Drafting Pleading _ Conven. (1) PDF

Prof. V.E.Shinde Class - B A.LL.B V Subject-Drafting Pleading and Conveyancing DRAFTING RULES & SKILLS Drafting in its general connotation means, putting one‟s own ideas in writing. Drafting of any matter is an art. Drafting of legal matters requires greater skills and efficiencies. It requiresthorough knowledge of law, procedure, settled judicial principles, besides proficiency inEnglish Language. A perfect drafting of matters in relation to Suits, Applications,Complaints, Writ petition, Appeals, Revision, Reviews and other such matters connectedtherewith shall obviously leads to good result in terms of money, time, energies andexpectation of not only the learned members of the Bench, but also the Bar as well as theparties to the litigation. It creates a congenial atmosphere where the glory of the judiciary andthe Law grows to sky-heights. So in the case with regard to the drafting of Deed ofConveyancing.“Drafting, Pleadings and Conveyancing” (DPC) is made as a compulsory practical subjectstudy forming part of the curriculum of the Law Course in India. It envisages, inter alia,drafting of Civil Pleadings; Criminal complaints and other proceeding; Writ Petition, AppealCivil, Criminal and Writ; Revisions-Civil and Criminal, Reviews, Writ Appeals-Civil andCriminal, and also Special Leave Petition; Contempt Petition, Interlocutory Applications, etc.A student who acquires the requisite knowledge, perfection and proficiency in draftingofthese matters, shall undoubtedly become a perfect legal professional. He will be an asset inthe legal world. History of Pleadings The method of arriving at an issue by alternate allegations has been practised in the civilizedcountries from earliest times. The art of pleadings apparently is as ancient as 1 any portion ofour procedural law. In ancient India it certainly existed but not in the present form. The art ofpleading is also traceable in substantially the same in form in England in the days of Henry II.The “issue” is found in the year, i.e., in the first year of the reign of Edward II. It shows thatthe art of arriving at an issue was not only practised during the reign of Edward II but hadbeen practised even before “for an issue had not been only the constant effect, but theprofessed aim and the object of pleading”. At first the pleading were oral. The partiesactually appeared in person in open Court and oral altercation took place in the presence ofthe judges. These oral pleading were conducted either by the party himself or by a person whowas an eloquent orator and well versed in Dharma Sastras and Koran whom peoplegenerally called Pandit and Maulvi in ancient and medieval India respectively. In Englishcountries such person was called narrator and advocates before the adoption of this presentlawyers‟ institution. The Pandits, Maulvis and narrators helped Kings and Judges in the administration of justice in those days.The duty of the King and the judge was to superindent of „moderate‟ the oral contentions conducted before him. His aim was to arrive at some specific point or matter affirmed on the one side, and denied on the other, which they both agreed was the question requiring decision; on resulting this the parties were said to be „at issue‟ andthe pleading were over. The parties,then, were ready to go before a jury if it were an issue of England. In those days the judges were very strict and they never allowed more than one issue in respect of each cause of action. When a defendant more than one defense to the plaintiff‟s claim he had to elect one out of thedefences. Since the reign of Queen Victoria the parties were allowed to raise more than a single issue, either of law or fact.During Viva voce altercation an officer of the court was busy writing on aparchment roll anofficial report of the allegation of the parties along with the act of Court which together wascalled record. As the suit proceeded similar entries were made from time to time and on the completion of the proceedings, the roll was preserved as perpetual judicial record. When eachpleader in turn started borrowing parchment roll 2 and entered his statement thereon himself,the oral pleading fell into disuse on thus obvious defect. Later, with the development of print machinery, paper etc. the method of drawing up the pleading on the plain paper and their interchange between parties started and this happened probably in the reign of Edward IV.The Judicature Act 1873 in England brought in many reforms in the realms of pleading likewhich with frequent changes are still in force. The modern Indian law of pleadinglike anyother law is based on English system and the whole law civil pleadingis governed by theCode of Civil Procedure which lawyer has to master over for thethorough knowledge ofpractice and procedure required in a civil litigation. Meaning of Pleadings Pleadings are the statement of facts in writing drawn up and filed in a Court by each party toam case stating therein what his contention shall be at the trial and giving all such details ashis opponent will need to know in order to prepare his case in answer. In India there are onlytwo pleading in a suit as defined under Order 6, rule 1 of the Code of Civil Procedure, it saysthat pleading means “Plaint or Written Statement”. This definition is not very clear in itself. The plaint and written statement are defined in the following clauses: (a)Plaint: A statement of claims, called the “plaint” in which the plaintiff sets out his cause of action with all necessary particulars; and (b)Written Statement: A statement of defences, called the “written statement” which the defendant deals with every material fact alleged by the Plaintiff in the plaint and also sets any new facts which tells in his favour, adding such objection as he wishes to take to the claim.Beside the plaint and the written statement, order 3 pleading that may be filed, may be classedunder two heads: (i) subsequent pleadings, and (ii) additional pleadings. (i)Subsequent Pleadings: The only subsequent pleading which is filed as a matter of right, without the leave of the court, is a written statement of a plaintiff by way of defence to a plea set-off set up by a defendant in the written statement of his defences. No other pleading subsequent to the written statement of a defendant other than that by way of defence to a plea of set off can be presented except with the leave of the court and upon such terms as the court may think proper. But the Court may at any time require a written statement or an additional written statement from any of the parties and fix a time for presenting the same (O.8, r.9). Any ground of defence which has arisen after the institution of the suit or the presentation of the written statement, may be, raised by the plaintiff or the defendant as the case may be, in his written statement (O.8, r.9). This is also a subsequent pleading. The subsequent pleading, i.e., this written statement in some states is also termed as “replication”. This term was formerly used in England where plaintiff‟s written statement is now called “reply”. (ii)Additional Pleading: Although no pleading subsequent to the written statement of a defendant other than by way of defence to a plea of set-off can be presented without the leave of the court, yet the court may at any time require a written statement or additional written statement from any of the parties, i.e., plaintiff or defendant or both (O.8, r.8). The additional pleadings are not subsequent pleadings in the true sense of the term. They are pleading by way of further and better statement of the nature of the claim or defence or further and better particular of any matter or state in the pleadings. These pleading may be ordered under order 6, rule 5 of the Code of Civil Procedure. Under the English Law, pleading has been defined as follows: “pleading 4 includes any petition or summons and also include the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto and of reply of the plaintiff to nay counter-claim of a defendant.” Function and Object of Pleadings The object of pleadings is to assist the Court and the parties to the dispute in its adjudication. Its function is of multi-dimension, and is in various ways. Stable j., Pinston v. Loyds Bank Ltd., (1941) 2 K.B. 72, has expressed the function of pleading in the following words: “The function of a pleading is not simply for the benefit of the parties but also and perhaps primarily for the assistance of a Court by defining with precision the area beyond which without the leave of the court, and consequential amendment of pleading, conflict must not be allow to extend”. “The while object of pleading is to give a fair notice to each party of what the opponent‟s case is to; ascertain with precision, the points on which the parties agree and those on which the they differ and thus to bring the parties to is also a definite issue. The purpose of pleading is also eradicate irrelevancy. The parties, thus themselves know what are the matters left in dispute and what facts whey have to prove at the trial. They are saved from the expense and trouble of calling evidence which may prove unnecessary in view of the admission of the opposite party. And further, by knowing before hand, what point the opposite party raise at the trial they are prepared to meet them and are not taken by surprise as they would have been, had three been no rules pleadings to compel the parties to lay bare their cases before the opposite party prior to the commencement of the actual trial”. Truly speaking the object of the pleading is to narrow down the controversy of the parties to definite issue. The sole object of pleadings is that each side may be fully active to the question that are about to be argued in order that they may have an 5 opportunity of bringing forward such evidence as may be appropriate to the issues. The Court has no power to disregard the pleading and reach conclusions that they think are just and proper. A few year ago Hon‟ble Mr. Justice Lord William of the Calcutta High Court in the case of, strongly emphasize the need of careful study of the art of pleading and condemned the obscure pleading which were shocking and were filed even in Calcutta High Court. It is, therefore, the duty of every advocate to take extreme care in drafting of his pleadings. There is no force in saying that the pleading in this country are not to be strictly construed. Has this been the object of the law of pleading the framers of the Code of Civil Procedure would not have laid down the rules of civil pleadings. A select committee of eminent lawyers having knowledge of Indian conditions was appointed to frame the present Code of Civil Procedure which has been amended and redrafted in 1976. Order 6, 7 and 8 of the Code of Civil Procedure are very important from the point of view of drafting of pleading in the High Court and Mofussils Court. Appendix A to the Code of Civil Procedure contains some model form of pleadings which are useful. Unfortunately these forms are seldom consulted by the mofussil pleader the reason being that the pleadings are being drafted by their clerks who are not trained in this direction and do not have legal knowledge. The pleading should always be drawn up and conducted in such manner so as to evolve some clear and definite issues i.e., some definite propositions of law and/or fact, asserted