SEMESTER X (B.Com LL.B.

) DATE- 01-06-2020

26

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 ..........................
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 way
of the suit for specific performance and not sent for specific performance.
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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
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
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...................
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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 may be
verified and supported by affidavit]

*****
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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.
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 Through
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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.)
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Sec 25 of CPC 1908 states that on an application made by a party and after notice to the
parties and after hearing them the Supreme Court may at any stage if satsfied that such
a order is needed in the interest of justice may under this section order that any suit,
appeal or any other proceeding be transferred from a High Court or other civil court in
one state to High Court or other civil court in another state.

IN THE SUPREME COURT OF INDIA

ORIGINAL CIVIL JURISDICTION
TRANSFER PETITION (CIVIL) NO. _____ OF 2017

(UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, READ WITH

ORDER XXXVI, SUPREME COURT RULES.)

IN THE MATTER OF:

J ___________ S/o __________ R/O ________ … PETITIONER
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Defence,
South Block,New Delhi-110001
2. Chief of Air Staff,
Vayu Bhawan,
New Delhi-110001.
3. Air Officer Commanding –in-Chief
Western Air Command,
Subrato Park, New Delhi-110010
4. Group Captan A ______
Station Commander, Air Force
Station Suratgarh.
5. Presiding Officer
Court Martial, Subrato Park,New Delhi. … RESPONDENTS

AND IN THE MATTER OF:

