B.A.LL.B.

Part- IV (Eighth Semester)

Paper -I : Drafting, Pleading and Conveyancing

Unit-I

1) Meaning, Scope and Object of Pleadings

2) Plaint and written statement
3) Fundamental rules of Pleadings
4) Place of Suing
5) Frame of suits and its essentials
6) Parties to suit
7) Plaint in suit for injunction
8) Plaint in suit for specific performance
9) Plaint in suit for breach of contract
10) Plaint in suit for accounts by the Principal against the agent
11) Suit for partition and possession
12) Suit for damages for malicious prosecution
13) Application for eviction of tenant under the East Punjab Rent
Restriction Act, 1949
14) Application to set aside exparte decree
15) Application for appointment of guardian of a minor
16) Written Statements

Unit-II

1. Petition for Dissolution of Marriage under Section 13 of the Hindu Marriage

Act, 1955
2. Petition for Restitution of Conjugal Rights under Section 9 of the Hindu
Marriage Act, 1955
3. Petition for Decree of Nullity of Marriage under Section 11 & 12 of the Hindu
4. Marriage Act, 1955
5. Petition for Judicial Separation under Section 10 of the Hindu Marriage
Act,1955
6. Complaint for Maintenance of Peace and Order under Section 107 of the Code
of Criminal Procedure, 1973
7. Complaint for Public Nuisance
8. Complaint for defamation
9. Application for Maintenance under Section 125 of the Code of Criminal
Procedure, 1973
10. Application for Bail
11. Application for Anticipatory Bail
12. Meaning, Object and Functions of Conveyancing
13. Components of deeds
14. Agreement to sell property
15. Sale Deed
16. Gift Deed
17. Mortgage Deed
18. Lease Deed
19. Deed of Exchange
20. Will
21. Power of Attorney
22. Notice
 Paper -I : Drafting, Pleading and Conveyancing
Unit-I

--Meaning, Scope and Object of Pleadings

INTRODUCTION

Pleadings are the foundation stone on which the case of a party stands. The case of a
party must be set out in the pleadings. Order VI of the Code of Civil Procedure, 1908
deals with pleading in general. Rules 3 to 13 require the parties to supply necessary
particular details in the pleading. Rule 14 and Rule 15 provide for the verification and
signature of pleadings. The Court has been given the power to strike out unnecessary
pleadings have been made in Rule 16. Rule 17 and Rule 18 contains provisions
relating to the amendment of pleadings.

-Meaning of Pleading

The term “Plead” generally means to request or ask for something in an emotional or
humble manner. This request can be made either orally or in written format or in any
other form to signify the request being made by one before another person or entity
which is in a position to entertain and grant or reject such request. The content of such
request, in general, is known as pleading.

According to Mogha[1], “Pleadings are statements in writing drawn up and filed by

each party to a case, stating what his contentions will be at the trial and giving all such
details as his opponent needs to know in order to prepare his case in answer”.

Rule 1 of Order VI defines pleading; it clearly states pleading is to mean either a

plaint or a written statement. A plaintiff’s pleading is his plaint, a statement of claim
in which the plaintiff sets out his cause of action with all the necessary details and
particulars. The defendant’s pleading is his written statement, it is a defence in which
the defendant deals with every allegation brought by the plaintiff in the plaint and also
adds any other information which might help the defendant in the case.

Pleading is the backbone of a suit on which the fate of the suit rests. This stance has
also been affirmed by the Supreme Court in Devki Nandan v. Murlidhar[2], here the
apex court held that a finding of the court, that is any point of determination
established by the court is null and void if it is based on materials and facts not
mentioned in the pleading.
-Nature and Scope

The concept of amendment of pleadings can be traced back to the decision of the
Privy Council in the case of Ma Shwe Mya vs. Maung Mo Huang.[viii] The Court
observed that the rules of Courts are nothing but provisions intended for securing the
ends of justice and all those rules must be subordinate to achieve that purpose. For that
to be achieved, full powers of amendment must be enjoyed and liberally exercised by
the courts and it has added a caveat that an amendment cannot be made to substitute
one cause of action for another.
Order I, Rule 10 confers the power to the court either to add or strike off a party to the
suit. The right of the court either to add or subtract the parties can be exercised
either suo moto or by an application of the party.
The situations wherein the amendments to the pleadings should or should not be
allowed cannot be laid down by a court of law in a straight jacket formula. It must be
decided on case-by-case basis. However, this rule applies to other proceedings such as
execution proceedings, arbitration proceedings, petitions under Special Marriage Act
etc.

Leave To Amend When Granted

The general rule is that the leave to amend will be granted so as to enable the real
question on issue between the parties to be raised in the pleadings, where the
amendment does not cause any injury to the opposite party[ix]. Now let us look at the
approach of the judiciary in solving this issue. This job helps us in tracing the
evolution of the law relating to the amendment of proceedings.
Generally, the courts grant the leave to amend the proceedings if such allowance
enables the court to decide the real matter in controversy. Provided that, it does not
cause injustice to the other party. In Suraj Prakash vs. Raj Rani[x], the Supreme Court
held that liberal principles should guide the court in the exercise of discretion in
allowing amendment. It said that the multiplicity of proceedings should be avoided
and the amendments which might change the character of the case must not be
allowed. It also added a caveat that the subject matter of the suit must not be changed
by that.
Though the courts were granted unfettered discretion to decide whether to grant the
amendment or not, but it is subjected to misuse. The classic rule is, the wider the
discretion, the greater the misuse. This power of the courts must be exercised
properly, reasonably and non-arbitrarily.

The amendment can be simply refused when it is not necessary to determine the real
question in controversy. The leading decision on this point is Edwian vs. Cohen[xi]. In
this case, A’s furniture was wrongfully removed by B and C. A filed a suit against B
for damages and later he sued C for the same wrong. Later, C sought an amendment
that judgment against B is bar against the suit against him. The application was
rejected as it was not necessary to decide the real issue in controversy.

-Object

Lord Jessel in the landmark case of Throp v. Holdsworth[3] explained the objects and
purposes of a pleading in a judicial proceeding. He stated that the objective of
pleadings is to narrow down the larger issues into specific issues, also refraining from
enlargement of issues. Pleadings help both the parties know the facts and
circumstances of the case brought by the adverse party and hence save time and
expense.