by one party and denied by the other. But both the parties must agree on the points sought to be adjudicated upon in action. When this has been fairy and properly ascertained then following advantages flow from pleadings: (i) It is a benefit to the parties to know exactly what are the matters left in dispute. They may discover that they are fighting about nothing at all; e.g. when a plaintiff in an action of libel finds that the defendant does not assert that the words are true, he is 6 often willing to accept an apology and costs, and so put an end to the action. (ii)It is also a boon to the parties to know precisely what facts they must prove at the trial; otherwise, they may go to great trouble and expense in procuring evidence of facts which their opponent does not dispute. On the other hand, if they assume that their opponent will not raise such and such a point, they may be taken suddenly by surprise at the trial. (iii)Moreover, it is necessary to ascertain the nature of the controversy in order to determine the most appropriate mode of trial. It may turn out to be a pure point of law, which should be decided by judge. (iv)It is desirable to place on record the precise question raised in the action so that the parties or their successor may not fight the same battle over and again. Fundamental Rules of Pleadings The English law of pleading has got four fundamental rules of pleading upon which Order 6 of the Code of Civil Procedure is based which are set out as under: 1.Every pleading must state facts and not law. 2.It must state all material facts and material facts only. 3.It must state only the facts on which the party‟s pleading relies and not the evidence by which they are to be proved; and 4.It must state such facts concisely, but with precision and certainty. (1) Facts, not law 7 The first fundamental rule pleading is that neither provisions of law nor conclusion of mixed law and facts, should be alleged in a pleading. The pleading should be confined to facts only and it is for the judge to draw such interference from those facts as are permissible under the law of which he is bound to take judicial notice. Illustration It will not be sufficient to state that „Abu Mohammad made a gift of his property‟ to the plaintiff. The plaintiff should allege here the gift was made, how it was accepted and how possession was delivered; because these are the facts which constitute a valid gift under Muhammedan Law. To allege that „Abu Mohammad made a gift‟ will be a conclusion of law from the facts which are not to be state directly in the pleading. Secondly, in a suit for damages for negligence, it is not enough for the plaintiff to state that the defendant has been guilty of negligence‟ without showing how and in what respect he was negligence and how he became bound to use due care to prevent an injury to other. Thirdly, when then defendant has to reply to the claim of the plaintiff in a money suit, it is not sufficient for him to state that „the defendant does not owe to the plaintiff‟. But he must allege such factwhich go to prove that in the circumstances the defendant does not owe to the plaintiff. The defendant should state that he never borrowed from the plaintiff, or good were never ordered, or were never delivered, or that they were not equal to the sample. It is not sufficient in a suit upon a contract for the defendant to, merely, plead the „the contract is rescinded‟, The defendant must plead in what manner and by what means he contends that is was rescinded. The fundamental rule of pleading is that a pleading shall affirmatively contain only a material fact on which the party relies and it shall not contain facts which are only evidence by which such material facts are to be proved. The reason for not mentioning the law in the pleading is that it is the duty of the court to find out and examine all plea of Law that may be applicable to the facts of the case. However, the parties can make 8 their submission about law any time. For example, the non maintainability of the suit which is a point of law, can be urged although no specific plea has been raised in the pleading. The rule that every pleading must state facts and not law or an interference of law has got following exceptions. (a) Foreign Laws: The court do not take any judicial notice of foreign laws and hence they must be pleaded as facts. The status of the foreign country intended to be relied upon should be set-forth as substantially as any other facts.. (b)Mixed question of Laws an facts: Where a questions is one of mixed law and fact, it is permissible and proper to plead both the facts and the legal conclusion. For instance, the defendant may say that the suit is barred by the law of limitation, or he may say he is entitled to set off after narrating the facts on which he bases his conclusions. (c)Condition precedent: The Code of Civil Procedure provides that any condition precedent the performance of which is intended to be contested shall be distinctly specified in the pleading of the plaintiff or defendant (Order 6 r.6 of C.P.C.), as for instance, the legality of the notice under section 80, C.P.C. (d)Custom and Usage of Trades: Custom and usage of any trade and business shall be pleaded like any other facts, if a party wants to rely on them. But a custom repeatedly brought before Court and recognised by them regularly is deemed to have acquired the force of law and need not be pleaded. For example, an occupancy tenant is entitled by local custom and usage to cut trees growing upon his holding it is not necessary for the occupancy tenant to plead this custom, if he wishes to rely on this 9 right to cut the trees. Similarly, a party who wishes to rely on the usage of a particular trade and business and if it is at variance with any provision of the Contract Act, he must not plead the usage of such trade and business with its detailed incident. If it is not pleaded, no evidence to prove it shall be admitted. (e)The facts of negligence, right or liability, unlawful or wrongful act should be specifically pleaded. Every plea of fact should be specifically raised and proved. (2) Material facts The second fundamental rule of pleading is that every pleading shall contain only a statement of material facts ion which the party pleading relies for his claim or defence. This rule has been enunciated in Order 6, ruke2 of the Code of Civil Procedure. The rule that the material facts should be not a technically and that an omission to observe it may increase the difficulty in the Court‟s task of ascertaining the rights of the parties. Further, every pleading must state facts which are material at the present stage of the suit. Now, the question arises what is material fact? The fact which is essential to the Plaintiff‟s cause of action or to the defendant‟s defence which each prove or fail is material fact. Now, the question that what facts are material, is not very easy to answer. However, it can be said that fact is material for the pleading of a party which he is bound to prove at the trial unless admitted by the other party before he can succeed in his claim or defence. If one is in reasonable doubt about a particular fact as a material fact it is better for him to plead that fact rather than omit it because unless a fact is pleaded he shall not be allowed to prove it at the hearing of the suit. A plea of fraud and misrepresentation in a suit must set forth full particulars of fraud and misrepresentation, because these particulars constitute material facts unless raised by the plaintiff or the defendant in his pleading, he will not be allowed to proveat the trial. Of course, a material fact can be inserted in the pleading by amendment which is the right of the 10 plaintiff and defendant; but when a pleading is amended one is likely to be saddled with the cost of other side. When suit is brought under a particular statute, all facts which are necessary to bring the suit under the statue must be alleged. When a rule of law applicable to a case has an exception to a case has an exception to it, all facts are material which tend to take the case out of the rule or out of exception. For instance: (1)If a childless Mohammedan widow claims one-fourth share in the property of her husband as allowed by Shia law, she must allege that her husband was a Shia. (2)Where Plaintiff claims right of pre-emption u/s 15(2)(b) of Punjab pre-emption Act, he must plead the necessary facts in respect of his claim. (3)Where a plaintiff claims an alternative relief, he must plead facts entitling him, for such relief. (4)Where the question of age or time affects the right of the parties, the facts should be specifically pleaded. (5)Every plea of facts must be specifically pleaded, and proved. Court cannot allow party to the suit to lead evidence inconsistent whit his plea inspite of object of objection by the other party is allowed to lead evidence in rebuttal does not cure the legal defect. (6)Where a plaintiff sues on the basis of a title he must state the nature of the deed from which he has derived title. (7)The plea that a woman claiming maintenance has lost her right due to continuous desertion or living in adultery should be specifically raised. (8)Where the plea is based on custom, it must be stated in the precise form what the 11 custom is. For instance, if a childless Mohammedan widow claims one-fourth share in the property of her husband as allowed by Shia Law, she must allege that her husband was a Shia. The following are exception to this fundamental rule of pleading. (a)Content of documents: Whenever the content of document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible without setting out whole or any part thereof unless any precise words thereof are material. Foe instance, if plaintiff‟s claim is based on a sale-deed, it is sufficient to state that “defendant has sold the property to the property to the plaintiff by a sale-deed dated......” (b)Matters of Inducement: it means introductory or prefatory facts which should be stated in the first and second paras in the body of the plaint or written statement. Though it is not necessary yet sometimes it is desirable to commence a plaint with some introductory allegations stating who the parties are, what business they carry on how they are related and connected and other surrounding circumstances leading up to the dispute. Though these are not material facts yet these are allowed in England and hence in India too. But the matter of inducement should be reduced to the minimum need. (3) Facts, Not Evidence The third fundamental rule of pleading has been laid down by Order 6, rule 2 of the Code of Civil Procedure. It says that every pleading must contain a statement of material facts but not the evidence by which they are to be proved. The material facts on which a party relies are called Facta Prabantia, i.e. the facts to be proved , and they should be stated in the pleadings. The evidence or facts by which Facta Probantia are to 12 be proved are called Facts Probantia, and they are not to be stated in the pleadings. Facta Probantia are not the facts in issue but only relevant facts which will be proved at the trial in order to established facts in issue. For instance, in a suit of damages for malicious prosecution the plaintiff should only allege in the plaint that the defendant was actuated by malice in prosecuting him. He must not