITION U/OR 32, R.3 OF CPC TO BE FILED FOR APPOINTMENT OF GUARDIAN FOR MINOR DEFENDANTS.

ORDER 32 :- SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND :-

3. Guardian for the suit to be appointed by Court for minor defendant- :- .

(1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.

(2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.

(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed.

(4) Order shall be made on any application under this rule except upon notice to any 1*** to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian,

2[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 2[no father, mother or other natural guardian], to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule.

24.      ALL THE BLANKS TO BE FILLED UP AND ALSO IN COPY OF PROCEEDING.

25.      OVER WRITING TO BE ATTESTED IN COPY OF PROCEEDING ALSO.

26.      ALL PLAINTS AND PROCEEDINGS SHALL BE TYPED OR PRINTED ON BOTH SIDES OF THE PAPER ON FOOLSCAP FOLIO PAPER AND STITCHED TOGETHER BOOKWISE U/RULE 8 CRP.

Rule 8. Form Of Plaints, Etc :-

All plaints, written Statements, applications affidavits, memoranda of appeal and other proceedings presented to the court, shall be written, type written or printed, fairly and legible on stamped paper or on substantial foolscap folio paper, with an outer margin of about two inches and an inner margin about one inch wide, and separate sheets shall be stitched together book wise. The writing or printing may be on both sides of the paper, and numbers shall be expressed in figures.

27.      IN CASE OF SUITS AGAINST GOVERNMENT THE SUITS SHALL BE FILED AFTER ISSUE OF STATUTORY NOTICE U/SEC.80 (1) CPC UNTIL EXPIRATION OF TWO MONTHS NEXT AFTER THE NOTICE TO BE FILED.

28.      WHEN A SUIT IS INSTITUTED AGAINST A PUBLIC OFFICER FOR DAMAGES OR OTHER RELIEF WHICH IS ALLEGED TO HAVE DONE IN OFFICIAL CAPACITY, THE GOVERNMENT SHALL BE JOINED AS PARTY TO THE SUIT U/OR.27 R.5 A CPC.

Order 27 Rule 5A CPC

5A. Government to be joined as a party in a suit against a public officer :- .Where a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit.

29.      PETITION U/SECS.148/149 C.P.C ARE TO BE FILED FOR ENLARGEMENT OF TIME IN RE-PRESENTATION OR FOR PAYMENT OF COURT FEE OR DEFICIT COURT FEE.

30.      SUIT IS BASED UPON A LOST NEGOTIABLE INSTRUMENT, THE PLAINTIFF SHALL GIVE INDEMNITY FOR SATISFACTION OF THE COURT U/OR.7,R.16 CPC FOR PASSING OF THE DECREE.

Order 7 Rule 16 CPC

16. Suits on lost negotiable instruments :- .

Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.

 

CHAPTER VI.

STANDARD OFFICE OBJECTIONS (RETURN OF PLAINT)

(As per C.P.C. and Telangana Civil Rules of Practice)

“90% of plaints are returned by the Scrutiny Section (Sheristadar/Superintendent) due to simple procedural lapses. The checklist below represents the standard objections raised by the Court registry in almost all civil filings. Advocates are strongly advised to cross-check their plaints against these specific points before presentation. By ensuring compliance with these requirements in the first instance, you can avoid unnecessary returns, save valuable time, and ensure your suit is numbered and registered on the very first day”.

GENERAL OFFICE OBJECTIONS RAISED BY COURT STAFF :

I. OBJECTIONS WITH REGARD TO CAUSE TITLE & PARTIES

1.  Name of the Court: State the correct name and designation of the Court U/Or. 7 R. 1(a) C.P.C.

2.  Description of Parties: Furnish full description of the Plaintiff/Defendant (Father’s/Husband’s Name, Age, Occupation, H.No., Street, Village/Mandal) U/Or. 7 R. 1(b) & (c) C.P.C.

II. OBJECTIONS WITH REGARD TO BODY OF THE PLAINT

3. Cause of Action: Disclose the specific cause of action and the date when it arose U/Or. 7 R. 1(e) C.P.C.

4. Territorial Jurisdiction: State facts showing how this Court has territorial jurisdiction to try the suit U/Or. 7 R. 1(f) C.P.C.

4(i).  "The village mentioned in the Schedule does not fall within the territorial jurisdiction of this Court as per the Gazette Notification.".

5. Limitation: Explain how the suit is within limitation. If barred, state grounds for exemption U/Or. 7 R. 6 C.P.C.

6. Defendant’s Liability: State clearly how the Defendant is interested in or liable for the claim U/Or. 7 R. 5 C.P.C.

7. Provision of Law: Mention the specific Provision of Law under which the suit is filed.

III. OBJECTIONS WITH REGARD TO VALUATION & COURT FEES

8. Valuation Para: State the value of the subject matter separately for the purpose of Jurisdiction and Court Fees U/Or. 7 R. 1(i) C.P.C.  

8(i).  "The suit value exceeds/is lower than the pecuniary limits of this Court as per the latest Notification under the Telangana Civil Courts Act.".

9. Computation of Fee: Mention the correct provision of the Telangana Court Fees & Suits Valuation Act, 1956 applicable to the suit.

10. Deficit Court Fee: Pay the requisite Court Fee U/R 4 of T.S. CF & SV Rules.

11. Market Value Certificate: File the Market Value Certificate issued by the Sub-Registrar U/R 3 of T.S. CF & SV Rules (for immovable property).

IV. OBJECTIONS WITH REGARD TO PROPERTY & DOCUMENTS

12. Schedule of Property: Furnish clear schedule of property with boundaries, Survey Nos., and extent U/Or. 7 R. 3 C.P.C.

13. Original Document: File the original document upon which the suit is based U/Or. 7 R. 14 C.P.C.

14. List of Documents: File the List of Documents appended to the Plaint U/Or. 7 R. 14 C.P.C.

15. Stamp Duty: The suit document is insufficiently stamped. Pay the deficit Stamp Duty and Penalty.

16. Translation: File English/Telugu translation of the vernacular documents U/R 18 C.R.P.

17. Indemnity Bond: File Indemnity Bond for the lost negotiable instrument U/Or. 7 R. 16 C.P.C.

V. OBJECTIONS WITH REGARD TO PROCEDURAL COMPLIANCE

18. Verification Affidavit: File Affidavit in support of the pleadings U/Or. 6 R. 15(4) C.P.C.

19. Duplicate Plaint: File duplicate copy of the Plaint U/Or. 4 R. 1 C.P.C.

20. Vakalat: * Advocate to sign and accept the Vakalat. * Party to sign the Vakalat and fill all blanks U/R 30 & 31 C.R.P. * Affix Advocates Welfare Fund Stamp.

21. Form No. 8: File Form No. 8 duly filled and signed by the party.

22. G.P.A.: File Original G.P.A. or authenticated copy along with Affidavit U/R 32 C.R.P. stating the principal is alive.

23. Process: * File Process Memo (Batta) with sufficient process fees. * File sufficient number of copies of Plaint and Summons/Notices for all Defendants U/R 70 C.R.P.

24. Attestation: Attest all corrections and overwritings in the Plaint and copies.

VI. OBJECTIONS WITH REGARD TO FOR APPEALS

25. Certified Copy: File Certified Copy of the Judgment of the Lower Court U/Or. 41 R. 1 C.P.C.

26. Court fee as paid in lower Court not paid.

VII.  Technical & Formatting Objections (Rule 8 CRP)

These objections focus on the physical presentation of the file, which is often the first thing checked.

27.   Improper Stitching: "The Plaint and documents are not stitched together book-wise." (Must be stitched book-wise with an outer margin of about 2 inches and inner margin of 1 inch) .

28.   Paper Quality/Printing: "Plaint not typed/printed on both sides of the paper or on substantial A4 size  paper.".

29.   Legibility: "The typing/printing is not fair and legible.".

30.   Numerical Format: "Numbers are not expressed in figures" (or vice versa where required by local practice, though the text specifies figures)..

VIII. Objections Regarding Representation & Minors

30.   Missing Affidavit for Next Friend: If the plaintiff is a minor, the Registry often objects: "Affidavit by a disinterested person stating fitness to act as Next Friend not filed under Rule 172 CRP.".

31.   GPA/Agent Verification Defects: If the plaint is signed by a GPA holder: "Affidavit verifying the signature of the party and stating the reason for inability to sign not filed under Rule 33 CRP.".

32.   Government Joinder: In suits against public officers for damages: "Government has not been joined as a party under Order 27 Rule 5A CPC”.  Mention the correct designation of the Government Officer U/Or. 27 R. 5A C.P.C

33.   If Minor Defendant: File Petition to appoint Guardian U/Or. 32 R. 3 C.P.C.

34.   Section 80 Notice: State whether statutory notice U/Sec. 80 C.P.C. was issued. If not, file petition U/Sec. 80(2) C.P.C. seeking leave.

IX. Pleading & Relief Objections (Fatal Defects)

35.   No Consequential Relief: In declaration suits where plaintiff is out of possession: "Suit is barred under Proviso to Section 34 of Specific Relief Act for failure to seek recovery of possession.".

 

 

CHAPTER VII

STATUTORY REQUIREMENTS OF WRITTEN STATEMENT, SET OFF AND COUNTER CLAIM.

 

"If the Plaint is the sword of the Plaintiff, the Written Statement is the shield of the Defendant. However, Order VIII of the Code of Civil Procedure equips the Defendant with more than just a defense mechanism—it provides the statutory weaponry of 'Set-Off' and 'Counter Claim' to launch a cross-attack in the same suit. This chapter navigates the strict statutory timelines for filing a defense (30 to 90 days), the mandatory requirement of 'Specific Denial' to avoid constructive admission, and the procedural nuances that distinguish a defensive adjustment (Set-Off) from an independent cross-suit (Counter Claim)."

1. Written Statement (Order VIII, CPC)

A. Definition and Nature

A Written Statement (WS) is the pleading of the defendant wherein they deal with every material fact alleged by the plaintiff in the plaint and also state any new facts in their favor. It is essentially the defendant's defense.

B. Statutory Requirements for Filing

1. Limitation Period (Order VIII Rule 1)

• General Rule: The defendant must file the WS within 30 days from the date of service of summons.
• Extension: The Court may extend this period for reasons recorded in writing, but it shall not exceed 90 days from the date of service.
• Commercial Suits (Allied Law - Commercial Courts Act, 2015): Strict adherence is required. The WS must be filed within 30 days. It can be extended up to 120 days subject to costs, but the right to file is forfeited automatically after 120 days (SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd.).

2. Specific Denial (Order VIII Rules 3, 4 & 5)

• Rule 3: The denial must be specific. It is not sufficient to deny the grounds generally; the defendant must deal specifically with each allegation of fact.
• Rule 4 (Evasive Denial): The defendant must not deny evasively but must answer the point of substance.
• Example: If it is alleged that the defendant received a certain sum of money, it is not enough to deny receiving that particular amount; they must deny receiving that amount or any part thereof, or state how much they received.
• Rule 5 (Constructive Admission): Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be "not admitted," shall be taken to be admitted.

3. Production of Documents (Order VIII Rule 1A)

The defendant must produce all documents upon which their defense or claim for set-off/counter-claim relies. If a document is not produced with the WS, it cannot be produced later without the leave of the Court.

C. Consequences of Non-Filing (Order VIII Rule 10)

If the defendant fails to file the WS within the permitted time, the Court shall:

1.  Pronounce judgment against the defendant; or

2.  Make such order in relation to the suit as it thinks fit.

2. Set-Off (Order VIII Rule 6)

A. Concept

Set-off is a statutory defense where the defendant claims that the plaintiff owes them a specific sum of money, which should be adjusted against the plaintiff's claim. It extinguishes the plaintiff’s claim to the extent of the set-off.

B. Statutory Essentials (Order VIII Rule 6(1))

For a valid legal set-off, the following conditions must be met:

1.  Suit for Money: The suit filed by the plaintiff must be for the recovery of money.

2.  Ascertained Sum: The amount claimed by the defendant must be a specific, ascertained sum (not unliquidated damages).

3.  Legally Recoverable: The sum must be legally recoverable at the date of the suit (e.g., not barred by limitation).

4.  Same Character: Both parties must fill the same character as they fill in the plaintiff’s suit. (e.g., if sued in a personal capacity, one cannot claim set-off for a debt due to them as a trustee).

5.  Pecuniary Jurisdiction: The amount claimed must not exceed the pecuniary limits of the Court’s jurisdiction.

C. Allied Laws: Limitation Act

• Section 3(2)(b)(i), Limitation Act, 1963: A claim by way of set-off is deemed to have been instituted on the same date as the suit in which it is pleaded. This means if the debt was alive on the date the plaintiff filed the suit, the set-off is valid even if it became time-barred by the time the WS was filed.

3. Counter Claim (Order VIII Rules 6A - 6G)

A. Concept

A Counter Claim is a cross-suit filed by the defendant against the plaintiff. Unlike set-off (which is a shield), a counter claim is a "sword" used to enforce a right independent of the plaintiff's claim.

B. Statutory Essentials (Rule 6A)

1.  Scope: It can be any right or claim in respect of a cause of action accruing to the defendant against the plaintiff.

2.  Timeline for Cause of Action: The cause of action must have arisen either:

o    Before the filing of the suit; or

o    After the filing of the suit but before the defendant has delivered their defense or the time for delivering defense has expired.

3.  Pecuniary Jurisdiction: It must not exceed the pecuniary limits of the Court.

4.  Nature: It is treated as a plaint. The plaintiff must file a written statement in response to the counter claim.

C. Limitation for Filing (Rule 6A & Case Law)

• Outer Limit: While Rule 6A allows counter claims for causes of action arising before the defense is delivered, the Supreme Court (Ashok Kumar Kalra v. Wing Cdr. Surendra Agnihotri, 2020) clarified that the Court has discretion to accept a counter claim even after filing the WS, but the outer limit is the framing of issues.
• Limitation Act (Section 3(2)(b)(ii)): A counter claim is deemed to be instituted on the date on which the counter claim is made in Court. (Unlike set-off, it does not relate back to the date of the suit).

SUMMARY COMPARISON

Feature	Written Statement	Set-Off	Counter Claim
Nature	Pure Defense	Defense + Adjustment	Cross-Suit
Purpose	To deny plaintiff's claim.	To wipe out/reduce plaintiff's claim.	To get a decree against plaintiff.
Amount	N/A	Must be ascertained (Legal Set-off).	Can be ascertained or damages.
Same Transaction	N/A	Not required (Legal); Required (Equitable).	Not required.
Limitation	30-90 Days (120 for Commercial).	Relates back to date of Suit.	Date of filing Counter Claim.
Court Fee	Not required (generally).	Required on set-off amount.	Required on counter-claim amount.

 

 

CHAPTER VIII

CERTAIN TYPES OF SUITS AND RELEVANT PROVISIONS RELATING TO LAW OF LIMITATION, COURT FEE AND JURISDICTION

 

"Civil practice is a vast ocean comprising diverse categories of litigation, each governed by its own specific statutory matrix. This chapter serves as a 'Ready Reckoner' for the most frequently filed suits in Telangana Courts. Instead of searching through multiple statutes, Advocates can find the 'Three Vital Coordinates'—Limitation, Court Fee, and Jurisdiction—consolidated here for 28 distinct types of suits. Whether drafting a simple suit for recovery of money based on a Promissory Note or a complex suit for Partition or Specific Performance, this section provides the precise Limitation Article and Court Fee provision required to ensure your plaint survives the initial scrutiny."

 

1]     SUIT BASED ON DEMAND PROMISSORY NOTE FOR RECOVERY MONEY:-

Court Fee:-  Ad valorem Court Fees U/Sec.20 of  A.P.C.F. &S.V.Act  r/w. Art 1 (c) of Schedule -I of Court Fee Act.

Limitation:- Art-31,34,35 36 and 37 –  3 years

Sec:18:- Effect of acknowledgment  of debt -  Extends  Limitation only against the person who  has made it in  writing and signed  and does not  bind other promissors.

Sec.19:- Effect of payment:- If payment is made  by any  one of the borrowers/promissors it binds  all promissors – 1974 (1) An WR -98.

Sec.25(3) of Indian  Contract Act:- Promise  to pay  a debt barred  by limitation Law.

Jurisdiction:- U/Sec. 20 C.P.C.

(a) Where the promissory note executed.

(b)Where the defendant ordinarily resides, carries on business or personally works for gain.

(c) If there are more than one defendants executed Demand Promissory note, suit can be filed where any one of the defendants resides, but leave of the court is to be obtained U/Sec.20 (b) C.P.C.

2]     SUIT  FOR ARREARS OF RENT:

Court Fee:       Ad valorem court fee U/Sec.20 r/w. Art. 1(c) on the claimed amount.

Limitation:       3 Years.

Article 52: Starts from the date the arrears become due.