Thus on analyzing Lord Jessel’s explanation the objects of a pleading can be enlisted
as follows:

o To bring parties to specific issues

o To prevent surprise and miscarriage of Justice

o To avoid unnecessary expense and trouble

o To save public time

o To eradicate any irrelevance in the suit

o To assist court in reaching a proper and fruitful conclusion

Rules of Pleading

The rules of pleading maybe divided into two parts for better understanding:

o Fundamental or Basic Rules

o Particular or Other Rules

Fundamental or Basic Rules: Sub Rule (I) of Rule 2 of the code lays down the
fundamental rules of pleading. It states, “Every pleading shall contain, and contain
only a statement in a concise form of the material facts on which the party pleading
relies for his claim or defence as the case may be, but not the evidence by which they
are to be proved”
When the above provision is analyzed, we get the following general principles:

o Pleadings should state facts and not law

o The facts stated should be material facts.

o Pleadings should not state the evidence

o The facts should be stated in a concise form

The principles shall be discussed in detail:

1. Pleadings should state Facts and not Law: The first fundamental principle
of pleadings is that they should only state facts and not the law. In the case of
Kedar Lal v. Hari Lal[4] the court held that it is the duty of the parties to state
only the facts on which they rely upon for their claims. The court further said
that it is the duty of the court to apply the law to the facts pleaded. The court
in Gouri Dutt Ganesh Lall Firm v. Madho Prasad[5] summarised the law of
pleading in just four words, “Plead facts not Law”

Therefore a custom or usage is a question of fact which must be specifically pleaded,

also intention is a question of fact and it must be pleaded. Similarly waiver or
negligence is a plea of fact which must be mentioned in the pleading. However a plea
about maintainability of a suit raises a question of law and thus need not be
pleaded[6].

In Ram Prasad v. State of Madhya Pradesh[7] it was held that a mixed question of law
and fact however should be specifically pleaded. Again in Union of India v. Sita Ram
Jaiswal[8] the court held that a point of law which is required to be supported by facts
should be pleaded with necessary facts.

o The Facts stated should be Material Facts: The second principle of

pleadings is that they should contain a statement of material facts only.
However the term “material facts” has not been defined in the code. The
Supreme Court in Udhav Singh v. Madhav Rao Scindia[9] has defined
material facts as, all the primary fact which needs to be proven at the trial by a
party to establish the existence of a cause of action or his defence are material
facts.

It has been observed by the courts that what type of facts or information would
amount to material fact is a subjective issue and depends on the circumstances of a
case and thus differs from case to case.
 o The Pleadings should state facts and not evidence: The third fundamental
rule of pleadings says that in pleadings, evidence of facts distinguished from
the facts itself need not be pleaded. In other words, the pleadings should
contain a statement of material fact on which a party relies but not the
evidence by which such facts are to be proved.

Facts are of two types:

o Facta Probanda: The facts required to be proven (material facts)

o Facta Probantia: The facts by means of which they are to be proved

(particulars or evidence)

The pleadings should only contain the Facta Probanda or the material facts of the case.
The material facts on which the plaintiff relies for his claim or the defendant relies on
for his defence is called the Facta Probanda. The Facta Probanda must be mentioned
in the plaint or written statement. However the evidence by means of which the
material facts are to be proved which is known as Facta Probantia need not be stated
in pleadings. They are not the fact in issue but only are the relevant facts which
required to be proved at the trial in order to establish the fact of the issue.

o The Pleading should be Concise: The fourth and the last fundamental rule of
pleadings states that pleadings should be drafted with sufficient brevity and
they should also be precise. In Virendra Kashinath v. Vinayak N. Joshi[10],
the court observed that pleadings should be brief and concise, also niggling
should be avoided. However that does not amount to the fact that essential
facts need to be omitted or missed in an attempt to get brevity in pleadings.

Every pleading should be divided into paragraphs and sub paragraphs. Each allegation
should be contained in separate paragraph. Dates, totals and numbers should be
mentioned in figures as well as in words.

Other Rules of Pleadings

Rules 4-18 of Order 6 of the Code contain the other rules of pleadings over the ones
discussed above.

The rules may be summarized as:

o Wherever misrepresentations, fraud, breach of trust, willful default or undue
influence are pleaded in the pleadings, particulars with dates and items should
be stated. (Rule 4 of Order VI of the Civil Procedure Code, 1908)

o The performance of a condition precedent need not be pleaded since it is

implied in the pleadings. Non-performance of a condition precedent, however,
must be specifically and expressly pleaded. (Rule 6 of Order VI of the Civil
Procedure Code, 1908)

o Generally departure from pleading is not permissible and except by way of

amendment, no party can raise any ground of claim or contain any allegation
of fact inconsistent with his previous pleadings (Rule 7 of Order VI of the
Civil Procedure Code, 1908)

o A bare denial of a contract by the opposite party will be construed only as a

denial of factum of a contract and not the legality, validity or enforceability of
such contract. (Rule 8 of Order VI of the Civil Procedure Code, 1908)

o Documents need not be set out at length in the pleadings unless the words
therein are material. (Rule 9 of Order VI of the Civil Procedure Code, 1908)

o Wherever malice, fraudulent intention, knowledge or other condition of the

mind of a person is material, it may be alleged in the pleading only as a fact
without setting out the circumstances from which it is to be inferred (Rule 10
of Order VI of the Civil Procedure Code, 1908). Such circumstances really
constitute evidence in proof of material facts

o Whenever giving of notice to any person is necessary or a condition

precedent, pleadings should only state regarding giving of such notice,
without setting out the form or precise term of such notice or the
circumstances from which it is to be inferred, unless they are material. (Rule
11 of Order VI of Civil Procedure Code, 1908)

o Implied contracts or relations between persons may be alleged as a fact, and

the series of letters, conversations and the circumstances from which they are
to be inferred should be pleaded generally. (Rule 12 of Order VI of Civil
Procedure Code, 1908)

o Facts which the law presumes in favour of a party or as to which the burden
of proof lies upon the other side need not be pleaded. (Rule 13 of Order VI of
Civil Procedure Code, 1908)
 o Every pleading should be signed by the party or one of the parties or by his
pleader. (Rule 14 of Order VI of Civil Procedure Code, 1908)

o A party to the suit should supply his address. He should also supply address of
the opposite party. (Rule 14-A of Order VI of Civil Procedure Code, 1908)

o Every pleading should be verified on affidavit by the party or by one of the

parties or by a person acquainted with the facts of the case. (Rule 15 of Order
VI of Civil Procedure Code, 1908)

o A Court may order striking out a pleading if it is unnecessary, scandalous,

frivolous, and vexatious or tends to prejudice, embarrass or delay fair trial of
the suit. (Rule 16 of Order VI of Civil Procedure Code, 1908)

o A Court may allow amendment of pleadings. (Rule 17 of Order VI of Civil

Procedure Code, 1908)

o Forms in Appendix A of the Code should be used wherever they are

applicable. Where they are not applicable, forms of like nature should be
used. (Rule 3 of Order VI of Civil Procedure Code, 1908)

o Every pleading should be divided into paragraphs, numbered consecutively.