allege that he had previously given evidence against the defendant and the defendant had vowed to take revenge. The plaintiff is by all means entitled to tender evidence to prove this fact. Secondly, in a policy of life insurance, the condition that the policy shall be void, if the holder dies of his own hand, in the defence it is not necessary to state that the assured brought the pistol a few days before his death and made all preparation to kill himself. It is sufficient to state in defence that the assured died of his own hand. In some cases where the facts in issue and relevant facts are so mixed up that it is very difficult to separate them and if it is so the relevant facts may be stated. For example, where custom is based on village administration paper, which is the basis of claim and its sole proof. In such cases the record has to be pleaded. In the Punjab Rewaje Aam (customs)are contained by the Manual of Customary Law which records customs, are only evidence and it is nor necessary to refer to them in plaints. (4) Concise Form with Precision and Certainty The material facts must be stated in a summary form, succinctly and in a strict chronological order. All unnecessary allegations and their details should be omitted in order to attain brevity in pleadings. Pleading is not a place for fine writing but only assertion of hard facts. It is desirable to go straight to the point and state fact, boldly, clearly and concisely and to avoid all paraphrasing and all circumlocutions. As far as possible an active voice should be preferred to passive in pleading. The same person or thing should be called by the same name throughout the pleading. The pleading shall be divided into paragraph numbered consecutively. Dates sums and numbers shall be 13 expressed in figures, even though the pleading should be concise, it should never be obscure. It should be both concise , as well as precise. The parties cannot change the case and get the relief. As already discussed the unnecessary facts should be omitted from the pleadings. Let us summarise them. (1)Matters of law, (2)Matters of evidence, (3)Matters not alleged in the opponent‟s pleading, (4)Matters presumed by law, (5)The performance of condition precedent, (6)The words of documents, (7)Matters affecting cost only, (8)Matters not material to the case, (9)The defendant need not plead to the prayer of the plaintiff, (10)The defendant need not plead to the damages claimed or their amount. The above details should not be pleaded in a pleading. A good pleader should bear in mind the following points in relation to a pleading: (1) Describe the names and places accurately and spell them correctly and adopt the same spelling throughout. (2) One should always avoid the use of pronoun as „He‟, „She‟, „This‟, or „That‟. the plaintiff or the defendant should not be addressed by their names at some place and at some place by the word „Plaintiff‟ and „ defendant‟, call them throughout your pleading by the expression „the plaintiff‟ and „the defendant‟ as the case may be. Where one has to distinguish between two or more plaintiff or defendant, call in your pleading, „the plaintiff Ramashankar‟ or „the defendant-Hariharan‟ as the case may be. (3) A lawyers should allege all facts boldly and plainly. he should use the language of the document or the act itself; and he should not invent his own language however correct it may be, e.g. of a policy becomes void in case, “the assured shall die of his own hand.” Now, in this case while drafting the pleading instead “ the assured killed himself” or he committed suicide,” plead that “the assured died of his own hand.” (4) A lawyer should allege all facts boldly and plainly. He should avoid ifs and buts. As 14 far as possible complex sentences should also be avoided. Facts should not be repeated. Pleading should be divided into separate paragraphs and as far as possible only one fact should be contained by one paragraph embodying all necessary particulars in the pleading. (5) Every pleading shall be signed by the party and his advocate and, if the party is unable to sign the pleading it may be signed by this agent. (6) Every pleading shall be verified by the party or the parties. A verification can also be made by any other person if acquainted with the facts of pleadings. False verification is an offencepunishable by the Indian Penal Code. (7) In cases where a corporation is a party, pleading may be verified by Secretary or by the director or by any other principal officer of that corporation who is able to depose the facts of the case. in verification clause one should denote according to the numbers of paragraph o his own knowledge and what he verified upon the information received and verified to be true. Alternative Pleas: Law does not prohibit a plaintiff from relying on several distinct and different rights in the alternative or a defendant from raising as many distinct and separate defences as he like. For example, a plaintiff may sue for possession of a house belonging to A, as an adopted son of A, and in the alternative under a will executed by A in the plaintiff‟s favour. A plaintiff may claim proprietary right in a land, or, in the alternative easementary right In an action for preemption the defendant is not prohibited from setting up a plea of estoppels in addition to a plea of denial of custom of pre-emption. A Hindu person claiming under a sale deed from a Hindu widow may support his claim by pleading that the widow separated during the life time of her husband and hence she was the owner of the property which she had sold to him, or in the alternative the 15 widow was in possession for ever 12 years and thus became owner by adverse possession. A defendant in money suit due on promissory note against him may plead that he did not execute the promissory note, and in the alternative the plaintiff claim is barred by the law of limitation. But it must be carefully borne in mind by the draftsman and separately be stated in the pleading. The Court will not allow any such pleas on the ground covered by implication unless specifically set out. Thus, in a suit by a son to set aside certain transfers made by his mother on the ground of unsoundness of mind of his mother at the time or the transfer and further averred that the donee was residing with his mother and was completely under his IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI SUIT NO. ____________ OF 20IN THE MATTER OF: Sh. Om Veer Singh S/o. ___________-, R/o. Sainik Nagar, New Delhi PLAINTIFF VERSUS 1. Dr. U. Basu S/o________,R/o Pragati Vihar Society, Delhi - 92 2. Tapan Kumar, S/o ______R/o Pragati Vihar Society, Delhi – 92 ….. DEFENDANTS SUIT FOR PERMANENT INJUNCTION MOST RESPECTFULLY SHOWETH: 1. That the plaintiff is the permanent resident of the above mentioned address in property bearing no. ________ Uttam Nagar, New Delhi for the last many year and is livingwith wife and minor children, as a tenant. 2. That the plaintiff is a tenant in respect of the above said property bearing no_____________Uttam Nagar, New Delhi consisting two rooms, latrine and kitchen in the above said premises of Rent Rs. 150/- (Rs. 150/-) p.m. excluding electricity and water 16 charges under the tenancy of late Sh_________ who died on 17.10.2013 and late Sh. _____ used to collect the rent from the plaintiff but late Sh. _____did not issued any rent receipt to the plaintiff even after several demands made by the plaintiff but he always used to postpone the issue of rent receipt. 3. That the plaintiff spent a huge amount on the construction of these two rooms in the above said premises at the request of Late Sh. _____and Sh. _____assured the plaintiff toadjust the said rent (the plaintiff is having the necessary documents/proofs of material forconstruction of rooms in the above said property). It is also pertinent to mention here that the plaintiff looked after late Sh. ______ many a times, whenever he fell ill. 4. That at present the plaintiff is having the peaceful possassion of premises no. ____________Uttam Nagar, New Delhi and is having the whole necessary documents/record regarding possession (photocopy of Ration Card, School Card is enclosed herewith) but the above said defendants are internded to disturbe the peaceful physical possession of the plaintiff of the above said premises. 5. That the plaintiff is having the whole necessary household goods which are lying/kept in the above said premises and is living peacefully. 6. That the plaintiff has paid the agreed rent @ Rs. 150/- p.m. to late Sh. ______upto Oct. 2013. It is also pertinent to mention hare that the legal hairs of late Sh. ______are not in the knowledge of the plaintiff and at present also the plaintiff is ready to tender the rent before the legal heirs of late Sh. _________. 7. That on dt. 30.1.2015 the above said defendant came to the above said premises of the plaintiff and threatened the plaintiff to vacate the tenanted premises immediately otherwise the plaintiff would have to face dire consequences, when the plaintiff asked about their identity then they did not disclosethe same, instead started throwing 17 household goods forcibly and illegally and started to quarrel with the plaintiff when the local residents/neighbourers intervened in the matter then the defendents left the spot after threatening for dire consequences and to dispossess the plaintiff forcibly and illegally in the near future with the help of local goondas. The defendants openly stated that the staff of police post Matiala dances at their tune and it is very easy job for them to dispossess any person or to grab the property of any one with the help of the police staff. 8. That immediately on the same date the plaintiff rushed to the police post Matiala to lodge his report against the defendants regarding such incident but duty officer did not lodge the report of the plaintiff. The plaintiff was surprised to see that both the defendants were already present at the Police Post Matiala. 9. That on 10.2.2015, the plaintiff sent a Registered Notice to the defendant no. 1 and copy to Chowki Incharge Police Post Matiala by Regd. A.D. (copy of the same is enclosed herewith) but P.P. Matiala staff has not taken any action against the defendants for reasons best known to them. 10. That on 11.2.2015, the defendants along with two unknown persons/ whom the plaintiff can recognise by face, came to the above said premises bearing no. _______ Uttam Nagar, and knocked at the door at odd hours and threatened the plaintiff to come out of the room. The plaintiff saw their faces from gaps of the door and the plaintiff got nervous, and therefore did not come out of two-room apartment. The said persons threatened the plaintiff to vacate the premises immediately. However, then the neighbourers gathered there and they restrained the defendants from dispossessing the plaintiff from the above said premises forcibly and illegally. When the neighbourers threatened them, they left the spot with a threat to come after one or two days with heavy force to dispossess the plaintiff from the above said premises forcibly and 18 illegally. 11. That on de. 12.2.2015, the plaintiff again went to the police post Matiala to lodge the report against the defendants but no Police Officer of P. Post Matiala is ready to listen against the defendants and they advised the plaintiff to approach to the competent court of law to seek his remedy and to get injunction order against the defendants and the P.S. Matiala. 12. That the plaintiff has no other efficatious remedy except to approach to this Hon'ble court for seeking relief of injunction against the defendants from interfering in the peacefulpossession of the premises no. __________Uttam Nagar, New Delhi. 13. That the cause of action arose on different date when the defendants threatened the plaintiff to vacate the premises no. __________Uttam Nagar, New Delhi and threatened the plaintiff of dire consequences and further to dispossess him from the above premises bearing no.__________Uttam Nagar, New Delhi forcibly and illegally. The cause of action lastly arose on dt. 11.2.2015 when the defendants again threatened and tried to dispossess the plaintiff from the premises no. ______ Uttam Nagar, New Delhi forcibly and illegally with the connivance of the Local Police. The cause of action still subsists as the threat of the defendants to dispossess the plaintiff and to create disturbance in the peaceful possession of the premises no._______ Uttam Nagar, New Delhi continues. 14. That the parties to the suit for the purpose (s) of court fee and jurisdiction is Rs. 130/- on which the requisite court fee has affixed. 15. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the cause of action arose at Delhi and the suit property is situated within the territorial jurisdiction of this Hon‟ble Court. PRAYER: 19 It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :- (a) pass the decree for Permanent Injunctin in favor of the plaintiff and against the defendants thereby restraining the defendants, their representatives, employees, agents etc. from dispossessing the plaintiff forcibly and illegally from the tenanted premises bearing no. _______ Uttam Nagar, New Delhi and also from interfering in the peaceful possession of the above said premises. (b) award cost of the suit in favour of the Plaintiff and against the Defendants; (c) pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case. Plaintiff Place: Through Date: Advocate VERIFICATION: Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to.. of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras.. to … are true on information received and believed to be true and last para is the humble prayer to this Hon‟ble Court. Plaintiff [NOTE : This plaint has to be supported by an affidavit] 20 IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI IA NO. ___________OF 20… IN SUIT NO. ___________OF 20... IN THE MATTER OF: Sh. Om Veer Singh, S/o ____________ R/o …… PLAINTIFF/APPLICANT VERSUS 1. Dr. U. Basu S/o _____________________, R/o ….. 2. Sh. Tapan Kumar, S/o _________________, R/O…. DEFENDANTS/RESPONDENTS APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before this Hon‟ble Court. 2. That the contents of the accompanying suit for permanent injunction may kindly be read as a part and parcel of this application which are not repeated here for the sake of brevity. 21 3. That the plaintiff/applicant has got a prima-facie case in his favour and there is likelihood of success in the present case. 4. That in case the defendants are not restrained by means of ad-interim injunction for dispossessing the plaintiff from the above said premises no. _________ Uttam Nagar, New Delhi and from interfering in physical peaceful possession of the above said premises, theplaintiff shall suffer irrepairable loss and injury and the suit shall become anfractuous and would lead to multiplicity of the cases. 5. That the balance of convenience lies in favour of the plaintiff and against the defendants. PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :- a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants, agents and their representatives from interfering into the peaceful physical possession of the plaintiff in the above said premises and from dispossessing the applicant/plaintiff from the same. b) pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case. Plaintiff /Applicant Place: Through Date: Advocate [NOTE : This Application has to be supported by an affidavit]. IN THE COURT OF SH.______SENIOR CIVIL JUDGE (DISTRICT ___________), 22 DELHI IA NO.____________OF 20 IN SUIT NO.___________OF 20 IN THE MATTER OF: ABC..PLAINTIFF/APPLICANT Versus XYZ …DEFENDANT/RESPONDENT APPLICATION UNDER ORDER XXXIX R 2-A READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE , 1908 ON BEHALF OF THE PLAINTIFF MOST RESPECTFULLY SHOWETH: 1. That the above noted suit for injunction is pending before this Hon‟ble Court and the contents of the plaint be read as part of this application. The plaintiff/applicant is tenant in suit premises bearing House No………………, Uttam Nagar, New Delhi and the defendant is landlord of the same. 2. That on an application U/O 39, R 1 & 2 for interim stay against interference in peaceful possession of the plaintiff/applicant as well as dispossession from the said premises, without due process of law was filed by the plaintiff/applicant against the defendant/respondent alongwith the plaint. 3. That on dt. …………..this Hon‟ble Court was pleased to grant interim injunction in favour of the plaintiff/applicant and against the defendant/respondent for not to 23 interfere in the peaceful possession of the plaintiff/applicant and not to dispossess him without due process of law from the suit property. 4. That on dt. …………..the defendant/respondent inspite of the service and knowledge of the above interim injunction orders dt …………., took forcible possession of the suit premises with the help of anti social elements in utter disregard of the orders of this Hon‟ble Court and the applicant/plaintiff‟s household goods were thrown on the roadside. 5. That the defendant/respondent has thus knowingly and willfully disobeyed and violated the injunction orders issued by this Hon‟ble Court on dt. ………… and he is as such guilty of disobedience of the orders of this Hon‟ble Court and has rendered himself liable to be detained in civil imprisonment and attachment of his property. List of properties is attached. PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to: a) take appropriate action U/O 39 R 2-A of the Code of Civil Procedure and other provisions of law may be taken against the defendant/respondent and his property may be directed to be attached and he may be directed to be kept in civil imprisonment for the maximum term. b) direct restoration of the possession of the suit property to the plaintiff/applicant. c) any other appropriate orders/directions may also be passed as may be deemed fit in the facts and circumstances of the case in favour of plaintiff/applicant. Delhi. Plaintiff/Applicant Dated: Through 24 Advocate (Note: An affidavit, duly attested by oath commissioner, in support of this application is to beattached with to this application) MODEL DRAFT FOR WRITTEN STATEMENT IN THE COURT OF SHRI ……………… CIVIL JUDGE (DISTRICT __________), DELHI SUIT NO. ……………………OF 2017 X_______________ …. PLAINTIFF VERSUS Y_________________ ….. DEFENDANT WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT MOST RESPECTFULLY SHOWETH: PRELIMINARY OBJECTIONS : 1. That the suit is barred by limitation under Article.......... of the Limitation Act and is liable to be dismissed on this short ground alone. 2. That this Hon‟ble Court has no jurisdiction to entertain and try this suit because..................... 3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is therefore liable to rejected outrightly. 4. That there is absolutely no cause of action in favour of the Plaintiff and agianst the Defendant. The suit is therefore liable to be rejected on this ground also. 5. That the suit is bad for non-joinder of necessary parties, namely.......................... 25 6. That the suit is bad for mis-joinder of Z. 7. That the suit is barred by the decree dated................... passed in suit No....................... titled Y Versus X by Sh............................, Sub-Judge, Delhi, The present suit is therefore barred by the principle of res-judicata and therefore liable to be dismissed on this short ground alone. 8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing No.................. is pending in the Court of Sh........................, Sub-Judge, Delhi 9. That the suit has not been properly verified in accordance with law. 10. That the Plaintiff‟s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of contract by the Defendant. Assuming, though not admitting, that the Defendant has committed any alleged breach, the remedy available to the Plaintiff is by wayof the suit for specific performance and not sent for specific performance. 11. That the Plaintiff‟s suit for permanent injunction is also barred by Section 41 (i) of the Specific Relief Act because he has not approached this Hon‟ble Court with clean hands and his conduct has been most unfair, dishonest and tainted with illegality. 12. That the Plaintiff‟s suit for declaration is barred by Section 34 of the Special Relief Act as the plaintiff has omitted to claim further consequential relief available to him. 13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service cannot be enforced. 14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the 26 mandatory notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a) Rent Control Act/Section 478 of the Delhi Municipal Corporation Act. 15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of the Indian Partnership Act and as such is not competent to institute this suit. 16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988, and is therefore liable to be dismissed outrightly. ON MERITS : Without prejudice to the preliminary objections stated above, the reply on merits, which is without prejudice to one another, is as under:- 1. That para 1 of the plaint is correct and is admitted. 2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put to the strict proof of each and every allegation made in the para under reply. 3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically denied that the Plaintiff is the owner of the suit properly. As a matter of fact, Mr. N is the owner of the suit properly. 4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the suit properly. However, the remaining contents of para under reply are absolutely incorrect and are denied. It is specifically denied that...................... 5-10. (Each and every allegation must be replied specifically depending upon the facts of each case. The above reply on merits is therefore only illustrative in nature.) 11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the Plaintiff and against the Defendant because....................... The plaintiff is 27 therefore liable to be rejected outrightly. 12. That para 21 is not admitted. This Hon‟ble Court has no jurisdiction to entertain this suit because the subject matter of this suit exceed the peciniary jurisdiction of this Hon‟ble Court. 13. The para 13 is not admitted. The suit has not been properly valued for the purpose of court fee and jurisdiction. According to the Defendant the correct valuation of the suit is Rs................... PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to: a) Dismiss the suit of the plaintiff. b) Award costs to the defendant. c) Pass any other just and equitable order as deemed fit in the interest of justice. DEFENDANT Delhi THROUGH Dated ADVOCATE VERIFICATION : Verification at Delhi on … day….. of , 20… that the contents of paras 1 to …. Of the preliminary objection and para…to… of reply on merits are true to my personal knowledge and those of paras … to ….of preliminary objection and para…to… of reply on merits are true & correct on the basis of legal advice received and belived to be true. Last para is prayer to the Hon‟ble Court. DEFENDANT [NOTE : Counter Claim, Set off can be joined in the Written Statement and the same 28 may be verified and supported by affidavit] IN THE HIGH COURT OF DELHI AT NEW DELHI CAVEAT NO. /2017 (ARISING OUT OF THE JUDGMENT AND ORDER DATED ……… IN SUIT NO. ……… TITLED AS ABC v. XYZ PASSED BY SH. ___________, CIVIL JUDGE, _______________ DISTRICT, DELHI) In the matter of: XYZ S/o R/o.. Petitioner Versus ABC S/o R/o.. Respondent/Caveator CAVEAT UNDER SECTION 148-A OF C.P.C. PROCEDURE BY RESPONDENT/CAVEATOR. Most respectfully Showeth: a) That Sh. ___________________, Civil Judge, ______________ District, Delhi has passed order against appellants in Civil Suit No. …………….. titled as ABC v. XYZ on ……………, whereby application for amendment U/O VI Rule 17 CPC filed by plaintiff/would be petitioner, was dismissed. 29 2. That the caveator is expecting that the plaintiff/would-be petitioner may file a Civil Misc. (Main) Petition under Article 227 of Constitution of India against said order in this Hon‟ble Court as such this caveat is being filed. 3. That the caveator has a right to appear and contest the Civil Misc. (Main) Petition if preferred by the plaintiff/would-be petitioner. 4. That the caveator desires that he may be given the notice of the filling of the Civil Misc. (Main) Petition as and when the same is filed by the plaintiff/would-be petitioner, to enable caveator to appear at the time of hearing for admission and no stay may be granted without hearing the caveator/respondent. 5. That a copy of this caveat has been sent by Regd. A/D post to the plaintiff/would be Petitioner. It is, therefore, most respectfully prayed that nothing may be done in Civil Misc. that may be filed by the petitioner without notice to the caveator or his counsel. Caveator Delhi Through30 Dated: Advocate (Note: An affidavit of the caveator, duly attested by oath commissioner, in support of this application is to be attached with to this application.) EXECUTION APPLICATION IN THE COURT OF ____________________________EXECUTION PETITION OF _____ OF 2017 IN CIVIL SUIT ________ OF 2015 A DECREE HOLDER Versus B JUDGEMENT DEBTOR THE DECREE HOLDER PRAYS FOR EXECUTION OF THE DECREE/ORDER DATED DD/MM/YYYY, THE PARTICULARS WHEREOF ARE STATED IN THE 30 COLUMNS HEREUNDER:- Police Station:- 1. No. of Suit 2. Name of Parties 3. Date of Decree/order of which execution is sought 4. Whether an appeal was filed against the decree / order under execution 5. Whether any payment has been received towards satisfaction of decreeorder 6. Whether any application was made previous to this and if so their dates and results 7. Amount of suit along with interest asper decree or any other relief granted by the decree 8. Amount of costs if allowed by Court 9. Against whom execution is sought 10 In what manner court’s assistance is soughtThe Decree Holder prays that the execution of the decree passed in the case may be granted Decree HolderVerification I,______ S/o _____ R/o __________ do hereby verify that the contents of this application aretrue to my knowledge or belief. Decree Holder Through Advocate of Decree Holder Place : New Delhi In * The application for execution shall be accompanied by a duly certified copy of the decree or order, or by the Original, or by the Minutes of decree or order until the decree or order is drawn up. Judge may allow execution before sealing of decree ororder: PETITIONS UNDER THE HINDU MARRIAGE ACT, 1955 31 Before giving any model form of application under the matrimonial laws, it is necessary to know what kind of petitions are contemplated in matrimonial causes. The Hindu Marriage Act, 1955, has provided for the following important petition: 1.Petition for restitution of conjugal rights (sec. 9) 2.Petition for judicial separation (sec. 10) 3.Petition for void or nullity of marriage (sec. 11) 4.Petition for divorce by dissolution of marriage (sec. 13) 5.Petition for maintenance pendent lite (sec.24) 6.Petition for alimony and maintenance (sec. 25) 7.Petition for custody of children (sec.26) Such reliefs are also obtained under the Special Marriage Act, 1954, the Indian Divorce Act,1889, and other personal laws. Under the rules farmed by the Bombay High Court it is necessary to state the following facts in the petition for (i) judicial separation, (ii) Nullity of marriage, and (iii) Divorce in addition to the point given in O. VII, r. 1, C.P.C. and S. 20(1) of the Hindu Marriage Act. (i) Place and date of marriage, (ii) name of the state of domicile of the wife and husband before and after marriage (iii) the principal permanent address where there is any cohabited including the address where they raised together, (iv) birth or ages of such issues, (v) whether there had been any proceeding in India, if so what wre they and with what result, and on behalf of whom? (vi) Matrimonial offences or offence charged should be set out in separate paragraphs with time and place of its commission, (vii) property presented at or about the time of marriage and jointly owned by both husband and wife , and (viii)relief or reliefs prayed for. All matrimonial petitions shall lie in the Court of the District Judge (Family Courts wherever established) within whose local limits of the jurisdiction the marriage was 32 solemnised, orwithin whose local limit of the jurisdiction the parties to the marriage last resided together, or within whose jurisdiction the respondent has been residing; but in the Metropolis of Mumbai, Calcutta, Chennai and Ahmadabad, these petition shall lie in the City Civil Court of the respective metropolitan town. By virtue of Section 14 Hindu Marriage Act, 1955, the Petition for Divorce cannot be presented with in one year of marriage unless leave is taken from the court to present before on the ground of exceptional hardship. The Petitions under Hindu Marriage act are to be presented before District Judge within the local limits of whose jurisdiction (a) The Marriage was solemnized; or (b) The respondent at the time of presentation of the petition, resides, or (c) The parties to the marriage last resided together, or (d) In case the wife is the petioner, where she is residing on the date of presentation of the petition, or (e) The petioner is residing at the time of presentation of the petition in a case where the respondent is, at the time, residing outside the territories to which th Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. The districts in which the Family Courts have been established under Family Courts Act, 1984, the petitions shall lie before the Principal Judge, Family Court ( Section 7 and 8 Family Courts Act, 1984) Every petition shall state distinctly the following facts- (a) That the marriage of the petioner was solemnized with the respondent in accordance with Hindu rites and ceremonies on ….at…..and and affidavit to the effect has to be 33 enclosed (b) That there is no collusion between the petitioner and the other party in presenting the petiotion for annulment of the marriage. This fact need not be pleaded in case of petition under section 11 of the Act. (c) In case the Petion for Divorce is filed on the ground of cruelty of the respondent, it has to be specificaaly pleaded that the petioner has not condoned the act of the respondent. (d) Where the petition for divorce on mutual consent is filed, affidavits of both the parties are to be attached. (e) In case of petition for Restitution of Conjugal rights, it has to be pleaded that the respondent has withdrawn from the company of petitioner without any reasonable cause. (f) In the petition under the Act, the details regarding the status and place of residence of the parties to the marriage before the marriage and at the time of presentation of the petition have to be provided. IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI HMA PETITION NO. OF 2017 IN THE MATTER OF : X ………………s/o …. PETITIONER R/o …………………………….. VERSUS 34 Y ………………w/o …. RESPONDENT R/o …………………………….. PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 (NO. 25 OF 1955) Most Respectfully showeth: 1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies on dt. ………at (Give place ). The said marriage is registered with the Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage Register……… is filed herewith. An affidavit, duly attested declaring and affirming these facts is also attached. 2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Wife Status Age Place of Residence Status Age Place of Residence (i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is as part of his or her status). 3. That the (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. That the respondent has, without reasonable excuse, withdrawn from the society of the petitioner with effect from………….. (The circumstances under which the respondent withdrew from the society of the petitioner be stated). 35 5. That the petition is not presented in collusion with the respondent. 6. That there has not been any unnecessary or improper delay in filing the petition. 7. That there is no other legal ground why relief should not be granted. 8. That there have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: Serial Name of Nature of Number Name and Result Parties Proceedings with and year of location Section of that Act the case of court (i) (ii) (iii) 9. That the marriage was solemnized at……………. The parties last resided together at………… The parties are now residing at………………… (Within the local limit of the ordinary original jurisdiction of this Court.) 10. That the petitioner submits that this Hon‟ble Court has jurisdiction to try and entertain this petition PRAYER In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon‟ble Court may be pLeased to grant a decree of restitution of conjugal rights under Section 9 of HMA in favor of petitioner. Any other relief/order/Direction this Hon‟ble Court may deem fit in the intrest of justice and equity. PETITIONER Through 36 Delhi Dated ADVOCATE VERIFICATION The above named petitioner states on solemn affirmation that paras 1 to …………..of the petition are true to the petitioner‟s knowledge and paras……………….to………………. are true to the petitioner‟s information received and believed to be true by him/her. Verified at………………………………(Place) Dated…………………. PETITIONER [NOTE : AN AFFIDAVIT OF PETITIONER IS TO BE APPENDED] IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI HMA PETITION NO. _______ OF 2017 IN THE MATTER OF : IN THE MATTER OF : X ………………s/o …. PETITIONER R/o …………………………….. VERSUS Y ………………w/o …. RESPONDENT R/o …………………………….. PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF THE HINDU MARRIAGE ACT, 1955 (NO. 25 OF 1955) The petitioner prays as follows: 1. That A marriage was solemnized between the parties according to Hindu rites and 37 ceremonies on dt ………at……………The said marriage is registered with the Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage Register………….is filed herewith. An affidavit, duly attested. 2.that the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Wife Status Age Place of Status Age Place of Residence Residence (i) Before marriage (ii) At the time of filling the petition (Whether a party is a Hindu by religion or not is as part of his or her status). 3. that the (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. That the respondent has……..(any one or more of the grounds available under section 10 may be pleaded here. The matrimonial offences charged should be set in separate paragraphs with times and places of their alleged commission. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits.) 5. (where the ground of petition is on the ground specified in clause (i) of section 13 (1). The petitioner has not in any manner been necessary to or connived at or condoned the acts complained of. 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. that the petition is not presented in collusion with the respondent. 8. that there has not been any unnecessary or improper delay in filing the petition. 38 9. that there is no other legal ground why relief should not be granted. 10. that there have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: Serial Name of Nature of Number Name and Result Parties Proceedings with and year of location Section of that Act the case of court (i) (ii) (iii) (iv) 11. That the marriage was solemnized at……………. The parties last resided together at………… The parties are now residing at………………… (Within the local limit of the ordinary original jurisdiction of this Court) 12. That the petitioner submits that this Hon‟ble Court has jurisdiction to try and entertain this petition PRAYER In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon‟ble Court may be pLeased to grant a decree of Judicial Separation under Section 10 of HMA in favor of petitioner. Any other 39 relief/order/Direction this Hon‟ble Court may deem fit in the intrest of justice and equity. PETITIONER Through Delhi Dated ADVOCATE VERIFICATION: The above named petitioner states on solemn affirmation that paras 1 to____ of the petition are true to the petitioner‟s knowledge and paras____ to_______ are true to the petitioner‟s information received and believed to be true by him/her. Verified at________________ (Place) Dated__________________________ PETITIONER [Note : An affidavits of petitioner is to be appended] IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI HMA PETITION NO. ________ OF 2017 IN THE MATTER OF: X___________________ … PETITIONER VERSUS Y____________________ … RESPONDENT 40 PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 (NO 25 OF 1955) The petitioner prays as follows 1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act on_______ at _________.The said marriage is registered with the Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage Register………….is filed herewith. An affidavit, duly attested stating above facts has also been filed. 2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Wife Status Age Place of Status Age Place of Residence Residence (i) Before marriage (ii) At the time of filling the petition (Whether a party is a Hindu by religion or not is as part of his or her status). 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. That the respondent…….(one or more of the grounds specified in section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits. If ground as specified in clause (i) of Section 13 (i) is pleaded, the petitioner should give 41 particulars as nearly as he can, of facts of voluntary sexual intercourse alleged to have been committed. The matrimonial offences/offences charged should be set is separate paragraphs with the time and places of their alleged commission. 5. (Where the ground of petition is on the ground specified in clause (i) of sub-section (1) of Section 13. The petitioner has not in any manner been accessary to or connived at or condoned the acts(s) complained of). 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. That the petition is not presented in collusion with the respondent. 8. That there has not been any unnecessary or improper delay in filing the petition. 9. That there is not other legal ground why relief should not be granted. 10. That there have not been any previous proceedings with regard to the marriage by or on behalf of any part. Or There have been the following previous proceedings with regard to the marriage by or onbehalf of the parties: Serial Name of Nature of Number Name Result Parties Proceedings with and year of and location Section of that Act the case of court (i) (ii) (iii) (iv) 42 11. That the marriage was solemnized at……………. The parties last resided together at………… The parties are now residing at………………… (Within the local limit of the ordinary original jurisdiction of this Court.) 12. That the petitioner submits that this Hon‟ble Court has jurisdiction to try and entertain this petition PRAYER In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon‟ble Court may be pLeased to grant a decree of divorce under Section 13 of HMA in favor of petitioner. Any other relief/order/Direction this Hon‟ble Court may deem fit in the intrest of justice and equity. PETITIONER VERIFICATION: The above named petitioner states on solemn affirmation that paras 1 to_____of the petition are true to the petitioner‟s knowledge and paras_____ to ______ are true to the petitioner‟s information received and believed to be true by him/her. Verified at____________________ (Place) Dated_____________________________ PETITIONER [Note : An affidavits of petitioner is to be appended] 43 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI HMA PETITION NO. _______ OF 2017 IN THE MATTER OF: X______________________ … PETITIONER NO. 1 AND Y_______________________ … PETITIONER NO. 2 PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955 (NO. 25 TO 1955) Most Respectfully showeth: 1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies on______ at__________. A certified copy of the relevant extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested statting these facts is filed herewith. 2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Wife Status Age Place of Status Age Place of Residence Residence (i) Before marriage (ii) At the time of filling the petition (Whether a party is a Hindu by religion or not is as part of his or her status). 3. (In this paragraph state the place where the parties to the marriage last resided 44 together and the names of the children, if any, of the marriage together with their sex, dates of birth or ages.) 4. That the parties to the petition have been living separately since______ and have not been able to live together since then. 5. That the parties to the petition have mutually agreed that their marriage should be dissolved. 6. That the mutual consent has not been obtained by force, fraud or undue influence. 7. That the petition is not presented in collusion. 8. That there has not been any unnecessary or improper delay in instituting the proceedings. 9. That there is no other legal ground why relief should not be granted. 10. That the petitioners submit that this Court has jurisdiction to entertain this petition. PRAYER In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon‟ble Court may be pLeased to grant a decree of divorce on mutal consent thereby dissolving the marriage between petitioner No. 1 and Petitioner oNo. 2 on the ground of mutual consent. PETITIONER NO. 1 PETITIONER NO. 2 VERIFICATION The above named petitioner states on solemn affirmation that paras 1 to_____.of the petition are true to the petitioner‟s knowledge and paras______ to______ are true to the 45 petitioner‟s information received and believed to be true by him/her. Verified at_________________(Place) Dated___________________________ PETITIONER NO. 1 PETITIONER NO. 2 PETITIONS UNDER CONSTITUTIONAL LAW WRITS Meaning and evolution of the concept of Writs: The term „writ petition‟ in its general connotation means a Petition filed before the competent Courts, having prerogative powers, when some special and inherited rights of the people are infringed bu the government or its officials. in the common laws of English this term is well settled as a „prerogative writ‟ which means a writ special associated with then king. It resembled the extraordinary authority of the Crown/ Court. In English prerogative writs were issued only at the suit of the king but later on it was made available to the subject also. Habeas Corpus Habeas Corpus is a writ requiring the body of a person to be brought before a judge or Court. In other words, it is prerogative process for securing the liberty of the subject which affords an effective means of immediate reLease form unlawful unjustifiable detention whether in prison or in private custody. It is an ancient supreme right of the subject. Its object is the vindication of the right of the personal liberty of the subject. The High Courts and The Supreme Court have got a very wide power of protecting the liberty of subjects, under Art.226 and Art.32 respectively of the Constitution. These powers are to be exercised on 46 certain fixed judicial principles and not in an arbitrary manner. The jurisdiction can be exercised if the Court is satisfied that the detention is illegal or improper, where the Court can also embark upon an inquiry as to whether the enactment under which a person is detained is proper or not. A proceeding of habeas corpus is essential of a civil character, and is concerned with the personal liberty of a citizen. However, the power is exercised on the criminal side of the High Court‟s appellate jurisdiction. The High Courts and the Supreme Court exercise this power when satisfied that the matter is of urgency, and no other legal remedy is available. An application for habeas corpus may be made by any person interested in the liberty of the detenue without unreasonable delay; and it must be supported by an affidavit of the petitioner. Ordinarily a rule nisi (to show cause) is issued by the Court in the first instance. It is not open to Court to go behind the reasons given by Government for the detention, and it must see the motive of the impugned law and the bonafide of the Government. If the impugned detention has been induced by malafide and some other strenuous reasons and not for bonafide cause, it shall be quashed and the individual shall be set at liberty. Mandamus It is high prerogative writ of a most extensive remedial nature. The Supreme Court and high court have power respectively under Article 32 and Article 226 of the Indian constitution to issue this writ in the form of a command directing any person holding public office under the government or, statutory bodies or, corporation or, to an inferior Court exercising judicial or quasi-judicial function to do a particular act pertaining to his office or duty and which the court issuing the writ cinsiders to be the right of the petitioner and is in the interest of justice. It is not restricted to persons charged with judicial or quasi-judicial; duty only. It is issued only when there is a specific legal right, but not specific legal remedy to enforce that right. It lies for restoration, admission and election to office of a public nature so long the office is vacant. It may , also, lie for the 47 delivery , inspection and production of public books, papers and documents provided that the petitioner has a direct tangible interest in such books, paper and documents. It lies for the performance public duties which are not discretionary and compel public officials to perform such public duties. Mandamus will not be issued when any alternative remedy by way of appeal or any other renedy under any other statute is available. Article 32 is limited to the enforcement of fundamental right of part III of the Constitution only. Certiorari The writ of Certiorari may be issued to any judge, Magistrate or person or body of person or authority vested with judicial or quasi-judicial functions. An order of Certiorari is an order directing the aforesaid authorities and requiring them to transmit the record of the proceedings in any cause or matter to the High Court to be dealt with there. It may be issued when the decision complained is of an authority having the legal duty to act judicially or quasijudicially, and the authority has either no jurisdiction, or there is an excess of jurisdiction. Mainly it is issued for quashing decisions only. Prohibition The writ of prohibition is an order directed to an inferior Court or tribunal forbidding such Court or tribunal from continuing with the proceeding of any cause or matter. It is an appropriate writ „to a tribunal which threatens to assume or assumes a jurisdiction not vested in it, so long as there is something in the proceeding s left to prohibit.‟ The difference between a writ of Prohibition and Certiorari is that the former is issued to restrain a tribunal from doing an act before it is actually done, while the latter may be issue during the course of the proceeding of an act and even after the act is done and the proceeding is concluded. Both can be issued to the person, or body, or tribunal if charged with judicial or quasi-judicial duties. 48 Quo Warranto It is a writ questioning a right of a person holding an office of a public nature, and direct him to show an authority under which he is holding such office or exercising the right. In older days it lay against the crown who claimed or usurped any office, franchise or liberty for holding an enquiry by what authority he support his claim. Now, it may be issued any person holding the office of a public nature on the application of any person without alleging the violation of his any specific right. Any member of the public acting in good faith and whose conduct otherwise did not disentitle him to the relief can apply to the High Court for this writ. For instance, any registered graduate of any university can apply for the instance of this writ against any member of University Syndicate or Executive Council or Academic Council or any such other statutory body of that University. Likewise, a petition may lie against the Speaker, chairman or the parliament of state legislation or any other statutory or local bodies. If the opposite party failsto support his claim, he will be ousted from the office and may be ordered to pay fine and cost of the petition. IN THE HIGH COURT OF DELHI AT NEW DELHI (WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. ________OF2016 IN THE MATTER OF : X _________ S/o _________R/o ___________ PETITIONER VERSUS Muncipal Corporation of Delhi, Through Its Commissioner … RESPONDENT 49 WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT Respectfully showeth : 1. That the petitioner is a citizen of India residing at_______. The respondent is Muncipal Corporation of Delhi having their office at Town Hall, Chandni Chowk, Delhi. BRIEF FACTS :- 2. That the petitioner is aggrieved by the illegal appointments of daily wage workers by the M.C.D. office in defiance of Notification No. MCD/LF/01-103 dated 1.2.2014 which requires the M.C.D. to appoint only those person as Daily wage worker who are below the age of 30 years as an 01.10.2014. The said Notification was issued after it was duly approved. 3. That the petitioner is of 27 yrs of age and was working as a daily wage worker, when on 1.12.2014 his services were terminated without notice/prior intimation. The Petitioner during his service worked to the satisfaction of his superiors. The respondent has appointed Sh. Ompal, Sh. Ram and Smt Maya in defiance of the said notification M.C.D./LF/01-/03 at 01.02.2014 as all the three person namely Om Pal, Sh. Ram and Smt. Maya are more than 30 years of age as on 01.10.2014. The about named persons were appointed in utter disregard of Notification. The respondent,however, removed the petitioner from service although petitioner met the requirements.. That the Petitioner made representation to the respondent vide letter dated 1.12.2014, 2.1.2015 and also met the commissioner personally and apprised them of his grievance, however nothing materialized. 50 4. That in spite of oral and written representations the respondent have not cared to act and are maintaining stoic silence on the whole issue. 5. That the petitioner have thus approached the Hon‟ble court on amongst others the following grounds GROUNDS: (a) Because the action of the respondent is contrary to law and good conscience. (b) Because the action of the respondent is arbitrary, unreasonable, irrational and unconstitutional. (c) Because respondent have no right to play with the career of the petitioner. (d) Because the petitioner was removed from job inspite of the fact that he was below age and fulfilled all requirements. (e) Because respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their being overage and not meeting requirements of Notification No. MCD/LF/01-103 dated 1.2.2014. (f) Because the action of the respondent is bad in law (g) That the Petitioner craves, leave of this Honorable Court to add, amend, alter the grounds raised in this petition. 6. That the cause of action in present case arose on 1.2.2014 when the respondent brought out the Notification No. MCD/LF/01-103 dated 1.2.2014., it further arise when on 1.12.2014 the petitioner was removed from job inspite of the fact that he was below age and fulfilled all requirements, it further arose when respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their being overage and not meeting requirements of 51 Notification No. MCD/LF/01-103 dated 1.2.2014, it further arose when representations were made to respondent orally and in writing on 1.12.2014, and 2.1.2015. The cause of action further arose when respondent did not act inspite of the fact having brought to their notice. The cause of action is continuing one. 7. That the Petitioner has no other alternative efficacious remedy except to approach this Hon‟ble Court by way of this writ petition 8. That the petitioner has not filed any other similar writ petition either before this Hon‟ble Court or before the Supreme Court of India. 9. That there has been no undue delay in filing of this petition. 10. That the honorable court has territorial jurisdiction to entertain the writ petition. 11. That the requisite court fee of Rs. 50/- has been affixed on this petition. PRAYER : The petitioner most humbly prays that this Hon‟ble Court may be pleased to :- (a) issue appropriate writ in the nature of mandamus or any other appropriate writ directing the Respondents to cancel the illegal appointment made in disregard of Notification No. MCD/LF/01-103 dated 1.2.2003 : and (b) issue necessary directions to appointment of petitioner and (c) issue any other further order/orders or direction/directions as this Hon‟ble Court may deem fit and appropriate no the facts and the circumstances of this case. FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER PRAY. 52 Delhi PETITIONER Date________________ THROUGH ADVOCATE [NOTE : The petition will be supported by an affidavit] WRIT PETITION (CRL.) FOR ENFORCEMENT OF FUNDAMENTAL RIGHT IN THE HIGH COURT OF DELHI, AT NEW DELHI WRIT PETITION (CRL.) NO.______ OF 2016 IN THE MATTER OF: Mr._____ s/o Sh. ______, r/o ______ …..Petitioner Versus 1. Union of India, Through Secretary to the Govt. of India Ministry of Finance, Department of Revenue, North Block, New Delhi-11001 2. The Joint Secretary (PITNDPS), to the Government of India, Ministry of Finance, Department of Revenue, 53 Room No.26, Church Road, R.F.A. Barracks, New Delhi -110001 3. Director General, Directorate of Revenue Intelligence Delhi Zonal Unit, B-3 & 4, 6th Floor, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-110003 …..Respondents PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 SEEKING ISSUANCE OF A WRIT OF MANDAMUS AND/OR ANY OTHER APPROPRIATE WRIT, ORDER AND/OR DIRECTION IN THE NATURE THEREOF, THEREBY DIRECTING THE RESPONDENTS TO PLACE ON RECORD THE DETENTION ORDER DATED 10.09.2013 PASSED IN RESPECT OF THE PETITIONER ISSUED UNDER SECTION 3(1) OF THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 BY THE RESPONDENT NO.2, ALONGWITH GROUNDS OF DETENTION AND RELIED UPON DOCUMENTS AND SIMILAR MATERIAL IN RESPECT OF OTHER CO-ACCUSED PERSONS AND FURTHER SEEKING ISSUANCE OF A WRIT OF CERTIORARI AND/OR ANY OTHER APPROPRIATE WRIT, ORDER AND/OR DIRECTION IN THE NATURE THEREOF, THEREBY QUASHING THE SAID DETENTION ORDER PASSED AGAINST THE 54 PETITIONER MOST RESPECTFULLY SHOWETH: 1. That, vide the present petition the petitioner is challenging detention order dated 10.09.2013 issued under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short Act) by the respondent no.2 against him, in respect of which he has recently come to know, when some officials, claiming themselves to be police officials, visited his abovementioned premises in the first week of this month for its execution. It is worth mentioning here that similar detention orders were issued against even other co-accused persons, namely X and Y, which have been revoked on the recommendation of the Advisory Board, who did not find sufficient grounds for detention of those respective detenus. Copy of such a detention order bearing No. U-11011/1/2012- PITNDPS dated 10.09.2013 qua Mr. X is enclosed herewith as Annexure A. Copies of the grounds of detention passed in support of that detention order alongwith the list of relied upon documents are also enclosed herewith as Annexures B & C respectively. 2. That the allegations, as revealed from the grounds of detention in respect of his said co-accused, are that the petitioner was involved with other accused persons, in the activities of acquiring, possessing, hoarding, selling and exporting NDPS items. It is respectfully submitted that all the allegations as made in the grounds of detention are false, frivolous and motivated ones, which is also apparent from bare reading of grounds of detention and the documents, said to be relied upon at the time of passing 55 the impugned detention order, since even as per those allegations the petitioner has not committed any offence whatsoever under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short Act). It is further submitted that in order to falsely implicate the petitioner in the matter he was forced /coerced to make certain involuntary statements under section 67 of the Act, which have been duly retracted. Not only this, it is respectfully submitted that, the petitioner is made to understand that, even other co-accused were forced/coerced to make certain involuntary and incorrect statements from which even they have retracted at the first available opportunity. 3. That, the petitioner‟s case is fully covered by the exceptions, as laid down, by the Hon‟ble Supreme Court in Alka Subhash Gadia‟s case. It is respectfully submitted that recently the Hon‟ble Supreme Court in Deepak Bajaj vs. State of Maharashtra, 2010 (4) SCC (Cri) 122 has summarized the law on the issue as under: (a) Five grounds mentioned in Alka Subhash Gadia case, on which Court can set aside detention order at pre-execution stage, are illustrative and not exhaustive. It was also reiterated that judgment of a court is not to be read mechanically as a Euclid‟s theorem nor as if it were a statute, hence, cannot be constructed as such. (b) It was held that entertaining petition against preventive detention order at preexecution stage should be an exception and not a general rule. However, if a person against whom a preventive detention order is passed comes to court at pre-execution stage and satisfies the court that such order is clearly illegal, there is no reason why the court should stay its hands and compel him to go to jail even though he is bound 56 to be released subsequently because of illegality of such order. If a person, is sent to jail, then even if he is subsequently released, his reputation may be irreparably tarnished. Liberty of a persona is a precious fundamental right under article 21 and should not be lightly transgressed. (c) Non-placement of retractions of confessional statement and other relevant material before detaining authority vitiates detention order even at pre-execution stage. Hence, on facts, it was held that, as relevant materials were not placed before detaining authority, it vitiated the detention order. 4. That, therefore, under these circumstances, it is respectfully submitted that the impugned detention order dated 10.09.2013 is highly illegal and a nullity in the eyes of law and the same is liable to be quashed on the following amongst other grounds which are without prejudice and in addition to each other. GROUNDS A. Because though the impugned detention order was passed on 10.09.2013, but till date the same has not been executed, despite the fact that throughout this period the petitioner was available at home and was attending all his daily routine activities. Not only this, it is further respectfully submitted that, the petitioner was regularly appearing before the Trial Court in the prosecution proceedings, launched at the instance of the sponsoring authority. It is submitted that the long and undue delay in execution of the impugned detention order creates doubt about the genuineness qua subjective satisfaction of the detaining authority in detaining the petitioner 57 preventively. Therefore, in view of the exceptions of the Alka Subhash Gadia‟s case the impugned detention order is liable to be quashed. Copies of the relevant order sheet of the Trial Court in prosecution proceedings is enclosed herewith as Annexure D. B. Because the petitioner says and submits that the alleged incident took place on 23/24.10.11, however, no detention order was passed till 10.09.13, which clearly shows that there has been long and undue delay in passing the impugned detention order, which has snatched the nexus between the purpose of detention and the allegations, as made in the grounds of detention. Therefore, it is apparent that the detention order has been passed on stale incident and on this ground also the impugned detention order is liable to be quashed, more particularly when similar detention orders under similar circumstances have already been revoked by the respondent no.2, on the recommendation of the Advisory Board, who did not find sufficient cause for issuance of those detention orders. Therefore, in view of the exceptions of the Alka Subhash Gadia‟s case the impugned detention order is liable to be quashed on this ground also. C. Because the petitioner says and submits that a bare perusal of the enclosed grounds of detention clearly reflect that Sponsoring Authority did not place before the Detaining Authority following mentioned documents, which were very vital and material since they could have influenced the mind of the Detaining Authority one way or the other at the time of passing the impugned detention order. The Detaining Authority having failed to apply its mind to those documents rendered the impugned detention order 58 illegal and void. These documents are as under: It is submitted that in case these documents were placed before the Detaining Authority they were relied upon material and as such ought to have been part of the list of relied upon documents, which is not so. It is worth mentioning here that while demanding those documents, being relied upon documents, petitioner‟s coaccused/detenu had raised this ground in his representation dated 05.10.2013 (Annexure E). However, vide the memorandum dated 13.11.2013 (Annexure F), that representation was rejected casually and mechanically, which clearly substantiates abovementioned contention of the petitioner that the impugned detention order has been rendered illegal and void on account of non- placement of those documents. Therefore, in view of the exceptions of the Alka Subhash Gadia‟s case read with above mentioned Deepak Bajaj‟s judgment, the impugned detention order is liable to be quashed on this ground also. D. Because similar detention orders passed in respect of other co-accused persons in the matter have been found to be not issued for sufficient cause by the detaining authority and, therefore, were revoked at the instance of the Advisory Board, consisting of three Hon‟ble Judges of this Hon‟ble Court, by the respondent no.2. The petitioner is made to understand that the ground for revoking the detention orders in those cases was delay in passing the same. Under these circumstances, it is most humbly and respectfully submitted that, if the detention order passed against the petitioner also suffers from the same infirmity, no useful purpose would be serve by compelling him to go to jail, even though he is bound to be released subsequently because of illegality of such order. Therefore, it is respectfully prayed to this Hon‟ble Court that the respondents may kindly be directed to place on record all the material pertaining to 59 this case, including the detention orders and their consequence in respect of other coaccused persons, so that the true facts may be brought to the notice of this Hon‟ble Court. Therefore, on this ground also the impugned detention order may kindly be quashed. E. Because the petitioner / detenu says and submits that there is no nexus between the purpose of the detention and the allegations as made in the grounds of detention which clearly shows non application of mind on the part of detaining authority. Therefore on this ground also the impugned detention order is liable to be quashed. F. Because since the date of the passing of the impugned detention order, which is for a period of one year only, the petitioner has not come to the adverse notice of any law enforcing authority. Therefore, under these circumstances, purpose of the said detention order has already been served and nothing would be achieved by sending the petitioner into custody pursuant to the impugned detention order, which was passed about more than 1 ½ year back for his detention for a period of one year. It is respectfully submitted that, under these circumstances, purpose of passing the impugned detention order is no more preventive. Therefore on this ground also the impugned detention order is liable to be quashed. G. Because the petitioner/ detenu is a poor person and has clean antecedents. Even in this case he has been falsely implicated at the instance of the persons, inimical to him. It is respectfully submitted that he is sole bread earner of his family, which includes his old ailing parents, wife and minor children. It is further submitted that grave injustice has been done to the petitioner by executing the impugned detention order, 60 which is even otherwise very draconian in nature, being violative of principles of natural justice. It is submitted that, the impugned detention order is unconstitutional. It is further respectfully submitted that initiation of mere prosecution proceedings were sufficient to prevent the petitioner from indulging in the alleged prejudicial activities. Therefore, on this ground also the impugned detention order is liable to be quashed. H. Because it is enjoined upon the respondents to show to this Hon‟ble Court that the impugned detention order is in conformity with the provisions of Constitution and is not illegal, failing which they would render the impugned detention order illegal and void. I. Because it is further enjoined upon the respondents to show to this Hon‟ble Court that all the bare minimum safeguards, available in such kind of cases, seeking detention of the persons without trial, have been followed, failing which they would render the impugned detention order illegal and void. J. Because the impugned detention order is not only contrary to the facts of the case but also contrary to the settled principles of law. 5. That, the annexures annexed with this petition are true copies of their originals. 6. That, no similar petition has been filed either before this Hon‟ble Court or any other Court including the Hon‟ble Supreme Court of India. 7. That, the petitioner has no other efficacious remedy other than to file the present petition. 61 PRAYER In view of foregoing it is most respectfully prayed that: (i) a writ of mandamus and/or any other appropriate writ, order and/or direction in the nature thereof may kindly be issued thereby directing the respondents to place on record the abovementioned detention order, issued under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short Act) by the respondent no.2 against the petitioner dated 10.09.2013 alongwith the grounds of detention and relied upon documents, besides the similar material in respect of other co- accused/ detenus, who were detained earlier on the same set of facts and circumstances; and (ii) further a writ of certiorari and/or any other appropriate writ, order and/or direction in the nature thereof may kindly be issued thereby quashing the abovementioned detention order dated 10.09.2013, passed by the respondent no.2; and/or (iii) any other order, as may be deemed fit and proper under the facts and circumstances of the case may also be passed in the matter in favour of the petitioner and against the respondents. Petitioner New Delhi Dated: Through: Advocates IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No. OF 2016 62 (From the Impugned Judgment and Final Order dated 19.12.2014 passed by the High Court for the State of Punjab and Haryana at Chandigarh in C.M. No. 8507-C-OF 2002 in R.A.No. 14-C of 2002 in R.S.A. No. 2543 of 2001). IN THE MATTER OF: Manohar …. EXPECTED PETITIONERS VERSUS Improvement Trust Phagwara. Distt. Kapurthala, Punjab …. EXPECTED RESPONDENT/ CAVEATOR CAVEAT UNDER ORDER XV OF THE SUPREME COURT RULES 2013 To, The Registrar Supreme Court of India New Delhi Sir, Let nothing be done in the above mentioned matter without notice to the undersigned. The parties as arrayed in the High Court are the same in this Hon‟ble Court. Filed on ___________________ Yours faithfully Advocate-on-Record for Caveator Article 136 0f the Constitution of India vests the Supreme Court with the power to grant Special leave to appeal against any decree,order or,judgement in any cause or matter passed by any court or tribunal in the country. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 63 ORDER XXI OF THE SUPREME COURT RULES 2013 SPECIAL LEAVE PETITION (CIVIL) No. OF 2016 (Arising out of Judgment and order dated 14.12.

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