UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

DRAFTING OF PLEADING AND

CONVEYANCE

PROJECT REPORT ON

“STRUCTURE OF A PLAINT AND AN

APPLICATION FOR EXECUTION OF A
DECREE”

Submitted by- Jasmine

Semester- VIII

Section- A

Roll No.- 40/17

Submitted to- Dr. Harman Shergill

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https://blog.ipleaders.in/

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TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 4

PARTICULARS TO BE CONTAINED IN PLAINT ............................................................... 4

ESSENTIAL PARTS OF PLAINT ........................................................................................... 5

HEADING AND TITLE ........................................................................................................ 5

Heading ............................................................................................................................... 5

Title..................................................................................................................................... 5

WHEN THE PLAINTIFF OR DEFENDANT IS A MINOR OR PERSON OF UNSOUND

MIND.................................................................................................................................. 6

WHEN PLAINTIFF SUES IN REPRESENTATIVE CHARACTER............................... 6

BODY OF THE PLAINT ...................................................................................................... 7

1. CAUSE OF ACTION- ................................................................................................ 7

2. JURISDICTION OF COURT ..................................................................................... 8

3. VALUATION OF SUIT ............................................................................................. 8

4. LIMITATION ............................................................................................................. 9

5. SUIT NOT BARRED BY RES JUDICATA .............................................................. 9

6. NO OTHER ALTERNATIVE OR EFFICACIOUS REMEDY ................................. 9

RELIEF .................................................................................................................................. 9

SIGNATURE AND VERIFICATION ................................................................................ 11

PLAINT STRUCTURE ........................................................................................................... 11

CONCLUSION ........................................................................................................................ 12

APPLICATION FOR EXECUTION:...................................................................................... 13

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 ACKNOWLEDGEMENT
I would like to extend heartfelt thanks to Dr. Harman Shergill for her guidance and motivation
throughout the semester. It is due to her constant efforts in making the subject so
understandable and stirring. She provided us with study material, samples of drafts and cleared
every doubt. She helped develop a fondness for subject and was always available to assist
during these trying times. Making this project was a pleasure and I really thank her for the
opportunity.

Also, I would like to thank my friends, who helped me with my project by providing material
and answer all queries. They really motivated towards timely submission of project.

I would also like to thank my parents for providing me with resources to work on this project.

Jasmine

B.A. LL.B. (Hons.)

Semester- VIII

Section- A

Roll No.- 40/17

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INTRODUCTION
Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his
explanation for action. Plaint is the first pleading in a civil suit and a suit is instituted by filing
a plaint2. It is cause of action of the plaintiff relying upon which he seeks relief from the court.
Therefore, while drafting a plaint it is necessary for the plaintiff to state explicitly his cause of
action and the relief for which he wants the assistance of the court.

Order 6 Rule 1 of CPC which deals with Pleadings Generally defines pleading as “Pleading
shall mean plaint and written statement”. However, the word plaint has not been defined in
the CPC, but in general terms it can be defined as a document which states a cause of action,
by means of which the suit is instituted and which brings the machinery of the court into action.
It is the pleading of the plaintiff, wherein he states the relief claimed from the opposite party.

Order 7 CPC deals exclusively with plaint. Rule 1 of the Order enumerates the particulars of
the plaint. The rule is reproduced as follows:

PARTICULARS TO BE CONTAINED IN PLAINT

The plaint shall contain the following particulars:

(a) the name of the Court in which the suit is brought.

(b) the name, description and place of residence of the plaintiff
(c) the name, description and place of residence of the defendant, so far as they can be
ascertained.
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement
to that effect
(e) the facts constituting the cause of action and when it arose
(f) the facts showing that the Court has jurisdiction
(g) the relief which the plaintiff claims
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished

2
CPC, 1908, Order4 Rule 1

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

ESSENTIAL PARTS OF PLAINT

For the purpose of convenience, plaint is divided into four parts:

1. Heading and Title

2. Body of the Plaint
3. Relief claimed
4. Signature and verification

HEADING AND TITLE

Heading: Plaint begins with the name of the court in which the suit is brought, and it is written
at the head of the plaint, e.g., “IN THE COURT OF CIVIL JUDGE, CHANDIGARH”

It is followed by the number of the suit in the next line.