Each allegation or averment should be stated in a separate paragraph. (Rule
2(2) of Order VI of Code of Civil Procedure, 1908)

o Dates, totals and numbers should be written in figures as well as in words

(Rule 2(3) of Order VI of Code of Civil Procedure, 1908)

Amendment of Pleadings

Amendment is the formal revision or addition or alteration or modification of the

pleadings. Many a times the party may find it necessary to amend his pleadings before
or during the trial of the case. Rule 17 of Order VI provides that the court may at any
stage allow either party to alter or amend his pleadings in such manner or terms as
maybe just and all such amendments shall be made as necessary for the purpose of
determining the real questions in controversy between the parties. Proviso to Rule 17
of Order VI as inserted by Civil Procedure Code (Amendment) Act, 2002 restricts and
curtails power of the court to allow amendment in pleadings by enacting that no
application for amendment should be made after the trial has commenced, unless the
court comes to the conclusion that in spite of due diligence the party could not have
raised before the commencement of trial.
Object of Amendment to Pleadings

The object of the rule of pleadings is that the court should try the merits of the cases
that come before them and should consequently allow all amendments that maybe
necessary for determining the real question in controversy provided it does not cause
injustice or prejudice to the other party. The amendment is necessary for determining
the real questions in controversy between the parties. Amendment in pleading helps
the parties correct their mistakes in the pleadings. In the case of Cropper v. Smith[11],
the court stated that the object behind amendment of pleadings is to protect the rights
of the parties and not to punish them for the mistake made by them in the pleadings

Circumstances under which Amendment of Pleadings can be granted

In the case of Kishan Das v. Vithoba Bachelor [12] the court stated that there are
two certain conditions to be satisfied before granting leave for amendment of
pleadings :

o The grant of leave should not lead to injustice to another party.

o The Amendment of pleading is necessary for determining the real question of

controversy between parties.

Further in the case of Rajkumar Gurwara Thr. L.Rs v S.K. Sarawagi and Co. Pvt.
Ltd. And Anr[13], the honourable supreme stated conditions when amendments of
pleadings can be allowed they are:

o When nature of the case will change by allowing application for amendment
of appeal

o When a new cause of action arises by allowing application of an amendment

o When Amendments of pleadings defeats the law of limitation

Other points on which amendment of pleadings is granted:

o When the application of amendment is filed to avoid multiplicity of suits

o When parties in the plaint or written statements wrongfully described

o When plaintiff omits to add some properties to the plaint

When if an amendment to pleading refused?

Pleading to an amendment can be refused by the court on several grounds. The

grounds on which an amendment to a pleading could be refused are stated
below:

o An application of amendment of pleadings maybe rejected by the court when

the proposed amendment is not necessary for determining the real question of
controversy between the parties

o An application of amendment of pleadings is rejected when it leads to the

introduction of a new case or changes the fundamental character of the case.
In the case of Modi Spg. Mills v. Ladha Ram & Sons[14] the Supreme Court
held that “the defendant cannot be allowed to change completely the case
made in certain paragraphs of the written statement and substitute an entirely
different and new case”

o An application to amendment of pleading maybe refused by the court when

the proposed alteration or modification is unjust.

o The court may refuse the amendment to the pleading if the application for the
amendment violates the legal right or cause injustice to the other party

o An application for amendment of pleading maybe refused when it leads to

needless complications in the case.

o The Court may refuse the application to amendment if there has been an
excessive delay in filing the suit.

o The court shall not grant any application for amendment of pleadings if it has
been made with malafide intentions.

o The court may also refuse the application to amendment of a pleading if even
after several opportunities to the parties to apply for amendment they failed to
do so.

Conclusion

As mentioned earlier, pleadings are the backbone of a trial. It is the foundation stone
on which the case of a party stands. The proper formulating of pleading determines
the future of the case. Pleading from the side of the plaintiff is the Plaint and the reply
to the allegations made in the plaint is known as Written Statement. The plaint may
also be amended subject to the conditions and requisites as stated above.

[1] Mogha’s Law of Pleadings (1983) at p.

[2] Devki Nandan v. Murlidhar, AIR 1957 SC 133

-
--Plaint and written statement

What is Plaint?
Plaint is a legal document that contains the plaintiff's claim presented before a civil
court of competent jurisdiction. It is a pleading of the plaintiff and the first step taken
for the institution of a suit. Now, what all is comprised within a plaint? The contents
and essentials of the civil suit are laid out in a plaint, including the plaintiff's claim. It
showcases the grievances of the plaintiff & the causes of action that can arise out of
the suit. It hasn't been defined in the CPC, but it has been laid down under Order VII
of the CPC.

Particulars of A Plaint

 Name of the court where the suit is initiated.

 Name, place, & description of the plaintiff's residence.

 Name, place, & description of the defendant's residence.

 A statement of unsoundness of mind or minority in case the plaintiff or the

defendant belongs to either of the categories.

 Facts which led to the cause of action and when it arose.

 Facts which point out the jurisdiction of the court.

 The plaintiff's claim for relief.

 The amount allowed or relinquished by the plaintiff just in case.

  A statement containing the value of the subject matter of the suit as admitted by
the case.

Written statement
A written Statement is nothing but a reply from the defendant to the plaint led by the
plaintiff. it is the pleading of the defendant where he deals with the material fact
alleged by the plaintiff in his plaint and also elucidates any new fact favouring him or
taking legal objections against the plaintiff's claims in the plaint. In a written statement
defendant can deny the allegations made in the plaint against him. Apart from this, he
can also claim to set off any sums of money payable by the plaintiff to him as a
counter-defence (Order 8 Rule 6). On the other hand, if the defendant has any claim
against the plaintiff concerning any matter in the issue raised in the plaint, he can
separately file a counter-claim alongside his written statement (Order 8 Rule 6A to
6G)

Who may file a written statement?

A written statement may be filed by the defendant or by his duly authorized agent. In
the case of more than one defendant, the common written statement led by them must
be signed by all of them. However, it will suffice if it is verified by one of them who
is aware of the facts of the case.

The time limit for a written statement

A written statement must be filed within thirty days from the service of the summons
on him. The said period can be extended up to ninety days.