Jurisdiction:    Where the property is situated OR where the defendant resides OR where the rent is payable (based on the agreement)

3]     SUIT FOR EVICTION

(Scope: For properties not covered by Rent Control Acts (e.g., rent exceeds statutory limits or vacant land).

Prerequisite: Must issue Quit Notice under Sec. 106 of Transfer of Property Act.

Court Fee: Ad valorem on one year’s rent.

• Section:Sec. 40(2) (If tenancy implied) or Sec. 20 (for damages/arrears) APCF Act.

Limitation:12 Years.Article 67: Starts when the tenancy is determined (i.e., after the expiry of the Quit Notice period).

Jurisdiction:   Where the demised premises is situated U/Sec.16 of CPC.

4]     SUIT FOR SPECIFIC PERFORMANCE OF AN AGREEMENT OF SALE:-

Court Fee:       Ad valorem court fee U/Sec.39 of Court Fee Act on the total consideration amount mentioned in the agreement.

Limitation:      Art.54 of Limitation Act – 3 years - the date fixed for Performance or if no such date is fixed, when the Plaintiff has notice that performance is refused.

Jurisdiction:    Where the subject matter of the property is situated U/Sec.16 of CPC.

Additional Detail: Plaintiff must aver "Readiness and Willingness" to perform their part of the contract (Sec. 16(c) Specific Relief Act).

5]     SUIT BY A BANK FOR RECOVERY OF LOAN:-

        1]     Based on Simple Agreement with  guarantors

        2]     Based on promissory note with guarantors

        3]     Based on Hypothecation Agreement with guarantors

4]     If Based on Mortgage:

                A] Simple Mortgage

                B] On deposit of Title Deeds (Equitable Mortgage)

Court Fee:       Ad valorem court fee the loan amount due U/Sec.20 r/w.Art 1 (c) of CF Act.

Limitation:      (i)     Based on Simple Agreement with  guarantors Article  23 to 26-3 years

(ii)    Based on promissory note with guarantors Article 31,34,35,36 & 37-3 years (From the date of default)

(iii)   Based on Hypothecation Agreement with guarantors Article 23 to 26 years-3 years (Hypothication Agreement)        Moveable property (Vehicles etc.)

                  (iv)   If Based on Mortgage - Article 62,63,65-12 years

Jurisdiction:   for (1) (2) & (3) Where the agreement is executed or Where the defendants resides U/Sec. 20 C.P.C.

(4)    Where the subject matter of the suit i.e., immovable property is situated U/Sec.16 CPC.

(6) SUIT FOR MAINTENANCE:- (U/sec 18 of Hindu Adoptions & Maintenance Act)

CourtFee:        Ad valorem on the amount claimed U/Sec.22 r/w 20 of C.F.Act.

Limitation:      Article 113 of Limitation Act.   - 3 years.

Jurisdiction:    Where the defendants reside (or) where the cause of action(place of marriage or abandonment) arises in part or in whole.

(7)SUIT FOR PARTITION:-

Court Fee:  (i)         If the suit is based on joint possession fixed Court Fee payable U/Sec.34(2) of   A.P.C.F. and S.V.Act.

(ii)If  the plaintiff is out of possession, fee shall be paid U/sec 34(1) on Ad valorem on 3/4th of the market value of the plaintiff's share.

              (ii)      When Court Fee is payable at fixed rate the value for the purpose of court fee and for the purpose of pecuniary jurisdiction will be on and the same U/Sec.50 (2) of Court Fee Act.

Limitation:      Article 110: Starts when exclusion (ouster) becomes known to the plaintiff.

Jurisdiction:           (i) where the subject matter is situated U/Sec.16 CPC

(ii)      Where the subject matter is situated and within the local jurisdiction of two different courts, the suit can be filed in any one of the Courts U/Sec.17 CPC.

8]     SUIT FOR DISSOLUTION OF PARTNERSHIP:-

Court Fee:       U/Secs.33 and 20 of Court Fee Act on the value of the Plaintiff’s Share in the partnership.

Limitation:      Article 113 of Limitation Act. (Residuary Provision) - 3 years.

Jurisdiction:    Where the partnership business is carried on U/Sec.20 CPC.

9]     SUIT FOR ENFORCEMENT OF EASEMENT:-

Court Fee:       U/Sec.30 of Court Fee Act On the amount the plaintiff values the relief.

Limitation:      Article 113 of Limitation Act. (Residuary Provision) - 3 years.

Jurisdiction:    Where the dominant/servient heritage property is situated. U/Sec. 16 CPC.

10]        SUIT FOR INJUNCTION:-

Court Fee:The relief may be either prohibitory injunction(stop act)for preventing the wrongful acts of the persons or  Mandatory injunction(do act)seeking  relief against the person  to do certain act. In both the occasions  the Court Fee is to be valued notionally  U/Sec.26of T.S. C.F.Act or as fixed by Court whichever is higher.

                A. U/s 26(a) Where the relief sought relates to any immovable property, and where the plaintiff’s title to the property is denied- ½ of Market value of subject matter.

                B. U/s 26© (c) in any other case, whether the subject-matter of the suit has a market value or not, fee shall be computed on the Adoption suits. Suits for injunction. 12 [Act No. VII of 1956] amount at which the relief sought is valued in the plaint or at which such relief is valued by the Court, whichever is higher

                C. U/s 26(b exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, feeon the amount at which the relief sought is valued in the plaint or at which such relief is valued by the Court, whichever is higher;

Limitation:      Article 113 of Limitation Act. (Residuary Provision) - 3 years.

Jurisdiction:   Where the subjected matter (Immovable Property) is situated U/Sec.16 CPC.  In other cases where the cause of action partly or wholly arises.

11]   SUIT  FOR DECLARATION OF TITLE AND INJUNCTION:- ( Immovable Property).Scenario: Plaintiff is already in possession but seeks to clear cloud on title.

Court Fee:       U/Sec.24 (b) of Court Fee Act  with reference to immovable property  the fee shall be computed  on  Half of the market value of the property  or on Rs.300/-, whichever is higher.  The relief of injunction is ancillary to main relief; hence no court fee is necessary.

Limitation:      Article 65 of Limitation Act.   When the Defendants claims title over plaintiffs claim - 12 years. ( Cause of Action).

Jurisdiction:   Where the subjected matter i.e., immovable Property is situated U/Sec.16 CPC. 

12]   SUIT FOR POSSESSION U/SEC.6 OF SPECIFIC RELIEF ACT:-       (Immovable Property)- Summary suit for restoration of possession (irrespective of title) if dispossessed without due process.

Court Fee:       U/Sec.28 of Court Fee Act on half of the market value of property or onRs.200/-, whichever is higher.

Limitation:      U/Sec. 6 (2) (a) of Specific Relief Act the suit is to be filed within 6 months from the date of dispossession.

Jurisdiction:   Where the subjected matter i.e., immovable Property is situated U/Sec.16 CPC. 

Bar: No suit against Government; No Appeal/Review allowed (only Revision).

13]   SUIT FOR POSSESSION AND INJUNCTION:

Court Fee:       U/Sec.29 of Court Fee Act on 3/4^th of the market value of property or on Rs.300/-, whichever is higher.

Limitation:      Article 65 of Limitation Act the suit is to be filed within 12 years from the date of dispossession.

Jurisdiction:   Where the subjected matter i.e., immovable Property is situated U/Sec.16 CPC. 

14]   SUIT FOR DAMAGES FOR MALICIOUS PROSECUTION:-

Court Fee:       Ad valoram U/Sec.20 r/w. Article 1 (c) of Court Fee Act on the damage amount claimed.

Limitation:      Article 74 of Limitation Act within one year from the date of acquittal or termination of proceedings of prosecution.

Jurisdiction:   Where the case ended in acquittal U/Sec.20 of CPC.

15]   SUIT FOR DAMAGES  FOR DEFAMATION:-

Court Fee:       Ad valoram Court Fee U/Sec.20 r/w. Article 1 (c) of Court Fee Act on compensation claimed.

Limitation:      Limitation:1 Year.

Article 75: From date of Libel (Publication).

Article 76: From date of Slander (Spoken words).

Jurisdiction:   Where the cause of action occurred U/Sec.20 of CPC.

16]   SUIT FOR ENFORCEMENT OF RIGHT OF PRE-EMPTION:-

Court Fee:       U/Sec.47 r/w. Article 1 (c) of Court Fee Act on the value of the property.

Limitation:      Article 113 of Limitation Act when the right to sue accrues(generally date from when the purchaser takes possession)

Jurisdiction:   Where the immovable property is situated U/Sec.16 of CPC.

17]   SUIT FOR DECLARATION OF TITLE AND RECOVERY OF POSSESSION:- (Immovable Property).- Filed when the Plaintiff already lost  possession and even seeks to clear cloud on title.

CourtFee:        U/Sec.24 (a) of Court Fee Act  with reference to immovable property  the fee shall be computed  on  3/4^th  of the market value of the property  or on Rs.300/-, whichever is higher.  The relief of possession is ancillary to main relief; hence no court fee is necessary.

Limitation:      Article 65 of Limitation Act.   When the Defendants claims title over plaintiffs claim - 12 years. (Cause of Action)

Jurisdiction:   Where the subjected matter i.e., immovable Property is situated U/Sec.16 CPC.

18]   SUIT FOR ENFORCING MORTGAGE:-

        A]     Suit by Mortgager for Redemption:-

Court Fee:      U/Sec.31 (8) of Court Fee Act on the Mortgage amount or on 1/4^th of principal amount secured under the Mortgage, whichever is higher.

Limitation:      Article 61 of Limitation Act.   When the right to redeem or to recovery possession accrues -  30  years.

Jurisdiction:   Where the subjected matter i.e., immovable Property is situated U/Sec.16 CPC.

        B]     SUIT BY MORTGAGEE TO ENFORCE PAYMENT:-

Court Fee:       U/Sec.31 (1) of Court Fee Act on the amount due on Mortgage.

Limitation:      Article 62 of Limitation Act.   When the money sued for becomes due. 12  years.

Jurisdiction:   Where the subjected matter i.e., immovable Property is situated U/Sec.16 CPC.

19]   SUIT FOR ADOPTIONS:- ( Minors) -Involving a question as to the factum or validity of an adoption

Court Fee:       U/Sec.25 of Court Fee Act on half of the market value of the movable and immovable properties involved or affected by such declaration or on Rs.500/-, whichever is higher.

Limitation:      Limitation:3 Years.

Article 57: To obtain declaration that adoption is invalid.

Article 58: To obtain declaration that adoption is valid.

.Jurisdiction:  Where the subjected matter is situated or where the cause of action wholly or partly arises.

20]   SUIT FOR CANCELLATION:-

Court Fee:       U/Sec.37 of Court Fee Act for cancellation of Decree having money value or other property  or document which  purports to create  operates  any right  in moveable  or immovable properties, the fee shall be computed on the value of subject matter of the suit.  i.e., Computed on the value of the property/amount specified in the decree or document.

Limitation:Article 59 of Limitation Act -  3  years from when the facts entitling the plaintiff to have the instrument cancelled become known to them.

Jurisdiction:   Where the subjected matter is situated or where the cause of action wholly or partly arises U/Secs.16 CPC and 20 CPC.

 

21. SUIT FOR MESNE PROFITS (Past & Future); Nature: Claiming compensation from a defendant who is in wrongful possession of property.

Court Fee:

Past Profits: Ad valorem on the amount claimed (Sec. 42 APCF Act).

Future Profits: No court fee is paid at the time of filing. The fee is paid after the inquiry is conducted and the final amount is determined by the Court (Order 20 Rule 12 CPC).

Limitation:3 Years.

Article 51: For the profits of the 3 years preceding the suit.

Jurisdiction:Sec. 16 CPC (Where the immovable property is situated).

22. SUIT FOR ACCOUNTS (Administration/Partnership /Agency)-Nature: When the exact amount due is unknown, and the plaintiff asks the court to settle accounts (e.g., between Principal and Agent).

Court Fee: Ad valorem on the amount estimated by the Plaintiff.

Section:Sec. 35 (General Accounts) or Sec. 36 (Dissolution of Partnership) APCF Act.

Note: If the final decree amount exceeds the estimate, the difference in court fee must be paid before execution.

Limitation:3 Years.

Article 4: (Partnership) From date of dissolution.

Article 113: (General/Residuary) When the right to sue accrues.

• Jurisdiction:Sec. 20 CPC (Where the defendant resides or the business/cause of action arose).

23. SUIT FOR RECOVERY OF MOVABLE PROPERTY-Nature: Specific recovery of items (e.g., vehicles, machinery, jewelry, title deeds) or their value.

Court Fee: Ad valorem on the market value of the movable property U/Section:Sec. 23 APCF Act.

Limitation:3 Years.

Article 68: When the person having possession of the property first wrongfully takes it.

Article 69: When the property is wrongfully taken (Theft/Misappropriation).

Jurisdiction:Sec. 19 CPC (Where the wrong was done or where the defendant resides).

24. SUIT TO SET ASIDE ALIENATION (By Minor)- Nature: A ward suing a guardian (after turning major) to cancel a property sale made during their minority.

Court Fee: Computed on the value of the property sold. U/section:Sec. 37 APCF Act.

Limitation:3 Years. Article 60: From the date the plaintiff attains majority (turns 18).

Jurisdiction:Sec. 16 CPC (Where the immovable property is situated).

25. INTERPLEADER SUIT- Nature: Plaintiff is in possession of money/property but claims no interest in it; two or more defendants claim it adversely to one another (Sec. 88 CPC).

Court Fee: Ad valorem on the value of the disputed amount/property. U/Section:Sec. 45 APCF Act.

Limitation:3 Years (Article 113 - Residuary).

Jurisdiction:Sec. 20 CPC (Where any of the defendants reside).

26. SUIT RELATING TO PUBLIC CHARITIES (Sec. 92 CPC)

Nature: Representative suit against trustees for breach of trust or for direction of court in administering a public charity/trust.

Court Fee: Fixed Fee (usually nominal, e.g., Rs. 50 or Rs. 200 depending on court).Section:Sec. 44 APCF Act.

Limitation:No specific bar for claiming property entrusted for specific purpose (Sec. 10 Limitation Act), but generally treated as a continuous cause of action.

Jurisdiction:Principal Civil Court of Original Jurisdiction (District Court) or any other court empowered by the State Government.

Note: Requires "Leave of the Court" before filing.

27. SUIT FOR DAMAGES (GENERAL TORT/NEGLIGENCE)-Nature: Compensation for civil wrongs not covered by contracts (e.g., medical negligence, road accidents not covered by MV Act tribunals, nuisance).

Court Fee: Ad valorem on the amount claimed. U/Section:Sec. 20 APCF Act.

Limitation: Article 72: (Act not actionable without special damage) - 1 Year. Article 79-80: (Wrongful distress) - 1 Year. Article 113: (Residuary) - 3 Years (Most common for general negligence).

Jurisdiction:Sec. 19 CPC (Where the wrong was done or where defendant resides).

28. SUIT FOR DECLARATION OF DISSOLUTION OF MARRIAGE- (For Scheduled Tribes / Cases not covered by Specific Marriage Acts)

1.  Applicability: Scheduled Tribes: Who are explicitly excluded from the Hindu Marriage Act, 1955 (u/s 2(2)) and wish to dissolve a marriage based on their Customary Law.

2.  Muslims: Seeking a declaration that a divorce pronounced out of court (e.g., Talaq/Khula) is valid, or where the Dissolution of Muslim Marriages Act, 1939 does not strictly apply (rare, but possible in specific declaratory scenarios).

3.  General: Any marriage where statutory acts do not apply.

Nature of Suit: A Civil Suit under Section 9 of CPC (Civil nature) read with Section 34 of the Specific Relief Act (Declaration of Status).

• Court Fee:

o    Fixed Fee (Since the subject matter is incapable of valuation).

o    Section:Sec. 24(d) of A.P.C.F. & S.V. Act (Suit for declaration where no consequential relief is prayed) OR

                Limitation:3 Years.

o    Article 58: From the date when the right to sue first accrues (i.e., when the other party denies the dissolution or when the cause for dissolution arose).

                Jurisdiction (Territorial):

o    Sec. 20 CPC: Where the defendant resides.

 

29.   SUIT FOR COMPENSATION FOR BREACH OF CONTRACT

• Nature: Filed to recover monetary damages when a contract is broken, and Specific Performance is either not possible or not desired.
• Court Fee: Ad Valorem on the amount of damages claimed under Section 20 of A.P.C.F. & S.V. Act.
• Limitation: 3 Years (Article 55). From the date the contract is broken.
• Jurisdiction: Where the contract was executed, performed, or breached, OR where the Defendant resides (Section 20 CPC).