TRANSFER OF CIVIL WRIT PETITION NO.727/2015 FILED BY
THE PETITIONER AGAINST THE RESPONDENTS PENDING
IN THE HIGH COURT OF DELHI AT NEW DELHI, TO THE
HIGH COURT OF JUDICATURE AT ALLAHABAD.
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To
The Hon‟ble Chief Justice of India, And his Companion Justices of the Hon‟ble
Supreme Court of India at New Delhi
The above named petitioner most
respectfully, showeth as under:
MOST RESPECTFULLY SHOWETH
1. That the petitioner is seeking Transfer of Civil Writ Petition No.727/2015 filed by the
Petitioner against the respondents pending in the High Court of Delhi at New Delhi, to the
High Court of Judicature of Allahabad, titled “JWO BP Misra Versus Union of India & Ors.”
2. BRIEF FACTS:
i. The Petitioner joined as Airmen in the Trade Flight Mechanic Air Frame and later
after conversion course became Air Frame Fitter after passing the necessary examination and
training. During the period petitioner also gained a promotion to the rank of Corporal,
Sergeant and later Junior Warrant Officer – Class-II, a Gazetted post. The Petitioner was also
awarded three good conduct badge Pay each after 4 year of Services for very good character
and good proficiency in his trade. There was no whisper of any kind of misconduct while
working at various places during 22 year of service as per the directions of the Respondents.
The same is a matter of record and speaks in volumes about the Character and Trade
proficiency of the petitioner.
ii. The Petitioner got his last rank after passing due examination and consideration of
last Annual Confidential Report (ACRS) Significantly in the year 1998 the Petitioner was
awarded in assessment 94 / 100 as exceptional which speaks about the high caliber of the
Petitioner in his trade.
iii. The Petitioner was compelled to file a Redress of Grievances ROG against
Respondent No.6 for non grant of leave and unwanted harassment in many ways i.e. sending
on temporary duty assigning Secondary Duties, not granting of leave and denial of even
monthly salary for four months which is a matter of record. The Petitioner has one son
suffering with asthmatic problem and came on posting to present place as per the Medical
advice of the authorities.
iv. The Petitioner was charge sheeted and later the same was dropped as he has
complained about the grievances against his Squadron Technical Officer (STO) for illegal
harassment.
v. The petitioner has to face the wrath of his previous Commanding Officer (C.O.) and
Squadron Technical Officer (S.T.O.) by means of various methods of harassment which even
adversely affected the health of his one son and even wife was got effected by Tuberculosis.
The harassment of the respondents did not end there and hence continued which compelled
the Petitioner to file a application for interview with the Station Commander but all in vain.
vi. The Petitioner applied for further extension of service after fulfilling all the
conditions. The Petitioner was compelled to raise redressal of Grievances ROG against the
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Respondent No.6 Commanding Officer Wg. Cmr. Raj Shekhar. This further aggravated the
attitude of the Commanding Officer and Squadron Technical Officer (STO).
vii. The petitioner has all the apprehensions of his life as such filed a FIR at the Police
Station for seeking protection from the officials of the Respondents. The Security Officer of
the Respondents gave undertaking before the Police on behalf of Respondents that no harm
will be done to the Petitioner. After withdrawing the Complaint by the Petitioner, the
Petitioner was immediately sent on temporary duty to Nalia in Gujarat due to irritation of
complaint. The Petitioner had no alternative but to proceed as directed without being his turn.
The harassment of the Petitioner continued at the behest of the Respondent No.6
Commanding Officer C.O. and his Subordinates. After strong and heavy earth quake in whole
of the Gujarat in the morning the Petitioner was directed to go back to his Unit knowing fully
well of non-availability of transport which was totally abandoned due to the earth quake, the
same is matter of record. However the Petitioner has to beg for his food and somehow
reached his unit to avoid wrath of the Respondents by way of disciplinary action for mis-
conduct of not disobedience.
viii. The Petitioner aggrieved by such highhandedness of the Respondents filed an Appeal
under 26 of Air Force Act for redressal of his grievances. The Petitioner gave a reminder for
disposal of his appeal under Section 26 of the Air Force Act. The Appeal was rejected without
speaking order with stereo type of order devoid of merits. The Petitioner filed application for
permission to file Civil Case and for grant of leave. The same was not granted by the
Respondents and even denied the acknowledgment of the receipt. Application for extension of
service was rejected and ordered to be discharged.
ix. The Petitioner was posted out to Nalia with effect from 25.6.2014 at the behest of
Respondents 5 and 6 knowing fully well that Petitioner is likely to be discharged from service
with effect from May, 2015 and he is not to be disturbed in his last days of service as per the