Difference between Plaint and Written Statement

S. No. Plaint Written Statement
A legal document stating the A defence statement
cause of action and other comprising all material facts
1.
mandatory particulars and other details against the
supports the plaintiff's claim. plaint is a “written statement”.
It is filed by the plaintiff
It is filed by the defendant as a
2. stating its facts and relief to be
reply to the plaintiff's claims.
claimed by the plaintiff.
 It contains name of the court,
it contains all materials and
name, place, and description
other objections that the
of the plaintiff's & defendant’s
defendant might place before
residence, a statement of
the court to admit or deny the
unsoundness of mind, cause of
plaintiff's claim.
action, relief claimed, etc.
A written statement must be
Plaint is the first stage in a filed within 30 days from the
3. civil suit for the institution of date of receipt of the copy of
the suit. the plaint. (extended to 90
days)
A general denial of grounds
Generally, it is divided into
alleged in the plaint is not
parts like- a heading, the cause
sufficient, and denial has to be
4. title, the body, the prayer, the
specific and must be
signature & verification of the
substantiated with documentary
plaintiff.
evidence.
Every allegation of fact in the
Plaint must contain the name,
plaint, if not denied
5. description and residence of
specifically, shall be deemed to
the defendant.
be admitted.
Order VII of CPC deals with Order VIII of CPC deals with
6.
the plaint. written statements.
Conclusion
With this, we can finally conclude by saying that in today’s time, disputes regarding
property, family or personal affairs, etc., have risen, and so has the need to have
knowledge as a lawyer of how one can institute the suit or put claims before the court.
Therefore, one must be aware of the terms such as plaint or written statement under
CPC.

--Fundamental rules of Pleadings

Fundamental Rules of Pleading

The Code of Civil Procedure was amended in 1976, by a select committee of eminent
lawyers, who possessed the necessary knowledge of the legal process in India, and
subsequently, redrafted Orders 6, 7 and 8 of the Code. These Orders are the most
important in the context of pleading and drafting. Appendix A to the Code also
contains certain forms of pleading that come in handy during cases.

Order 6 of the Code lays down the four fundamental rules of pleading. They are:

1. Every pleading must state material facts on which the party relies (facta
probanda). Unnecessary facts must not be stated. The facts so pleaded
will be validated through laws by the court.
2. Pleading must state facts and not law. A question of law need not be
pleaded, but a question of fact should be pleaded. In case the question is
one where facts and laws are mixed, that question needs to be
specifically pleaded[4].
3. The pleading must not contain any evidence of the facts presented. Once
the issues (facta probantia) are settled, only then will the facts be
authenticated through evidence. Also, only material facts should be
stated. Material facts are those which must be proved by a party to a trial
to establish the cause of action or defence[5].
4. All material facts need to be stated concisely. To be concise is to mean
that the facts presented must be to the point and not vague or implied.
Every fact should be stated separately, and the pleading must be in
paragraphs, with numbers. Dates, figures and amounts should be
mentioned in digits as well as in words.
Foreign laws are not taken notice of by Indian courts. Therefore, they should be stated
as facts and not laws. Also, any condition precedent the performance of which is to be
contested also needs to be specified in the pleading[6]. Customs and usages in trade
and business need to be pleaded as facts, and such customs that have been recognised
by courts time and again automatically acquire the force of law and need not be
pleaded repeatedly. Facts of negligence, rights and liabilities, wrongful and unlawful
acts need to be pleaded specifically as well.

As far as the stating of material facts is concerned, there are two points in this regard.
Firstly, where the matter of a document is material to the suit, only the effect of the
document can be stated unless any part of the document or some specific words are
not to be taken into account.[7] Secondly, matters of inducement, which are primarily
the preliminary points in a plaint, mentioning the background of the parties and how
they are related, can be stated in the pleading, even though they are not material facts.
This is allowed both in England and in India.
In contractual matters, the mere denial of a contract is not sufficient, denial of the
facts of a contract and inadequacy in law needs to be mentioned specifically.[8]

General Points

The names and places must be mentioned with correct spellings and the spellings must
be the same throughout the pleading. The use of pronouns should be avoided so that
confusion is not created. The plaintiff and the defendant must be mentioned by the
word ‘plaintiff’ and ‘defendant’ in the pleading. If the parties on either side are more
than one, then the names of the parties along with their side (plaintiff/defendant) can
be used. All facts must be presented boldly and personal language must be avoided at
all costs, because it alters the case. Ifs and buts should be avoided, as well as complex
sentences. Facts should not be unnecessarily repeated. Notices, if not directly material,
shall be stated as facts[9]. Implied contracts and relations shall be referred to as facts,
and such relations, whether established through letters, emails, etc. can be referred
generally, without details[10].

Pleadings should always be signed by the party and their advocate[11], and
verification must also be done[12]. In case the dispute is with a company, the
secretary or any principal officer of the company is responsible for signatures and
verification.

The law permits a person to rely on more than one right and similarly, the defendant
can also take up more than one defence. Pleadings can be amended, but only
according to Order 6 Rule 17 of the Code of Civil Procedure.

--Place of Suing

Place of suing

Section 15 to 20 deals with the place of suing

There are three kinds of jurisdiction to determine the place of suing:-

 Territorial jurisdictions
 Pecuniary jurisdictions
 Subject matter jurisdiction
Whenever the suit is brought before the court the first question is to determine is
whether the court has a jurisdiction to deal with the matter. If the court has all these
(territorial, pecuniary, or subject matter jurisdiction then only the court has the power
to deal with the case. In the case, if the court does not have any of the above-
mentioned factors then it will be considered as lack of jurisdiction or the irregular
exercise of jurisdiction. when the court who does not have jurisdiction decide the case
and give decision then such decision will be considered as void or voidable depending
upon the different circumstances.

Pecuniary jurisdiction ( Section 15)

Every suit shall be instituted in the court of lowest grade competent to try it. The word
competent denotes that the court must have the power to hear the case with regards to
pecuniary jurisdiction. The court of lowest grade who has a jurisdiction with regards
to pecuniary value shall deal with the case at first instance.

The issue arises:- who will determine the value of the suit?

Ordinarily, the plaintiff makes the valuation of the suit for the purpose of determining
the pecuniary jurisdiction of the court unless it prima facie appears to the court that
the valuation was not done correctly. When the court finds that the valuation was
either done overvalued or undervalued, then the valuation will be done by the Court
and the court will direct the party to approach the appropriate forum.

The jurisdiction of the court is decided by the plaintiff valuation but not the amount
for which decree is passed.

Lets us understand from an example, if the court has a pecuniary jurisdiction of Rs

15000 and the suit for recovery of accounts is filed on the valuation of suit done by
the plaintiff. The valuation was of Rs 15000. Later the courts find that Rs 20000 is
due, in this case, the court is not deprived of its jurisdiction to pass a decree for that
amount.

It is the valuation done by the plaintiff to determine the jurisdiction of the court. But
this does not mean that the plaintiff is set free to file for any arbitrary value and to
choose the court in which he wants to file a suit.
When the court finds that valuation is done improperly for the purpose of avoiding the
jurisdiction of the appropriate court, the court may require the plaintiff to prove that
valuation was done in a proper manner.

Territorial Jurisdiction (Section 16 to 20)

It is divided into:-

 Suits related to immovable property ( Section 16 to 18)

 Suits related to Movable property ( Section 19)
 Other suits( Section 20)
Section 16 states that the suit related to immovable property shall be instituted where
such immovable property is situated.

It talks about the institution of the suit with respect to:-

 Recovery of immovable property with or without profit or rent

 Partition of immovable property
 Foreclosure, sale or redemption in case of charge or mortgage upon
immovable property
 Compensation for a wrong caused to immovable property
 Determination of any interest or rights related to immovable property
 Recovery of movable property under attachment or distraint, for all the
above-mentioned purpose.
When the suit is filed for the relief or compensation for wrong caused to immovable
property held by a defendant or any other person on the behalf of a defendant where
the relief can be obtained through his personal attendance then suits may be instituted
in a court within whose local jurisdiction:-

 the property is situated, or

 the defendant voluntarily and actually resides or carries on business or
personally for gains.
Section 17:-Cases in which the immovable property is situated within the local limits
of the jurisdiction of different courts.
When the suit is filed for obtaining the compensation or relief for the wrong caused to
immovable property situated within the jurisdiction of two or more courts, the suit
may be filed in any court within whose local jurisdiction a portion of the property is
situated. But in respect for the value of subject matter of the suit, the entire claim is
cognizable by such court.

Section 18– A place of an institution when the jurisdiction of courts is uncertain

When there is uncertainty with regards to the local limits of the jurisdiction of courts,
and any of the courts has satisfied that there is a ground for uncertainty, record the
statement and may proceed with the case to entertain and dispose of the case. The
decree passed by such court will have the same effect as if the property was situated
within the local limits of its jurisdiction.

In a case where the court taking the cognizance of case does not record the statement
and objection is brought before Appellate or Revisional Court, the Appellate or
Revisional court shall not allow the objections unless it is satisfied that at the time of
institution of suit there was no reasonable ground for uncertainty as regards to
jurisdiction of Court and there has been a failure of justice.

Section 19– Suits with regard to movable property

When Applicable

Where the suit is for the wrong caused to the person or property.

Conditions

 If the wrong was done within the local limits of the jurisdiction of one court
and

 The defendant voluntarily resides or carries on his business or works for

personal gain within the local limits of the jurisdiction of another court then
the plaintiff has an option to file at either court.
Lets us understand through an example

A, residing in Delhi, beats B in Bangalore. B may institute the suit either in Delhi or
Bangalore.
A residing in Bangalore, publishes a defamatory statement of B in Delhi. B may sue A
in Bangalore or Delhi.

Other suits to be instituted where defendants reside or cause of action arises (Section
20)

When Applicable

When there is a breach of contract or commercial transactions

Conditions

 If the breach of contract was done or cause of action arises within the local
limits of the jurisdiction of one court
And

 Defendant voluntarily resides, carries on his business or works for personal

gains within the local limits of the jurisdiction of another court the plaintiff
has an option to file at either court
Example

C is a tradesman in Bangalore, D carries on business in Hyderabad. D, by his agent in

Bangalore, buys goods from C and requests C to deliver them to Amarchand
Company. C delivers the goods in Bangalore accordingly. C may sue for the price of
goods either in Bangalore where the cause of action arises or in Hyderabad where D
carries on his business.

Objections to jurisdiction( Section 21)

If objection related to the place of suing:-

 pecuniary limits
 competence of the executing court with regards to local limits of its
jurisdiction
is not brought in the Court at the first instance, before settlement or in a case where
the issues are settled, then no objection will be allowed by the Revisional or Appellate
Court unless there is a failure of justice.
Non- Applicability

 Territorial jurisdiction
 Pecuniary jurisdiction
In the case of Karan Singh vs Chaman Paswan

When the court commits an error in entertaining the suit with regard to pecuniary or
territorial jurisdiction then the decision given by such court will not be void but will
be considered as the illegal exercise of jurisdiction.

Bars on a suit to set aside a decree on objection as to the place of suing (Section 21A)

No suit shall be brought up challenging the validity of decree passed in a former suit
between the same parties or between the parties litigating under the same title on any
ground based on an objection as to a place of suing.

Conclusion

The concept of the place of suing is very important as it helps to determine the
jurisdiction of each court. It helps to the plaintiff where to file a suit. It saves the time
of the court in determining the jurisdiction of the court.

--Place of Suing

A “Plaint” in a suit for breach of contract is a legal document that initiates the lawsuit
and outlines the plaintiff’s claim1. It is the first step of the plaintiff in the form of a
legal document for the commencement of the suit1. The plaint shows what a plaintiff
wants from that suit1.
In the context of a suit for breach of contract, the plaint would detail the agreement
that has been breached by the defendant, the legal rights of the plaintiff that are being
violated, and the relief sought to enforce the agreement12.
Breach of contract occurs when one party in a contract fails to fulfill their obligations
as per the terms of the contract2. The plaintiff, the person who brings a lawsuit to court
claiming that there has been a breach of contract, must first establish that a contract
existed between the parties3. The plaintiff also must demonstrate how the defendant—
the one against whom a claim or charge is brought in a court—failed to meet the
requirements of the contract3.
The contents of a plaint typically include1:

 The name of the court where the suit is filed

 The name, description, and place of residence of the plaintiff
 The name, description, and place of residence of the defendant
 A statement of the material facts constituting the cause of action
 The relief that the plaintiff seeks
 The rules and guidelines related to the place of suing help determine which
Court is competent to hear and decide a particular case based on factors such as
the nature of the case, the subject matter, the geographical location of the
parties involved, and other relevant considerations.

Provisions for Place of Suing under CPC

 The place of suing in CPC is discussed under Sections 15 to 20. Section 15
pertains explicitly to the pecuniary jurisdiction of the Court. Sections 16 to 18
address suits concerning immovable property, Section 19 covers suits related to
compensation for wrongs and movable property, and Section 20 deals with
suits concerning other matters.

Section 15: Place of Suing Based on Pecuniary Basis

Section 15 of Code of Civil Procedure 1908- “Court in which suits to be
instituted”-“Every suit shall be instituted in the Court of the lowest grade
competent to try it”

Section 15 of the Code of Civil Procedure states that every lawsuit should be
initiated in the Court of the lowest grade with the competence to handle it. This
requirement aims to prevent overburdening of higher courts. While a judgment
passed by a higher-grade court remains valid, a decree passed by an
incompetent court would be considered void

Section 16 to 20: Place of Suing Based on Territorial Aspects

When examining the territorial jurisdiction of a court, it is important to consider the
following four types of suits:

Suits related to immovable property: These are governed by Sections 16-18 of the
Code of Civil Procedure. These sections outline the rules and guidelines for filing
suits concerning disputes over immovable property.
Suits related to movable property: Section 19 of the Code of Civil Procedure
pertains to suits involving movable property. It lays down the provisions for filing
suits related to disputes over movable assets.

Suits related to compensation for wrongs: Section 19 of the Code of Civil

Procedure also covers suits concerning compensation for wrongs. This section
provides guidelines for filing suits seeking compensation for injuries or damages
caused by wrongful acts.

Other suits: Section 20 of the Code of Civil Procedure deals with suits that fall
outside the specific categories mentioned above. It encompasses suits that do not fit
into the scope of immovable property, movable property, or compensation for wrongs.

Place of Suing for Matters Involving Immovable Property (Section 16-18)

Section 16
Section 16 of the Code of Civil Procedure, 1908 states that suits related to specific
types of claims concerning immovable property should be instituted in the Court
within the local jurisdiction where the property is situated. These types of suits
include:

 Recovery of immovable property with or without rent or profits,

 Partition of immovable property,
 Foreclosure, sale, or redemption in the case of a mortgage or charge on
immovable property,
 Determination of any other right or interest in immovable property,
 Compensation for wrong to immovable property,
 Recovery of movable property that is currently under distraint or attachment.
However, there is a provision that if a suit seeks relief or compensation for wrong to
immovable property held by or on behalf of the defendant. The relief can be entirely
obtained through the defendant’s obedience, the suit can be filed either in the Court
within the jurisdiction where the property is situated or in the Court within the
jurisdiction where the defendant resides, carries on business, or works for gain
voluntarily and effectively.

Subject-Matter Jurisdiction
Subject-matter jurisdiction refers to the authority of a court to hear and decide cases
based on the nature of the issues involved. Different courts are granted jurisdiction
over specific types of lawsuits to handle diverse legal matters. For instance, matters
related to insolvency, probate, divorce, and similar issues cannot be adjudicated by a
court of civil judges of the junior division. If a court lacks subject-matter jurisdiction
over a particular case, any decree or judgment issued by that Court is considered null
and void.

Section 16 of the Code of Civil Procedure, 1908 allows invoking jurisdiction in five
specific types of suits, which are as follows:

 Partition of immovable property

 Recovery of immovable property
 Torts to immovable property
 Determination of any right or interest in the property
Sale, foreclosure, or redemption regarding a mortgage or charge on immovable
property

Section 17 of the CPC

Section 17 of Code of Civil Procedure 1908 states, “Suits for immovable property
situate within the jurisdiction of different Courts”.

In cases where the immovable property is situated within the local jurisdiction of
different courts if a lawsuit is filed seeking compensation or relief for wrongs caused
to the immovable property, it can be brought before any court within the jurisdiction
where a portion of the property is located. However, it is important to note that the
Court hearing the case will have cognizance over the entire claim, considering the
significance of the subject matter of the suit.

Place of Suing in CPC for Matters Involving Immovable Property (Section 19)
Section 19 of Code of Civil Procedure 1908 deals with “Suits for compensation for
wrongs to person or movables”.

In cases where a suit involves compensation for a wrong done to a person or movable
property, if the wrong occurred within the jurisdiction of one Court and the defendant
resides, carries on business, or personally works for gain within the jurisdiction of
another court, the plaintiff has the option to file the suit in either of the mentioned
courts.

For instance, if Raj, who resides in Kolkata, commits a wrongful act against Suraj,
who resides in Gujarat, Suraj can choose to file the lawsuit in either the Court in
Kolkata or the Court in Gujarat, but not in a third unrelated court like Delhi. This
provision allows the plaintiff to select the Court based on their convenience or
strategic considerations when the wrong and the defendant’s location fall under
different court jurisdictions.
It’s important to note that drafting a proper plaint is crucial as it sets the tone for the
rest of the lawsuit and can significantly impact the outcome1. Therefore, it’s often
recommended to seek legal advice when preparing a plaint for a suit for breach of
contract1.

--Frame of suits and its essentials

Order 2: Frame of Suit

The plaintiff will be approaching a civil court with his suit which is familiarly known
as Frame of Suits provided under Order 2 of the Code. Framing of suit signifies that a
party has instituted a legal action against another party. As provided by Rule 2 of
Order 2, the plaintiff is supposed to include his entire claim in the suit, which will
function as a cause of action brought by the plaintiff against the defendant. The
framed suit needs to be instituted before the civil court. But, who does the inst Order 2
CPC Description
1. Frame of suit

Every suit shall as far as practicable be framed so as to afford ground for final
decision upon the subjects in dispute and to prevent further litigation concerning them.

2. Suit to include the whole claim.

(1) Every suit shall include the whole of the claim which the plaintiff is entitled to
make in respect of the cause of action; but a plaintiff may relinquish any portion of his
claim in Order to bring the suit within the jurisdiction of any Court.

(2) Relinquishment of part of claim-Where a plaintiff omits to sue in respect of, or

intentionally relinquishes, any portion of his claim he shall not afterwards sue in
respect of the portion so omitted or relinquished.

(3) Omission to sue for one of several reliefs-A person entitled to more than one relief
in respect of the same cause of action may sue for all or any of such reliefs; but if he
omits, except with the leave of the Court, to sue for all such reliefs, he shall not
afterwards sue for any relief so omitted.

Explanation-For the purposes of this rule an obligation and a collateral security for its
performance and successive claims arising under the same obligation shall be deemed
respectively to constitute but one cause of action.

Illustration

A lets a house to B at a yearly rent of Rs. 1200. The rent for the whole of the years
1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent due for
1906. A shall not afterwards sue B for the rent due for 1905 or 1907.

STATE AMENDMENT

Uttar Pradesh.-In Order II, Rule 2.-

(a) the existing Explanation shall be numbered as Explanation I, and after Explanation
I, as so numbered the following Explanation II shall be inserted, namely:-

"Explanation II.-For the purposes of this rule a claim for ejectment of the defendant
from immovable property let out to him and a claim for money due from him on
account of rent or compensation for use and occupation of that property, shall be
deemed to be claims in respect of distinct causes of action":

(b) for the illustration, the following illustration shall be substituted, namely:-

"Illustration.-A lets immovable property to B at a yearly rent. The rent for the whole
of the years 1905,1906 and 1907 is due and unpaid, and the tenancy is determined
before A sues B in 1908, only for the rent due for 1906. A may afterwards sue B for
ejectment but not for the rent due for 1905 or 1907".

[Vide U.P. Civil Laws (Reforms and Amendment) Act, 1956 (Act 57 of 1976), sec. 4
(w.e.f. 1-1-1977) ].

3. Joinder of causes of action

(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of
action against the same defendant, or the same defendants jointly; and any plaintiffs
having causes of action in which they are jointly interested against the same defendant
or the same defendants jointly may unite such causes of action in the same suit.

(2) Where causes of action are united, the jurisdiction of the Court as regards the suit
shall depend on the amount or value of the aggregate subject-matters at the date of
instituting the suit.

4. Only certain claims to be joined for recovery of immovable property.

No cause of action shall, unless with the leave of the Court, be joined with a suit for
the recovery of immovable property, except-

(a) claims for mesne profits or arrears of rent in respect of the property claimed or any
part thereof;

(b) claims for damages for breach of any contract under which the property or any part
thereof is held; and

(c) claims in which the relief sought is based on the same cause of action:

Provided that nothing in this rule shall be deemed to prevent any party in a suit for
foreclosure or redemption from asking to be put into possession of the mortgaged
property.

5. Claims by or against executor, administrator or heir

No claim by or against an executor, administrator or heir, as such, shall be joined with

claims by or against him personally unless the last mentioned claims are alleged to
arise with reference to the estate in respect of which the plaintiff or defendant sues or
is sued as executor, administrator or heir, or are such as he was entitled to, or liable
for, jointly with the deceased person whom he represents.

1[6. Power of Court to separate trials.

Where it appears to the Court that the joinder of causes of action in one suit may
embarrass or delay the trial or is otherwise inconvenient, the Court may Order
separate trials or make such other Order as may be expedient in the interests of
justice.]

1. Subs, by Act No. 104 of 1976, sec. 53 for rule 6 (w.e.f. 1-2-1977).
7. Objections as to misjoinder

All objections on the ground of misjoinder of causes of action shall be taken at the
earliest possible opportunity and, in all cases where issues are settled, at or before
such settlement unless the ground of objection has subsequently arisen, and any such
objection to so taken shall be deemed to have been waived.
itution? Is it the plaintiff, or any other individual? This question is answered by Order
3 of the Code.

Essentials of suit
In Krishnappa v. Shivappa, ILR (1907) 31 Bom 393, the court has held that there are
four essentials of a suit: –
(i) Parties to a suit

(ii) Subject matter in dispute

(iii) Cause of action and

(iv) Relief

Parties to suit
There must be at least two parties (two opposing parties) in a suit. The two party
consists of a plaintiff (one who claims) and the defendant (against whom the claim is
made) in a suit. There may, however, be more than one plaintiff or more than one
defendant. All particulars, such as name, father’s name, age, place of residence, etc.,
which are necessary to identify the parties, must be stated in a plaint.

Subject matter
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type
or cases relating to a specific subject matter. Section 9 of the Civil Procedure Code
deals with the jurisdiction of the courts.

Cause of action
A cause of action can be described as “a bundle of essential facts, which is “a bundle
of essential facts, which is necessary for the plaintiff to prove before he can
succeed[4]“, or “which gives the plaintiff right to relief against the defendant[5]“.
Thus, “cause of action” means every fact, which it is necessary to establish to support
a right or obtain a judgment[6].
Cause of action has nothing to do with the defence which may be set up by the
defendant, nor does it depend upon the character of the relief prayed for by the
plaintiff. It refers entirely to the grounds set forth in the plaint as the cause of action,
or, in other words, to the media upon which the plaintiff asks the court to arrive at a
conclusion in his favour.[7]

Relief
A relief is a legal remedy for a civil wrong. A relief in a suit is claimed by the plaintiff
in a civil suit.

Every plaint must state specifically the relief claimed by the plaintiff either simply or
in the alternative. Where the relief is founded on separate and distinct grounds, they
should be so stated. Where the plaintiff is entitled to more than one relief in respect of
the same cause of action, it is open to him to claim all or any of such reliefs[9].
There are two types of relief granted by the court:

 Specific relief
 Alternative relief
Conclusion
It can be understood that a suit is a civil action which can be brought when certain
essentials regarding it are satisfied and fulfilled. A civil suit comes with a remedy
without which a plaintiff cannot bring an action. The subject matter and cause of
action are also an essential element without which a suit cannot be instituted. Hence, a
civil suit is an important civil proceeding.

--Parties to suit
“Parties to a suit” refers to the individuals or entities involved in a legal
case. In a civil lawsuit, there are typically two parties: the plaintiff, who
initiates the lawsuit, and the defendant, against whom the lawsuit is
filed1. There can be more than one plaintiff or defendant in a suit1.
The parties involved in a suit are categorized into two types:
1. Necessary Party: A necessary party is one without whom the rights of the
other parties cannot be adjudicated correctly2. For example, in a suit for
eviction, the landlord and tenant are necessary parties2.
2. Proper Party: A proper party is one whose presence would lead to a better
adjudication of rights. Without a proper party, adjudication can still take
 place, but without necessary parties, adjudication cannot take place 2. For
instance, in a suit for eviction, the sub-tenant is considered a proper party2.
The identification and proper inclusion of parties in a civil suit are critical
for the effective administration of justice3. The underlying principle is to
avoid multiplicity of suits and needless expenses2

--Plaint in suit for injunction

A “Plaint” in a suit for injunctions is a legal document that initiates the lawsuit and
outlines the plaintiff’s claim1. It is the first step of the plaintiff in the form of a legal
document for the commencement of the suit1. The plaint shows what a plaintiff wants
from that suit1.
The contents of a plaint typically include1:

 The name of the court where the suit is filed

 The name, description, and place of residence of the plaintiff
 The name, description, and place of residence of the defendant
 A statement of the material facts constituting the cause of action
 The relief that the plaintiff seeks

In the context of a suit for injunctions, the plaint would detail the wrongful act that has
been or is being committed by the defendant, the legal rights of the plaintiff that are
being violated, and the injunction sought to prevent the continuation of the wrongful
act23.
An injunction is a court order requiring a person to do or cease doing a specific
action. There are different types of injunctions, such as prohibitory (ordering a person
to stop doing something) and mandatory (ordering a person to do something)2. In a
suit for injunctions, the plaint would specify the type of injunction sought and provide
the reasons for seeking it23.
It’s important to note that drafting a proper plaint is crucial as it sets the tone for the
rest of the lawsuit and can significantly impact the outcome1. Therefore, it’s often
recommended to seek legal advice when preparing a plaint for a suit for injunctions1.