 

30. SUIT FOR DECLARATION THAT A SALE DEED IS NULL AND VOID (By Non-Executant)

• Nature: Filed by a true owner challenging a Sale Deed executed by an imposter or a person with no title. (Distinguished from "Cancellation" where the Plaintiff is a party to the deed).
• Court Fee: Since the Plaintiff is not a party to the document, they need not pay fee on the document value (as per Suhrid Singh @ Sardool Singh vs Randhir Singh, Supreme Court).
• Valuation is either Under 24(d) if only declaration as null and void seeks or else under Section 24(b) (if seeks Declaration + Injunction) on 1/2 Market Value, OR Section 24(a) (if seeks Declaration + Possession) on 3/4th Market Value.
• Limitation: 3 Years (Article 58). From the date when the right to sue first accrues (i.e., when the Plaintiff gains knowledge of the void deed).
• Jurisdiction: Where the immovable property is situated (Section 16 CPC).

 

CHAPTER IX

DRAFTING OF INTERLOCUTORY APPLICATIONS (IAS).

"Drafting an Interlocutory Application (IA) involves a dual-process that every Advocate must master: the 'Application' and the 'Affidavit.' While the Application is a formal request to the Court stating the specific relief sought under the relevant provision, the Affidavit provides the evidentiary backbone—sworn facts by the party—to support that request. This chapter breaks down the strict structural hierarchy of an IA, explaining why an application without a supporting affidavit is defective. It guides you through the nuances of drafting both documents, ensuring that the facts pleaded in the Affidavit do not contradict the main pleadings, thereby preventing fatal errors during cross-examination."

1. Definition & Nature

An Interlocutory Application (IA) is a request made to the Court for a specific relief or order during the pendency of a main suit or proceeding. It is not a final decision on the suit itself but aids in the progress of the case or maintains the status quo.

• Statutory Basis: While "Interlocutory Application" is not explicitly defined in one section, Section 141 CPC provides that the procedure for suits shall be followed in all miscellaneous proceedings (which includes IAs).
• General Power:Section 151 CPC (Inherent Powers) is often invoked alongside specific provisions to prevent abuse of process or secure the ends of justice.

2. The Two-Document Rule

In practice, an IA consists of two distinct documents that must be filed together:

1.  The Application: The formal request stating the relief sought and the provision of law under which it is filed.

2.  The Affidavit: A sworn statement of facts by the party (Deponent) supporting the application. Note: An application without an affidavit is generally defective (except for purely legal questions).

3. Structure of an Interlocutory Application

Every IA follows a strict structural hierarchy. Below is the breakdown:

Part 1: The Cause Title

• Court Name: (e.g., "In the Court of the Senior Civil Judge at [Location]")
• Case Number: (e.g., "I.A. No. ____ of 20__ IN O.S. No. ____ of 20__")
• Parties:
• Petitioner/Applicant (Usually the party filing the IA - can be Plaintiff or Defendant).
• Respondent (The opposite party).

Part 2: The Provision of Law

Immediately below the parties, you must state the specific provision under which the application is filed.

• Format:"Application filed under [Order & Rule] of CPC r/w Section 151 CPC"

Part 3: The Body (The "Most Respectfully Showeth" Clause)

• This section acts as a bridge. It simply states:

"For the reasons stated in the accompanying affidavit, the Petitioner/Applicant prays that this Hon'ble Court may be pleased to..."

• It avoids repeating facts; facts belong in the Affidavit.

Part 4: The Prayer

• The specific relief requested (e.g., "grant temporary injunction," "appoint a commissioner").

4. Structure of the Affidavit

The Affidavit provides the evidentiary basis for the Judge to grant the order.

A. Introduction of Deponent

• "I, [Name], S/o [Father's Name], aged [Age], R/o [Address], do hereby solemnly affirm and state as follows:"

B. Competency Clause

• "I am the Plaintiff/Defendant in the above suit and I am well acquainted with the facts of the case."

C. Factual Content (Paragraphs)

• Status of Suit: Briefly mention what stage the main suit is in.
• Cause for Application: Explain why you need this order now.
• Example (Injunction): "The Defendant is threatening to demolish the wall..."
• Example (Amendment): "I recently discovered a document that necessitates changing para 3..."
• Urgency/Balance of Convenience: State that if the relief is not granted, the applicant will suffer "irreparable loss."

D. The "Look-Back" Clause

• "It is therefore just and necessary that this Hon'ble Court be pleased to allow this application..."

E. Verification

• A mandatory clause where the deponent confirms the truthfulness of the contents.
• Format: "Verified at [Place] on this [Date] that the contents of paras 1 to X are true to my personal knowledge..."

5. Common IAs and Relevant Provisions (Quick Reference)

Sl. No.	Purpose of Application	Relevant Provision (CPC)	Key Ingredients to Plead
1	Temporary Injunction	O.39 R.1 & 2	Prima facie case, balance of convenience, irreparable injury
2	Appointment of Advocate Commissioner	O.26 R.9	Local inspection necessary, dispute regarding identity/possession/boundaries
3	Interim Receiver	O.40 R.1	Property in danger, waste, mismanagement
4	Attachment before Judgment	O.38 R.5	Defendant attempting to alienate/remove property to defeat decree
5	Security for costs	O.25 R.1	Defendant likely to be unable to pay costs
6	Deposit of money into court	S.151 CPC	Money in dispute, protection of parties’ interest
7	Amendment of plaint / written statement	O.6 R.17	Due diligence, necessity for real controversy
8	Rejection of plaint	O.7 R.11	Bar of law, no cause of action, undervaluation, insufficient court fee
9	Return of plaint	O.7 R.10	Court lacks territorial/pecuniary jurisdiction
10	Summoning documents	O.13 R.10 / O.16 R.6	Document in custody of court/party necessary for adjudication
11	Summoning witnesses	O.16 R.1	Witness is material and necessary
12	Adjournment	O.17 R.1	Sufficient cause, unavoidable circumstance
13	Reopening of evidence	S.151 CPC	Evidence essential, ends of justice
14	Recall of witness	O.18 R.17	Clarification necessary, not for filling lacuna
15	Additional evidence	O.18 R.17-A (by practice) / S.151	Could not be produced earlier despite due diligence
16	Appointment of Guardian for minor	O.32 R.3	Party is minor/incapable
17	Removal of Guardian	O.32 R.10	Negligence, conflict of interest
18	Compromise memo recording	O.23 R.3	Lawful agreement, signed by parties
19	Withdrawal of suit	O.23 R.1	Formal defect or sufficient grounds
20	Transposition of parties	O.1 R.10	Party necessary/proper, real controversy
21	Impleadment of party	O.1 R.10(2)	Necessary or proper party
22	Striking out pleadings	O.6 R.16	Scandalous, frivolous, vexatious, abuse of process
23	Stay of suit	S.10 CPC	Previously instituted suit, same matter in issue
24	Stay of proceedings (inherent)	S.151 CPC	To prevent abuse of process
25	Restoration of suit dismissed for default	O.9 R.9	Sufficient cause for absence
26	Setting aside ex parte decree	O.9 R.13	Non-service of summons or sufficient cause
27	Condonation of delay	S.5 Limitation Act (r/w S.151 CPC)	Sufficient cause, bona fides
28	Dismissal of suit for default	O.9 R.8	Plaintiff absent, no representation
29	Production of additional documents	O.8 R.1A / O.13 R.1	Document relevant, could not be produced earlier
30	Police aid for injunction / commissioner	S.151 CPC	Disobedience or obstruction anticipated
31	Review petition	O.47 R.1	Error apparent, discovery of new evidence
32	Commission for examination of witness	O.26 R.1	Witness unable to attend court
33	Withdrawal of execution petition	O.21 R.2 / S.151	Satisfaction or settlement
34	Stay of execution	O.21 R.26 / R.29	Pending appeal/suit, hardship
35	Appointment of survey commissioner	O.26 R.9	Boundary/identity dispute
36	Amendment of decree	S.152 CPC	Clerical or arithmetical error
37	Return of documents	O.13 R.9	No longer required
38	Expunging remarks	S.151 CPC	Adverse remarks unnecessary/unwarranted

6. Crucial Drafting "Dos and Don'ts"

1.  Don't Argue Law: An affidavit is a statement of fact, not law. Do not quote case laws inside an affidavit.

2.  Section 151 Usage: Always append "Read With (r/w) Section 151 CPC" to your specific provision. It acts as a safety net, invoking the court's inherent power to do justice even if the specific rule has a technical gap.

3.  Consistency: Ensure the facts in the IA Affidavit do not contradict the main Plaint/Written Statement. A contradiction here can be fatal during cross-examination.

4.          "Showeth" vs "Deponent": The Application uses "The Petitioner Showeth" (formal presentation). The Affidavit uses "I, the Deponent, state..." (personal testimony).

CHAPTER X

 

DRAFTING GUIDE FOR SPECIFIC SUITS

 

 

"A well-drafted plaint is the architectural blueprint of a civil trial; any structural defect in the pleading can lead to a collapse of the case at the evidence stage. This section serves as a practical manual for drafting the most frequently litigated civil suits in Telangana Courts, including Specific Performance, Partition, and Money Recovery. For each category, this guide provides a holistic 'Drafting Ecosystem': it integrates the substantive law (Specific Relief Act/Contract Act), the procedural deadlines (Limitation Act), and the fiscal requirements (Court Fees Act) into a cohesive template. By following these structured guides, Advocates can ensure their pleadings are not only factually precise but also statutorily compliant."

DRAFTING OF PLAINT  AND WRITTEN STATEMENT IN A SUIT FOR PERPETUAL INJUNCTION

HOW TO DRAFT A SUIT FOR INJUNCTION

I. TYPES OF INJUNCTIONS

1.  Temporary Injunction – granted during pendency of suit under Order 39 Rules 1 & 2 CPC

2.  Permanent (Perpetual) Injunction – final relief under Section 38 of the Specific Relief Act, 1963

3.  Mandatory Injunction – to compel performance under Section 39 of the Specific Relief Act

II. LEGAL PROVISIONS TO CITE

 Specific Relief Act, 1963:

• Section 38 – When perpetual injunction can be granted
• Section 39 – When mandatory injunction is appropriate

 Code of Civil Procedure, 1908:

• Order VII Rule 1 – Requirements of a plaint
• Order VI Rule 2 – Pleading to state material facts, not evidence
• Order XXXIX Rules 1 & 2 – Temporary injunction

III. STRUCTURE OF SUIT FOR INJUNCTION (Perpetual or Temporary)

 Title and Jurisdiction

IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE, _____________
Civil Suit No. ___ of 2024
BETWEEN
Plaintiff: Name, age, father’s name, address

                                    AND
Defendant: Name, age, address

Cause Title

SUIT FOR PERPETUAL INJUNCTION
(or SUIT FOR PERPETUAL AND MANDATORY INJUNCTION)

Plaint – Contents & Format

 Introductory Paragraphs

• Details of plaintiff and defendant (with cause of action dates)
• Nature of the land/property (agricultural/residential/patta/assigned)
• Description of property (with survey number, boundaries, village, mandal, district)

Material Facts

• Plaintiff is in peaceful possession and enjoyment of the suit schedule land.
• Plaintiff is the lawful owner/occupant based on pattadar passbook, pahanis, and ROR entries.
• Defendant has no right, title or interest, but attempted to interfere or encroach.

Cause of Action

• Date(s) of interference or threat by the defendant
• Actions by defendant attempting dispossession or unlawful construction

Court fee

• The value of the suit for purposes of jurisdiction and court fee is Rs. ____

Jurisdiction The suit property is situated within the jurisdiction of the Court.

DECLARATION: No other suit or proceeding in any other Court

Reliefs Sought:

• A decree of perpetual injunction restraining the defendant, his men, agents etc. from interfering
• Temporary injunction (by separate I.A. under Order 39)
• Costs of the suit
• Any other relief the Court deems fit

Dt:

Place :                                                      Plaintiff

Verification

I, [name], the plaintiff above named, do hereby verify that the contents of paras 1 to __ are true and correct to my knowledge, belief, and legal advice.
Verified at ________ on this ___ day of ______ 2024.

Dt:

Place :                                                      Plaintiff

SCHEDULE OF PROPERTY

 

All that agricultural land measuring Ac.1-00 gts in Survey No. ___ situated at ___________ Village, __________ Mandal, ________ District, bounded by:

North   : ______________ 

South   : ______________ 

East    : ______________ 

West    : ______________

Dt:

Place :                                                      Plaintiff

G. Verification

I, [name], the plaintiff above named, do hereby verify that the description of suit property is  true and correct to my knowledge, belief, and legal advice.
Verified at ________ on this ___ day of ______ 2024.

IV. DOCUMENTS TO ANNEX (for example in case of agricultural lands)

1. Ownership/Possession Proof

• Pattadar Passbook (issued under ROR Act)
• Pahani extracts (10 years or more)
• 1-B Register Extracts
• Mutation proceedings (if any)
• Electricity/water bills (if residential)

2. Revenue Records

• Encumbrance Certificate (EC)
• Grama Panchayat certificate (if rural property)
• Proceedings from MRO or Tahsildar (Section 5B ROR Act)

3. Threat Evidence

• Complaint to Police
• Photos/videos of interference attempts
• Legal notice (if served)

B. Interim Application (I.A.)

• Along with plaint, file Interlocutory Application under Order XXXIX Rule 1 and 2
• Support with affidavit and documents

Affidavit must show:

1.  Prima facie case

2.  Balance of convenience

3.  Irreparable loss

VII.  CHECKLIST BEFORE FILING

Task	Status
Verified title/possession documents	✔️
Identified cause of action date	✔️
Property schedule drafted clearly	✔️
Valuation and court fee calculated	✔️
IA for temporary injunction attached	✔️
Documents properly indexed and marked	✔️
Affidavit for IA signed and notarized	✔️

 

VIII. TEMPLATE PRAYER CLAUSE

PRAYER
The Plaintiff therefore prays that this Hon'ble Court may be pleased to:

1.  Grant a decree of perpetual injunction restraining the defendant, his agents, servants or anyone claiming through him from interfering with the plaintiff’s possession and enjoyment of the suit schedule property;

2.  Award costs of the suit;

3.  Pass such other relief as this Hon’ble Court deems fit and proper in the interest of justice.

 

DRAFTING OF WRITTEN STATEMENT IN A SUIT FOR PERPETUAL INJUNCTION

Defences in a Suit for Perpetual Injunction

As a defendant, a well-structured written statement is essential to counter the plaintiff's claims and protect your rights.

Here are common defences that can be raised in a suit for perpetual injunction:

1. Denial of Plaintiff's Right/Title:

No legal right: The plaintiff does not possess the legal right (e.g., ownership, easement, contractual right) that they are seeking to protect through the injunction.

No infringement: Even if the plaintiff has a right, the defendant's actions do not constitute an infringement or violation of that right.

Plaintiff's title/right is disputed: If the injunction is sought to protect a property right, disputing the plaintiff's ownership or lawful possession can be a strong defence.

2.     No Cause of Action/Injury:

No actual or apprehended injury: The plaintiff has not suffered, nor is likely to suffer, any actual or substantial injury due to the defendant's actions. Mere apprehension of injury, if not reasonable, is insufficient.

Trivial injury: The injury, if any, is so slight or trivial that it does not warrant the extraordinary remedy of an injunction.

Defendant's actions are lawful: The defendant is acting within their legal rights and responsibilities.

3.     Maintainability of Suit:

Suit barred by limitation:While injunction suits generally have a longer limitation period (often linked to the underlying right or continuous cause of action), specific acts might have shorter limitation periods.

Non-joinder or misjoinder of parties: If necessary parties (e.g., co-owners, government authorities if their action is relevant) have not been included, the suit may not be maintainable.

Valuation and court fees: Challenging the valuation of the suit for court fee purposes if it's incorrect.

Res Judicata/Constructive Res Judicata: If the same issues have already been decided by a competent court in a previous suit between the same parties or their privies.

Plaintiff has not sought a declaration: If the plaintiff's title is seriously disputed, a suit for mere injunction without seeking a declaration of title might not be maintainable, especially if the plaintiff is not in possession.

4.     Plaintiff's Conduct/Equitable Defences:

Acquiescence/Waiver: The plaintiff was aware of the defendant's actions and silently stood by without objection, allowing the defendant to incur expense or change their position. This implies they have implicitly consented or waived their right to object.

Delay and Laches: Unreasonable and unexplained delay in filing the suit, which has prejudiced the defendant, can be a ground for refusal of injunction, as "delay defeats equity."

Clean Hands Doctrine: The plaintiff themselves must come to the court with "clean hands," meaning they should not be guilty of any unconscionable, dishonest, or fraudulent conduct concerning the subject matter of the suit.

Suppression of material facts: If the plaintiff has deliberately withheld crucial information from the court.

Balance of convenience: Arguing that granting an injunction would cause greater inconvenience or hardship to the defendant than refusing it would cause to the plaintiff. This is particularly relevant for temporary injunctions but can influence perpetual injunctions too.

SPECIFIC RELIEF ACT PROVISIONS:

Section 38, Specific Relief Act: The court may grant a perpetual injunction, indicating it's a discretionary remedy, not a matter of right.

Section 41, Specific Relief Act (Cases where injunction cannot be granted): This is a crucial section for defendants. Injunctions cannot be granted:

To restrain a person from prosecuting a judicial proceeding (unless multiple frivolous suits).

To restrain a person from instituting or prosecuting any proceeding in a criminal matter.

To prevent the breach of a contract the performance of which would not be specifically enforced (e.g., contracts of personal service).

To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance.

To prevent a continuing breach in which the plaintiff has acquiesced.

Where an equally efficacious relief can certainly be obtained by any other usual mode of proceeding (e.g., damages would be an adequate remedy).

When the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the Court.

Where the plaintiff has no personal interest in the matter.

 

 

Defendant's Rights:

Right of way/easement: If the plaintiff is trying to prevent the defendant from using a valid easement (e.g., right of way, light, air).

Ownership/possession: Asserting the defendant's own lawful title and possession of the property, which gives them the right to act as they are.

Statutory authority: The defendant's actions are authorized by law or a competent authority.

GUIDANCE FOR DRAFTING WRITTEN STATEMENT IN A SUIT FOR PERPETUAL INJUNCTION

A written statement is your formal response to the plaint. It must systematically address each allegation.

I. Title and Heading:

• In the Court of: [Name of the Court, e.g., Civil Judge (Junior Division), Metropolitan Magistrate]
• Suit No.: [Suit Number] of [Year]
• Plaintiff(s): [Name(s) of Plaintiff(s)]
• Versus
• Defendant(s): [Name(s) of Defendant(s)]
• Written Statement on behalf of Defendant No. [Number]

II. Preliminary Objections (Maintainability Issues):

Start with points that challenge the legal basis or maintainability of the suit itself.

• "That the present suit is not maintainable as the plaintiff has failed to establish any legal right that is being infringed by the defendant."
• "That the suit is barred by the principles of 'delay and laches' as the plaintiff has approached this Hon'ble Court after an inordinate and unexplained delay of [period] despite having knowledge of the defendant's actions since [date]."
• "That the suit is barred by Section 41(h) of the Specific Relief Act, 1963, as an equally efficacious remedy of claiming damages is available to the plaintiff, and pecuniary compensation would afford adequate relief."
• "That the plaintiff has suppressed material facts from this Hon'ble Court, disentitling them to the equitable relief of injunction."
• "That the suit for mere injunction is not maintainable without seeking a declaration of title, as the plaintiff's title to the suit property is seriously disputed by the defendant."
• "That the plaintiff does not have 'clean hands' and their conduct disentitles them to any equitable relief from this Hon'ble Court."
• "That the present suit is an abuse of the process of law and has been filed with malicious intent to harass the defendant."

 

 

III. Reply on Merits (Para-wise Reply to Plaint):

Respond to each and every paragraph of the plaintiff's plaint specifically.

• Para 1 (of Plaint): "The contents of para 1 of the plaint are denied. It is specifically denied that the plaintiff is the absolute owner/lawful possessor of the suit property. The alleged claim of right by the plaintiff is false and unsustainable in law."
• Para 2 (of Plaint): "The contents of para 2 of the plaint are admitted to the extent that [admit what is true]. However, the remaining contents are denied. It is submitted that the defendant's actions are lawful and within their rights as [state your right, e.g., co-owner, easement holder, legal occupant]."
• Specific Denials:
• Plaintiff's Title/Right: Directly deny the plaintiff's claimed right or title to the property or the specific right they are seeking to protect (e.g., easement, access).
• Infringement/Injury: Deny that your actions cause any injury or infringement of the plaintiff's rights. State why your actions are lawful.
• Threat/Apprehension: Deny any threat or reasonable apprehension of injury as alleged by the plaintiff.
• Cause of Action: Deny that any cause of action arose in favour of the plaintiff.
• Affirmative Defences: Plead your specific defences clearly.
• Your Right/Title: Clearly state your own right or interest in the property or the action (e.g., "The defendant is the co-owner of the suit property along with the plaintiff and has every right to use it for bonafide purposes." or "The defendant has a valid easementary right of way over the suit property, which has been used openly and continuously for over 20 years.").
• Lawful Action: Explain why your actions are legal and justified (e.g., "The defendant is constructing a boundary wall on their own land and not encroaching upon the plaintiff's property." or "The defendant is carrying out repairs on their own property, which is permissible by law.").
• Acquiescence/Waiver: "The plaintiff was fully aware of the construction/action being undertaken by the defendant since [Date] and did not raise any objection for a period of [time], thereby acquiescing to the said action."
• Availability of other remedies: "It is submitted that even if the plaintiff's allegations were true (which are denied), the plaintiff could be adequately compensated by way of damages, and therefore, an injunction is not warranted."
• Balance of Convenience: "Granting an injunction would cause irreparable loss and hardship to the defendant, who has already invested substantial time and money in [action], whereas refusal of injunction would not cause any significant irreparable injury to the plaintiff."

IV. Specific Averments/New Facts:

Introduce any new facts or circumstances relevant to your defence that were not mentioned in the plaint.

• "It is submitted that the plaintiff had previously filed a similar frivolous complaint/suit, which was dismissed/withdrawn."
• "The defendant has obtained all necessary permissions/approvals from [relevant authority] for the impugned action."

V. Prayer:

Conclude by stating the specific relief you seek from the court.

• "In view of the aforesaid submissions, it is most respectfully prayed that this Hon'ble Court may be pleased to:"
• "Dismiss the present suit filed by the plaintiff with exemplary costs."
• "Grant any other or further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

Signature of Defendant

VI. Verification:

• "I, [Name of Defendant], the above-named defendant, do hereby solemnly affirm and state that the contents of paragraphs [mention paragraph numbers] of the Written Statement are true and correct to my knowledge, and the contents of paragraphs [mention paragraph numbers] are true and correct based on legal advice, and nothing material has been concealed therefrom."
• Place: [City]
• Date: [Date]                        Signature of Defendant

Signature of Advocate

Key Drafting Tips:

• Specificity: Be precise in your denials and assertions. Vague denials can be construed as admissions.
• Conciseness: Be to the point. Avoid irrelevant details.
• Consistency: Ensure your entire defence is consistent and logical.
• Evidentiary Support: While you don't plead evidence, be mindful of the documents and witnesses you will need to prove your pleaded facts (e.g., title deeds, municipal approvals, photographs, witness affidavits).
• Burden of Proof: Remember that the burden of proving the necessity for an injunction lies with the plaintiff. Your job is to show why it should not be granted.
• Legal Advice: Always consult with a qualified lawyer. They can help you identify the strongest defences specific to your case and draft a legally sound written statement. The equitable nature of injunctions means that facts and the plaintiff's conduct are highly scrutinized.

 

DRAFTING OF PLAINT AND WRITTEN STATEMENT IN A SUIT FOR RECOVERY MONEY-

DRAFTING PLAINT:

Drafting a suit for recovery of money in India requires careful adherence to the provisions of following acts

I. Key Laws Governing Money Recovery Suits:

·         Code of Civil Procedure, 1908 (CPC): Lays down the procedural framework for civil suits, including drafting of plaints, summons, appearance of parties, written statements, evidence, judgments, and execution.

·         Indian Contract Act, 1872: Governs the formation, validity, and enforcement of contracts. Many money recovery suits arise from a breach of contract.

·         Limitation Act, 1963: Specifies the time limits within which a suit must be filed.

·         Indian Evidence Act, 1872: Deals with the admissibility and production of evidence in court.

·         Court Fees Act (State Specific): Determines the court fees payable on various types of suits.

Here's a comprehensive guide on how to draft a suit for recovery of money, along with key legal considerations:

2. Preliminary Steps Before Drafting the Suit:

1.  Issue a Legal Notice: This is a crucial first step. It formally demands payment from the debtor within a stipulated period (usually 15-30 days). It serves as proof that you attempted to resolve the matter amicably before resorting to litigation.

o    Content of Legal Notice:

§  Detailed facts of the transaction (e.g., loan date, goods supplied, services rendered).

§  Total amount due, including principal, interest (if any), and any other charges.

§  A clear deadline for payment.

§  Consequences of non-payment (i.e., filing a civil suit).

§  Your contact details.

3. Gather Documents and Evidence: Collect all relevant documents that support your claim. This is paramount for proving your case. Examples include:

o    Loan agreements, promissory notes, hundis, bills of exchange.

o    Invoices, delivery challans, purchase orders.

o    Bank statements showing transactions.

o    Emails, letters, or any other correspondence acknowledging the debt.

o    Cheques (original and dishonour memo if applicable).

o    Any other written evidence of the debt and default.

4. Determine Jurisdiction:

o    Pecuniary Jurisdiction: This refers to the monetary value of the suit.

§  Civil Judge (Junior Division)/Junior Civil Judge: For suits up to a certain monetary limit (varies by state as).

§  Civil Judge (Senior Division)/Senior Civil Judge: For suits with higher values, up to the District Court limit.

§  District Court: For suits exceeding the pecuniary limits of subordinate civil

§  High Court: Some High Courts have original jurisdiction for very high-value suits, especially in metropolitan cities.

§  Debt Recovery Tribunals (DRTs): For recovery of debts due to banks and financial institutions (under the RDDBFI Act, 1993).

o    Territorial Jurisdiction: This refers to the geographical area. A suit can be filed in the court within whose jurisdiction:

§  The defendant resides or carries on business.

§  The cause of action (the event leading to the dispute, e.g., breach of contract, non-payment) wholly or partly arose. This could be where the contract was signed, goods were delivered, payment was due, or the legal notice was sent.

5.     Check Limitation Period:

1. The General Rule (Demand Promissory Note). If your pronote is "payable on demand" (which is the most common format in India, where no specific future date is mentioned for repayment), the limitation period is: 3 Years from the Date of the Pronote.

Why? Legally, for a "demand" note, the debt is considered due immediately the moment the document is signed You do not have to wait for a "due date" to sue, so the clock starts ticking instantly. Reference: Article 35 of the Limitation Act, 1963.³

2. The Exception (Payable at a Fixed Time): If your pronote specifically states that payment is to be made after a certain period (e.g., "payable 6 months after date" or "payable on 1st January 2026"), the limitation period is: 3 Years from the Due Date (when the fixed time expires). Reference: Article 31 or 34 of the Limitation Act, 1963.⁵

3.     Can the time limit be extended?   Yes, the 3-year clock can be "reset" or extended in two common scenarios, provided they happen before the original 3 years expire: Written Acknowledgement: If the borrower writes and signs a letter or endorsement acknowledging the debt.

• Part Payment: If the borrower pays a portion of the amount (principal or interest) and acknowledges the payment in writing (usually an endorsement on the back of the pronote).

Summary Table

Type of Pronote	Limitation Period	Starting From
Payable on Demand (Standard)	3 Years	Date of the Pronote
Payable after fixed time	3 Years	The Due Date (when time expires)
Payable in Installments	3 Years	Date of the Default (of the specific installment)

 

6. Drafting the Plaint (The Formal Document Initiating the Suit):

The plaint is the foundation of your case. It must be drafted meticulously, adhering to Order VII of the CPC.

Structure of a Plaint:

1.  Heading of the Court:

o    IN THE COURT OF THE CIVIL JUDGE (JUNIOR DIVISION)/SENIOR DIVISION/DISTRICT JUDGE, [City/District Name], [State Name]

o    (Choose based on pecuniary and territorial jurisdiction)

2.  Title of the Suit:

o    Suit No. ______ of 20______ (To be filled by the court)

o    [Plaintiff's Name], Son/Daughter/Wife of [Parent's Name], Aged about [Age] years, Residing at [Full Address], and carrying on business/profession as [Occupation] (if applicable)

§  ...Plaintiff

o    VERSUS

o    [Defendant's Name], Son/Daughter/Wife of [Parent's Name], Aged about [Age] years, Residing at [Full Address], and carrying on business/profession as [Occupation] (if applicable)

§  ...Defendant

3.  Plaint under Order VII, Rule 1 of the Code of Civil Procedure, 1908, read with Section [Relevant Sections, e.g., 26] of the CPC:

4.  Particulars of the Plaintiff:

o    State the full name, parentage, age, address, and occupation of the plaintiff.

o    If the plaintiff is a company, partnership firm, or any other legal entity, state its registration details and the name and designation of the authorized signatory filing the suit.

5.  Particulars of the Defendant:

o    State the full name, parentage, age, address, and occupation of the defendant.

o    If the defendant is a company, partnership firm, or any other legal entity, state its registration details and the nature of its business.

6.  Facts of the Case (Pleading):

o    Elaborate on the facts previously mentioned in the "Cause of Action" section, providing more detail and connecting them to the legal basis of your claim (e.g., breach of contract, dishonour of cheque).

o    Refer to supporting documents (e.g., "The plaintiff refers to and relies upon the loan agreement dated [date] annexed as Annexure 'A'.").

o    Clearly state the amount of principal due, the interest accrued (specify the rate and method of calculation), and any other charges.

7.  Cause of Action: This is the heart of the plaint. Clearly and concisely state the facts that give rise to your right to sue.

o    Narrate the sequence of events chronologically.

o    Describe the transaction(s) leading to the debt (e.g., loan advanced, goods sold and delivered, services rendered).

o    Mention the date of the agreement/transaction.

o    Specify the amount of money involved.

o    Detail the terms of repayment (if any).

o    Clearly state when the defendant defaulted on their payment obligations.

o    Mention the issuance of the legal notice and the defendant's failure to comply.

o    The "cause of action arose on [date/dates] when..."

8.  Jurisdiction:

o    Explicitly state why the chosen court has both pecuniary and territorial jurisdiction to entertain the suit.

o    Example: "That the cause of action for the present suit arose wholly within the territorial limits of this Hon'ble Court, as the agreement was executed, the goods were delivered, and the payment was due within its jurisdiction. The defendant also resides/carries on business within the jurisdiction of this Hon'ble Court. The value of the suit for the purpose of jurisdiction and court fees is Rs. [Amount], which falls within the pecuniary limits of this Hon'ble Court."

9.  Limitation:

o    State that the suit is filed within the period of limitation prescribed by the Limitation Act, 1963.

o    Example: "That the cause of action for the present suit arose on [date of default], and the suit is being filed within three years from the date of the cause of action, hence it is well within the period of limitation prescribed by law."

10.              Valuation for Court Fees and Jurisdiction:

o    State the exact amount being claimed.

o    Calculate the court fees payable on this amount as per the relevant State Court Fees Act. Court fees vary significantly by state and the amount claimed (often a percentage).

o    Example: "That the suit is valued at Rs. [Total Amount Claimed] for the purpose of court fees and jurisdiction, and the requisite court fee of Rs. [Court Fee Amount] has been paid herewith."

11.              Relief Sought (Prayer Clause): This is where you formally request the court to grant you the desired remedies.

o    Pray for a decree for the recovery of the principal amount.

o    Pray for interest (pre-suit interest, pendente lite interest, and future interest until realization) at a specified rate.

o    Pray for costs of the suit (legal fees, court fees, etc.).

o    Add a general prayer for "any other relief that this Hon'ble Court deems fit and proper in the circumstances of the case."

12.              Verification:

o    The plaintiff must verify the plaint, stating that the contents of the plaint are true and correct to their knowledge and belief.

o    VERIFICATION:I, [Plaintiff's Name], the above-named Plaintiff, do hereby verify on this [Day] day of [Month], [Year] at [Place], that the contents of paragraphs 1 to [last paragraph number] of the above plaint are true and correct to my knowledge and belief, and no part of it is false and nothing material has been concealed therefrom.[Plaintiff's Signature]

13.              List of Documents:

o    Provide a list of all documents being filed along with the plaint (e.g., original loan agreement, pronote, copies of invoices, legal notice, postal acknowledgment, dishonour memo, etc.).

III. Types of Money Recovery Suits:

·         Ordinary Civil Suit for Recovery: This is the most common type, filed under the general provisions of the CPC.

·         Summary Suit (Order XXXVII CPC): This is an expedited procedure for quicker recovery in specific cases where there is written proof of debt, such as:

o    Suits on bills of exchange, hundis, and promissory notes.

o    Suits where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or an enactment (where the sum is a fixed amount or can be ascertained).

o    The defendant has limited grounds to defend the suit and must seek "leave to defend" from the court.

V. Important Considerations:

·         Interim Reliefs: In some cases, you might seek interim reliefs (e.g., attachment before judgment, temporary injunction) to prevent the defendant from alienating their assets during the pendency of the suit. This requires separate applications.

·         Arbitration Clause: If there is an arbitration clause in the agreement, you may be required to resolve the dispute through arbitration instead of a civil suit.

·         Legal Counsel: It is highly recommended to engage an experienced lawyer to draft and file the suit. They can ensure legal accuracy, compliance with procedural requirements, and effective representation.

·         Execution of Decree: Even after obtaining a judgment (decree) in your favour, you may need to initiate execution proceedings to recover the money if the defendant does not voluntarily pay. The limitation period for executing a money decree is generally 12 years from the date of the decree.

Remember that each case is unique, and specific legal advice tailored to your facts is always advisable.

 

DRAFTING WRITTEN STATEMENT  IN MONEY SUIT

Drafting a Written Statement in a money recovery suit is a critical step for the defendant to present their defence and counter the claims made by the plaintiff in the plaint.It is governed primarily by Order VIII of the Code of Civil Procedure, 1908 (CPC), along with other relevant legal principles.

Here's comprehensive guidance on how to draft a Written Statement in a money recovery suit as per Indian laws:

I. Understanding the Purpose and Importance of a Written Statement:

·         Defence Mechanism: It's the defendant's formal response to the allegations and claims in the plaintiff's plaint.

·         Denial of Allegations: The defendant must specifically deny each allegation they dispute, paragraph by paragraph. General or evasive denials are not permitted and can be taken as admission.

·         Raising Objections: It's the stage to raise preliminary objections (e.g., jurisdiction, limitation, maintainability).

·         Stating New Facts: The defendant can introduce new facts that support their defence and were not mentioned in the plaint.

·         Counter-Claim/Set-Off (Optional): The defendant can make a counter-claim against the plaintiff or claim a set-off if money is due from the plaintiff.

II. Time Limit for Filing Written Statement (Order VIII, Rule 1 CPC):

·         The defendant is required to file a Written Statement within 30 days from the date of service of summons.

·         The court may extend this period, but not beyond 90 days from the date of service of summons, for reasons to be recorded in writing.

·         Failure to file within this period can lead to the defendant's right to file being forfeited, and the court may proceed to pronounce judgment or pass an order as it deems fit (though courts are generally lenient if good cause is shown for delay).

III. Structure of a Written Statement:

1.  Heading of the Court:

o    IN THE COURT OF THE CIVIL JUDGE (JUNIOR DIVISION)/SENIOR DIVISION/DISTRICT JUDGE, [City/District Name], [State Name]

2.  Title of the Suit:

o    Suit No. ______ of 20______

o    [Plaintiff's Name] ...Plaintiff

o    VERSUS

o    [Defendant's Name] ...Defendant

3.  Written Statement on behalf of the Defendant under Order VIII, Rule 1 of the Code of Civil Procedure, 1908:

4.  Preliminary Submissions/Objections (First Paragraphs):

o    These are usually general objections or legal points that can defeat the suit even without going into the merits.

o    Maintainability: State that the suit is not maintainable in its present form (e.g., no cause of action, misjoinder of parties, non-joinder of necessary parties).

o    Jurisdiction: State that the court lacks pecuniary or territorial jurisdiction.

o    Limitation: Argue that the suit is barred by the law of limitation.

o    Res Judicata/Estoppel: If the matter has been previously decided by a competent court or the plaintiff is estopped from raising the claim.

o    Proper Forum: If the suit should have been filed before a different forum (e.g., Debt Recovery Tribunal for banks, Arbitration for cases with arbitration clauses).

o    Deficiency in Court Fees: If the plaintiff has not paid proper court fees.

o    Lack of Necessary Parties: If some essential parties to the dispute are not joined in the suit.

5.  Reply to Each Paragraph of the Plaint (Paragraph by Paragraph):

o    This is the core of the Written Statement. You must address each and every paragraph of the plaint.

o    Specific Denials:

§  Admit: "Paragraph 1 of the plaint is admitted."

§  Deny: "Paragraph 2 of the plaint is specifically denied. It is submitted that the allegations contained therein are false and incorrect."

§  Partially Admit/Deny: "Paragraph 3 of the plaint is admitted to the extent that [admitted part] but the remaining allegations are vehemently denied."

§  Denial of Knowledge: "The contents of Paragraph 4 of the plaint, being matters of record/knowledge of the plaintiff, are neither admitted nor denied for want of specific knowledge, and the plaintiff is put to strict proof thereof." (Use this cautiously, only when genuinely lacking knowledge).

§  Evasive Denials are Forbidden: Do not make vague denials. For example, simply saying "the plaintiff's claim is false" is an evasive denial. You must state why it is false and provide alternative facts.

6.  Additional Facts/Defence on Merits:

o    After addressing each paragraph of the plaint, introduce your own version of facts and specific defences. This is where you lay out your positive case.

o    Example Defences in Money Recovery Suits:

§  Payment: "The defendant has already repaid the said amount on [date] vide [mode of payment, e.g., bank transfer, cheque no., receipt]."

§  No Loan/Contract: "No such loan was ever advanced by the plaintiff to the defendant, nor was any agreement entered into."

§  Discharge of Debt: "The debt has been discharged by way of adjustment/set-off against services rendered by the defendant to the plaintiff."

§  Fraud/Misrepresentation: "The agreement was obtained by fraud/misrepresentation by the plaintiff, and is therefore voidable/void."

§  Coercion/Undue Influence: "The defendant was coerced/unduly influenced into signing the document."

§  Failure of Consideration: "The plaintiff failed to provide the promised consideration for which the payment was allegedly due."

§  Non-receipt of Goods/Defective Goods: "The goods for which payment is claimed were never delivered/were defective and returned."

§  Forgery: "The signature on the promissory note/agreement is not that of the defendant."

§  Alteration of Document: "The document relied upon by the plaintiff has been materially altered after execution."

§  Lack of Authority: "The person who entered into the agreement on behalf of the defendant lacked the authority to do so."

§  Set-off/Counter-Claim: Clearly state the amount owed by the plaintiff to the defendant and the basis for it. (Requires separate heading and specific details).

7.  Prayer Clause:

o    Request the court to dismiss the plaintiff's suit.

o    Pray for costs of the suit to be awarded to the defendant.

o    If a counter-claim is made, specifically pray for a decree in favour of the defendant for the counter-claimed amount.

o    Add a general prayer for "any other relief that this Hon'ble Court deems fit and proper in the circumstances of the case."

8.  Verification:

o    The defendant must verify the Written Statement, similar to the plaint, confirming the truthfulness of the contents.

o    VERIFICATION:I, [Defendant's Name], the above-named Defendant, do hereby verify on this [Day] day of [Month], [Year] at [Place], that the contents of paragraphs 1 to [last paragraph number] of the above Written Statement are true and correct to my knowledge and belief, and no part of it is false and nothing material has been concealed therefrom.[Defendant's Signature]

9.  List of Documents:

o    Provide a list of all documents being filed along with the Written Statement in support of the defence (e.g., bank statements, receipts, correspondence, invoices, etc.).

IV. Key Legal Provisions and Principles (CPC):

·         Order VIII, Rule 1 (Time Limit): As discussed, 30 days, extendable to 90.

·         Order VIII, Rule 2 (New Facts must be pleaded): The defendant must raise all points which show the suit not to be maintainable, or that the transaction is void or voidable, or all grounds of defence as if not raised, would be likely to take the opposite party by surprise.

·         Order VIII, Rule 3 (Specific Denial): Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading, shall be taken to be admitted.

·         Order VIII, Rule 4 (Evasive Denial): Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance.

·         Order VIII, Rule 6 (Set-Off): Where the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court.

·         Order VIII, Rule 6A to 6G (Counter-Claim): Deals with the procedure for filing a counter-claim. A counter-claim has the same effect as a cross-suit.

·         Order VI (Pleadings Generally): Governs the general rules for pleadings, including:

o    Rule 2: Every pleading shall contain only a statement of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

o    Rule 3: Forms of pleadings.

o    Rule 4: Particulars to be given where necessary (e.g., in cases of misrepresentation, fraud, breach of trust, undue influence).

o    Rule 7: Departure from previous pleadings forbidden.

Rule 15: Verification of pleadings

 

 

DRAFTING A SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT IN TELANGANA: LEGAL GUIDANCE AND KEY CONSIDERATIONS

A suit for specific performance is filed to compel a party to a contract to perform their part of the agreement exactly as stipulated, rather than merely paying damages for the breach. It is an equitable remedy, meaning it is granted at the discretion of the court, not as a matter of right.

I. Governing Laws:

1.  Specific Relief Act, 1963 (SRA): This is the primary statute.

o    Section 10: Contracts which can be specifically enforced.

o    Section 14: Contracts which cannot be specifically enforced.

o    Section 16: Personal bars to relief (crucially, readiness and willingness).

o    Section 20: Discretion as to specific performance (and recent 2018 amendment impacts).

o    Section 21: Power to award compensation in addition to or in substitution of specific performance.

o    Section 22: Power to grant relief for possession, partition, refund of earnest money, etc.

o    Section 25: Effect of decree for specific performance.

o    Section 26: Rectification of instruments.

2.  Indian Contract Act, 1872:

o    Governs the formation, validity, and breach of contracts (offer, acceptance, consideration, free consent, legality of object, etc.).

3.  Code of Civil Procedure, 1908 (CPC): Governs the procedural aspects.

o    Order VII: Plaint.

o    Order VIII: Written Statement.

o    Order XXXIX: Temporary injunctions (often filed simultaneously).

4.  Indian Limitation Act, 1963:

o    Article 54: Prescribes the limitation period for specific performance (3 years).

5.  Indian Stamp Act, 1899 / Telangana Stamp Act (if applicable, relevant state amendments):

o    Ensures the contract document is properly stamped.

6.  Registration Act, 1908:

o    While an agreement to sell immovable property does not require registration, it's often prudent to register it to give public notice and for stronger evidentiary value.

II. Key Legal Principles for Specific Performance:

1.  Discretionary Remedy (Pre-2018 Amendment): Prior to the 2018 amendment to the SRA, specific performance was purely discretionary.

2.  Shift to Enforceability (Post-2018 Amendment - Section 10):

o    The 2018 amendment to Section 10 SRA made specific performance generally enforceable by the court, subject to Sections 11(2), 14, and 16. The word "shall" replaced "may."

o    This implies a stronger presumption that specific performance will be granted unless one of the bars under Section 11(2), 14, or 16 applies.

3.  Inadequacy of Damages (Traditional View - now part of S. 10 presumption):

o    Specific performance is granted when monetary compensation (damages) would not adequately compensate for the breach.

o    For immovable property: There's a statutory presumption (Explanation to Section 10 SRA) that breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money. This makes specific performance of land contracts almost a rule rather than an exception, subject to other bars.

o    For movable property: Damages are generally considered adequate, unless the goods are unique, of special value, not readily available in the market, or compensation cannot be ascertained.

4.  Plaintiff's Readiness and Willingness (Section 16(c) SRA):

o    This is the most crucial and mandatory averment and proof for the plaintiff. The plaintiff must aver and prove that they have always been, and continue to be, ready and willing to perform their part of the contract.

o    "Readiness": Financial capacity to perform the monetary part of the contract (e.g., ability to pay the balance sale consideration). Proof often involves bank statements, loan sanction letters, or other evidence of funds.

o    "Willingness": Mental attitude and intention to perform all non-monetary obligations (e.g., execute necessary documents, take possession). This is demonstrated by actions, correspondence, legal notices, etc.

o    The readiness and willingness must be continuous from the date of the contract till the passing of the decree.

5.  Contracts Not Specifically Enforceable (Section 14 SRA):

o    Where monetary compensation is adequate.

o    Contracts requiring continuous supervision by the court.

o    Contracts dependent on personal qualifications (e.g., contract to sing, paint).

o    Contracts which are determinable in nature (e.g., partnership at will).

o    Contracts involving performance of a continuous duty that the court cannot supervise.

6.  Fairness and Equity: Despite the 2018 amendment, specific performance remains an equitable remedy. The court retains discretion to refuse it if granting it would cause undue hardship to the defendant, or if the plaintiff's conduct has been inequitable (e.g., undue delay, taking unfair advantage). (However, the scope of discretion under Section 20 has been narrowed by the 2018 amendment, primarily applicable now to infrastructure project contracts or where substituted performance is available).

7.  Limitation (Article 54, Limitation Act): 3 years from the date fixed for performance, or if no date is fixed, when the plaintiff has notice that performance is refused. Careful calculation is essential.

III. Points to Keep in Mind for Drafting the Plaint (Telangana Context):

1.  Cause Title:

o    Court Name: E.g., "In the Court of the Senior Civil Judge at [Place], Telangana" (Jurisdiction will depend on the value of the contract and location of property).

o    Suit Number: Leave blank.

o    Parties: Plaintiff and Defendant(s) with full names, parentage, age, occupation, and address.

2.  Introduction:

o    State that the suit is filed for specific performance of the agreement of sale (or other contract) and for a permanent injunction.

3.  Detailed Factual Narrative (Chronological):

o    Ownership of Suit Property (for immovable property): Clearly aver that the defendant is the absolute owner of the property agreed to be sold. Provide detailed description (Survey No., Boundaries, Extent, etc. – MUST BE ACCURATE AND DETAILED).

o    Execution of Contract:

§  "That on or about [Date of Agreement], the Defendant herein, being the absolute owner of the suit schedule property, entered into a registered/unregistered Agreement of Sale with the Plaintiff, agreeing to sell the said property to the Plaintiff for a total sale consideration of Rs. [Amount in words and figures]."

§  "The said Agreement of Sale was reduced into writing on [Date] and duly executed by both parties in the presence of witnesses." (Annex a copy as Exhibit P1). If registered, mention registration details.

o    Payment of Advance/Earnest Money:

§  "That on the date of execution of the Agreement of Sale, the Plaintiff paid an advance sale consideration/earnest money of Rs. [Amount] to the Defendant, which the Defendant duly acknowledged." Mention mode of payment (cash, cheque, online transfer).

o    Terms of Agreement:

§  Clearly and precisely enumerate the material terms of the contract (e.g., total consideration, advance paid, balance amount, date by which sale deed was to be executed, obligation to hand over vacant possession, clear title, payment of encumbrances).

§  "The balance sale consideration of Rs. [Amount] was to be paid by the Plaintiff on or before [Date for performance/stipulated time], upon which the Defendant was to execute and register a regular Sale Deed in favour of the Plaintiff after obtaining necessary permissions/clearances."

o    Plaintiff's Readiness and Willingness (Crucial Averment - Section 16(c) SRA):

§  "The Plaintiff states that he has always been ready and willing, and is still ready and willing, to perform his part of the contract by paying the balance sale consideration and taking the Sale Deed executed and registered in his favour, well within the stipulated time."

§  Elaborate on readiness: "The Plaintiff has sufficient funds available with him/in his bank account (Account No. ______, Bank ______) and/or has made necessary arrangements for the balance consideration and is ready to deposit the same in court or pay to the defendant as per directions of this Hon'ble Court." (Specifics add credibility).

§  Elaborate on willingness: "The Plaintiff approached the Defendant on several occasions/sent various communications (give dates) and was always ready to pay the balance and complete the transaction."

o    Defendant's Failure/Breach:

§  "That despite repeated requests and demands by the Plaintiff, and despite the Plaintiff being ready and willing to perform his part of the contract, the Defendant has failed and neglected to execute and register the Sale Deed in favour of the Plaintiff as per the terms of the Agreement of Sale."

§  "On [Date], the Plaintiff sent a Legal Notice to the Defendant calling upon him to execute the Sale Deed, but the Defendant failed to comply with the same, and instead, on [Date of Defendant's refusal/repudiation, if any], the Defendant specifically refused to perform his part of the contract, asserting [state defendant's false reasons, if any]." (Annex legal notice and postal acknowledgment).

§  Mention any attempts by defendant to alienate the property, if known.

o    Cause of Action: "The cause of action for the suit arose on [Date of Agreement], and subsequently on [Date for performance or date of last communication/refusal] when the Defendant neglected/refused to execute the Sale Deed despite the Plaintiff's readiness and willingness, and further on [Date of expiry of limitation period, if any, or notice period], and finally on [Date of filing suit] when this suit is being filed, within the jurisdiction of this Hon'ble Court."

o    Limitation: Acknowledge that the suit is filed within the 3-year limitation period from the date fixed for performance, or from when the plaintiff had notice of refusal (Article 54, Limitation Act). If there's an apparent delay, specifically plead grounds for exclusion of time if any.

Jurisdiction:

o    Territorial Jurisdiction:

"The suit schedule property is situated within the territorial limits of this Hon'ble Court, and a part of the cause of action also arose within its jurisdiction (e.g., agreement executed, advance paid)." (Section 16 & 20 CPC)

o    Pecuniary Jurisdiction:

§  Telangana Court Fees and Suits Valuation Act, 1956: For specific performance, court fee is generally on the amount of the consideration for the contract (refer to the relevant section, e.g., Section 29 of the Act for exact wording and any latest amendments).

§  The value of the suit for jurisdiction must align with the court's pecuniary limits as per the Telangana Civil Courts Act, 1972.

Valuation for Court Fee and Jurisdiction:

o    "The suit is valued for the purpose of court fee and jurisdiction at Rs. [Total Sale Consideration Amount] and a court fee of Rs. [Calculated Amount] is paid thereon as per Section [relevant section, e.g., 29] of the Telangana Court Fees and Suits Valuation Act, 1956."

4.  Reliefs Claimed:

o    Primary Relief:

§  "a) To pass a decree for specific performance of the Agreement of Sale dated [Date] directing the Defendant to execute and register a regular Sale Deed in favour of the Plaintiff in respect of the suit schedule property, by receiving the balance sale consideration of Rs. [Amount]."

o    Consequential Relief (often sought):

§  "b) In the event of the Defendant failing to execute the Sale Deed, to direct this Hon'ble Court to execute the Sale Deed in favour of the Plaintiff."

§  "c) To direct the Defendant to deliver vacant physical possession of the suit schedule property to the Plaintiff." (Crucial if possession is not with the plaintiff and was part of the contract).

o    Alternative Relief (Section 21 SRA):(Under Act 18/2018, this relief is in addition to main relief. See Sec 21(1))

§  "d) In the alternative, and if for any reason this Hon'ble Court comes to a conclusion that specific performance cannot be granted, to direct the Defendant to refund the advance sale consideration of Rs. [Amount] with interest thereon at the rate of [Rate]% per annum from the date of advance payment till the date of realization, along with damages to the tune of Rs. [Amount] for the breach of contract." (This is crucial, as the court may deny specific performance but grant damages or refund of money).

o    Other common reliefs:

§  "e) For costs of the suit."

§  "f) For such other further relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5.  Verification:

o    As per Order VI Rule 15 CPC, the plaint must be verified by the plaintiff, stating which paragraphs are true to personal knowledge and which are believed to be true based on information/legal advice.

6.  Signature:

o    Plaintiff and Advocate.

7.  Schedule of Property:

o    Crucial and separate from the body of the plaint. Provide a detailed and accurate description of the immovable property: Survey No., Village, Mandal, District, Extent, Boundaries, etc. – MUST BE EXACT AS PER AGREEMENT AND REVENUE RECORDS.

IV. Practical Guidance and Common Pitfalls:

1.  Document Scrutiny: Thoroughly examine the original agreement of sale. Check for any ambiguities, missing terms, or conditions precedent.

2.  Readiness and Willingness Proof: This is the make-or-break element. Ensure the client has concrete evidence of financial capacity (bank statements, fixed deposits, loan sanction letters) and actions demonstrating willingness (correspondence, notices, attempts to tender money).

3.  Registration of Agreement: While not mandatory under Section 17 of the Registration Act for an agreement to sell, unregistered agreements may face scrutiny if the authenticity is questioned. Consider getting the agreement registered if possible, or advise clients on its evidentiary value.

4.  Limitation Period: Calculate carefully. Article 54 is strict. If the defendant has clearly refused performance, the 3-year period starts from that date, not from the fixed date of performance.

5.  Interim Injunction: Almost always file an IA under Order XXXIX Rules 1 & 2 CPC for a temporary injunction restraining the defendant from alienating or encumbering the property. This prevents the suit from becoming infructuous.

6.  Pleading Alternative Relief: Always plead for refund of earnest money and/or damages in the alternative (Section 21 SRA), as the court has discretion to deny specific performance.

7.  Mesne Profits/Possession: If the plaintiff is not in possession and the contract provided for delivery of possession, specifically pray for possession as a consequential relief (Section 22 SRA). If the defendant is wrongly enjoying profits, also consider mesne profits.

8.  Parties: Ensure all necessary parties (e.g., all co-owners of the property if the defendant is not the sole owner) are impleaded.

9.  Court Fee and Valuation: Double-check the calculation as per the Telangana Court Fees and Suits Valuation Act, 1956, to avoid issues with return/rejection of plaint.

10.              Evidence: Prepare the client for what evidence will be needed to prove the contract, payment, and readiness/willingness.

Drafting a suit for specific performance requires meticulous attention to contractual terms, a strong grasp of the Specific Relief Act, and careful planning of evidence, particularly concerning the plaintiff's readiness and willingness.

DEFENCES IN A SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT FOR IMMOVABLE PROPERTY

Here are common defences that can be raised in a suit for specific performance:

1.  Denial of Valid Contract / Absence of Essentials of a Contract:

o    No agreement: There was no consensus ad idem (meeting of minds) on essential terms.

o    Uncertainty of terms: The terms of the contract are vague, uncertain, or incomplete, making it incapable of specific enforcement (e.g., property not clearly identified, price not fixed).

o    Absence of consideration: The contract was not supported by lawful consideration.

o    Incompetence of parties: One or both parties were not competent to contract (e.g., minor, unsound mind).

o    Fraud, misrepresentation, undue influence, coercion: The contract was obtained through such vitiating factors, rendering it voidable.

o    Mistake: A fundamental mistake of fact by both parties that vitiates the contract.

o    No concluded contract: The negotiations did not culminate in a final, binding agreement (e.g., it was only an agreement to agree).

o    Oral agreement not enforceable: If the law requires a written agreement or registration for the type of contract (though oral agreements for sale of immovable property are generally enforceable if proven, but difficult).

2.  Contract Void / Voidable / Illegal:

o    Illegal purpose: The object or consideration of the contract is unlawful.

o    Against public policy: The contract is against public policy.

o    Impossible of performance: The performance of the contract is inherently impossible or has become impossible due to unforeseen circumstances (frustration of contract).

3.  Plaintiff's Default / Non-performance / Unreadiness & Unwillingness:

o    Plaintiff not ready and willing: This is a crucial defence. The plaintiff must not only plead but also prove that they have always been ready and willing to perform their part of the contract from the date of the contract till the date of the decree. This includes demonstrating financial capacity to pay the balance consideration.

o    Breach by plaintiff: The plaintiff themselves committed a breach of the contract, disentitling them to specific performance.

o    Failure to perform reciprocal promises: The plaintiff failed to perform their reciprocal promises under the contract.

o    Non-compliance with time being essence: If time was of the essence of the contract and the plaintiff failed to perform within the stipulated time.

4.  Discretionary Nature of Specific Performance (Section 20 of Specific Relief Act):

o    Hardship to defendant: Granting specific performance would cause undue hardship to the defendant, which outweighs any advantage to the plaintiff.

o    Unfair advantage: The contract gives the plaintiff an unfair advantage over the defendant.

o    Inequitable terms: The terms of the contract are such that specific performance would be inequitable.

o    Plaintiff's conduct: The plaintiff has acted in a manner that disentitles them to equitable relief (e.g., "clean hands" doctrine - suppression of facts, fraudulent conduct).

o    Adequacy of compensation: Damages would be an adequate remedy for the breach of contract, making specific performance unnecessary.

o    Continuous supervision: The contract involves the performance of a continuous duty which the court cannot supervise.

o    Personal volition: The contract involves the performance of a personal skill or volition which cannot be enforced.

o    Contract obtained by fraud/coercion etc.: Even if not voidable, if the contract was obtained by unfair means, specific performance may be refused.

5.  Maintainability of Suit:

o    Suit barred by limitation: A suit for specific performance must generally be filed within 3 years from the date fixed for performance, or if no date is fixed, when the plaintiff has notice that performance is refused. (Article 54 of the Limitation Act, 1963).

o    Non-joinder or misjoinder of parties: If necessary parties (e.g., co-owners, subsequent purchasers with notice, prior agreement holders) have not been included.

o    Valuation and court fees: Challenging the valuation of the suit and the court fees paid.

o    Res Judicata/Constructive Res Judicata: If the issues have already been decided in a previous suit.

6.  Subsequent Event / Third Party Rights:

o    Sale to bona fide purchaser for value without notice: If the defendant has already sold the property to a third party who purchased it in good faith, for consideration, and without notice of the prior agreement with the plaintiff, specific performance may not be granted against such third party (Section 19(b) of Specific Relief Act).

GUIDANCE FOR DRAFTING WRITTEN STATEMENT IN A SUIT FOR SPECIFIC PERFORMANCE

I. Title and Heading:

• In the Court of: [Name of the Court, e.g., Civil Judge (Senior Division), District Court]
• Suit No.: [Suit Number] of [Year]
• Plaintiff(s): [Name(s) of Plaintiff(s)]
• Versus
• Defendant(s): [Name(s) of Defendant(s)]
• Written Statement on behalf of Defendant No. [Number]

II. Preliminary Objections (Maintainability Issues):

Begin with legal objections that could lead to the dismissal of the suit even before merits are fully considered.

• "That the present suit is barred by limitation as per Article 54 of the Limitation Act, 1963, having been filed beyond three years from the date fixed for performance/date of refusal."
• "That the alleged agreement for sale dated [Date] is vague, uncertain, and incomplete in its material terms, and therefore, incapable of specific performance."
• "That the plaintiff has failed to plead and prove their continuous readiness and willingness to perform their part of the contract, a mandatory requirement under Section 16(c) of the Specific Relief Act, 1963."
• "That the suit is not maintainable for non-joinder of necessary parties, namely [Name(s) of party/parties], who are co-owners/subsequent purchasers of the suit property."
• "That granting specific performance would cause undue hardship to the defendant, which far outweighs any advantage to the plaintiff, and therefore, specific performance should be refused under Section 20 of the Specific Relief Act, 1963."
• "That the plaintiff has suppressed material facts/come to the Court with unclean hands, disentitling them to the equitable relief of specific performance."
• "That the alleged agreement for sale is void/voidable as it was obtained by fraud/misrepresentation/undue influence/coercion (provide brief details)."
• "That the plaintiff has an equally efficacious remedy of claiming damages, which would adequately compensate them for any alleged breach, hence specific performance is unwarranted."

III. Reply on Merits (Para-wise Reply to Plaint):

Address each paragraph of the plaintiff's plaint systematically.

• Para 1 (of Plaint): "The contents of para 1 of the plaint are denied. It is specifically denied that any valid and enforceable agreement for sale was ever executed between the plaintiff and the defendant on [Date] or any other date." (Or, if an agreement exists, but is disputed on other grounds: "The contents of para 1 of the plaint are admitted to the extent that a document titled 'Agreement to Sell' was signed on [Date], but its terms were incomplete/it was subject to further conditions/it was obtained under coercion, and therefore does not constitute a valid and enforceable contract for specific performance.")
• Para 2 (of Plaint): "The contents of para 2 of the plaint are denied. It is specifically denied that the plaintiff paid the alleged advance amount of Rs. [Amount]. Alternatively, if any amount was paid, it was merely an advance towards a preliminary understanding, which never ripened into a concluded contract, or it has been duly returned/adjusted."
• Specific Denials:
• Existence of Contract: Deny the existence of a valid, binding, and enforceable contract.
• Terms of Contract: Dispute the terms of the contract as alleged by the plaintiff, or assert that certain essential terms were missing or uncertain.
• Plaintiff's Performance: Deny that the plaintiff performed their part of the contract or was ready and willing to do so. Provide specific instances (e.g., "The plaintiff failed to arrange the balance consideration by the stipulated date despite repeated reminders," or "The plaintiff never deposited the balance consideration into their account or showed proof of funds.").
• Defendant's Breach: Deny any breach on your part. Assert that the plaintiff was the one in breach or that the contract was repudiated by mutual consent.
• Date of Performance: If a date was fixed, state whether it was adhered to. If time was of the essence, plead it.
• Notice: Deny receiving any valid legal notice for performance from the plaintiff.
• Cause of Action: Deny that any cause of action arose in favour of the plaintiff.
• Affirmative Defences: This is where you introduce your positive case and specific defences.
• Defendant's Version of Facts: Present your chronological account of events regarding the alleged contract, clarifying any misunderstandings or incomplete negotiations.
• Plaintiff's Lack of Readiness & Willingness:
• "The plaintiff never demonstrated their financial capacity to pay the balance consideration of Rs. [Amount]. Despite numerous opportunities, they failed to provide bank statements, loan sanction letters, or any other credible proof of funds."
• "The plaintiff sought repeated extensions for performance without any valid reason, indicating their lack of genuine readiness and willingness."
• Contractual Conditions Not Met: "The agreement was subject to the plaintiff obtaining necessary governmental approvals/clearances, which they failed to procure within the stipulated time."
• Subsequent Development: "After the expiry of the agreed period, and due to the plaintiff's failure to perform, the defendant was compelled to enter into another agreement/sell the property to a bona fide third party for valuable consideration without any notice of the plaintiff's alleged claim." (Provide details of the subsequent sale/agreement and assert that the third party is a bona fide purchaser).
• Hardship: "Granting specific performance would result in the defendant losing their only residential property/business premise, causing immense and irreparable hardship, whereas the plaintiff can be adequately compensated by damages." (Quantify the damages if you are willing to pay).
• Cancellation of Agreement: "Due to the plaintiff's persistent default and lack of readiness and willingness, the defendant lawfully cancelled/rescinded the agreement for sale vide notice dated [Date]."

IV. Specific Averments / New Facts:

Include any other relevant facts not covered in the para-wise reply.

• "It is submitted that the market value of the suit property has substantially increased since the date of the alleged agreement, and compelling the defendant to sell at the old price would be inequitable."
• "The plaintiff has deliberately delayed the proceedings to gain an unfair advantage."

V. Prayer:

Conclude by clearly stating the relief you seek from the court.

• "In view of the aforesaid submissions, it is most respectfully prayed that this Hon'ble Court may be pleased to:"
• "Dismiss the present suit filed by the plaintiff with exemplary costs."
• "Alternatively, if the Court finds that any amount is due to the plaintiff, direct the plaintiff to seek damages as an adequate remedy instead of specific performance."
• "Pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

VI. Verification:

• "I, [Name of Defendant], the above-named defendant, do hereby solemnly affirm and state that the contents of paragraphs [mention paragraph numbers] of the Written Statement are true and correct to my knowledge, and the contents of paragraphs [mention paragraph numbers] are true and correct based on legal advice, and nothing material has been concealed therefrom."
• Place: [City]
• Date: [Date]
• Signature of Defendant

VII. Advocate's Certificate (if required by court rules):

• "Certified that the contents of this written statement are true and correct to the best of my knowledge and belief."
• Signature of Advocate

Key Considerations for Drafting:

• Evidence: While drafting, keep in mind the evidence you have to support your claims (e.g., bank statements, financial documents, correspondence, notices, receipts, documents related to subsequent sales).
• Consistency: Maintain consistency throughout your statement. Don't make conflicting claims.
• Specificity: Avoid general denials. Respond specifically to each allegation.
• Burden of Proof: Remember that the plaintiff bears the initial burden to prove the existence of a valid and enforceable contract and their readiness and willingness. Your job is to create doubt or provide strong counter-evidence.
• Equitable Principles: Specific performance is an equitable remedy. Emphasize any equitable arguments that favour you (e.g., hardship, clean hands of the plaintiff).
• Counter-claim: If you incurred losses due to the plaintiff's default, consider filing a counter-claim for damages or forfeiture of earnest money if the contract allows.
• Legal Expertise: Given the complexities of contract law and the discretionary nature of specific performance, it is highly advisable to consult with and instruct an experienced lawyer to draft your written statement. They can identify the strongest legal and factual defences relevant to your specific case.

 

DRAFTING A SUIT FOR PARTITION IN TELANGANA: LEGAL GUIDANCE AND KEY CONSIDERATIONS

A suit for partition aims to break the joint ownership of property among coparceners/co-owners and to allot specific shares to each of them. It's a complex process involving various legal aspects, especially under Hindu Law.

I. Governing Laws:

1.  Code of Civil Procedure, 1908 (CPC): Governs the procedure for filing, conducting, and adjudicating the suit.

o    Order I: Parties to a suit (especially for arraying all co-sharers).

o    Order VII: Plaint.

o    Order VIII: Written Statement.

o    Order XX Rule 18: Preliminary and Final Decrees in partition suits.

o    Order XXVI: Commissions for local investigation and actual partition.

2.  Hindu Succession Act, 1956 (with 2005 Amendment):

o    Crucial for determining shares, especially for daughters' rights in coparcenary property.

o    Defines who is a coparcener and who is entitled to a share on partition.

3.  Transfer of Property Act, 1882: Relevant for understanding the nature of joint property, transfers of undivided shares (Section 44 TPA), and generally for property law principles.

4.  Telangana Court Fees and Suits Valuation Act, 1956: Essential for proper valuation of the suit and payment of court fees. Section 34 specifically deals with partition suits.

5.  Telangana Civil Courts Act, 1972: Determines the pecuniary and territorial jurisdiction of the courts in Telangana.

6.  Law of Limitation Act, 1963: Generally, 12 years (Article 65) (consider applicability of 110) for possession based on title, but for partition of joint family property where possession is joint, no limitation period strictly applies unless there's explicit ouster or adverse possession. However, if the plaintiff has been excluded from possession, it's 12 years.

II. Key Legal Principles for Partition:

1.  Preliminary and Final Decrees:

o    A partition suit typically involves two decrees:

§  Preliminary Decree: Determines the shares of each co-owner in the joint property. It declares the rights but does not divide the property by metes and bounds.

§  Final Decree: Follows the preliminary decree. It actually divides the property physically by appointing a Commissioner (under Order XXVI CPC) and sets out specific portions for each co-owner. The suit remains pending until the final decree is passed.

o    Suo Motu Proceeding: The Supreme Court has clarified that after a preliminary decree, the court should proceed suomotu (on its own motion) for drawing up the final decree, and a separate application for a final decree is not strictly necessary, though usually filed for convenience.

2.  Who Can Seek Partition?

o    Any co-owner or co-parcener (under Hindu law) having a share in the joint property. This includes:

§  Sons, daughters (after 2005 amendment), grandsons, great-grandsons in coparcenary property.

§  Co-owners of self-acquired property held jointly.

§  Minors (through their guardian/next friend, with court permission).

§  A purchaser of an undivided share in joint property (though their right to possession of a specific part arises only after partition).

3.  Properties Liable for Partition:

o    Joint family property/Coparcenary property: Property inherited from male lineal ancestors, or property thrown into common hotchpot.

o    Ancestral property: Property inherited from a male ancestor up to four generations.

o    Self-acquired property: Can be subject to partition if held jointly (e.g., purchased jointly by siblings).

o    Exclude: Self-acquired property of an individual if it's not converted into joint family property, or separate property.

 

4.  Inclusion of All Properties & Parties:

o    All Joint Properties: Generally, all joint properties available for partition should be included in one suit to avoid multiplicity of litigation and piecemeal partition.

o    All Co-sharers/Parties: All persons having a share or interest in the property must be made parties (necessary parties). Non-joinder of a necessary party can lead to dismissal of the suit. This includes all male and female sharers.

5.  Mesne Profits:

o    In a partition suit, a plaintiff may also claim mesne profits (profits derived from wrongful possession of property) if they were excluded from possession and enjoyment of the property. This claim usually requires a separate inquiry.

III. Points to Keep in Mind for Drafting the Plaint (Telangana Context):

1.  Cause Title:

o    Court Name: E.g., "In the Court of the Senior Civil Judge at [Place], Telangana."

o    Suit Number: Leave blank for the office.

o    Parties: Clearly identify Plaintiff(s) and Defendant(s) with full names, parentage, age, occupation, and address. Ensure all co-sharers are arrayed, either as plaintiffs or defendants.

 

2.  Introduction:

o    State that the suit is filed for partition and separate possession of the plaintiff's share in the suit schedule property.

3.  Detailed Factual Narrative (Chronological):

o    Family Tree: Provide a clear and accurate family tree showing relationships between all parties, tracing common ancestors. This is fundamental.

o    Genealogy: Explain how the parties are related and their shares are derived (e.g., "Late Sri [Grandfather's Name] had two sons, A and B. A died leaving behind his wife C, and children D and E. B is still alive...").

o    Nature of Property: Clearly state whether the property is ancestral, coparcenary, or self-acquired property that was later treated as joint family property. Provide details of how the property was acquired (e.g., "inherited from great-grandfather," "purchased by common ancestor").

o    Description of Property:Most Crucial. Provide an accurate and exhaustive description of all properties sought to be partitioned. This includes:

§  Survey Number(s)/Plot No(s).

§  Village/Town, Mandal, District.

§  Extent (Acres/Guntas, or Sq. Yards).

§  Clear Four Boundaries (East, West, North, South).

§  Nature of structure (if any, e.g., residential house, commercial building).

§  Any other distinguishing features.

§  If properties are not described accurately, it can lead to rejection or delay.

o    Joint Possession/Exclusion: Clearly state whether the plaintiff is in joint possession or has been excluded from possession. This impacts court fee and limitation.

§  If in joint possession, state so.

§  If excluded, provide details of when and how the exclusion occurred, and by whom.

o    Attempts for Amicable Partition: Aver that efforts were made to divide the property amicably but failed, necessitating the suit. Reference any legal notice sent prior.

o    Defendant's Refusal/Denial: State that the defendants are refusing to partition or are trying to alienate the property.

o    Cause of Action: When did the right to sue for partition accrue? In ancestral/coparcenary property, the right to seek partition is a continuous one, but the immediate cause of action arises when a demand for partition is made and refused.

4.  Jurisdiction:

o    Territorial Jurisdiction: State that the property (or a portion thereof, under Section 17 CPC for multiple properties) is situated within the territorial limits of the court.

o    Pecuniary Jurisdiction: Value the suit property correctly as per the Telangana Court Fees and Suits Valuation Act, 1956.

§  Section 34(1): If the plaintiff has been excluded from possession of the joint property, fee is computed on the market value of the movable property or three-fourths of the market value of the immovable property for the plaintiff's share.

§  Section 34(2): If the plaintiff is in joint possession of the property, a fixed court fee is payable (e.g., Rs. 50-200 depending on the court and value – refer to the latest Schedule to the Act for exact figures).

§  Crucial: Correct valuation is vital. Incorrect valuation can lead to rejection of plaint or transfer to another court.

§  Ensure the valuation is within the pecuniary limits of the chosen court as per the Telangana Civil Courts Act, 1972 (e.g., Junior Civil Judge up to Rs. 3 lakhs, Senior Civil Judge Rs. 3 lakhs to Rs. 15 lakhs/Rs. 20 lakhs, District Judge above Rs. 15 lakhs/Rs. 20 lakhs – always check the latest amendments to the Act for current pecuniary limits).

5.  Reliefs Sought:

o    Primary Relief (Mandatory):

§  "To pass a preliminary decree of partition declaring the shares of the Plaintiff and Defendants in the suit schedule property as follows: Plaintiff [X] share, Defendant No.1 [Y] share, etc." (Specify exact fractions).

§  "To appoint a Commissioner to divide the suit schedule property by metes and bounds and allot separate possession of the Plaintiff's share."

o    Consequential Reliefs (Optional but advisable):

§  "To pass a final decree of partition."

§  "For rendition of accounts of profits from the joint property from [date] till actual partition, and to direct the defendants to pay the plaintiff's share of such profits (mesne profits)."

§  "For costs of the suit."

§  "For any other relief that the Hon'ble Court deems fit."

o    Interim Relief (often sought via IA):

§  An application for temporary injunction (Order XXXIX Rules 1 & 2 CPC) restraining defendants from alienating, encumbering, or changing the nature of the suit property during the pendency of the suit. This is crucial to prevent the suit from becoming infructuous.

6.  Verification:

o    As per Order VI Rule 15 CPC, the plaint must be verified by the plaintiff, stating which paragraphs are true to personal knowledge and which are believed to be true based on information/legal advice.

7.  Signature:

o    Plaintiff and Advocate.

8.  Schedule of Property:

o    Crucial and separate from the body of the plaint. Provide a detailed and accurate description of each property. This schedule is typically annexed to the plaint.

IV. Practical Guidance and Common Pitfalls:

1.  Thorough Fact-Finding: Before drafting, gather all relevant documents (title deeds, sale deeds, revenue records, patta, death certificates, previous partition deeds if any, family settlement documents). Interview the client meticulously to understand the family history and property acquisition.

2.  Hindu Succession Act, 2005 Amendment: Be acutely aware of the equal rights given to daughters in coparcenary property retrospectively from 2005. This fundamentally changed shares.

3.  Valuation & Court Fees: This is often a major point of contention and can lead to return/rejection of plaint. Get it right. Consult the latest amendments to the Telangana Court Fees Act.

4.  Necessary Parties: Missing even one co-sharer or a party whose rights would be affected can be fatal to the suit. Rule: When in doubt, join them as a party.

5.  Lis Pendens: Advise the client about the doctrine of Lis Pendens (Section 52 TPA), meaning any transfer of the suit property during the pendency of the suit will be subject to the outcome of the partition suit.

6.  Preliminary Decree is not the End: Explain to the client that the suit continues even after a preliminary decree until a final decree is passed. The final decree stage can sometimes be more time-consuming due to commissioner's report, objections, etc.

7.  Specific Relief for Mesne Profits: If mesne profits are claimed, prepare for an additional inquiry, which can be complex.

8.  Alternative Reliefs: Consider if any alternative reliefs (e.g., declaration of title if partition is complex) might be necessary.

9.  Documents to be filed: Ensure all relevant documents supporting the plaint are filed along with it (list of documents, original/certified copies where required).

Drafting a partition suit requires a deep understanding of family law, property law, and civil procedure. Diligence in fact-gathering and precision in drafting are paramount to ensure a smooth and effective legal process.

 

DEFENSES IN A PARTITION SUIT

In a partition suit, the plaintiff (the person filing the case) claims a share in the joint property. As a defendant, your Written Statement (WS) must dismantle their claim using specific legal grounds.

A. Substantive Defenses (The Merits)

1.  Prior Partition (The most common defense):

o    Plea: "The family status of 'Joint' has already been severed."

o    Argument: An oral or registered partition took place in the past (e.g., in 1995), and parties are already enjoying their respective shares separately. Therefore, a fresh suit for partition is not maintainable.

o    Requirement: You must provide details of the previous partition (date, manner, and witnesses).

2.  Self-Acquired Property:

o    Plea: "The property is not ancestral/joint."

o    Argument: The property was purchased by the defendant using their own independent income/resources, without the aid of joint family nucleus funds.

o    Result: Self-acquired property is generally not subject to partition during the owner's lifetime.

3.  Ouster (Specific form of Adverse Possession):

o    Plea: "The plaintiff has been ousted from the property."

o    Argument: Mere possession by one co-owner is usually possession for all. However, if you (the defendant) have explicitly denied the plaintiff's title and excluded them from the property for over 12 years (hostile possession known to the plaintiff), their right may be extinguished under Article 110 of the Limitation Act.

o    Note: This is a very high burden of proof.

4.  Will / Testamentary Succession:

o    Plea: "The owner left a Will."

o    Argument: The original owner executed a valid Will bequeathing the property specifically to the defendant, thereby overriding the natural line of succession.

5.  Suit for Partial Partition:

o    Plea: "The suit is bad for partial partition."

o    Rule: A partition suit must generally include all joint family properties. If the plaintiff has cherry-picked only some properties (e.g., leaving out properties they possess) to harass you, the suit can be challenged on this ground.

B. Technical/Procedural Defenses

1.  Limitation Bar: The suit is filed beyond the limitation period (12 years from the date the plaintiff's right was denied).

2.  Non-Joinder of Necessary Parties: The plaintiff failed to include all legal heirs (e.g., sisters, other brothers). In partition suits, all co-sharers must be parties.

3.  Incorrect Court Fee: The plaintiff is not in possession of the property but paid a fixed court fee (e.g., Rs. 200 under Section 34(2) of the Court Fees Act). If they are excluded from possession, they must pay ad valorem court fee based on the market value of their share.

 

DRAFTING THE WRITTEN STATEMENT (WS)

Structure of the WS (Telangana Format)

IN THE COURT OF THE SENIOR CIVIL JUDGE AT [LOCATION]

O.S. No. ______ of 202__

Between:

[Name of Plaintiff] ... Plaintiff

AND

[Name of Defendant] ... Defendant

2. Preliminary Objections (The Shield) Start with these before replying to the paragraphs. This challenges the maintainability of the suit itself.

• Example: "The suit is barred by Limitation."
• Example: "The suit is bad for non-joinder of necessary parties (mention who is missing)."

3. Parawise Reply (The Sword) You must address every paragraph of the Plaint.

• The Golden Rule (Order VIII Rule 3 & 5 CPC): Every allegation of fact in the plaint, if not denied specifically or by necessary implication, is taken to be admitted.
• Drafting Tip: Do not just say "Denied." Say "The allegations in Para 3 are false and specifically denied. It is untrue that [repeat fact]. The true fact is [state your version]."

4. Special Pleas State your positive case here (e.g., details of the Will, details of the prior partition, calculation of your expenses for property improvement).

V. Prayer:

Conclude by clearly stating the relief you seek from the court.

• "In view of the aforesaid submissions, it is most respectfully prayed that this Hon'ble Court may be pleased to:"
• "Dismiss the present suit filed by the plaintiff with exemplary costs."
• "Pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

VI. Verification:

• "I, [Name of Defendant], the above-named defendant, do hereby solemnly affirm and state that the contents of paragraphs [mention paragraph numbers] of the Written Statement are true and correct to my knowledge, and the contents of paragraphs [mention paragraph numbers] are true and correct based on legal advice, and nothing material has been concealed there from."
• Place: [City]
• Date: [Date]
• Signature of Defendant

 

CHAPTER XI

 SOME USEFUL CITATIONS ON NUMBERING OF SUITS

"The stage of 'Numbering the Suit' is often where an Advocate faces the first hurdle of litigation: the Office Objection. Frequently, the Court Registry raises objections touching upon the merits of the case—such as the validity of the cause of action or the bar of limitation—which are technically triable issues to be decided by the Judge, not the Scrutiny Officer. This section compiles a list of authoritative precedents and landmark judgments that define the scope of scrutiny at the filing stage. These citations serve as an essential arsenal for Advocates to argue that the Registry cannot conduct a 'Mini-Trial' at the threshold and must number the suit if the statutory requirements of the Plaint are prima facie satisfied."

Sl.No.	Case No.	Court	Gist of Judgment
1	C.R.PNo.1869 of 2022   JillellamudiJagadeesh Versus JillellamudiSubbayamma	HON'BLE AP HIGH COURT	At the stage of numbering the suit, the Court shall not conduct roving enquiry regarding the relief sought for in the Plaint.
2	C.R.PNo.1270 of 2020. Dakshina Murthy vs Smt. Gnambika on 24 December, 2020	Telangana High Court	The truth or otherwise of the allegations made in Plaint cannot be gone into at the stage of numbering of the suit.
3	C.R.P.No.1209 of 2020                         Kade Kumara SwamyVs Again Pandu	Telangana High Court	Before numbering the suit, Court cannot go into the merits of the matter without giving any opportunity to petitioner.
4	C.R.P No: 2729 of 2010 KUDUMULA KISHORE REDDY V/S KUDUMULA KRISHNA REDDY AND ORS Date of Decision: 20 July 2010 Citation: 2010 lawsuit(AP) 270	HIGH COURT OF ANDHRA PRADESH	At scrutiny stage of the case, no court can appreciate merits of case and reject plaint on the ground that case of plaintiff is not well founded or devoid of any merits unless defect goes to root of matter
5	C.R.P. Nos. 4778 and 4867 of 2008 Decided On : Sep-11-2009 Reported in : 2009(6)ALT221 V. HanyaNaik and ors.Vs. M. Krishna Reddy and ors.	AP High Court	Maintainability of Suit for declaration as legal-heir without citing any defendant i.e., against whom so-ever and without seeking any further relief.
6	C.R.PNO.904 OF 2015     20-03-2015 PujariNarsaiah  Vs Modem Sudhaker,	AP High Court	Court requiring the plaintiff to produce the originals thereof as a condition precedent for registration of the suit was erroneous in law.
7	C. R. P. 2478 Of 1993  Decided On, 13 February 1997  Linkwell Electronics Ltd., Vs. AP Electronics Development Corporation Ltd., 1997(3) ALD 336,	High Court of Andhra Pradesh	The Hon'ble High Court has observed that “as per clauses (a) to (i) of Or. VII, Rule 1 C.P.C do not contemplate that the deficit stamp duty, if any, on any document should be paid at the inception and it is also unnecessary to decide the nature of the document at this stage”. Therefore, the objection as to the admissibility of a document on the ground of deficit stamp duty can be taken only at the stage of the trial when the document is tendered in evidence
8.	C.R.P.No.632 of 2010  Decided On, 12 July 2010 BurraAnitha Vs. E. Mallavva, 2010 (6) ALT 128 ,.	High Court of Andhra Pradesh	An objection as to the admissibility of a document, at the stage of enquiry into an interlocutory application filed under Order 39 Rules 1 and 2 C.P.C., was raised, on the ground that it was improperly stamped and not registered. The trial Court took the view that the question as to admissibility of such document can be considered at the stage of hearing of the suit and it cannot be received in evidence, at the interlocutory stage. In the Revision, the Hon’ble High Court took the view that even at the interlocutory stage, an unstamped or improperly stamped document cannot be received in evidence
9	N. Jagannadham v. V. Mangamma, 1997 (2) ALD 549,	Andhra High Court	Hon’ble High Court held that “if the party instead of requiring the document to be admitted in evidence merely wants the Court to send it to the Collector to be dealt with under Section 40 the Court has no option but to send it to the Collector as provided in Section 38 (2). The Court cannot compel the party to pay duty and penalty and have it admitted in evidence”
10	CRP(MD) Nos.915, 943, 967, 991 & 330 of 2020 Judgment Pronounced on : 16.07.2021   Selvaraj&Ors., VsKoodankulam Nuclear Power Plaint India Limited &Ors., [2021 (4) CTC 539	Hon’ble Madras High Court	The Registry Should Not Act As Defendant & Raise Objection At Pre Numbering Stage: Madras High Court.  To sum up, the Court may reject the plaint before numbering and entering it in the Register of Suits, if from a reading of the plaint, it is seen that the suit is barred by any law, or if it suffers from any procedural infirmity. The Court, at that stage, cannot and is not expected to conduct a roving enquiry into the merits of the matter by testing the correctness of the plaint- averments even prior to its institution. Further, for curing any of the permissible defects, no court shall return the plaint more than once.
11	KaushikChatterjeeVs State of Haryana  (2020) 10 SCC 92	Apex Court	A Plaint can be returned under O7R10 CPC to be presented to the proper Court, at any stage of proceedings.
12	Mohd. Osman Ali Vs Second Junior Civil Judge, City Civil Court, Hyderabad  2010 4 ALD 273	AP High Court	A Civil Court, while scrutinizing and registering a plaint, cannot insist on the plaintiff adducing or filing specific documentary evidence or assessing the sufficiency of such material, as this function is reserved for the adjudication stage, and any such insistence at the preliminary stage constitutes an excess of jurisdiction.
13	AchantaChaya Devi v. State Of Telangana Represented By Its The Inspector General, Stamaps& Registration & Others Civil Revision Petition No. 4319 of 2018 | 10-08-2018 2018 3 Cur C 291	High Court Of Telangana	Necessity to issue a notice under Section 80 CPC arises only if any action of the Government is challenged. Despite this decision being brought to its notice, it appears that the trial Court is still insisting upon compliance with Section 80 CPC without application of mind.   On the above analysis, this Court holds that the return of the plaint, on the ground of non-compliance with Section 80 CPC and that a petition is to be filed thereunder, is unsustainable in law.
14	RatulMahanta vs. NirmalenduSaha Civil Appeal No. 4627 Of 2021	Apex Court	it was earlier held by the Court in case dealing with Wakf Tribunal that a   suit   before   a   civil   court   would   be maintainable   for   other   reliefs   notwithstanding   the creation of the specific tribunal under the Act, unless the dispute falls within the four corners of the powers vested in the Tribunal. Therefore, it was held that despite there being the bar of jurisdiction of the civil courts under the Act, except for the disputes arising to the limited extent all other issues were held to be maintainable before the civil court.

 

 

 

CHAPTER XII

PRACTICAL GUIDE TO COURT FEE CALCULATION; (EXAMPLES UNDER TELANGANA COURT FEES & SUITS VALUATION ACT, 1956)

"The most common objection raised by the Sheristadar (Scrutiny Officer) is 'Incorrect Court Fee'. While the sections of the Act provide the rules, applying them to real-world numbers can be tricky. This chapter bridges the gap between the statute and the calculation pad. It provides worked-out examples for the most frequently filed suits—Injunction, Declaration, Partition, and Specific Performance—using the formulas prescribed under the Telangana Court Fees and Suits Valuation Act, 1956."

I. IMPORTANT PRELIMINARY NOTE

·         Market Value: In Telangana practice, "Market Value" for Court Fee purposes is usually determined by the Basic Value Register maintained by the Sub-Registrar. You must file the Market Value Certificate along with the plaint (as discussed in Chapter III).

·         Jurisdiction vs. Court Fee: The value for jurisdiction  is same as the value for Court Fee. (Kalla Yadagiri And Others vs Kotha Bal Reddy on 13 November, 1994 Equivalent citations: 1999 (1) ALD 222, 1999 (1) ALT 211)

II. MASTERING THE MATH: HOW TO CALCULATE COURT FEE USING SCHEDULE I

Valuing the suit under the correct Section (e.g., Section 24 or 34) is only the first step; the crucial final task is converting that 'Valuation' into the actual 'Fee Payable' using Schedule I of the Telangana Court Fees and Suits Valuation Act, 1956. This calculation often confuses practitioners because it uses a dual system: a specific 'Slab Table' for values up to Rs. 3,00,000/-, and a consistent 'Incremental Rate' for anything above that limit. To demystify this, let us take a practical example of a suit valued at Rs. 5,50,000/-. Instead of searching for a ready reckoner that goes up to infinity, an Advocate must simply memorize the 'Base Fee' for 3 Lakhs (Rs. 5,426/-) and then add the fee for the excess amount at the rate of Rs. 100/- for every Rs. 10,000/- (or part thereof).

PRACTICAL EXAMPLE: THE "BASE + EXCESS" CALCULATION

You are filing a Suit for Specific Performance or Money Recovery. The total suit value is Rs. 5,50,000/-.

The Calculation Formula:

The Court Fee is calculated in two parts:

1.  Part A (Base): Fee for the first Rs. 3,00,000/- (Which is fixed at Rs. 5,426/-).

2.  Part B (Excess): Fee for the remaining Rs. 2,50,000/- (Calculated @ Rs. 100/- for every Rs. 10,000/-).

 

Step-by-Step Worksheet:

Step	Description	Calculation	Result
1	Identify Total Suit Value		Rs. 5,50,000/-
2	Calculate Part A (Base Fee)	Fee for the first Rs. 3,00,000/- (As per Schedule I)	Rs. 5,426/-
3	Identify Excess Amount	Rs. 5,50,000 - Rs. 3,00,000	Rs. 2,50,000/-
4	Calculate Part B (Excess Fee)	(Excess Amount ÷ 10,000) × 100 (i.e., 25 units of 10k × Rs. 100)	Rs. 2,500/-
5	Total Court Fee Payable	Part A (Rs. 5,426) + Part B (Rs. 2,500)	Rs. 7,926/-

The Golden Rule (The "Part Thereof" Trap): If the excess amount leaves a remainder, you must treat that extra amount as a full "part" of Rs. 10,000/-.

·         Example: If the Excess Amount was Rs. 2,50,500/-.

·         The math is: 25 units (for 2.5L) + 1 unit (for the extra Rs. 500).

·         Total Excess Units = 26.

·         Excess Fee = 26 × 100 = Rs. 2,600/-.

·         Total Fee = 5,426 + 2,600 = Rs. 8,026/-.

SOME PRACTICAL EXAMPLES OF COURT FEE CALCULATION:

SCENARIO 1: SUIT FOR PERPETUAL INJUNCTION SIMPLICITER

Section Applicable: Section 26(c) of the T.S. Court Fees Act.

The Rule:

The Plaintiff has the discretion to declare the value of the relief (Notional Value). The Court Fee is paid on this notional amount.

Practical Example:

·         Facts: Mr. A is in possession of a vacant plot. Mr. B is trying to encroach. Mr. A wants only an Injunction. The actual market value of the plot is Rs. 50 Lakhs.

·         Drafting the Valuation Para:

"The Plaintiff is in possession of the suit property. The relief sought is for Perpetual Injunction. The relief is valued notionally at Rs. 10,000/- under Section 26(c) of the T.S. C.F. & S.V. Act. A Court Fee of Rs. 786/-

Advocate’s Tip: Do not value it on the Rs. 50 Lakhs market value, or you will pay huge unnecessary fees. However, ensure the notional value is not ridiculously low so as to be rejected by the Presiding Officer.

SCENARIO 2: SUIT FOR DECLARATION OF TITLE & CONSEQUENTIAL INJUNCTION

Section Applicable: Section 24(b) of the T.S. Court Fees Act.

The Rule: Fee is computed on one-half (1/2) of the Market Value of the immovable property.

Practical Example:

·         Facts: Mr. X claims to be the owner of a house, but Mr. Y is disputing the title and disturbing possession. Mr. X files a suit for Declaration of Title and Injunction. The Market Value (SRO Value) of the house is Rs. 10,00,000/-.

·         Step 1: Determine Market Value = Rs. 10,00,000/-

·         Step 2: Apply Section 24(b) = 1/2 of Market Value = Rs. 5,00,000/-.

·         Step 3: Calculate Court Fee: You must pay Ad Valorem Court Fee on Rs. 5,00,000/-

·         Drafting the Valuation Para:

"The suit is filed for Declaration of Title and Consequential Injunction. The Market Value of the property is Rs. 10,00,000/-. For the purpose of Court Fee, the value is computed at half the market value, i.e., Rs. 5,00,000/-, under Section 24(b) of the Act. An Ad Valorem Court Fee of Rs. 7426/- is paid

SCENARIO 3: SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT OF SALE

Section Applicable: Section 39 of the T.S. Court Fees Act.

The Rule: Fee is computed on the amount of consideration (Sale Price) mentioned in the Agreement of Sale.

Practical Example:

·         Facts: Mr. Buyer entered into an Agreement of Sale with Mr. Seller for Rs. 20 Lakhs. He paid Rs. 5 Lakhs advance. Mr. Seller is refusing to register.

·         Step 1: Identify Consideration: The total sale consideration is Rs. 20,00,000/-.

·         Step 2: Valuation: The suit must be valued at the full consideration amount, even though only partial advance was paid.

·         Step 3: Calculation: Pay Ad Valorem Court Fee on Rs. 20,00,000/-.

·         Drafting the Valuation Para:

"The suit is filed for Specific Performance of the Agreement of Sale dated [Date]. The total sale consideration agreed upon is Rs. 20,00,000/-. The suit is valued at this amount under Section 39 of the Act, and appropriate Court Fee of Rs. 22426/- is paid."

SCENARIO 4: SUIT FOR PARTITION (The "Fixed Fee" vs "Ad Valorem" Trap)

Section Applicable: Section 34 of the T.S. Court Fees Act.

Case A: Plaintiff is in Joint Possession (The Cheap Option)

·         Section: 34(2)

·         Scenario: You are a coparcener living in the ancestral house or visiting it; you are not "ousted".

·         Fee: Fixed Fee (e.g., Rs. 200/- or as per current slab).

·         Valuation Para:

"The Plaintiff is in joint possession of the schedule properties along with the Defendants. Therefore, the suit is valued under Section 34(2) of the T.S. C.F. & S.V. Act, and a fixed Court Fee of Rs. 200/- is paid."

Case B: Plaintiff is Excluded from Possession (The Expensive Option)

·         Section: 34(1)

·         Scenario: The brothers threw the Plaintiff out 15 years ago and denied his/her rights. Plaintiff is not in possession.

·         Fee: Computed on 3/4th of the Market Value of the Plaintiff's share.

·         Example: Total Property Value = 1 Crore. Plaintiff's Share (1/4th) = 25 Lakhs.

·         Calculation: 3/4th of 25 Lakhs = Rs. 18,75,000/-.

·         Result: You must pay Ad Valorem Court Fee on Rs. 18.75 Lakhs.

·         Drafting the Valuation Para:

The Plaintiff submits that the Plaintiff has been effectively excluded from the joint possession and enjoyment of the suit schedule properties by the Defendants. The Plaintiff is entitled to a 1/4^th  share in the suit schedule properties. The total Market Value of the suit schedule properties is Rs. 2000000/-. The value of the Plaintiff’s 1/4th] share is Rs. 500000/- For the purpose of Court Fee and Jurisdiction, the suit is valued under Section 34(1) of the Telangana Court Fees and Suits Valuation Act, 1956, which requires fee to be computed on 3/4th (three-fourths) of the market value of the Plaintiff's share. Therefore, the value for Court Fee is computed as follows:

·         Value of Plaintiff's Share: Rs. 500000/-

·         3/4th of Plaintiff's Share: Rs. 3,75000/-

Accordingly, an ad valorem Court Fee of Rs. 6226/- is paid herewith on the said amount of Rs. 3,75,000 [i.e., the 3/4th value of Plaintiff’s share] as per Schedule I of the Act.

Under Section 24(a), you do not pay court fees on the full market value. Instead, the law grants a concession where the fee is computed on three-fourths (3/4) of the market value of the property.

·         Step 1: Obtain the Market Value Certificate (SRO Value) for the property.

·         Step 2: Calculate 3/4th of that value.

·         Step 3: Calculate the Ad Valorem Court Fee on that reduced amount as per Schedule I of the Act.

SCENARIO 5: SUIT FOR DECLARATION OF TITLE AND RECOVERY OF POSSESSION  

Situation: Your client has been dispossessed from a house plot.

·         Market Value: The Basic Value Register (SRO) shows the value of the plot is Rs. 20,00,000/- (Twenty Lakhs).

·         Calculation for Valuation:

o    Total Market Value = Rs. 20,00,000/-

o    Taxable Value (3/4th) = Rs. 20,00,000 × 0.75 = Rs. 15,00,000/-.

·         Result: You will pay Court Fee on Rs. 15 Lakhs (not on the full 20 Lakhs).

Draft Valuation Paragraph (For Plaint)

Use this standard format in your plaint to avoid office objections:

PARA [X]: VALUATION AND COURT FEE: The suit is filed for the relief of Declaration of Title and Recovery of Possession of the Suit Schedule Property. The Market Value of the Suit Schedule Property is Rs. 20,00,000/- (Rupees Twenty Lakhs Only) as per the Market Value Certificate issued by the Sub-Registrar. For the purpose of Court Fee and Jurisdiction, the suit is valued under Section 24(a) of the Telangana Court Fees and Suits Valuation Act, 1956. Accordingly, the value is computed at 3/4th (three-fourths) of the Market Value of the property. Total Market Value: Rs. 20,00,000/- Value for Court Fee (3/4th): Rs. 15,00,000/- An Ad Valorem Court Fee of Rs. 17426/- is paid herewith on the value of Rs. 15,00,000/-.  The suit is valued at Rs. 15,00,000/- for the purpose of pecuniary jurisdiction, which is within the limits of this Hon'ble Court.

VI. QUICK REFERENCE: VALUATION FORMULAS

Sl. No.	Nature of Suit / Relief Claimed	Act Section	Valuation Base for Court Fee (Statutory)
1	Money Recovery (Promissory Note, Damages, Arrears of Rent, etc.)	Sec. 20	Ad Valorem on the total amount claimed (Principal + Interest till date of filing).
2	Recovery of Movable Property	Sec. 23	Market Value of the movable property.
3	Declaration of Title + Recovery of Possession	Sec. 24(a)	3/4th of Market Value of the immovable property OR Rs. 300/- (whichever is higher).
4	Declaration of Title + Consequential Injunction	Sec. 24(b)	1/2 of Market Value of the immovable property OR Rs. 300/- (whichever is higher).
5	Declaration Simpliciter (e.g., Dissolution of Marriage/Status)	Sec. 24(d)	Fixed Fee (Where subject matter is incapable of valuation).
6	Adoption (Declaration of validity/invalidity)	Sec. 25	1/2 of Market Value of affected property OR Rs. 500/- (whichever is higher).
7	Injunction (Where Title is Denied)	Sec. 26(a)	1/2 of Market Value of the property.
8	Injunction Simpliciter (Perpetual/Mandatory)	Sec. 26(c)	Notional Value (Amount at which relief is valued by Plaintiff in the plaint).
9	Possession (Summary Suit u/s 6 SRA)	Sec. 28	1/2 of Market Value OR Rs. 200/- (whichever is higher).
10	Possession and Injunction	Sec. 29	3/4th of Market Value OR Rs. 300/- (whichever is higher).
11	Easement Enforcement	Sec. 30	Amount at which the Plaintiff values the relief.
12	Mortgage (Redemption by Mortgagor)	Sec. 31(8)	Total Mortgage Amount OR 1/4th of Principal secured (whichever is higher).
13	Mortgage (Enforcement by Mortgagee)	Sec. 31(1)	Amount due on the Mortgage.
14	Dissolution of Partnership	Sec. 33	Value of the Plaintiff’s Share in the partnership.
15	Partition (Where Plaintiff is Excluded from Possession)	Sec. 34(1)	3/4th of Market Value of the Plaintiff’s Share.
16	Partition (Where Plaintiff is in Joint Possession)	Sec. 34(2)	Fixed Fee (e.g., Rs. 200/- depending on court grade).
17	Accounts (Administration/General)	Sec. 35	Amount estimated by the Plaintiff in the plaint.
18	Cancellation of Decree/Document (Creating property right)	Sec. 37	Value of the property or amount specified in the decree/document.
19	Specific Performance (Agreement of Sale)	Sec. 39	Total Consideration Amount mentioned in the Agreement.
20	Eviction/Tenancy (If tenancy implied)	Sec. 40(2)	One Year’s Rent.
21	Mesne Profits (Past Profits)	Sec. 42	Ad Valorem on the amount claimed.
22	Public Charities (Trusts u/s 92 CPC)	Sec. 44	Fixed Fee (Nominal).
23	Interpleader Suit	Sec. 45	Value of the disputed amount/property.
24	Pre-emption (Right to purchase)	Sec. 47	Value of the property.
25	Suits not otherwise provided for (residuary)	Sec 47	1) is less than Rs. 3,000. .. Rupees fifty 2) is not less than.Rs. 3,000 but does not exceed Rs. 5,000. Rupees one hundred. (iii) exceeds Rs. 5,000 but does not exceed Rs. 10,000. Rupees two hundred.  (iv) exceeds Rs. 10,000. .. Rupees three hundred.