Suit No. ------ of 2021.

Title: Next to heading, comes the title consisting of:

i) The name, description and place of residence of the plaintiff,

ii) the name, description and place of residence of the defendant, so far as they can be
ascertained.

The word "description" includes the name of the father, age and other particulars necessary to
identify a person. When the number of plaintiffs or defendants in more than one, it is imminent
that each of them should be described properly and it can be done by giving a serial number to
each of them so that it becomes convenient to refer them by their serial number in the pleadings,
e.g., plaintiff no 1 or plaintiff no. 2 or defendant no. 1 or 2 as the case may be. In this context
it becomes important to refer to Order 1 of CPC which deals with parties to the suit. Thus, all
the necessary parties must be joined in a suit.

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WHEN THE PLAINTIFF OR DEFENDANT IS A MINOR OR PERSON
OF UNSOUND MIND
A minor or insane person cannot sue or be sued except through a next friend (in case of
plaintiff) or a guardian ad litem (in the case of defendant). So, when any of the parties is minor
or a person of unsound mind, it should be specifically mentioned in his pleading and the name
and the description of the person through whom he sues or is sued should also be stated e.g.

AB, son of……….. a minor, by CD, son of…………. his next friend

........ Plaintiff

Versus

EF, son of …….., a minor, by GH, son of……….. his guardian

………Defendant

WHEN PLAINTIFF SUES IN REPRESENTATIVE CHARACTER

Sometimes when a number of persons have identical cause of action, a representative suit may
be filed by any of them representing all. 07, R4 states that when the plaintiff sues in a
representative character, the plaint shall show not only that he has an actual existing interest in
the subject matter, but that he has taken the steps (if any) necessary to enable him to institute a
suit concerning it. Thus, if all the students of a particular class have common grievance against
the college management, it is not necessary for all of them to institute separate suits against the
management. Any one of them can file a representative suit and mention it in the heading of
the plaint, e.g.,

AB, son of CD, suing on behalf of himself and of all the students of B.A. LL.B. (Hons).

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BODY OF THE PLAINT
Second part is body of the plaint which contains the plaintiff's cause of action and all other
matters which he is legally required to state. It should be divided into short paragraphs, each
containing ordinarily one fact. The statement is prefaced by the words:

RESPECTFULLY SHOWETH

Body of the plaint contains following particulars

1. CAUSE OF ACTION- In case of plaintiff, cause of action constitutes all the material
facts which he must allege in order to show that he has a genuine grievance against the
defendant. These are statements which give to the plaintiff a right to relief against the
defendant and by which he can convince the court to award relief to him. Whether any
particular fact constitutes a cause of action has to be determined with reference to the
facts of the case, taking into consideration the substance of the matter. It is also essential
for the plaintiff to state specifically the date of accrual of cause of action so as to enable
the defendant as well as the court to ascertain whether the cause of action alleged by
the plaintiff did arise or not. Further, the purpose behind the requirement that the plaint
should indicate when the cause of action arose is to help the court in ascertaining
whether the suit is not barred by limitation. Thus, it is the date of cause of action which
makes the cause of action complete e.g., in case of breach of contract, the date of the
breach.
The date of cause of action should as far as possible be precisely given and not vaguely
such as previous to "June 5, 2021". Where, however, the exact date is not known,
plaintiff can use the words "on or about the date". Order 6 Rule 2(3) states that dates,
sums and numbers shall be expressed in pleading in figures well as in words.
In Kuldeep Singh v. Ganpat Lal3, Supreme Court observed that the object of Order
7, Rule 1(e), which requires the plaintiff to disclose cause of action and when it arose,
is to enable the court to find out whether the plaint discloses cause of action, because if
it doesn't, it is liable to be rejected under Order 7, Rule 11 of CPC.

3
AIR 1996 SC 729

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 Further, the plaint shall show that the defendant is or claims to be interested or the
subject matter, and that he is liable to be called upon to answer the plaintiff's demand.
Money suits: where the plaintiff seeks the recovery of money, the plaint shall state the
precise amount claimed. But when the plaintiff sues for mesne profits, or for an amount
which will be found due to him on taking unsettled accounts between him and the
defendant, or for movables in possession of the defendant, or for debts of which the
value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall
state approximately the amount or value sued for.
Suits for immovable property: Where the subject matter of the suit is immovable
property, the plaint shall contain a description of property sufficient to identify it and,
in case, such property can be identified by boundaries or numbers in a record of
settlement or survey, the plaint shall specify such boundaries of numbers.

2. JURISDICTION OF COURT- Plaint must state all the facts which show how the
court has pecuniary and territorial jurisdiction over the subject matter of the suit. It is
the plaint on the basis of which the forum is decided. The jurisdiction does not depend
upon the defence taken by the defendant and if the jurisdiction of the court is disputed
by the defendant, an issue would be framed to that effect and this issue would be tried
first before the other issues are tried. The plaint must show on which ground the court
has jurisdiction, e.g., "that the defendant resides within the jurisdiction of this court",
or "that the property in respect of which this suit is brought lies within the jurisdiction
of this count". The facts relating to jurisdiction must be specified keeping in view
Sections 16, 17, 18, 19 and 20 CPC which lay down rules for determination of forum
for the purpose of filing a suit, e.g., suits relating to immovable property must be filed
in the court within the local limits of which the property is situated. The facts relating
to jurisdiction should be clearly stated in the body of the plaint and not left to be inferred
from the place of the residence of the defendant stated by the plaintiff in the heading of
the plaint.

3. VALUATION OF SUIT- Valuation of the suit for the purposes of court fees and
jurisdiction of court must be specifically stated in the plaint, though both may be stated
in one paragraph. Where several claims or relieves arise out of one and the same cause
of action, the valuation of the suit is the aggregate of the valuation of all the claims and
relief there under. In a suit for possession of a house valued at Rs.75,000, and for
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 recovery of Rs. 10,000 as damages for wrongful possession, the allegation should be:
"the value for the purposes of jurisdiction and court fees is Rs. 85,000, because the two
claims arise out of the same cause of action." Where, however, alternative relives are
claimed, the value for the purpose of court fees is the value of the larger relief.
4. LIMITATION- The fact that the plaint is filed by the plaintiff within the time period
prescribed by Indian Limitation Act, must be specifically stated by the plaintiff. Even
if the plaintiff's claim is barred by limitation and plaintiff seeks to rely upon any ground
of exemption, such ground should be pleaded by the plaintiff. If the ground of
exemption is not alleged, the plaint is liable to be rejected under Order7, Rule 11(d).
If the plaintiff does not show any ground of exemption, he can be granted leave to
amend his plaint by stating the ground of exemption. The proviso added to Rule 6 of
Order 7 by the Amendment Act of 1976 empowers the court to permit the plaintiff to
rely on a new ground for exemption if it is not inconsistent with the grounds mentioned
in the plaint.
5. SUIT NOT BARRED BY RES JUDICATA- while drafting plaint, it is mandatory
for the plaintiff to state that the suit is not barred by res judicata, i.e., no other litigation
is pending or ever decided between the parties in respect of the subject matter other
Court of law.
6. NO OTHER ALTERNATIVE OR EFFICACIOUS REMEDY: the plaintiff must
specify his plaint that no other efficacious remedy is available to the plaintiff except
file the suit in the present form.

RELIEF
Every plaint must state specifically the relief claimed by the plaintiff either simply or in
alternative and it shall not be necessary to ask for general or other relief which may always be
given as the court may think just to the same extent as if it had been asked for. Thus, in addition
to the relief specifically claimed by the plaintiff, it is always open to the court any general relief
which it deems fit per the facts of the case. General relief is usually sought by the plaintiff in
the terms, "any other relief which the plaintiff may be found to be entitled." But the court cannot
give any general relief which is inconsistent with the specific relief claimed in the plaint. Thus,
if a plaintiff sues for declaration of a title under a sale deed, he cannot be allowed to succeed
on the basis of a title by adverse possession.

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Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded
upon several and distinct grounds, they shall be stated as far as may be separately and distinctly.
Where the plaintiff omits to state any relief, he will have to make an application for amendment
within the period of limitation for adding that relief. If the plaintiff can claim more than one
relief on the same cause of action, he must claim all, and if he doesn't he shall not be entitled
to bring a new suit for the omitted relief unless the omission in the first suit was with the leave
of the court.4

It is always open to the plaintiff to ask for an alternative relief even though it may be
inconsistent provided that it is maintainable and not prohibited by any law. Where a question
arises as to whether the plaintiff has asked for a particular relief in his plaint, the plaint must
be read as a whole and regard must be had to the substance of the matter and not to the form.
Even when alternative relief has been prayed for, the court before granting the same must
record finding that it is impossible to grant the main relief. Nor can a court allow a person more
than he himself claims, but it is the duty of the court to mould the relief according to the facts
proved, which however, should not be inconsistent with pleading.5

In granting reliefs which have not been specifically asked for, the powers of the court under
Order 7 Rule 7, CPC are circumscribed by the necessity that larger relieves than what has
been claimed by the plaintiff cannot obviously be granted. But where the plaintiff has come
with a claim of larger relief but is found entitled to a lesser one, in appropriate case the suit
need not be dismissed and such lesser relief may be granted to him if it is found to be just and
proper and further such relieves are not wholly inconsistent with the original claim nor takes
the defendant by surprise so as to deprive him of the opportunity to lead any evidence to the
contrary. In Managobinda v. Brajabandhu Misra (Orissa)6, the suit was brought by the
plaintiff/appellant for declaration of title, confirmation of possession and for permanent
injunction restraining the respondent defendant from interfering with the possession of the
appellants-plaintiffs. Court passed the decree for joint title and possession along with
permanent injunction restraining the respondent from preventing the appellants from exercising
their joint possession over the disputed property.

4
Order 2 Rule 2(3)
5
M.I.Singhal, G.C.Mogha, “Law of Pleadings in India (with precedents)”, 15th Edition, Eastern Law House, New
Delhi (2000)
6
AIR 1986 Orissa 281

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SIGNATURE AND VERIFICATION
After the relief has been claimed by the plaintiff, the plaint is signed by the plaintiff and his
pleader (if any). Order 6 Rule 14 provides that where a party pleading is, by reason of absence
or other good cause, unable to sign the pleading, it may be signed by any person duly authorized
by him to sign the same or to sue or defend on behalf of himself. Thus, in case of inability of
the plaintiff to sign the plaint due to any reason like illness or being out of the country, the
plaint may be signed by any person authorized by the plaintiff in this regard.

After signature, the plaint is verified and the provisions of Order 6 Rule 15 apply to the
verification of plaint. Order 6 Rule 15 is reproduced as follows:

“Verification of Pleading- (1) Save as otherwise provided by any law for the time being in
force, every pleading shall be verified at the foot by the party or by any one of the parties or
by some other person proved to the satisfaction of the court to be acquainted with the facts of
the case.

(2) The person verifying shall specify, by reference to the numbered paragraphs of the
pleading, what he verifies by his own knowledge and what he verifies upon information
received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on which
and the place at which it was signed.

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

The distinction between the requirements of signature and verification is that, while the
pleading should be signed only by the party or any one of the parties or authorized agent,
verification can be made by any person who is acquainted with the facts of the case. This is
due to the fact that while the signatures are necessary to show that the pleading has been filed
with the approval and knowledge of the party, the object of verification is only to fix the
responsibility for the statements made therein. As false verification is an offence under Indian
Penal Code (Section 199), the responsibility for verification is very great and should be realized
by the parties.

PLAINT STRUCTURE
1) Title

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 a. Name of the court
b. Name and full description of Plaintiff(s)
c. Versus/ vs.
d. Name and full description of Defendant(s)
2) Short claim
3) Body of Plaint
a. Matters of inducement
b. Cause of action
c. Demand and refusal
d. Claim
e. Jurisdiction clause
f. Valuation of suit and court fees clause
4) Relief clause
5) Signatures of Plaintiff and his advocate, if any
6) Verification Clause
7) Verifier’s signature and its attestation by Oath Commissioner
8) List of Documents or Annexures
a. Documents not in possession- list to be attached with the plaint
b. Power of attorney, if plaint filed through counsel

CONCLUSION
A plaint is important in sense it is the first and foremost step towards institution of the suit.
Therefore, due care has to be taken to ensure that the procedure required for the initiation of
plaint has been duly recognised and plaint is well drafted.