--Plaint in suit for specific performance

Suit For Specific Performance of Contract- Practical Problems

Specific performance is a remedy developed by principle of equity. A party to a
contract who is damaged because the contract is breached by another party has the
option to file a suit for specific performance compelling to perform his part of
contract. Before an equity court will compel specific performance, however, the
contract must be one which can be specifically performed. Section 16 (c) of the Act
envisages that plaintiff must plead and prove that he had performed or has always
been ready and willing to perform the essential terms of the contract which are to be
performed by him, other than those terms the performance of which has been
prevented or waived by the defendant. In our country, most of the specific
performance suits relate to sales of immoveable properties and to some extent, transfer
of shares. As the law of specific performance is basically founded on equity,
considerations such as conduct of the plaintiff, the element of hardship that may be
caused to one of the parties, the availability of adequate alternative relief and such
other matters are taken into consideration. It is a discretionary relief.

Suit For Specific Performance:

Illustration
A is owner of land. He executed an unregistered agreement of sale in favour of B and
received Rs. 50,000/- as an advance out of sale price of Rs.1,00,000/-. A has to
execute a Regd. Sale deed within three months from date of execution of agreement of
sale. But, A refused to execute Regd. Sale deed and sold the said property to C for
higher price. B can sue against A for specific performance.

From the above illustration, no doubt, B can file a suit for specific performance. This
case involve several aspects such as, whether plaintiff is ready and willing to perform
his part of contract or not; when would time is essence of contract?; Can C be
impleaded in the suit as party? Is escalation of price is a ground in such a suit?
Question of Lis Pendens; whether B is entitled for damages and compensation or not;
whether an unregistered agreement of sale is admissible or not etc. All these aspects
are dealt in the following paragraphs with relevant illustrations.

--Plaint in suit for breach of contract

A “Plaint” in a suit for breach of contract is a legal document that initiates the lawsuit
and outlines the plaintiff’s claim1. It is the first step of the plaintiff in the form of a
legal document for the commencement of the suit1. The plaint shows what a plaintiff
wants from that suit1.
In the context of a suit for breach of contract, the plaint would detail the agreement
that has been breached by the defendant, the legal rights of the plaintiff that are being
violated, and the relief sought to enforce the agreement12.
Breach of contract occurs when one party in a contract fails to fulfill their obligations
as per the terms of the contract2. The plaintiff, the person who brings a lawsuit to court
claiming that there has been a breach of contract, must first establish that a contract
existed between the parties3. The plaintiff also must demonstrate how the defendant—
the one against whom a claim or charge is brought in a court—failed to meet the
requirements of the contract3.
The contents of a plaint typically include1:

 The name of the court where the suit is filed

 The name, description, and place of residence of the plaintiff
 The name, description, and place of residence of the defendant
 A statement of the material facts constituting the cause of action
 The relief that the plaintiff seeks

It’s important to note that drafting a proper plaint is crucial as it sets the tone for the
rest of the lawsuit and can significantly impact the outcome1. Therefore, it’s often
recommended to seek legal advice when preparing a plaint for a suit for breach of
contract1.

--Plaint in suit for accounts by the Principal against the agent

- --Suit for partition and possession

- A “Suit for Partition” is a legal action initiated by a co-owner or legal heir of a
property to divide the property into distinct portions so that each party may
hold their portion independently12. The suit aims to bring the joint status to an
end1.
- The process of partition involves the division of real property like a home or
land, and sometimes it also involves personal property like stocks2. Partition is
basically a division of property among several co-owners so that each person
gets a proper share and becomes the exclusive owner of the share allotted to
them2. It is generally affected by dividing property according to the shares to
which each of the parties is entitled2.
- In a Hindu Undivided Family, the decision-making power lies with the Karta
also called the head of the family. The male lineal descendants of Karta are
called the coparceners. A coparcener possesses the right to ask for partition at
any time1. There is no restriction on him asking for a partition1.
- The true test of the partition of property as per the Hindu Law is the intention
of the members of the family to become separate owners1. The concept of
Partition under the domain of family law is considered as one of the most
comprehensive and complicated matters1.
- It’s important to note that the whole process of partition begins when the father,
without making the will, unfortunately, deceases leaving behind the children to
fight over property1. Thereafter, when the sons fail in mutually settling the
dispute over properties, the case is filed in the court of law1. Subsequently, after
 lengthy proceedings and arguments, the decision made by the court becomes
final and binding1.

2nd ansmwer
Partition is basically a division of property among several co-proprietor so that
each person gets a proper share and becomes the exclusive owner of the share
allotted to him. It is generally affected by dividing property according to the
shares to which each of the parties is entitled. In other words, it is also known
as re-distribution or adjustment of pre-existing rights among co-owners. Each
divided/assigned property gets a new cognomen/title and each shareholder
gives up his interest in the property in favour of others. Therefore, a partition is
a combination of surrender and transfer of rights.

TYPES OF PARTITIONING2

1. PARTITION DEED-

 This involves a mutual understanding between both the partners.

 Partition to be executed in stamp paper and should be registered with the
sub registrar’s office.
 Through registration, I league and binding.
 For peaceful division, an agreement between the family members
through negotiation and talking is done.
2. FAMILY SETTLEMENT-

 Follows the same paths of the partition deed except for one thing that is
registration and Stamping
 Signs of family members is an essential aspect that is to be followed.
3. PARTITION SUIT-

 Partition suit when disagreement occurs between co-owner or Co

proprietors then one of them can file a partition suit in the court which
involves jurisdiction.
 To file a partition suit there is a limitation of 3 years from the date when
the right to sue occurs beyond which the Suit would be stuck by the law
of limitations.

-possession