custom and usage of service.
x. The Petitioner applied for cancellation of his posting as Nalia is a wet place and sons
is suffering from Asthma besides there is no education facilities beyond Class-XII which
would effect the career and studies of the Children of the Petitioner. It is also a matter of
record that Petitioner‟s wife is suffering from Tuberculosis and is under the treatment of the
Respondent‟s Medical authorities. The Petitioners application was not even forwarded in time
to the higher authorities.
xi. The Petitioner applied for leave but was not granted. The Petitioner was directed to
clear the unit by way of clearance certificate and proceed on posting without disposal of leave
application under Escort forcibly. There was direct threat from Commanding Officer C.O. and
no assistance was provided by Police.
xii. The Petitioner again was under threat of his posting under escort and danger to his
life at the hands of the Respondents. The Petitioner feeling apprehension of danger to his life
as such came to Delhi to see higher authorities but all in vain. As such decided to file a Writ
Petition before this Hon‟ble Court. As similarly one Sgt Pathak of 737 SU was killed in
mysterious circumstances, petitioner has apprehension of raising Mental checking Form P-10
making/declaring a mental case. The Petitioner filed a Writ Petition for cancellation of his
transfer posting. The Hon‟ble Vacation Judge directed to produce the transfer policy and
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adjourned the matter to 2.7.2014. On 2.7.2014, the Petitioner failed to procure the policy as
such the matter was again adjourned to 4.7.2001. On 4.7.2014 the matter was again adjourned
to 13.8.2014 as even the Respondents Lawyer failed to produce the transfer policy of the
Respondent just to avoid the wrath of the Hon‟ble Court.
xiii. The Petitioner being relieved of his fear due to the interference of the Court, joined
his duty at the then place of posting and informed and prayed for regularization of the leave.
The Petitioner was charge sheeted for „Absent without leave‟ (AWOL) and disobedience
order by not going on posting as directed to Nalia.
xiv. The charge sheet tried by Commanding Officer C.O. without jurisdiction in a
discourteous manner asking the Petitioner to remove his Cap and Belt like Non-
Commissioned Officer ignoring willfully the status and rank of the Petitioner who is junior
warrant officer-Class-II Post, for which no such procedure is prescribed. The Ist Summary of
evidence was ordered without application of Rule 24 of A.F. Rules, 1969 which prescribes
principles of natural justice. The Petitioner prayed for loan from his Air force Public
Provident (AFPP) fund to meet the legal expenses and the same was denied by the
Respondents and the same is a matter of record.
xv. The Petitioner‟s posting was cancelled to avoid the wrath of this Hon‟ble Court.
Accordingly Writ Petition No.3978/2014 was allowed by this Hon‟ble Court, however,
without specifying the date of absence, Respondents got orders for disciplinary action against
Petitioner. It is worth while to note that petitioner also come to Delhi to avoid death threat of
Respondent No.4 and 6.
xvi. All Application under Section 26 of the Air Force Act, was rejected by Chief of Air
Staff, Respondent No.2 without speaking order again in Stereo Type order devoid of merits,
hence rejected. This is usual order in all such appeals u/s. 26 of Air Force Act, 1950 is matter
of record. The Respondents themselves admitted the illegalities in the record of summary of
evidence is also a matter of Record. The Petitioner again filed Appeal under Section 26 of the
Air Force Act for redressal of his grievances as prescribed under the Act. The Petitioner was
orally threatened to abstain from raising such applications.
xvii. The Petitioner was put under Close arrest without informing his family as even
directed by the Hon‟ble Supreme Court in D.K. Basu‟s case, which curtails the liberty of the
Petitioner in a illegal manner. The reasons are yet to be known. The Petitioner sought
interview with the Station Commander which was granted later on 9.10.2001. The Station
Commander instead of redressing of the grievance and consoling the Petitioner for his illegal
close arrest, further threatened the Petitioner with a dire consequence and of further putting
him under close arrest and threatened for Court Martial.
xviii. The Petitioners Summary of Evidence 2nd is completed in any illegal manner
without providing him a copy of the previous Summary of Evidence which is mandatory to
meet the requirements of principles of Natural Justice. The petitioner is now informed that he
is likely to Court martialled by way of GCM. and since last 4 months the Petitioner is under
constant threat of disciplinary action at the hands of the Respondents for no fault of his where
as all officials under the Respondents have joined hands together to harass the Petitioner by
all means and make example case for others. The Petitioners extension application is also
rejected as the last Respondent has spoiled his ACR for the year 2003 and 2005 without any
 35