It is mandatory to follow protocol by stating relevant facts, necessary details, refrain from
providing evidence and mention the kind of relief envisaged so that the plaintiff may be dully
benefitted.

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APPLICATION FOR EXECUTION:

IN THE COURT OF MR. VIKAS SOOD, ADDITIONAL CIVIL JUDGE (SENIOR

DIVISION), CHANDIGARH

Execution Petition No. - ……..of 2021

Anne Frank, aged 24 years, D/o Otto Frank R/o House No. - 123, Sector 13B,

Chandigarh

………Decree Holder

Versus

Peter Schiff, aged 32 years, S/o Van Schiff R/o House No. – 456, Section 31B,

Chandigarh

…….Judgment Debtor

Execution Application under Order 21 Rule 11 of

Code of Civil Procedure, 1908

RESPECTFULLY SHOWETH:

The decree holder applicant prefers the execution of the decree dated June 5, 2021

(05.06.2021), the particulars of which are given as under:

1. Number of the suit Civil Suit No. – 111 of 2021

2. Name of Parties As in cause title above

3. Date of Decree 05.06.2021

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4. Whether any appeal has been filed from No

the decree?

5. Whether any, and (if any), what No

payment or other adjustment of the

matter in controversy has been made

between the parties subsequently to the

decree?

6. Whether any, and (if any), what No

previous application have been made

for the execution of the decree, the date

of such applications and their results?

7. The amount with interest (if any) due The suit of the plaintiff stands

upon the decree, or otherwise relief decreed and plaintiff is entitled to

granted thereby, together with recover Rs 5,00,000/- (Five Lakh

particulars of any cross – decree, Rupees Only) along with future

whether passed before or after the date interest @ 9% per annum from the

of the decree sought to be executed date of filing of the suit till the date

of decree and future interest @ 6%

per annum from the date of decree

till its realization. Decree should be

drawn accordingly. File be

consigned to record room

8. The amount of the cost (if any) awarded Rs 180/- awarded by this Hon’ble

Court

9. Name of the person against whom Respondent/ JD

execution of the decree is sought

10. Mode in which the assistance of the By issuing warrants of attachment

court is required of property situated at # 234, Sector

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 16, Chandigarh belonging to the

Respondent/Judgment Debtor and

sale of the same property.

It is, therefore, respectfully prayed before the Hon’ble Court that

a) The property of judgment debtor be attached in execution of the decree.

b) The property attached be sold and from the sale proceed the amount referred

above be paid to the decree holder.

Place: Chandigarh

Dated: 10.06.2021 Decree Holder

Through Counsel

(Jasmine)

Advocate

P- XXXX-2015

VERIFICATION

Verified that the contents of the above-mentioned execution petition are true and

correct to my knowledge and belief. No part of it is false and nothing relevant

material has been concealed therein.

Place: Chandigarh

Dated: 10.06.2021 Decree Holder

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 SELF-ASSESSMENT
BEFORE STUDY OF THE SUBJECT AND PREPARATION OF
PROJECT

I was very doubtful about how I will survive in actual courts, how to put things I have learnt
so far into actual use. I thought learning drafting would be a tedious task. I was unaware of lot
of terms used in legal drafts. I was not very sure if I will be able to understand a draft. Whenever
I would look at a real plaint or written statement, I had a tough time understanding how it is
made.

AFTER STUDY OF THE SUBJECT AND PREPARATION OF PROJECT

This has become my favourite class. The lectures are very enriching. I really understood how
drafting is to be done. With a little practice, I can draft more effectively and efficiently. Concept
of adding a verification really intrigued me. I feel really independent and understand concepts
of Code of Civil Procedure, 1908 better now. I am able to read real pleadings I come across
during the day and it gives me immense joy that I am no more ignorant about how they are
drafted. Drafting is one of the most important things to know for a law student/ lawyer. I am
really glad I know basics of it. I really enjoyed group sessions. They helped keeping in touch
with people I lost contact in during pandemic. There is always more to learn and I am very
excited about exploring world of drafting more.

BIBLIOGRAPHY
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Bare Act referred:

• Code of Civil Procedure, 1908

Web Sources:

• https://www.lawnn.com/
• http://thelawnotes.com/
• https://blog.ipleaders.in/

Other Sources:

• Notes provided in class

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