communication to the Petitioner or in a Counseling to the Petitioner as provided under the

provisions of the Air Force Act. Hence Writ Petition No.727 of 2015 filed for initiation of
appropriate enquiry and disciplinary action against the officials for illegal harassment of the
Petitioner and for quashing of the ACRs 2003 & 2005 and subsequent order of discharge.
xix. Petitioner filed C.W.P. No. 6989 of 2014. In spite of several directions of the Hon‟ble
Court, the Respondent did not filed the Counter – Affidavit in time and the same is now fixed
for 11.2.2015. Respondents decided to conduct General Court Martial in retaliation to certain
observations and queries by this Hon‟ble Court to explain the reason of close arrest in
September, 2014. That no legal aid or defence Advocate was provided. All members were
ignorant about law and worked at the tune of the Judge Advocate and all pleas of petitioner
were disallowed in arbitrary manner. Preliminary objections were not taken by General Court
Martial on record. The Petitioner approached Hon‟ble High Court of Delhi by way of Civil
Misc. Application in which notice was issued. General Court Martial without adhering to law
and provisions and principles of natural justice passed the order, “to be reduced to the rank of
Cpl. From JWO (JCO) subject to confirmation.” The copy of the order was not given to the
Petitioner to deprive him to approach this Hon‟ble Court. The Petitioner was released form
open arrest which speaks in volumes about the high-handedness of the Respondents to
deprive him of any legal aid or counseling by any one. Proceeding copy of General Court
Martial were denied to the Petitioner by which denied the statutory right of Appeal u/s 161 (1)
of Air Force Act. Even affidavit of defence witness was not taken on record. The Court orders
dated 4.7.2014 and 13.8.2014 were not taken on record by the General Court Martial which
were passed for illegal posting which actuated the absence of the Petitioner.
xx. The Petitioner was discharged. Pension stopped Regular threat to life is given as
numerous incidents of elimination of Airmen who raise voice against commissioned officers.
The Petitioner is in bad financial state and has no money to meet his day to day expenses. The
petitioner has no means to incur heavy expenditure in travelling to Delhi for conduct of his
case. The petitioner also feels that his life will be put to an end by the respondents. Fearing
safety of his life the petitioner has moved his family bag and baggage to District Pratap Garh
(U.P.). That the High Court of judicature at Allahabad are near to the place of residence of the
petitioner and the petitioner feels that the writ Petition No. 727 of 2015 titled B.P. Mishra V/s
U.O.I. be transferred to the High Court of Judicature at Allahabad as the petitioner has no
trust and faith in the respondent and they can stoop to any level and the petitioner fears for his
life. Hence the petitioner is seeking transfer of his case to the High Court at Allahabad.
3. This Transfer Petition is being filed by the Petitioner for transferring the Civil Writ
Petition No.727/2015 filed by the Petitioner at the High Court of Delhi at New Delhi on
amongst others the following grounds.
GROUNDS
I. Because the Petitioners have no trust and faith in the respondents as they are
prejudiced and using influence and every other illegal method to defeat the petitioner. Thus
the petitioner is seeking the transfer of the case from the High Court of Delhi at New Delhi to
High Court of Judicature at Allahabad.
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II. Because the petitioner have no trust and faith in Opposite party as they had in past
acted with malice and making life threatening attempts and petitioner fears for his and of his
family‟s life.
III. Because the petitioner is discharged from service and is not getting Pension and dues
and petitioner is reduced in state of penury and is not in a position to conduct case in Delhi.
IV. Because on 31.5.2015 the Petitioner was discharged. His pension stopped and he
received regular threat to life is given as numerous incidents of elimination of Airmen who
raise voice against commissioned officers.
V. Because the Petitioner is in bad financial state and has no money to meet his day to
day expenses. The petitioner has no means to incur heavy expenditure in travelling to Delhi
for conduct of his case. The petitioner also feels that his life will be put to an end by the
respondents. Fearing safety of his life the petitioner has moved his family bag and baggage to
District Pratapgarh (U.P.). That the High Court of judicature at Allahabad are near to the
place of residence of the petitioner and the petitioner feels that the writ Petition No. 727 of
2015 titled B.P. Mishra V/s U.O.I. be transferred to the High Court of Judicature at Allahabad
as the petitioner has no trust and faith in the respondent and they can stoop to any level and
the petitioner fears for his life.
VI. Because in the facts and circumstances stated above, it would be in the interest of
justice that the said Civil Writ Petition No. 727/2002 filed by the petitioner against the
respondents pending in the High court of Delhi at New Delhi be transferred to High Court of
Judicature at Allahabad (U.P.). Even otherwise there is no likelihood of disposal of writ
petition No. 727/2015 due to heavy back log of cases. The copy of the civil writ petition
No.727 / 2015 is Annexure P-1.
4. That the petitioner has not filed any other similar transfer petition before this Hon‟ble
Court so far in respect of this matter.
PRAYER
In view of the above facts and circumstances, it is respectfully submitted that this
Hon‟ble Court may be pleased:
a) To pass order for transfer of the Civil Writ Petition No. 727/2015 filed by the
Petitioner against the respondent titled “JWO BP Mishra Vs. Union of India” from High
Court Delhi at New Delhi to the High Court of Judicature at Allahabad.
b) Any other and further order as may be deemed fit and proper may also be passed.

FILED BY:

DATE OF DRAWN _______________

DATE OF FILING ADVOCATE FOR THE PETITIONER
NEW DELHI

[NOTE : To be supported by an affidavit]

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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
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 decree-
order
6. Whether any application was made
previous to this and if so their dates
and results
7. Amount of suit along with interest as
per 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

sought
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The Decree Holder prays that the execution of the decree passed in the case may be granted

Decree Holder

Verification

I,______ S/o _____ R/o __________ do hereby verify that the contents of this application are

true to my knowledge or belief.

Decree Holder

Through

Advocate of Decree Holder

* 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: